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HomeMy WebLinkAbout03-02-2023 Ad Hoc Truth and Reconciliation CommissionAd Hoc Truth and Reconciliation Commission Agenda Thursday, March 2, 2023, 7 PM Emma J. Harvat Hall City Hall 410 E. Washington Street In order to encourage input from the public, the Commission intends to offer the opportunity to participate in the meeting remotely. However, this meeting is in -person, and those wishing to ensure their ability to participate should attend the meeting in person. If you instead wish to participate remotely, you may attempt to do so by joining the below link. Please note that the meeting link and ID for the first Thursday of each month is different than the link and ID for the third Thursday of each month. First Thursday Meetings httl)s://us06web.zoom.us/webinar/register/WN cMlaaV6cTxGw0IWu2-hFH� ID: 867 2424 809S Third Thursday Meetings https://us06web.zoom.us/webinar/register/WN ICII811PSRo1uOXPIL-1Ew ID:89S 369S 048S If you have no computer or smartphone, or a computer without a microphone, you can call in by phone by dialing (312) 626-6799 and entering the meeting ID when prompted. Meeting Agenda: 1. CALLTOORDER 2. READING OF NATIVE AMERICAN LAND ACKNOWLEDGEMENT 3. APPROVAL OF MEETING MINUTES FROM FEBRUARY 2, 2023 4. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA (TRC MEMBERS SHALL NOT ENGAGE IN DISCUSSION WITH THE PUBLIC CONCERNING SAID ITEMS) S. FACILITATOR SERVICES DRAFT CONTRACT REVIEW 6. CORRESPONDENCE 7. ICCSD ELEMENTARY SCHOOL PERFORMANCE INCIDENT 8. A PRACTICAL GUIDE TO PLANNING COLLABORATIVE INITIATIVES TO ADVANCE RACIAL EQUITY SECTION EDITION 2022 DISCUSSION 9. ANDRE WRIGHT'S PROPOSAL 10. ANNOUNCEMENTS OF COMMISSIONERS/STAFF (TRC MEMBERS SHALL NOT ENGAGE IN DISCUSSION WITH ONE ANOTHER CONCERNING SAID ANNOUNCEMENTS) 11. ADJOURNMENT MEETING PACKET CONTENTS: 1. NATIVE AMERICAN LAND ACKNOWLEDGMENT 2. DRAFT MEETING MINUTES (FEBRUARY 2, 2023) 3. FOUR DRAFT CONTRACTS 4. RESPONSES (FEBRUARY 3, 2023) TRC CONSULTANT AGREEMENT CLARIFICATIONS 5. PROPOPSAL FACILITATOR (FEBRUARY 3, 2023) 6. CORRESPONDENCE FROM COALITION TO ABOLISH PRISON SLAVERY AT UI If you will need a disability -related accommodation to participate in this meeting please contact the Equity Director, Stefanie Bowers, at 319-356-5022 or at Stefanie-bowers@iowa- city.org. Early requests are strongly encouraged to allow sufficient time to meet your accessibility needs. Native American land Acknowledgement Prepared for the City of Iowa City's Ad Hoc Truth and Reconciliation Commission and Human Rights Commission PURPOSE Iowa City owes its existence to the many Indigenous Peoples who were the original stewards of this land and who were subjected to manipulation and violence by non-native settlers, invaders, and governments in order to make this moment possible. Acknowledgement of this truth is central to our work toward reconciliation across all barriers of difference and injustice. Starting with a Native American Land Acknowledgement, this Commission will bear witness to the legacies of violent displacement, migration, and settlement that have marginalized those who were the first inhabitants of this land. We must also address the mistreatment and exclusion that Native Americans continue to face today. The Ad Hoc Truth and Reconciliation Commission and the Human Rights Commission encourage the community and City of Iowa City to join us in these efforts through the use of a Native American Land Acknowledgement. LAND ACKNOWLEDGEMENT To be read at all public meetings and events: "We meet today in the community of Iowa City, which now occupies the homelands of Native American Nations to whom we owe our commitment and dedication. The area of Iowa City was within the homelands of the Iowa, Meskwaki, and Sauk, and because history is complex and time goes far back beyond memory, we also acknowledge the ancient connections of many other Indigenous Peoples here. The history of broken treaties and forced removal that dispossessed Indigenous Peoples of their homelands was and is an act of colonization and genocide that we can not erase. We implore the Iowa City community to commit to understanding and addressing these injustices as we work toward equity, restoration, and reparations." LEARN MORE Native Governance Center Guide to Indigenous Land Acknowledgement US Department of Arts and Culture: Honor Native Land Virtual Resources and Guide Meskwaki Nation - History Special thanks to the University of Iowa Native American Council for their work and guidance, as well as members of the public, for their input. February 3, 2022 Draft Ad Hoc Truth and Reconciliation Commission (TRC) Minutes Emma J. Harvat Hall City Hall Commissioners present: Amel Ali, Kevo Rivera, Chastity Dillard (via Zoom), Wangui Gathua, Clifton Johnson, Mohamed Traore, Daphney Daniel (via Zoom), Eric Harris, Sikowis (Christine Nobiss) (via Zoom). Staff present: Stefanie Bowers. Community members who spoke at the meeting: Nicholas Theisen, Marie Krebs, Redmond Jones II. Recommendations to City Council: No. Meeting called to order: 7:05. Reading of Land Acknowledgement: Ali read the Land Acknowledgement Approval of Minutes from the January 20, 2021: Ali moved, and Traore seconded. Motion passed 9-0. Public Comment of Items not on the Agenda: None. Excluded Workers Fund Update: Johnson County has expanded and broadened the definition of persons that would be identified as being eligible for the ARP funds. Now, persons who received stimulus checks are eligible for these funds. Additionally, the funds will be distributed using a lottery process. This lottery process could potentially exclude the persons it was created to assist. The Excluded Workers have recently been met by armed Johnson County Sherriff Deputies when they show up to meetings which creates a feeling of intimidation. Nicholas Theisen seconds the critique of the expanded definition of who can qualify for the ARP funds via the lottery and the expanded definition. Community Conversations with Potential Facilitator(s): Arnold Daniels is a Cultural Anthropologist. Daniels studies living societies and the systemic structure within societies. Daniels' approach to facilitating the TRC will be to work as a team to identify those who have stories to tell. Community Circles (Astig Planning, Mediation Services of Eastern Iowa, Banjo Knits Empowerment) is very invested in healing and being a part of change. They will facilitate using circles to assist the TRC in their mission. The circles will also be used to build community capacity to continue holding them. Think Peace works on transitional justice and that would be their focus in working with the TRC. The approximate timeframe would be 6 months. After that time, they would be utilized more for support. Concern was raised on circles being used by non -Indigenous persons and of cultural appropriations. There is also concern that the TRC has forgotten or left out other communities specifically, Indigenous persons. TRC members will plan to create subcommittees to further discuss whether circles should be utilized in this process, and if so by whom and how, expanding connections/conversations to other marginalized communities, and furthering discussions with the possible facilitator(s). Commission Announcements: Rivera noted that February is Black History Month. Adjourn: 8:50 PM City meetings are recorded and can be viewed in their entirety by visiting this link. e N r r �C �C N b N N N M r N P. 0. 0.. P. o. a a N N P. Q P. 0. 0.. Q Q 4 4 { N N N N N N N N N F' C CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of 2023, by and between the City of Iowa City, a municipal corporation (hereinafter, "the City"), and Think Peace, an initiative of the Mary Hoch Foundation Ltd., (hereinafter, "Consultants".) Whereas, on September 15, 2020, the Iowa City Council passed Resolution 20-228, establishing the Ad Hoc Truth and Reconciliation Commission (hereinafter, the "TRC'); and Whereas, that resolution called for the TRC "to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for dedicating and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter movement'; and Whereas, that resolution also indicated that "[t]he TRC shall be facilitated by an independent consultant, funded by the City, with expertise in group facilitation and human rights, and to the extent possible, experience with diversity, implicit bias, mediation and conflict resolution, until such time as the TRC concludes by the favorable vote of at least three -fourths of all the members of the TRC (7/9) that facilitation is no longer needed."; and Whereas, Consultants possess said expertise, and are willing to contract with the City to assist the TRC in achieving their mandate; and Whereas, Consultants have proposed to perform the Scope of Services below in collaboration with several other consultants, and agree to do so. Now therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultants to provide services as set forth herein. I. SCOPE OF SERVICES Consultants agree to perform the following services for the City, and to do so in a timely and satisfactory manner. Consultants have proposed being part of a team with other consultants, all working to achieve the goals described in Iowa City Council Resolution 20-228. The collective scope of services of Consultants and the other consultants proposing and working as a team is attached as Exhibit "A" and incorporated herein by this reference. In the event of conflict between this Agreement and Exhibit A, this Agreement shall control. The Consultants are responsible for the scope of services assigned to "Think Peace" in Exhibit A. Additional Details: Consultants shall attend and participate in consultant coordination meetings that take place outside of TRC meetings. Consultants shall attend TRC meetings either in -person or remotely. Consultants will make a series of trips to Iowa City to assist in the work of the TRC. Those trips will include, but not be limited to, the following work: • First trip (three experts): Will implement a training seminar on key elements of transitional justice, including comparative experiences on other truth commissions, and steps to discharge the mandate of the Iowa City TRC in the areas of truth -seeking, fact-finding, and reconciliation. -2- 6 Section IV • Second trip (one expert): Develop the design and organization of TRC public events: this includes skills such as supporting the survivors' narratives, deep listening, restorative and healing practices, and trauma sensitivity training. • Trips three to five (one expert each): Will continue supporting the organization of TRC events and to accompany those events as they are implemented (for truth -telling, fact finding or reconciliation). In these trips Consultants will help synthesize the information and data that will be collected by the TRC. Deliverables: Consultants will prepare written products, including: • Educational materials for the training session • Memos on the organization of the TRC events, including a primer on conducting truth commission hearings. • A glossary on key concepts to be used in the process (about inter alia transitional justice, restorative justice, trauma healing, reconciliation, comparative experiences). II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. The facilitated services (hereinafter, the "Services") of the TRC are to commence upon a start date (hereinafter, "Start Date'), to be set by the TRC in collaboration with the Consultants and all other consultants involved. The Services shall be completed on the following schedule: 1. Phase One: No later than three (3) months from the Start Date. 2. Phase Two: No later than four (4) months following completion of Phase One. The completion date of each phase may, but is not required to, be extended by the TRC at the request of the Consultants. Any such extension must be approved in writing by the chair of the TRC. Any completion date extension shall not affect compensation paid to the Consultants for services rendered unless written approval is granted by the Iowa City Council. III. COMPENSATION FOR SERVICES Consultants will charge monthly fees as contained in Exhibit "B", incorporated herein by this reference. Said fees shall not to exceed $86,086, plus travel expenses not to exceed $10,083.50, for a grand total not to exceed $96,169.50. Consultants may not exceed the figures above without written approval of a Change Order executed by City Council. Said fees include the hiring of a local facilitator ("hereinafter, Local Facilitator") who will be hired by Consultants and paid by Consultant in accordance with Exhibit B. Local Facilitator's employment status shall be determined by Consultants. Local Facilitator shall in no way be considered an employee of the City. IV General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. -3- Section IV 