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HomeMy WebLinkAbout04-06-2023 Ad Hoc Truth and Reconciliation CommissionAd Hoc Truth and Reconciliation Commission Agenda Thursday, April 6, 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 https://us06web.zoom.us/webinar/register/WN cMlaaV6cTxGw0IWu2-hFHg I D: 867 2424 8095 Third Thursday Meetings https://us06web.zoom.us/webinar/register/WN ICII811PSRo1uOXPIL-1Ew ID: 895 3695 0485 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 MARCH 2, 2023 4. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA (TRC MEMBERS SHALL NOT ENGAGE IN DISCUSSION WITH THE PUBLIC CONCERNING SAID ITEMS) 5. PRESENTATION ON ARPA FUNDS FOR INCLUSIVE ECONOMIC DEVELOPMENT 6. FACILITATOR SERVICES PROPOSAL AND CONTRACT 7. CORRESPONDENCE 8. ICCSD ELEMENTARY SCHOOL PERFORMANCE INCIDENT UPDATES 9. ANNOUNCEMENTS OF COMMISSIONERS/STAFF (TRC MEMBERS SHALL NOT ENGAGE IN DISCUSSION WITH ONE ANOTHER CONCERNING SAID ANNOUNCEMENTS) 10. ADJOURNMENT MEETING PACKET CONTENTS: 1. NATIVE AMERICAN LAND ACKNOWLEDGMENT 2. DRAFT MEETING MINUTES (MARCH 2, 2023) 3. RESOLUTION 20-288 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. March 2, 2023 Draft Ad Hoc Truth and Reconciliation Commission (TRC) Minutes Emma J. Harvat Hall, City Hall Commissioners present: Chastity Dillard, Sikowis Nobiss (on Zoom), Wangui Gathua, Marie Krebs, Lauren Merritt, Kevo Rivera, Eric Harris (on Zoom). Commissioners absent: Mohamed Traore, Clif Johnson. Staff present: Stefanie Bowers, Eric Goers. Community members who spoke at the meeting: Representatives from University of Iowa Student Government including, the city liaison would like the opportunity to talk about the work of the TRC and just keep conversations going between the two groups. Recommendation to City Council: No. Meeting called to order: 7:07 pm. Reading of Native American Land Acknowledgement: Merritt read the Land Acknowledgement Approval of Minutes from February 2, 2023: Merritt moved, and Rivera seconded. Motion passed 7-0. ICCSD Elementary School Performance Incident: Krebs met with the Equity Committee on March 1. School staff reported that they will be holding a series of professional development trainings for educators. School staff also reported that the book "Rethinking Columbus: The Next 500 Years" will be supplied to staff. As a part of this discussion, TRC members would like to have a talk with the city on how they can abolish Columbus Day. Facilitator Services Proposal: City Attorney Eric Goers went over the four draft agreements with commissioners. The discussion included what information the city still needed from the facilitators which primarily relates to compensation. The facilitators have been reviewing the draft agreements and plan to get the financial figures to the city within the next few days. Goers also spoke briefly on the concern that when persons begin to come forward to tell their "truths" that there is a possibility of exposure to the city from defamation claims. Books and Materials Sent by Divided Communities: This item will be discussed at the next meeting date of the TRC. Gathua has found the materials to be extremely helpful for her service as a commissioner. Andre Wright Proposal: The TRC would like to be come up with a formal process by which local organizations can request financial support from them. Like the grants on racial equity that are reviewed by the Human Rights Commission. This led to a larger talk on spaces that they could hold future meetings, spaces that are felt to be safe. Correspondence: No discussion or activity took place under this agenda item Commission Announcements: Krebs mentioned the 29 anti-LGBTQ+ pieces of legislation currently being considered at the state capital. Dillard invited everyone to the Pheasant Ridge Women's History Month Open House being held on March 24 from 6-8 PM. Nobiss and Great Plains Action Society will be recognized on March 8 at the Night of 1000 Dinners. Rivera noted to be mindful of the numerous religious and cultural commemorations occurring over the next few months. Gathua will be traveling to Kenya in the fall of 2023 and is requesting hygiene products and shoes to take to the youth there. Adjourned: 9:16 PM. City Board and Commission meetings are recorded and can be viewed in their entirety by visiting this link. �n x N R N O N 7 K N N a N N N N N N N N N N L-1 F' W 17• Prepared by: Council members Janice Weiner and Laura Bergus Resolution No. 20-228 Resolution establishing Ad Hoc Truth and Reconciliation Commission Whereas, in Resolution No. 20-159 (Initial Commitments addressing the Black Lives Matter Movement and Systemic Racism in the wake of the murder of George Floyd by the Minneapolis Police and calls for action from protesters and residents), the Iowa City City Council resolved as follows: By October 1, 2020, create an ad hoc Truth and Reconciliation Commission 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, the City Council committed to allocate City funds of $1,000,000 during the present Fiscal Year to support Resolution 20-159, which includes a variety of initiatives, among them the Truth and Reconciliation Commission; and, Whereas, truth and reconciliation underscores the imperative that confronting and reckoning with the past is necessary for successful transitions from conflict, injustice, resentment and tension to peace, equality and connectedness; and, Whereas, while we acknowledge that other forms of injustice and challenges have occurred over the course of the history of the city of Iowa City, the focus of this Commission is on race; and, Whereas, the City Council acknowledges the existence of painful, systemic, persistent, and varied forms of racial injustice in Iowa City, and acknowledges that such injustice persists despite past efforts to address it, consistent with observations that systemic racism and white privilege are deeply resistant to change; and, Whereas, the Iowa City community must look comprehensively into its past and bear witness to the truth of racial injustice in order to provide the best possible foundation for moving into a future of equity based on healing and hope; and, Whereas, the City Council recognizes that, for a Truth and Reconciliation process to be meaningful, it must include bold action to confront privilege, stimulate difficult conversations, and reach and engage a full cross-section of the community, including those in the community not inclined to engage or resistant to engagement; and, Whereas, a comprehensive process will require that City of Iowa City departments and the City Council itself participate, including individual councilors, in good faith, in the process and to actively encourage broad participation throughout the community, and the City Council hereby commits to such participation and encouragement; and, Whereas, creation of an Ad Hoc Truth and Reconciliation Commission is in the best interests of the City and its residents. Now, Therefore, Be It Resolved by the City Council of the City of Iowa City, that: 1. The Ad Hoc Truth and Reconciliation Commission (TRC) is hereby established. Resolution No. 20-228 Page 2 2. The TRC shall have nine members who are representative of the City's BIPOC communities and organizations, including those who have direct lived experience with systemic racism, as well as experts who support those communities. To the extent possible, as determined by the City Council, the TRC shall include representation from groups such as the Iowa Freedom Riders, the Black Voices Project, the South District Neighborhood Association, the Iowa City Human Rights Commission, and the Community Police Review Board. Johnson County residency is required. Iowa City residency is preferred but not required if an applicant offers expertise or representation not available from applicants who reside in Iowa City. Members of other City boards and commissions are eligible to serve on the TRC. 3. Applications for membership on the TRC shall be announced, advertised, and available in the same manner as those for all City boards and commissions. 4. The TRC shall select the Chair, who when present will preside over all meetings, and the Vice -Chair, who will serve as chair in the absence of the Chair. 5. Within the charges of the TRC set forth herein, the TRC is not required to seek approval from the City Council, mayor, or city manager to