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional affixed thereto as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. s Section IV M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained -5- 9 Section IV and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City For the Consultants By: By:_ Title: Title: Date: Date: Approved by: City Attorney's Office Proposal Summary This proposal is actually a set of four proposals from four different groups: Think Peace, Kearns and West, Three Native Partners, and the Healing Partners Team (Banjo Knits Empowerment, Astig Planning, and Mediation Services of Eastern Iowa). These are all being proposed together after several months of our groups collaborating and engaging with the TRC. We recognize that the skills and expertise of each group are interdependent and are necessary components to continue the important work of the TRC per Iowa City Council's Resolution No. 20-228. This proposal offers a community -led framework for moving at the speed of trust and building lasting and authentic relationships throughout the Truth and Reconciliation process. We seek an organic process that nurtures authenticity within the community while building our local capacity. Our teams prioritize intentional reflection and evaluation, which will provide the TRC and community partners an opportunity to improve processes/practices and gain clarity on the next phase or next steps. Phased Approach In order to co -create a framework and process that reflects intentionality, it is important to include more local partners and to have a phased approach from which to evaluate progress. We recognize that white culture normalizes and expects processes that are neat and tidy, and although this is a phased approach, we recognize from the outset that there is a lot of potential for overlap between phases that can occur and changes that will naturally arise. We propose a two -phased approach with evaluative breaks that will help determine the next strategic steps. It is our understanding that the Commission will continue working until December of 2024. Our scope and timeframe will remain the same and provide several months for the Commission to further investigate, create, and forge necessary pathways that are borne from the final recommendations. Our start date is contingent upon approval from the City Council and we are committed to starting as soon as possible. Expectations of the City & Commissioners In order to co -create a framework and process that reflects intentionality, it is also important to include suggested expectations of the City's involvement and support functions/tasks. Tasks may include, but are not limited to the following: Specific tasks include: Facilitate Truth and Reconciliation Commission discussions and actions informing, confirming, and assessing truth -telling, fact-finding and reconciliation processes o Assist in the creation of meeting agendas, assist in keeping meetings moving forward in a productive manner and on time. Coordinate operations of the four proposals alongside and informed by TRC, Think Peace, Kearns & West, Healing Partners, and Native Partners (e.g. host regular Team Meetings —virtual, email updates, and/or in -person); Co -Facilitate Strategic Doing and follow-up alongside a Healing Partner (Astig Planning) to develop a strategic outline and tasks that guide the progress and work of the Commission; 11 • Co -Create Restorative Justice Practices with Native and Healing Partners; • Co -Facilitate Restorative Justice Practices with Native and Healing Partners; • Facilitate the onboarding of local partners, organizations, other entities that can bring value to the work as contractors (identified by The Team) as needed; • Facilitate the identified local partners, organizations, contractors' initial/ongoing engagement within the Commission's work(e.g. connecting local databases and entities with data to fact -finding —Kearns and West); • Coordinate logistics of identified local Truth and Reconciliation activities and events that are informed and implemented by respective Team members (e.g. Think Peace, Native Partners, Healing Partners, other local partners, organizations and/or contractors); • Report progress alongside The Team during evaluation aspects of phased approach (3 months and 4 months); • Work with The Team, city staff and leadership to further the work of the Commission as the process unfolds. • Grant Identification, Submission & Execution in order to find additional funding opportunities that will further the work of the commission. Our Scope We have followed the three charges that the TRC was given in Resolution No. 20-228: Truth - telling, Fact -Finding, and Reconciliation. We have allocated our collaborative efforts to create teams that correspond to each of these charges. Think Peace will lead the Truth -Telling Team, Kearns & West will lead the Fact -Finding Team, and the Healing/Reconciliation Partners will lead the Reconciliation Team. We also see teams as groups that can be added to/modified, and encourage TRC Commission members, city staff, local partners, and community members to see themselves as part of those teams. Here is a general outline: • Phase One (3 Months) o Education (Truth -Telling Team)*** • Iowa Healing/Reconciliation Training & Strategic Planning/ Doing Session (Reconciliation Team)*** o Begin Data Collection (Fact -Finding Team)*** o Recommendations for moving forward (TRC + All Teams) ------Presentation to City Council and Progress Evaluation Phase Two (4 months) • Continuation of Fact-finding (Fact-finding Team)*** o Public Truth -telling/ hearings/ private interviews (Truth -Telling Team)*** o Hosting Iowa Circles & Strategic Planning/Doing Follow-up (Reconciliation Team)*** o Recommendations for moving forward (TRC + All Teams) ------Presentation to City Council and Progress Evaluation 2 12 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of 2023, by and between the City of Iowa City, a municipal corporation (hereinafter, "the City"), and Manape LaMere, Terry Medina, and Donnielle Wanatee of Three Native Partners, but signing in their individual capacities, (hereinafter, "Consultants".) Whereas, on September 15, 2020, the Iowa City Council passed Resolution 20-228, establishing the Ad Hoc Truth and Reconciliation Commission (hereinafter, the "TRC"); and Whereas, that resolution called for the TRC "to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for dedicating and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter movement'; and Whereas, that resolution also indicated that "[t]he TRC shall be facilitated by an independent consultant, funded by the City, with expertise in group facilitation and human rights, and to the extent possible, experience with diversity, implicit bias, mediation and conflict resolution, until such time as the TRC concludes by the favorable vote of at least three -fourths of all the members of the TRC (7/9) that facilitation is no longer needed.'; and Whereas, Consultants possess said expertise, and are willing to contract with the City to assist the TRC in achieving their mandate; and Whereas, Consultants have proposed to perform the Scope of Services below in collaboration with several other consultants, and agree to do so. Now therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultants to provide services as set forth herein. I. SCOPE OF SERVICES Consultants agree to perform the following services for the City, and to do so in a timely and satisfactory manner. Consultants have proposed being part of a team with other consultants, all working to achieve the goals described in Iowa City Council Resolution 20-228. The collective scope of services of Consultants and the other consultants proposing and working as a team is attached as Exhibit "A" and incorporated herein by this reference. In the event of conflict between this Agreement and Exhibit A, this Agreement shall control. The Consultants are responsible for the scope of services assigned to "Native Partners" in Exhibit A. Deliverables: Consultants will be providing written guidance for providing talking circles. The guidance will be based on circles Consultants will be offering to the community, as the TRC requests. This guidance can be used in teaching local community members to provide circles ongoingly, so people in the community and the community itself benefit from experiencing circles. II. TIME OF COMPLETION -2- 13 Section IV The Consultant shall complete the following phases of the Project in accordance with the schedule shown. The facilitated services (hereinafter, the "Services") of the TRC are to commence upon a start date (hereinafter, "Start Date"), to be set by the TRC in collaboration with the Consultants and all other consultants involved. The Services shall be completed on the following schedule: 1. Phase One: No later than three (3) months from the Start Date. 2. Phase Two: No later than four (4) months following completion of Phase One. The completion date of each phase may, but is not required to, be extended by the TRC at the request of the Consultants. Any such extension must be approved in writing by the chair of the TRC. Any completion date extension shall not affect compensation paid to the Consultants for services rendered unless written approval is granted by the Iowa City Council. III. COMPENSATION FOR SERVICES Consultants will charge an hourly rate of $125 per partner for their Services. For Phase One Services, total hourly compensation for each Consultant shall not exceed $ , or a lump sum of $ for all three Consultants. For Phase Two Services, total hourly compensation for each Consultant shall not exceed $ , or a lump sum of $ for all three Consultants. In addition, Consultants shall be reimbursed for their mileage to and from Iowa City at the federal reimbursement rate, not to exceed a total of $1,615.23 for all Phase One Services and an additional $1,615.23 total for all Phase Two Services reimbursement, for all three Consultants. Consultants shall not bill for their travel time. Lastly, Consultants shall be paid a total of $3,750 for their joint production of their Final Recommendations, which shall be delivered in a formal, written form. Consultants may not exceed the figures above without written approval of a Change Order executed by City Council. Because Consultants are three individuals, not a separate legal entity, each Consultant shall produce hourly records and travel reimbursement documentation so the City knows the compensation amount to be paid to each Consultant. IV General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. -3- 14 Section IV C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional affixed thereto as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. 15 Section IV O. Indemnification. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care. -5- 16 Section IV The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City By: Title: Approved by: City Attorney's Office Date For the Consultants By: Manape LaMere Date: 2023 171 Terry Medina Date: By: Donnielle Wanatee Date: 2023 17 Kearns and West (Fact Finding) August 1- November 1(13 weeks) Role Principal Rate $ 285.00 sk 1: Team Coordination, Pr ' ct Management, Strategic Consultation 1.a: Kickoff call (Phase 1 Kickoff Call with Client) 0 1.b: Team Coordination & Project Management 2 1.c: Background Research 0 1.d: Consultant Team Coordination & Adaptive Management 0 1.e Client Coaching/Conflict Management & Recommendations for Moving Forward 0 Task 1 total hours 2 Task 1 total labor $570.00 Total - Task 1 Task 2: TRC Activities & Fact Finding Facilitation 2.a Fact Finding Process Design & Briefing 1 2.1c Fact Finding Scope & Work Plan 1 2.c TRC Meeting Participation + Planning, Facilitation, and Summary of Meetings or Meeting Segmentd dedicated to Fact Finding scoping. 0 Task 2 total hours 2 Task 2 total labor $570.00 Total - Task 2 Total Hours for all Tasks 4 Total Labor for all Tasks $1,140.00 Total Labor Travel Airfare to Iowa City 1 $ 18 Hotel (2 nights) $ Per Diem (meals/incidentals) $ Travel time (billed at 50% of total) $ Other Direct Costs Travel total for all Tasks $ Total Travel Costs $ GRAND TOTAL $1,140.00 Phase Two Rate I Principal $ 285.00 Task 1: Team Coordination, Project Management, Strategic Consultation 1.a: Kickoff call (Phase 2 Kickoff Call with Client) 0 1.1c: Team Coordination & Project Management 2 1.c: Background Research 0 1.d: Consultant Team Coordination & Adaptive Management 0 1.e Client Coaching/Conflict Management & Recommendations for Moving Forward 0 Task 1 total hours 2 Task 1 total labor $570.00 Total - Task 1 Task 2: TRC Activities & Fact Finding Facilitation 2.a Fact Finding Process Updates & Management 1 2.b TRC Meeting Participation + Planning, Facilitation, and Summary of Meetings or Meeting Segmentd dedicated to Fact Finding scoping. 0 Task 2 total hours 1 19 Task 2 total labor $285.00 Total - Task 2 Total Hours for all Tasks 3 Total Labor for all Tasks $855.00 Total Labor Travel Airfare to Iowa City $ Hotel (2 nights) $ Per Diem (meals/incidentals) $ Travel time (billed at 50% of total) $ Other Direct Costs Travel total for all Tasks $ Total Travel Costs $ - GRAND TOTAL $855.00 total Total 20 hours Sr Facilitator Associate $205.00 $150.00 4 0 4 19 19 40 12 12 24 52 52 104 8 0 8 95 83 180 $19,475.00 $12,450.00 $32,495.00 $32,495.00 8 12 21 16 24 41 35.5 35.5 71 59.5 71.5 133 $12,197.50 $10,725.00 $23,492.50 $23,492.50 154.5 154.5 313 $31,672.50 $23,175.00 $55,987.50 $55,987.50 $ 350.00 $ 350.00 $ 700.00 21 $ 192.00 $ 192.00 $ 384.00 $ 147.50 $ 147.50 $ 295.00 $ 1,332.50 $ 975.00 $ 2,307.50 $ 200.00 $ 200.00 $ 2,222.00 $ 1,664.50 $ 3,886.50 $ 6,666.00 $ 4,993.50 $ 11,659.50 $38,338.501 $28,168.501 $67,647.00 Sr Facilitator Associate 205.00 $150.00 4 0 4 22 22 46 16 4 20 56 56 112 36 4 40 134 86 222 $27,470.00 $12,900.00 $40,940.00 $40,940.00 8 12 21 35.5 35.5 71 43.5 47.5 92 `Pa $8,917.50 $7,125.00 $16,327.50 $16,327.50 177.5 133.5 314 $36,387.50 $20,025.00 $57,267.50 $57,267.50 $ 350.00 $ 350.00 $ 700.00 $ 192.00 $ 192.00 $ 384.00 $ 147.50 $ 147.50 $ 295.00 $ 1,332.50 $ 975.00 $ 2,307.50 $ 200.00 $ 200.00 $ 2,222.00 $ 1,664.50 $ 3,886.50 $ 8,888.00 $ 6,658.00 $ 15,546.00 $45,275.50 $26,683.00 $72,813.50 $140,460.50 23 Assumptions Virtual 90-minute meeting hosted by the City, deep dive review of Phase 1 total activities and each partner activities, Assumes 1 hour per week of K&W team internal coordination (13 hours each) and 2 hours per month for project Background research (including reviewing Iowa City reports, previous TRC materials, and relevant media articles - Assumes prep, participation, and follow up for weekly calls with full consulting team (2hrs x 13 calls) and 2 hours per Assumes 8 hours of consultation on recommendations for moving forward. Assumes strategic process design / Preparing a process diagram of the fact finding process including key decision points and benchmark activities. Briefing to be delivered as Fact Finding process "kick off' during TRC meeting Following TRC input, develop Fact Finding charter / work plan outlining key questions for the TRC to confirm to scope and inform Fact Finding research. This document will be updated on a rolling basis and will be the final deliverable from the Phase 1 Fact Finding activities. Will include defining scope of Fact finding, characteristics of acceptable data, outlining of data sources, etc. Includes participation in 7 TRC meetings at 2.5 hours per meeting (every other week, including pre -meeting team coordination and post -meeting real time debrief as needed.) Includes more robust support for Fact Finding agendas/topics, assuming an additional 6 hours of time for each of 3 meetings - heavier support includes additional meeting prep time for agendas, facilitation plans, faciliation, and summary of TRC discussions / decisions to finalize Fact Finding Work Plan (task 21b.) 24 Assumes three trips for face-to-face engagement among core team (Sr. Facilitator / Senior Associate) / TRC Virtual 90-minute meeting hosted by the City, deep dive review of Phase 1 total activities and each partner activities, identifying points of engagement / key decisions or outcomes by TRC/City. Includes the drafting of a week -by -week work plan or gannt chart, assumes led by Angie / local partners. Assumes 1 hour per week of K&W team internal coordination (14 hours each) and 2 hours per month for project management / burn tracking / etc. Phase 2 includes fact finding liaison in team coordination. Background research (including reviewing Iowa City reports, previous TRC materials, and relevant media articles - assumes 4 hours per month) Assumes prep, participation, and follow up for weekly calls with full consulting team (2hrs x 14 calls) and 2 hours per week for additional team calls / email coordination as needed across tasks. Assumes Angie leading consultant team coordination and agendas / notes from team calls, along with keeping work plan / gannt chart updated (if appropriate.) Assumes 8 hours of consultation on recommendations for moving forward. Assumes strategic process design / management consultation as needed to address emergent challenges, unexpected issues, TRC dynamics, etc. Updating Fact Finding Scoping / Work Plan to reflect progress, updating process diagram as needed, highlighting any key decision points to complete / calibrate / expand fact fining needs, and monitoring / briefing on key decision points and benchmark activities. Includes participation in 7 TRC meetings at 2.5 hours per meeting (every otherweek, including pre -meeting team coordination and post -meeting real time debrief as needed.) Includes more robust support for Fact Finding agendas/topics, assuming an additional 6 hours of time for each of 3 meetings - heavier support includes additional meeting prep time for agendas, facilitation plans, faciliation, and summary of TRC discussions / decisions to finalize Fact Finding Work Plan (task 2b.) 25 four trips for face-to-face engagement among core team (Sr. Facilitator / Senior Associate) / TRC 2s CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of 2023, by and between the City of Iowa City, a municipal corporation (hereinafter, "the City"), and Astig Planning, LLC. and Mediation Services of Eastern Iowa, an Iowa domestic non-profit corporation, (hereinafter, "Consultants".) Whereas, on September 15, 2020, the Iowa City Council passed Resolution 20-228, establishing the Ad Hoc Truth and Reconciliation Commission (hereinafter, the "TRC'); and Whereas, that resolution called for the TRC "to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for dedicating and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter movement'; and Whereas, that resolution also indicated that "[t]he TRC shall be facilitated by an independent consultant, funded by the City, with expertise in group facilitation and human rights, and to the extent possible, experience with diversity, implicit bias, mediation and conflict resolution, until such time as the TRC concludes by the favorable vote of at least three -fourths of all the members of the TRC (7/9) that facilitation is no longer needed.'; and Whereas, Consultants possess said expertise, and are willing to contract with the City to assist the TRC in achieving their mandate; and Whereas, Consultants have proposed to perform the Scope of Services below in collaboration with several other consultants, and agree to do so. Now therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultants to provide services as set forth herein. I. SCOPE OF SERVICES Consultants agree to perform the following services for the City, and to do so in a timely and satisfactory manner. Consultants have proposed being part of a team with other consultants, all working to achieve the goals described in Iowa City Council Resolution 20-228. The collective scope of services of Consultants and the other consultants proposing and working as a team is attached as Exhibit "A" and incorporated herein by this reference. In the event of conflict between this Agreement and Exhibit A, this Agreement shall control. The Consultants are responsible for the scope of services assigned to "Healing Partners" in Exhibit A. Additional Details: Consultants shall be responsible for recruitment of and payment of local groups of facilitator/conveners/experts in their fields (hereinafter, "Local Groups.") The sum total of payments to the Local Groups shall not exceed $10,000. Consultants shall attend TRC meetings either in -person or remotely and shall attend and participate in consultant coordination meetings that take place outside of TRC meetings. Deliverables: Consultants will prepare written products, including: • A presentation to the City Council at the end of each phase of work • Written Final Recommendations to Council -2- 27 Section IV II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. The facilitated services (hereinafter, the "Services") of the TRC are to commence upon a start date (hereinafter, "Start Date"), to be set by the TRC in collaboration with the Consultants and all other consultants involved. The Services shall be completed on the following schedule: 1. Phase One: No later than three (3) months from the Start Date. 2. Phase Two: No later than four (4) months following completion of Phase One. The completion date of each phase may, but is not required to, be extended by the TRC at the request of the Consultants. Any such extension must be approved in writing by the chair of the TRC. Any completion date extension shall not affect compensation paid to the Consultants for services rendered unless written approval is granted by the Iowa City Council. III. COMPENSATION FOR SERVICES Consultants will charge hourly fees as contained in Exhibit "B", incorporated herein by this reference. Said fees shall not to exceed $ for Phase One, $ for Phase Two, $10,000 for the Local Groups, and for Grand total fees, inclusive of the Local Groups' compensation, shall not exceed $ . Consultants may not exceed the figures above without written approval of a Change Order executed by City Council. Mediation Services of Eastern Iowa shall not bill for their time spent at TRC meetings or at Strategic Doing session. IV General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be -3- 28 Section IV exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional affixed thereto as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from 29 - 4 - Section IV the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. -5- so Section IV 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City For the Consultants: By: Astig Planning, LLC A Date: Title: Approved by: Date: Mediation Services of Eastern Iowa City Attorney's Office By: Title: 31 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of 2023, by and between the City of Iowa City, a municipal corporation (hereinafter, "the City"), and Kerns and West, Inc., (hereinafter, "Consultants".) Whereas, on September 15, 2020, the Iowa City Council passed Resolution 20-228, establishing the Ad Hoc Truth and Reconciliation Commission (hereinafter, the "TRC'); and Whereas, that resolution called for the TRC "to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for dedicating and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter movement'; and Whereas, that resolution also indicated that "[tjhe TRC shall be facilitated by an independent consultant, funded by the City, with expertise in group facilitation and human rights, and to the extent possible, experience with diversity, implicit bias, mediation and conflict resolution, until such time as the TRC concludes by the favorable vote of at least three -fourths of all the members of the TRC (7/9) that facilitation is no longer needed.'; and Whereas, Consultants possess said expertise, and are willing to contract with the City to assist the TRC in achieving their mandate; and Whereas, Consultants have proposed to perform the Scope of Services below in collaboration with several other consultants, and agree to do so. Now therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultants to provide services as set forth herein. I. SCOPE OF SERVICES Consultants agree to perform the following services for the City, and to do so in a timely and satisfactory manner. Consultants have proposed being part of a team with other consultants, all working to achieve the goals described in Iowa City Council Resolution 20-228. The collective scope of services of Consultants and the other consultants proposing and working as a team is attached as Exhibit "A" and incorporated herein by this reference. In the event of conflict between this Agreement and Exhibit A, this Agreement shall control. The Consultants are responsible for the scope of services assigned to "Kerns and West" in Exhibit A. Additional Details: Consultants shall assist in creating a job description for the "Community Researcher" role, to be hired by the City. Consultants shall fulfill the role of Fact -Finding Data Liaison. Consultants shall attend TRC meetings either in -person or remotely as necessary to accomplish the tasks described in Exhibit A, as well as those described in the fee spreadsheet, attached as Exhibit "B" and incorporated herein by this reference. Consultant shall attend and participate in consultant coordination meetings that take place outside of TRC meetings. Deliverables: Consultants will prepare written products, including: • A presentation to the City Council at the end of each phase of work • Written Final Recommendations to Council -2- 32 Section IV II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. The facilitated services (hereinafter, the "Services") of the TRC are to commence upon a start date (hereinafter, "Start Date"), to be set by the TRC in collaboration with the Consultants and all other consultants involved. The Services shall be completed on the following schedule: 1. Phase One: No later than three (3) months from the Start Date. 2. Phase Two: No later than four (4) months following completion of Phase One. The completion date of each phase may, but is not required to, be extended by the TRC at the request of the Consultants. Any such extension must be approved in writing by the chair of the TRC. Any completion date extension shall not affect compensation paid to the Consultants for services rendered unless written approval is granted by the Iowa City Council. III. COMPENSATION FOR SERVICES Consultants will charge hourly fees as contained in Exhibit B. Said fees shall not to exceed $67,647 for Phase One or $72,813.50 for Phase Two, both inclusive of travel reimbursement. Grand total fees, inclusive of travel reimbursement, shall not exceed $140,460.50. Consultants may not exceed the figures above without written approval of a Change Order executed by City Council. IV General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable -3- 33 Section IV request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional affixed thereto as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 34 Section IV 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the -5- 35 Section IV requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City For the Consultants: By: Kerns & West Date: Approved by: City Attorney's Office M Title: 36 Proposal Summary This proposal is actually a set of four proposals from four different groups: Think Peace, Kearns and West, Three Native Partners, and the Healing Partners Team (Banjo Knits Empowerment, Astig Planning, and Mediation Services of Eastern Iowa). These are all being proposed together after several months of our groups collaborating and engaging with the TRC. We recognize that the skills and expertise of each group are interdependent and are necessary components to continue the important work of the TRC per Iowa City Council's Resolution No. 20-228. This proposal offers a community -led framework for moving at the speed of trust and building lasting and authentic relationships throughout the Truth and Reconciliation process. We seek an organic process that nurtures authenticity within the community while building our local capacity. Our teams prioritize intentional reflection and evaluation, which will provide the TRC and community partners an opportunity to improve processes/practices and gain clarity on the next phase or next steps. Phased Approach In order to co -create a framework and process that reflects intentionality, it is important to include more local partners and to have a phased approach from which to evaluate progress. We recognize that white culture normalizes and expects processes that are neat and tidy, and although this is a phased approach, we recognize from the outset that there is a lot of potential for overlap between phases that can occur and changes that will naturally arise. We propose a two -phased approach with evaluative breaks that will help determine the next strategic steps. It is our understanding that the Commission will continue working until December of 2024. Our scope and timeframe will remain the same and provide several months for the Commission to further investigate, create, and forge necessary pathways that are borne from the final recommendations. Our start date is contingent upon approval from the City Council and we are committed to starting as soon as possible. Expectations of the City & Commissioners In order to co -create a framework and process that reflects intentionality, it is also important to include suggested expectations of the City's involvement and support functions/tasks. Tasks may include, but are not limited to the following: Specific tasks include: • Facilitate Truth and Reconciliation Commission discussions and actions informing, confirming, and assessing truth -telling, fact-finding and reconciliation processes o Assist in the creation of meeting agendas, assist in keeping meetings moving forward in a productive manner and on time. • Coordinate operations of the four proposals alongside and informed by TRC, Think Peace, Kearns & West, Healing Partners, and Native Partners (e.g. host regular Team Meetings —virtual, email updates, and/or in -person); • Co -Facilitate Strategic Doing and follow-up alongside a Healing Partner (Astig Planning) to develop a strategic outline and tasks that guide the progress and work of the Commission; 37 • Co -Create Restorative Justice Practices with Native and Healing Partners; • Co -Facilitate Restorative Justice Practices with Native and Healing Partners; • Facilitate the onboarding of local partners, organizations, other entities that can bring value to the work as contractors (identified by The Team) as needed; • Facilitate the identified local partners, organizations, contractors' initial/ongoing engagement within the Commission's work(e.g. connecting local databases and entities with data to fact -finding —Kearns and West); • Coordinate logistics of identified local Truth and Reconciliation activities and events that are informed and implemented by respective Team members (e.g. Think Peace, Native Partners, Healing Partners, other local partners, organizations and/or contractors); • Report progress alongside The Team during evaluation aspects of phased approach (3 months and 4 months); • Work with The Team, city staff and leadership to further the work of the Commission as the process unfolds. • Grant Identification. Submission & Execution in order to find additional funding opportunities that will further the work of the commission. Our Scope We have followed the three charges that the TRC was given in Resolution No. 20-228: Truth - telling, Fact -Finding, and Reconciliation. We have allocated our collaborative efforts to create teams that correspond to each of these charges. Think Peace will lead the Truth -Telling Team, Kearns & West will lead the Fact -Finding Team, and the Healing/Reconciliation Partners will lead the Reconciliation Team. We also see teams as groups that can be added to/modified, and encourage TRC Commission members, city staff, local partners, and community members to see themselves as part of those teams. Here is a general outline: • Phase One (3 Months) o Education (Truth -Telling Team)""" o Iowa Healing/Reconciliation Training & Strategic Planning/ Doing Session (Reconciliation Team)*** • Begin Data Collection (Fact -Finding Team)`"` • Recommendations for moving forward (TRC + All Teams) -----Presentation to City Council and Progress Evaluation • Phase Two (4 months) o Continuation of Fact-finding (Fact-finding Team)**` o Public Truth -telling/ hearings/ private interviews (Truth -Telling Team)*** • Hosting Iowa Circles & Strategic Planning/Doing Follow-up (Reconciliation Team)""" • Recommendations for moving forward (TRC + All Teams) -----Presentation to City Council and Progress Evaluation 2 33 First Phase (3 months) This first phase spans 3 months and focuses on education of different truth and reconciliation processes, defining fact-finding categories from which to collect data locally, and provides a strategic doing session to focus the work for the second phase. All teams will collaborate with the TRC and the TRC Coordinator to co -create recommendations for the second phase. • Think Peace: o Public Educational Training: introduce key elements regarding truth and reconciliation processes and trauma -informed perspectives. Comparison of truth commission experiences in the US and abroad. o Facilitated conversation post -training focused on options for next steps: based on the analysis of the mandate of the Iowa City TRC. o Offer guidance on how to structure TRC meetings, fact-finding events and process, truth -telling events, and reconciliation events • Kearns & West: o First phase Fact Finding engagement during this phase will focus on facilitating the commission's design of the fact finding process. The specific process is likely to evolve throughout the assessment phase with discussion topics that could include defining fact finding areas and specific hypotheses, identifying a framework for data acceptability, and identifying data sources. o Strategic Advisor: Co -advising the commission and local consultant team on process design. Assuming includes participation in commission calls and standing consultant team coordinating calls. o Fact Finding Lead Commission Facilitator: In partnership with the Commission Coordinator, design agendas and facilitate commissions discussions informing, confirming, and assessing the fact finding process. o Fact Finding Data Liaison: Inform and track data requirements and any preliminary data collection. Develop a fact finding database. Support commission in developing materials and documentation as requested. • Native Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Healing/Reconciliation Partners o Assist in creating recommendations Healing/Reconciliation Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Native Partners o Strategic Doing Session to facilitate coordinated action steps for the TRC Commission Members o Assist in creating recommendations ----Presentation to Council & Progress Evaluation— 111 39 Second Phase (4 Months) This second phase spans four months and builds off of the first phase. Truth -telling and fact- finding will be a significant focus in this phase. All teams will collaborate with the TRC and the TRC Coordinator to co -create final recommendations that will be sent to the City Council. • Think Peace o Focus on truth -telling events, including meetings on ■ Types of public hearings: focused on cases, on types of situation or on institutions involved ■ Assessment of different models of public hearings according to their focus: investigative or symbolic ■ Identification of criteria to select and invite participants to the public hearings ■ Preparation of a protocol for public hearings including roles for the commissioners, public, press and participants. • Kearns & West o Second phase Fact Finding activities will focus in two areas: ■ 1) Advancing data collection, aggregation, and directed -analysis as defined by the commission; and, ■ 2) facilitating commission discussions to analyze collected information and develop their findings. o Strategic Advisor: Engage across the consultant team and with the commission as appropriate on process iteration. Assumes participation in commission calls and standing consultant team coordinating calls. o Fact Finding Lead Facilitator: In partnership with the Commission Coordinator, design agendas and facilitate commissions discussions providing fact finding updates, exploring preliminary and iterative findings, and advancing the commission's development of findings and recommendations. o Fact Finding Data Liaison: Manage fact finding database. Support commission in developing fact finding reports. Specific role to be determined in assessment phase, and may include drafting the commission's report commission review and approval along with briefing presentations as requested. • Native Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Healing/Reconciliation Partners o Assist in creating final recommendations • Healing/Reconciliation Partners o Strategic Doing Follow up - Reaching pathfinder projects that build trust and community capacity. o Iowa Healing/Reconciliation Circle Co-creation/Training with Native Partners o Assist in creating final recommendations ---Presentation to Council & Progress Evaluation & Final Recommendations-- Ell] First Phase (3 months) This first phase spans 3 months and focuses on education of different truth and reconciliation processes, defining fact-finding categories from which to collect data locally, and provides a strategic doing session to focus the work for the second phase. All teams will collaborate with the TRC and the TRC Coordinator to co -create recommendations for the second phase. • Think Peace: • Public Educational Training: introduce key elements regarding truth and reconciliation processes and trauma -informed perspectives. Comparison of truth commission experiences in the US and abroad. o Facilitated conversation post -training focused on options for next steps: based on the analysis of the mandate of the Iowa City TRC. • Offer guidance on how to structure TRC meetings, fact-finding events and process, truth -telling events, and reconciliation events • Kearns & West: o First phase Fact Finding engagement during this phase will focus on facilitating the commission's design of the fact finding process. The specific process is likely to evolve throughout the assessment phase with discussion topics that could include defining fact finding areas and specific hypotheses, identifying a framework for data acceptability, and identifying data sources. • Strategic Advisor: Co -advising the commission and local consultant team on process design. Assuming includes participation in commission calls and standing consultant team coordinating calls. • Fact Finding Lead Commission Facilitator: In partnership with the Commission Coordinator, design agendas and facilitate commissions discussions informing, confirming, and assessing the fact finding process. o Fact Finding Data Liaison: Inform and track data requirements and any preliminary data collection. Develop a fact finding database. Support commission in developing materials and documentation as requested. • Native Partners • Iowa Healing/Reconciliation Circle Co-creation/Training with Healing/Reconciliation Partners o Assist in creating recommendations • Healing/Reconciliation Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Native Partners o Strategic Doing Session to facilitate coordinated action steps for the TRC Commission Members • Assist in creating recommendations ----Presentation to Council & Progress Evaluation— 41 Second Phase (4 Months) This second phase spans four months and builds off of the first phase. Truth -telling and fact- finding will be a significant focus in this phase. All teams will collaborate with the TRC and the TRC Coordinator to co -create final recommendations that will be sent to the City Council. • Think Peace o Focus on truth -telling events, including meetings on ■ Types of public hearings: focused on cases, on types of situation or on institutions involved ■ Assessment of different models of public hearings according to their focus: investigative or symbolic ■ Identification of criteria to select and invite participants to the public hearings ■ Preparation of a protocol for public hearings including roles for the commissioners, public, press and participants. • Kearns & West o Second phase Fact Finding activities will focus in two areas: ■ 1) Advancing data collection, aggregation, and directed -analysis as defined by the commission; and, ■ 2) facilitating commission discussions to analyze collected information and develop their findings. o Strategic Advisor: Engage across the consultant team and with the commission as appropriate on process iteration. Assumes participation in commission calls and standing consultant team coordinating calls. o Fact Finding Lead Facilitator: In partnership with the Commission Coordinator, design agendas and facilitate commissions discussions providing fact finding updates, exploring preliminary and iterative findings, and advancing the commission's development of findings and recommendations. o Fact Finding Data Liaison: Manage fact finding database. Support commission in developing fact finding reports. Specific role to be determined in assessment phase, and may include drafting the commission's report commission review and approval along with briefing presentations as requested. • Native Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Healing/Reconciliation Partners o Assist in creating final recommendations Healing/Reconciliation Partners o Strategic Doing Follow up - Reaching pathfinder projects that build trust and community capacity. o Iowa Healing/Reconciliation Circle Co-creation/Training with Native Partners Assist in creating final recommendations ---Presentation to Council & Progress Evaluation & Final Recommendations— 42 Responses (February 3, 2023) City of Iowa City: Request for TRC Consultant Agreement Clarifications (January 2023) Think Peace • The proposal utilizes monthly billing rates. Please clarify if these are fixed rates (regardless of time dedicated to the project) or if they are not to exceed amounts and actual time dedicated to the project will be billed to the City at hourly rates. The proposal uses a fixed rate (USD 8800 per month) and each member of our personnel will dedicate a fixed percentage of his/her time as indicated in each line. • The proposal includes charges for a "Local facilitator". Please confirm our understanding that this position is an employee or contractor of Think Peace. Yes. This position is to be recruited and contracted locally by Think Peace to support our work with the commission, attending meetings of the commission, preparation of minutes, organizing logistics, particularly around our trips to Iowa City. • The proposal appears to indicate that one employee of Think Peace is intending to travel to Iowa City once per month for seven months. Please confirm this understanding. No. This means that Think Peace has resources for seven individual trips (tickets and accommodations for one person). They could be used, according to need, seven times with one expert each, or in a combination. We intend, subject to agreement with the TRC, to use the first visit for three of our experts, which would leave 4 other tickets to be used later, either by one individual expert each. o Are travel expenses fixed or will you bill actual travel costs incurred with these rates not to exceed amounts? No. The expenses are not fixed. We will bill actual travel costs up to these maximum amounts. o Please clarify what the 'overhead' of 7.5% is as it relates to travel. Overhead is something we are not familiar with when it comes to consulting contracts. The overhead is not related only to travel. It covers our administrative expenses for managing the project o Can you provide any scope of service description for each of the seven visits? For example, the visit in month one Think Peace will provide services that include... Visit in month 2 Think Peace intends to ...... etc. Any description of key tasks will help with the City's coordination efforts and also help make sure the TRC understands the intended progression of services being offered. First trip (three experts) to implement a training seminar on key elements of transitional justice, including comparative experiences on other truth commissions, and steps to discharge the mandate of the Iowa City TRC in the areas of truth -seeking, fact-finding and reconciliation. 43 Second trip (one expert): on the design and organization of TRC public events: this includes skills such as supporting the survivors' narratives, deep listening, restorative and healing practices, trauma sensitivity training. Trips three to five (one expert each): to continue supporting the organization of TRC events and to accompany those events as they are implemented ( for truth -telling, fact finding or reconciliation). In these trips we will help synthesize the information and data that will be collected by the TRC. Outside of the seven trips to Iowa City, will Think Peace be participating in some or all TRC meetings via remote technology? If so, please confirm the cost is captured in the proposal? Yes, and the cost is captured. Will expenses proposed by Think Peace cover time in consultant coordination meetings that take place outside of TRC meetings (weekly, bi-weekly or monthly coordination meetings in order to keep all consultants and the City in synch)? Yes, the proposed expenses cover time for those activities. Will Think Peace provide any written deliverables as part of the proposed services? The proposal has generic statements, including "introduce key elements" and "offer guidance". Please clarify what written deliverables, if any, are included in the proposal. This could include, reports, case studies, slide deck presentations, etc. Yes. We will prepare written products, including: educational materials for the training session, memos on the organization of the TRC events, including a primer on conducting truth commission hearings. Also, we will prepare a glossary on key concepts to be used in the process (about inter alia transitional justice, restorative justice, trauma healing, reconciliation, comparative experiences). Three Native Partners • Please clarify the legal entity that the City will be contracting with so we can draft the consultant agreement accordingly. We request that the city put aside this money to directly compensate each individual on an hourly basis for work completed. • The proposal includes 38 hours for each phase of work, but also references a 'monthly total'. It appears that the proposal is for two months of work (one month in each phase). Please confirm if the services to be provided are limited to two months of work with 38 hours projected in each month. We want to make sure you did not forget to include more than two months of work on the project. This is an estimate on the current proposal but that may change based on the direction of the TRC, hence the flexibility between number of hours indicated and monthly total. 44 • Please clarify if the proposal is for fixed rates (regardless of time dedicated to the project) or if they are not to exceed amounts and actual time dedicated to the project will be billed to the City at hourly rates. These are anticipated hourly rates and hours will be dependent on the direction of the TRC. This is an estimate. • No travel is indicated in the proposal. Are employees of Three Native Partners all local to the Iowa City area or are all services planned to be offered remotely? If travel is anticipated, please confirm you are not seeking any expense reimbursement. We have now included in the budget travel expenses for each of us for three round-trip visits to Iowa City, per the 2023 Federal mileage rate. • Will expenses proposed by Three Native Partners cover time in consultant coordination meetings that take place outside of TRC meetings (weekly, bi-weekly or monthly coordination meetings in order to keep all consultants and the City in synch)? We do all want to be part of the coordination meetings that take place outside the TRC meetings. Those expenses have now been added to the revised budget for the proposal. • Please describe any deliverables you intend to provide, if any? Written training guidance, draft recommendations, etc. Below is a letter describing our planned deliverables: Manape LaMere 1300 28th St Sioux City la 51104 (605}222-6254 gm.lamere(a)gmail.com 2-1-2023 To the Iowa City Truth and Reconciliation Commission, the Iowa City City Council, and the City Manager of Iowa City: We have been asked by Geoff Fruin whether we will provide the TRC with deliverables, in addition to the services and processes we propose to provide. We, Manape LaMere, Terry Medina, and Donnielle Wanatee, will be providing written guidance for providing talking circles. The guidance will be based on circles we will be offering to the community, as the TRC requests. This guidance can be used in teaching local community members to provide circles ongoingly, so people in the community and the community itself benefit from experiencing circles. 45 The development of the deliverables will take up to 30 hours apiece. We will submit based on our actual worktime, not to exceed 90 hours total. Manape LaMere Healing Partners Team • Please confirm that the 'Healing Partners Team' and 'Healing/Reconciliation Partners' as referenced in the proposal are the same group. YES • Please confirm the legal entity that the City will be contracting with for the Healing Partners. There will be two: Astig Planning and Mediation Services of Eastern Iowa • Please describe the anticipated role and compensation for Banjo Knits as noted on page one of the proposal. There is a possible conflict of interest with State law that needs to be reviewed. There is not going to be any financial compensation. Banjo Knits is not contracted, only included in the document as a reference for Angie Jordan as a resident who has been integral in creating this proposal. • Please resubmit your spreadsheet without any reference to the TRC Coordinator as this is intended to be a City position and not an employee of the Healing Partners as the City understands it. Took that out to simplify it • The Phase 1 total cost and Phase 2 total cost do not add correctly to the "total total" line. Please review and confirm individual phase(s) and total expenditures. Should be clearer, now fixed. • Please describe the purpose of the $10,OOD for "Local Groups" and confirm that Healing Partners will pay these expenses independent of any City involvement. Local Groups are our community partners that are facilitators/conveners/experts in their field that can assist with the TRC process and be compensated for their time and resources. Some examples include, Black Voices Project, Center for Worker Justice, and Emprendimiento Latino 5M. • Does the proposal suggest that Mediation Services of Eastern Iowa will not charge for participation in TRC meetings or Strategic Doing Sessions? ("AT" on spreadsheet)? Correct. This is an in -kind donation that we wanted to make note of. 46 • Two City Council presentations are noted in the spreadsheet. Please confirm these presentations align with the end of Phase 1 and the end of Phase 2 in the written narrative. Will these presentations first be provided to the TRC or just the City Council? Also, please describe the nature of these presentations —written deliverables, PowerPoint presentations, etc. These presentations are at the end of each phase and will be presented to the City Council. They will be co -created with the TRC and in PowerPoint format. • Will Healing Partners be responsible for gathering and vetting suggestions for recommendations from other consultants? Both Native Partners and Healing Partners have "assist in creating recommendations" in their proposed scope. We are unsure if these are a part of the Council presentations or who the consultants will be assisting in the development of recommendations. All consulting partners will be involved with the creation of the recommendations as developed by TRC commissioners. These recommendations will then be communicated to City Council in the end -of -phase presentations. • Will expenses proposed by Healing Partners cover time in consultant coordination meetings that take place outside of TRC meetings (weekly, bi-weekly or monthly coordination meetings in order to keep all consultants and the City in synch) We did not initially include adequate hours to cover coordination meetings. We have now increased that from 8 hours to 20 hours per consultant (Astig Planning, Mediation Services of Eastern Iowa) • Are rates on spreadsheets fixed or not -to -exceed with actual billing being based on hours spent on the project? These are anticipated expenses. We are working within a process that is currently unprecedented in our community and cannot anticipate all changes. However, we agree to a 'not to exceed above 10% of estimated expenses' clause in our contracts. Kearns and West • Please clarify the Community Researcher role. This is listed separate from Kearns and West in the summary cost allocation table, but it appears to be within the consultant's individual proposal. Is it the same as Fact finding Data Liaison / Coordinator? Is the position employed by Kearns and West? The cost indicates an 'estimated $50/hr'. Why is this estimated and not firm? The Community Researcher role is designed to be staffed independently of our firm by a member of the Iowa City community —perhaps a student at the University of Iowa or other nearby college —and would assist our team in coordinating fact-finding work that is best done via in -person data collection. Fact Finding Data Liaison is a role we anticipate filling within our team at Kearns & West, alongside facilitation and strategic advising. Kearns & West has experience recruiting liaisons from the community if it is helpful for our firm to assist in that 47 way on this project. To clarify, we have not budgeted any funds for this role —our proposal reflects our thought as to how such a role might be structured and compensated. • The spreadsheet anticipates every other week TRC meeting schedules. The TRC meets twice a month. Please revise the proposal as needed. We have adjusted our assumptions as you describe; we have kept the level of effort the same in order to have enough resources for 3-5 extra meetings, as we anticipate the TRC may shift its meeting schedule or may identify meeting needs. We want to ensure that the budget can accommodate the extra meetings we typically see from our experience in comparable projects. • Are rates on spreadsheets fixed or not -to -exceed with actual billing being based on hours spent on the project? K&W rates are hours, and we will bill time and expenses as actual / not to exceed contracted levels without approval. If the work takes less time, we will spend/invoice fewer hours. We are intending a "Time and Materials" type contract. • Will expenses proposed by Kearns and West cover time in consultant coordination meetings that take place outside of TRC meetings (weekly, bi-weekly or monthly coordination meetings in order to keep all consultants and the City in synch) Yes, we have budgeted for such consultant coordination meetings. • Please specify any deliverables you intend to provide based on the proposed scope of services. This could include reports, presentations, case studies, databases, etc. We intend to work alongside TRC members to produce a report of the work completed in our fact-finding role; we are open to assisting the TRC with other representations of that work, whether in the form of case studies, databases, or the like. We anticipate that we would play an advisory and/or editing role in tandem with the TRC should those other forms of reporting be desired. During the first phase of its work with us, we expect the TRC will identify deliverables they will undertake, and in that discussion, our team will work with the TRC to determine how best to support the TRC in producing their deliverables. As part of our work, we intend to provide the TRC with a summary of findings during the fact-finding phase, along with unabridged versions of the data we collect during the fact-finding phase. • The proposal reads "may include drafting the commission's report commission review and approval with briefing presentations as requested" Please clarify exactly what you are proposing for reports and presentations for the cost structure you have provided. We anticipate spending significant time working with the TRC, as they direct, on its final report, providing content based on our work facilitating on the TRC's behalf and completing the fact-finding portion. Our expectation is that TRC members will take the lead role in drafting their own report, with our assistance as editor, advisor, and provider of information from the TRC's meetings, fact-finding research, and events. Should a presentation be requested, Kearns & West can arrange to participate virtually or in -person if remaining budget will allow for travel to a meeting. 48 • Please confirm that you intend to bill the City 50% of your time for travel time in addition to travel expenses. Are travel expenses fixed or not to exceed based on actual travel expenses incurred? Kearns & West bills for M of the time it takes for us to travel from our offices to a client site. Travel expenses are billed as actual travel expenses incurred; the budget reflects our best estimates based on a review of per diem rates and flight booking websites. Should we discover that these expenses have shifted, we intend to inform the City in advance of any subsequent invoice and will get approval for any anticipated costs over budget prior to incurring them. Eli] 1$419,885.831 in support of other local groups that step forward throughout the process Includes$2200 for Local Facilitator (part lime) 6111 Think Peace (Truth Telling) Time allocation - monthly expenses (PER MONTH) Project manager and senior facilitator - Gonzalez Senior facilitator - Ragland Senior facilitator - Spaulding Senior facilitator - Rausch Senior facilitator - Pentikainen Program Associate - Kitchen Local facilitator Sub total time allocation Overhead (7.5%) Sub total time allocation with overhead Travel expenses (PER TRIP) Air travel to Iowa City Hotel accommodation per night Perdiem Sub total time allocation Overhead (7.5%) Sub total time allocation with overhead Monthly Total Phase One Total Unit Cost Unit (month) Percentage Total $8.800.00 1 25% $8,800.00 1 25% $8,800.00 1 25% $8,800.00 1 10% $8,800.00 1 10% $4,400.00 1 20% $4,400.00 1 50% Unit Cost Unit Subtotal $700.00 1 $700.00 $100.00 4 $400.00 $60.00 4 $240.00 $1,340.00 0 $100.50 0 $1,440.50 $13,73B.50 $41,215.50 Phase Two 114 Months $54,954.00 To?$96,169.i6l $2,200.00 $2,200.00 $2,200.00 $880.00 $880.00 $880.00 $2,200.00 $11,440.00 $858.00 $12,298.00 51 August 1-November) 13 weeks Total Hours Assumpt Role Liaison) The items Patel $59.00 Task 1: Team Coordination, Project Mana ement, Strategic Consultation 1.a: Kickoff call (Phase 1 Kickoff Call with Client) 4 q Participati Task 1 total hours 4 4 Task 1 total labor $200.00 $200.00 Total - Task 1 $200.00 Task 2: TRC Activities & Fact Finding Facilitation 2.c TRC Meeting Participation + Planning, 4.5 4.5 Includes Task 2 total hours 4.5 4.5 Task 2 total labor $225.00 $225.00 Total - Task 2 $225.00 Task 3: Fact -Finding Data Liaison 3.a Phase 1 Fact Finding Database Configuration 16 Includes 3.b Phase 1 Preliminary Fact Finding to inform / 40 Assumes Task 3 total hours 56 56 Task 3 total labor $2,800.00 $2,800.00 Total - Task 3 $2,800.00 Total Hours for all Tasks 64.5 64.5 Total Labor for all Tasks $3,225.00 $3,225.00 olal labor $3,235.00 GRAND TOTAL 1 $3,225.00 $$225:00i Phase Two $3,225.00 Rate $50.00 Task 1: Team Coordination, Project Mana ement, Strategic is Consultation 1.a: Kickoff call (Phase 2 Kickoff Call with Client) 4 q Participati 1.1b: Team Coordination & Project Management 18 18 Assumes Management 56 56 Assumes Task 1 total hours 78 78 Task l total labor $3,900.00 $3,900.00 Total - Task 1 $3,900.00 Task 2: TRC Activities & Fact Finding Facilitation 2.a Fact Finding Process Updates & Management 12 12 Assumes 2.b TRC Meeting Participation + Planning, 35.5 35.5 Includes Task 2 total hours 47.5 - 47.5 Task 2 total labor $2,375.00 $2,375.00 Total - Task 2 $2,375.00 Task 3: Fact -Finding Data Liaison 3.a Phase 2 Fact Finding Database Management 16 Includes 3.b Phase 2 Fact Finding Coordination / Fact 280 Assumes Task 3 total hours 296 296 Task 3 total labor $14,800.00 $14,800.00 Total - Task 3 $14,800.00 Total Hours for all Tasks 421.5 421.5 Totai Labor for all Tasks $21,075.00 $21,075.00 TeU labor1 $21,075.00 GRAND TOTAL $21,075.00 $21,075.00 Total Total $24 §00.00' Total at an estimated $50/hour $21,075.00 52 Rnms and was Fact Flndlnel Aspect 1-larval l (tl sa l arklillaborl Asaume8ona Role Ponupal Fu ililalol gssopala Male 9 36500 - due 9150.00 Task l: Team Coordinates Rraleat Manacam.Pf, Bbalagis broadsides k1h Carl) 6 q 0WA.p- 90sri nine maker, foaled Management 2 19 I9eslnour par week 0l Ic: BaaNgmuntl fleuarcb 0 12 12rountl researtM1 including Adaptive Management 0 52 52es prep, pa'11.,as. antl ManationalI Rewmrentia ens lot 0 6 0es 8 hours cl conSulamon Task itmel nours 2 95 83Task l had le Mr $57000 $19,d2500 S12g50.0Tmal'Trial Task 2: TRC Ac6vNw 8 Fact feel Faoflifa0on 2 a Fst Find no Pmmss Design L Rnebng 1 8 12 21 Prepere,posordo,prool the fad finding process including key dadsion points and benchmmk aNviBes. pull to 2.b Fact Finding Soma 6 YVmk Plan 1 16 24 dl Follow;ng TRC Input deveWp Fad Feeding cM1Mer / work plan cueing keymaslians lot IN TRC to wnbrm to romps and Inlmm Fad Polegmeepech. 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Faciliteron, and Summary of MeeOngs or Meeting S Meganenld dedicated to Fact Finding seeping. 0 M5 35.5 21 Induces paNapaeon In l TRC mee0ngsa125 Mars per me e0ng)cover, ollmr wel Including pre-maerng learn mordinatem and post -marling sal 8me career as needed) Includes mom rabust summon far Fact Finding gWa9topics, an command 6 hours Task 2 total hours 2 595 T15 1331ass Task 2man labor 151 $1219250 SI0,72500 f23,d9250 Trial - Task 2 S20,492.50 Tsui Noun for all Tasks 1 1545 1505 313 Tent bbor for all Tasks S1, I4000 $31672 go $23.17500 $55,987.50 Tout Isbor $55,987 W Travel Adam to owe City $ S 350 00 s35000 S70000', Hotel (2 nights) 5 s 192M S 19MI S W00 Per0lem lmechaniciaematsl s S 14250 $ 141.So S 295.00 iraveltime )billed a150%ol total s illiciM S 97500 1�1 auerD;rmtcosls S 20000 6 2W 00 nanmmr mrrk. t � � xwx mlartravel calls S paxnxxa xa a wumfmwAssumeslhma N tape far faea- nxnxorarav- In?gb.00 tM,980.80 s2a,s56.w 18T,bgT.O Inc.. T.. 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Inmate, main robust sudden for Fad Finding chemicallopiu. usual an addibona' 6 Fours Task 21mel hall 1 0.5 q25 92 Task 2lalef had— 128fil $8,917.64 fp125.00 f16,36T.68 Tobl-Task 2 116,I27.510 Trust Houn for all Tasks 3 122.5 1335 31, Tsui Ube, bran Task, $85500 1.50 $2002500 $57267 R petal Saber $57.21 Trawl Aldxe to Iowa City 5 S 35666 5 3500 S 100.0'. Hotel (2 nights) S S 19260 5 19200 $ 381.09 Per Diem(recon{midenlals) S $ 14150 5 W50 $ n5.00 Travel bane bled a150% of)mall $ modrayme S 97500 oamr birenCosls s 20000 S 20000 rnntodl brnl Tanta S g,,, ppppµp Talc parm poses 5 p x xu Assumes four mama far )nits TOTAL Nss.00 Su,ns.m S26,w3a0 n2Aln 53 Native Partners Iowa Healing/Reconciliation Circle Menape T Donielle $125.00 $125.00 $125.00 Co-creation/Training 30 30 30 Internal Meetings/Coordination meetings 20 20 20 TRC Meetings 25 25 25 Sub -total Hours 75 75 75 Sub -total rate hours $9,375.00 $9,375.00 $9,375.00 Travel Reimbursement per City Sioux City Sioux City Des Moines ($0.655/mi1e) Subtotal per Trip $381.21 $381.21 157.2 Travel Reimbursement Total (4 Trips) $1,524.84 $1,524.84 $628.80 Phase One Subtotals $11,006.21 $11,006.21 $10,782.20 Phase One Total Combined Final Recommendations Hours Final Recommendations Total Phase Two Total with Recommendations ♦Total Total $32,794.62 10 10 10 $1,250.00 $1,250.00 $1,250.00 $36,544.62 $81,605.45 54 AT VFO Healing Partners (Reconciliation) $85.00 $85.00 Iowa Healing/Reconciliation Circle Co- creation/Training 20 20 Internal Meetings 20 20 Facilitation with Community Healing Partners 30 30 TRC Meetings Non-payment 14 Sub -total Hours 70 84 Sub -total rate hours $5,950.00 $7,140.00 Monthly Total $13,090.00 Groups) $45,220.00 Not Monthly Expenses: City Council Presentations (2) 5 5 Final Recommendations 10 10 Strategic Doing Session Non-payment 40 Sub -total Hours 15 55 Sub -total rate hours $1,275.00 $4,675.00 Total $5,950.00 $52,360.00 Local Groups presentations and 30 hours of Final Phase Two Total (4 months) $56,185.00 Recommendations _$108,545A.0� Proposal Summary This proposal is actually a set of four proposals from four different groups: Think Peace, Kearns and West, Three Native Partners, and the Healing Partners Team (Banjo Knits Empowerment, Astig Planning, and Mediation Services of Eastern Iowa). These are all being proposed together after several months of our groups collaborating and engaging with the TRC. We recognize that the skills and expertise of each group are interdependent and are necessary components to continue the important work of the TRC per Iowa City Council's Resolution No. 20-228. This proposal offers a community -led framework for moving at the speed of trust and building lasting and authentic relationships throughout the Truth and Reconciliation process. We seek an organic process that nurtures authenticity within the community while building our local capacity. Our teams prioritize intentional reflection and evaluation, which will provide the TRC and community partners an opportunity to improve processes/practices and gain clarity on the next phase or next steps. Phased Approach In order to co -create a framework and process that reflects intentionality, it is important to include more local partners and to have a phased approach from which to evaluate progress. We recognize that white culture normalizes and expects processes that are neat and tidy, and although this is a phased approach, we recognize from the outset that there is a lot of potential for overlap between phases that can occur and changes that will naturally arise. We propose a two -phased approach with evaluative breaks that will help determine the next strategic steps. It is our understanding that the Commission will continue working until December of 2024. Our scope and timeframe will remain the same and provide several months for the Commission to further investigate, create, and forge necessary pathways that are borne from the final recommendations. Our start date is contingent upon approval from the City Council and we are committed to starting as soon as possible. Expectations of the City & Commissioners In order to co -create a framework and process that reflects intentionality, it is also important to include suggested expectations of the City's involvement and support functions/tasks. Tasks may include, but are not limited to the following: Specific tasks include: Facilitate Truth and Reconciliation Commission discussions and actions informing, confirming, and assessing truth -telling, fact-finding and reconciliation processes o Assist in the creation of meeting agendas, assist in keeping meetings moving forward in a productive manner and on time. Coordinate operations of the four proposals alongside and informed by TRC, Think Peace, Kearns & West, Healing Partners, and Native Partners (e.g. host regular Team Meetings —virtual, email updates, and/or in -person); Co -Facilitate Strategic Doing and follow-up alongside a Healing Partner (Astig Planning) to develop a strategic outline and tasks that guide the progress and work of the Commission; • Co -Create Restorative Justice Practices with Native and Healing Partners; • Co -Facilitate Restorative Justice Practices with Native and Healing Partners; • Facilitate the onboarding of local partners, organizations, other entities that can bring value to the work as contractors (identified by The Team) as needed; • Facilitate the identified local partners, organizations, contractors' initial/ongoing engagement within the Commission's work(e.g. connecting local databases and entities with data to fact -finding —Kearns and West); • Coordinate logistics of identified local Truth and Reconciliation activities and events that are informed and implemented by respective Team members (e.g. Think Peace, Native Partners, Healing Partners, other local partners, organizations and/or contractors); • Report progress alongside The Team during evaluation aspects of phased approach (3 months and 4 months); • Work with The Team, city staff and leadership to further the work of the Commission as the process unfolds. • Grant Identification, Submission & Execution in order to find additional funding opportunities that will further the work of the commission. Our Scope We have followed the three charges that the TRC was given in Resolution No. 20-228: Truth - telling, Fact -Finding, and Reconciliation. We have allocated our collaborative efforts to create teams that correspond to each of these charges. Think Peace will lead the Truth -Telling Team, Kearns & West will lead the Fact -Finding Team, and the Healing/Reconciliation Partners will lead the Reconciliation Team. We also see teams as groups that can be added to/modified, and encourage TRC Commission members, city staff, local partners, and community members to see themselves as part of those teams. Here is a general outline: • Phase One (3 Months) o Education (Truth -Telling Team)*** • Iowa Healing/Reconciliation Training & Strategic Planning/ Doing Session (Reconciliation Team)*** o Begin Data Collection (Fact -Finding Team)*** o Recommendations for moving forward (TRC + All Teams) ------Presentation to City Council and Progress Evaluation Phase Two (4 months) • Continuation of Fact-finding (Fact-finding Team)*** o Public Truth -telling/ hearings/ private interviews (Truth -Telling Team)*** o Hosting Iowa Circles & Strategic Planning/Doing Follow-up (Reconciliation Team)*** o Recommendations for moving forward (TRC + All Teams) ------Presentation to City Council and Progress Evaluation 2 First Phase (3 months) This first phase spans 3 months and focuses on education of different truth and reconciliation processes, defining fact-finding categories from which to collect data locally, and provides a strategic doing session to focus the work for the second phase. All teams will collaborate with the TRC and the TRC Coordinator to co -create recommendations for the second phase. • Think Peace: • Public Educational Training: introduce key elements regarding truth and reconciliation processes and trauma -informed perspectives. Comparison of truth commission experiences in the US and abroad. o Facilitated conversation post -training focused on options for next steps: based on the analysis of the mandate of the Iowa City TRC. • Offer guidance on how to structure TRC meetings, fact-finding events and process, truth -telling events, and reconciliation events • Kearns & West: o First phase Fact Finding engagement during this phase will focus on facilitating the commission's design of the fact finding process. The specific process is likely to evolve throughout the assessment phase with discussion topics that could include defining fact finding areas and specific hypotheses, identifying a framework for data acceptability, and identifying data sources. • Strategic Advisor: Co -advising the commission and local consultant team on process design. Assuming includes participation in commission calls and standing consultant team coordinating calls. • Fact Finding Lead Commission Facilitator: In partnership with the Commission Coordinator, design agendas and facilitate commissions discussions informing, confirming, and assessing the fact finding process. o Fact Finding Data Liaison: Inform and track data requirements and any preliminary data collection. Develop a fact finding database. Support commission in developing materials and documentation as requested. • Native Partners • Iowa Healing/Reconciliation Circle Co-creation/Training with Healing/Reconciliation Partners o Assist in creating recommendations • Healing/Reconciliation Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Native Partners o Strategic Doing Session to facilitate coordinated action steps for the TRC Commission Members • Assist in creating recommendations ----Presentation to Council & Progress Evaluation— Second Phase (4 Months) This second phase spans four months and builds off of the first phase. Truth -telling and fact- finding will be a significant focus in this phase. All teams will collaborate with the TRC and the TRC Coordinator to co -create final recommendations that will be sent to the City Council. • Think Peace o Focus on truth -telling events, including meetings on ■ Types of public hearings: focused on cases, on types of situation or on institutions involved ■ Assessment of different models of public hearings according to their focus: investigative or symbolic ■ Identification of criteria to select and invite participants to the public hearings ■ Preparation of a protocol for public hearings including roles for the commissioners, public, press and participants. • Kearns & West o Second phase Fact Finding activities will focus in two areas: ■ 1) Advancing data collection, aggregation, and directed -analysis as defined by the commission; and, ■ 2) facilitating commission discussions to analyze collected information and develop their findings. o Strategic Advisor: Engage across the consultant team and with the commission as appropriate on process iteration. Assumes participation in commission calls and standing consultant team coordinating calls. o Fact Finding Lead Facilitator: In partnership with the Commission Coordinator, design agendas and facilitate commissions discussions providing fact finding updates, exploring preliminary and iterative findings, and advancing the commission's development of findings and recommendations. o Fact Finding Data Liaison: Manage fact finding database. Support commission in developing fact finding reports. Specific role to be determined in assessment phase, and may include drafting the commission's report commission review and approval along with briefing presentations as requested. • Native Partners o Iowa Healing/Reconciliation Circle Co-creation/Training with Healing/Reconciliation Partners o Assist in creating final recommendations Healing/Reconciliation Partners o Strategic Doing Follow up - Reaching pathfinder projects that build trust and community capacity. o Iowa Healing/Reconciliation Circle Co-creation/Training with Native Partners Assist in creating final recommendations ---Presentation to Council & Progress Evaluation & Final Recommendations— I-V PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION To sign onto this letter, fill out the form at httns://forms.gle/63454LXtUYG7zrs4A January 24,2023 Barbara Wilson, PhD President, University of Iowa presidentiu>,uiowa.edu Brooks Jackson, MD, MBA Dean, Carver College of Medicine Brooks -Jackson a)uiowa.edu Edith A. Parker, MPH, DrPH Dean, College of Public Health Edith-parkerLauiowa.edu Sara Sanders, PhD Dean, College of Liberal Arts and Sciences Sara- sanders(a)uiowa.edu Liz Tovar, PhD Executive Officer & Associate Vice President of Diversity, Equity, and Inclusion Elizabeth-tovar(a)uiowa.edu Dear President Wilson, Dean J. Brooks, Dean Parker, Dean Sanders, & Executive Officer Tovar: We, the undersigned, are uniting to express serious concern about Facebook comments made by a tenured faculty member of 28 years, Clarence "Clare" Kreiter, professor of Family Medicine at the Carver College of Medicine. As shown below in Exhibit 1-Exhibit 2, Professor Kreiter made public, racially biased comments in response to an event held during UI's Martin Luther King Jr. Celebration of Human Rights Week on Wednesday, January 18', 2023, around 2 pm. It was disheartening to see the public comments made by Professor Kreiter. As faculty, students, and staff who care about the well-being of our UI community with the broader goals of diversity, equity, and inclusion, we write to demand an immediate suspension, public apology, and formal investigation as outlined in Operations Manual chapters 3.3 - 3.6 on Human Rights. We believe Professor Kreiter's actions to be a breach of the following policies included in the University of Iowa Staff Operations Manual: 56 PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION To sign onto this letter, fill out the form at httns://forms.gle/63454LXtUYG7zrs4A VIOLATION 1: (16.2) "Staff members will adhere to ethical standards of professional conduct and act in a manner consistent with the University's mission and core values for excellence, learning, community, diversity, integrity, respect, and responsibility" VIOLATION 2: (8.2) "The University of Iowa values diversity among students, faculty, and staff, and regards equal employment opportunity and affirmative action as tools to achieve diversity. The University believes that a rich diversity of people and the many points of view they bring serve to enhance the quality of the educational experience at The University of Iowa." For context of the event, the documentary Justus was produced from inside an Iowa prison by Cedric Theus and Maya Ben-Shahar to highlight the efforts of prisoners, ex -prisoners, and activists in reforming the criminal justice system and ending the racial disparity in sending Black Americans to prison in Iowa. A flyer from the event held at Boyd Law building quoted Cedric Theus, "This is the story of my community and what we're doing to help solve Iowa's incarceration problem." On the JustUs Facebook pave, Prof. Kreiter's first comment (removed as of January 20) offered his opinion on addressing bias in incarceration in Exhibit 1, "we must first be honest about group difference in behavior repertoires." In response to comments made by the JustUs Documentary page, Kreiter further suggested that the disparities in the criminal justice system are caused by individual actions, alluding to Black and Brown individuals needing "civics lessons on appropriate interactions with law enforcement" to "[take] responsibility for behavior." 57 PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION To sign onto this letter, fill out the form at httns://forms.gle/63454LXtUYG7zrs4A The page's admin rightfully asked Kreiter if he concluded that by watching the film and/or through personal experience. This question was ignored by Kreiter, suggesting a lack of willingness to acknowledge the lived experiences of Black and Brown individuals as evidence against his claim which baselessly places blame upon victims, rather than perpetrators of racist behavior. "When there is no justice, there is JustUs. "-Cedric B. Theus However, this post is not the first time Professor Kreiter has made discriminatory remarks on this public platform. On his publicly accessible Facebook profile lists credentials as current professor at The University of Iowa, with a long history of offensive posts. On August 3l ', 2020 (Exhibit 4), he stated "tomorrow's lesson will be on generalizing from small biased sensationalized samples," with an infographic by Nature - one of the world's most cited scientific journals - with which he appears to disagree without the basis of supporting evidence. In another post from September 241, 2020 (Exhibit 5), he wrote, "it takes a minimum amount of intelligence to figure out and cooperate with legal structures that keep us civilized," once again placing the blame for police brutality on innocent Black and Brown individuals as well as making the heinous claim that said individuals are "uncivilized." These are only a few of the many past examples of Prof. Kreiter expressing hateful, discriminatory sentiments on his Facebook profile that can be viewed without adding him as a friend. Furthermore, he publicly lists himself as a faculty member of The University of Iowa, an institution that claims to not standby harmful comments that Professor Kreiter has posted for several years, i.e., "University of Iowa condemns Trump order against diversity training" 58 PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION To sign onto this letter, fill out the form at httns://forms.gie/63454LXtUYG7zrs4A published October 8, 2020, on the Daily Iowan. Further evidence of discriminatory rhetoric is documented below in Exhibit 6-Exhibit 7. In addition to public remarks on Facebook, a 2018 opinion article in Iowa City Press - Citizen, "Understanding discrimination and the suppression of free speech in academia," further reveals his opinions on the exclusion of race -related data in most research studies in the educational psychology field. He argues that race is an "innate factor... that might explain and address the variation in learning and achievement across groups," and that "if we insist every racial group must be equal in all quantitate and qualitative aspects of their identity, then in everything where real differences exit, we will see prejudice and injustice." Kreiter does not provide data in this article to support these claims that academic achievement stems from inherent biological differences between individuals of different races. Rather, he claims that his point of view is intentionally suppressed by "accusations of racism." The harrowing language of this statement clearly reflects eugenics philosophy, as the Professor of Family Medicine is suggesting the inherent academic inferiority of individuals of color. This calls into question how he might treat students of color in his own classrooms, how he might educate his students to treat others, and what kind of language he might use in his official position as a professor at the University of Iowa. Even more concerning is the fact that he is easily identifiable as an authority figure, subjecting him to university policy in his personal life. It is ironic that Professor Kreiter chose to post these hateful remarks during an event celebrated in memory of Dr. King —as he campaigned for anti -discrimination, equal rights, and abolition during the civil rights movement in the 1950-60s through non-violent civil discourse. 59 PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION To sign onto this letter, fill out the form at httns://forms.gle/63454LXtUYG7zrs4A These comments felt purposeful and planned to directly combat the messages of Dr. King, a man whose birthday week is celebrated each year at the University of Iowa as a prized tradition since 1969. "The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy". -Martin Luther King Jr. Considering Professor Kreiter's pattern of discriminatory actions and rhetoric on both his public Facebook page, 2018 article and research —we write to demand an immediate suspension, public apology, and formal investigation of a breach of the Operations Manual as we deem Kreiter in violation of "respect[ing] the diversity of individuals in the workplace and... the differences among them." As educated students, we are cautioned to be careful of online language and behavior. It is reasonable to expect our professors held to the same standards. This is especially true in the medical profession, as professors influence future professionals as they start their careers in an increasingly globalized, racially diverse world. With these issues in mind, we respectfully reach out to you with our concerns about Professor Kreiter and demand action be taken. Consider this letter as an opportunity to unify in publicly condemning the questionable comment by Prof. Kreiter to conclude Unity Week 2023. Signed respectfully, Coalition to Abolish Prison Slavery (CAPS) at UT (Author) Iowa.caps(a s4mail.com Change U-Iowa English (Co -Author) 60 PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION To sign onto this letter, fill out the form at httns://forms.2]e/63454LXtUYG7zrs4A changeuiowaenglish(dgmail.com Corridor Community Action Network Katelyn Winkler Grace Culbertson April Bannister Harley Upshaw Hannah Franke AJ Chowdhury Estella Ruhrer Johnson Emma Pech Meghan McCray 61 PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION To sign onto this letter, fill out the form at httns://foi-ms.:!ie/63454LXtUYG7zrs4A ATTACHED EVIDENCE: 10:251 .d ? 0 Justus Documentary ... Ja 1 screening and discussion held at be Boyd Law Building Auddarium in Iowa City, IA 5224. - On Thursday Janwry 19th at ]PM the JurtUs screening will Ce held at 200 Main St, Dubuque, IA 52001. Hope to see you guys there! ay Like p comment A share 01 Most relevant clenxreile. must racial honest about gin Incarceration we must fast be Honest s. Re group difference i In CQM1avigin Ind cause FBseORhpLlsas On beoriginandcauseof toffsdisparity of effec cus those whovely am oved negatively imp hied and from base war are o affect change. live impacted cal s and mart probllikelyem msimpl<by shad We Canis solve the pamlem simply er ahapbrie racism. ah Like Reply � JustUs Documentary ... xA problem slmpy by snou ing racism. 13 Likc nepiy e Did see that you see the solve tilm? e l one was saying bat we could solve me problem fby ormerly snapper racism. The film shows formeriy incarcerated AfrBraun Ameuighmworking b reduce Incarceration 1M1rrugM1 menbrship, community organizations tinat address grief anal trauma, political engagement.. Sn Like Reply 10 , JwtOe Documentary Hox did you come t0 this conclusion? Through personal experience? The film documents lived experiences of dysfuretional sentencing in Iowa - for example be felony murder merger doctrine deemed unconstitutional in State vs Heemstra, bill some people are still locked up because of it p 5h Like Rady y M. Rreiter Justus Documentary really appreciate the message - any initiative that promotes taking responsibility for behavior is good! I think civics lessons n appropriate Interactions with law enforcement aM educating on why law and order advances civilization is Exhibit 1 Exhibit 2 62 PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION To sign onto this letter, fill out the form at httns://foi-ms.l!le/63454LXtUYG7zrs4A 5:57: Rill F O JustUs Documentary eee as 0 State is Heemstrz, but some people are still locked up because of it AT Like Reply CIRroKroitar JustUs Documentary realty appreciate the message - any initiative; that promotes taking responsibil" for behavior is good! I think civics lessons on appropriate interactions with law enforcement and educating on why low and order advances civilization is maybe the most promising in this category. 5h Like Reply - Wrlteareplq.. OMaya Ben-5hahar It would make sense to watch the film before commenting on the page! Free to stream on Tubi (i 5h Like Reply 4 Clam Kreaer Maya Ben-Shahar 5h Like Reply Wr W . reply.,. Write a reply... Write a comment... Q GIF O 10 o C9 a 4- Q search Posts Photos 10 Clare Knefter e•e Aug 31, 2020.0 Tomorrow's lesson will be on generalizing from small biased sensationalized samples. Of Clare Kreiter Jun 14.2020 0 Lessons in covariate analysis: The first horizontal histogram provides a statistical interlude on covariate analysis. Question: The data suggests men are being unfairly targeted by police! True or False Ill- Intl: pm Dom me elarel, Irl pri Ael . , .L,o- ro,!"A Shirt,ervee m he oumeer em,em 1,165 eel3RN S. R a 12 02-3 lilN 0.5 E>5 INBaUNCES In UNNIC OROIle:4 wee whey,, hewhi INr el Exhibit 3 Exhibit 4 63 PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION To sign onto this letter, fill out the form at httns://forms.l!ie/63454LXtUYG7zrs4A 4- Q Search Posts Photos Clam limiter ••• sea 24, 2020 o A functional western democracy requires a minimum understanding of the principles of law. Once a significant proportion of the population does not possess, or is incapable of understanding these principles, you will witness events like those happening in Louisville and happened in Minneapolis. Democracy doesn't take hold in countries that fall below a certain intellectual threshold. Richard Lynn's work on national IQ and GNP and the quality of national institutional structure show a relationship that is remarkably robust. It takes a minimum amount of intelligence to figure out and cooperate with legal structures that keep us civilized. I do wonder if we are getting close to the minimum threshold. 01 3 6 comments W Like Gj share IfClare KreKer Sep 24, 2020 O Given the forecast that day, it would have been a reasonable decision to go out for a ride. Bicyclists of Iowa City Join Susan Gingerich Sep 23, 2020 O Rode the Hoover Trail from Ely to New Bo today. Had to stop and remember the biker who had his last ride on this trail during the derecho. 4- Q Search Posts Photos U use W arere OfClam Kmiler ••• Mar 19, 2021 0 Monitoring speech on our campus has worked pretty well. I mean honestly, I don't know anyone who feels comfortable expressing an... See nmre e Clare Kreiter Feb 25, 2021 0 A STEM evennt rl�A[a a Exhibit 5 Exhibit 6 64 PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION To sign onto this letter, fill out the form at httns://forms.hle/63454LXtUYG7zrs4A Posts Photos starkrealit les. substack. com How NATO Empire -Building Set the Stage for Crisis Over Ukraine 91 3 comment Like �, Share IfClara KrakBr ••• Feb 26, 2022 O Exhibit 7 Wright House WORKSHOPS AND PROGRAMS M. We empower under -served students through the arts and science, teaching them skills in graphic design, fashion design, and entrepreneurship. Graphic Design 101 START: March 1st END: March 22nd This is a beginner month -long class to get youth inspired in graphic design. Each student will have four weeks to learn essential tools in graphic design to become a designer. 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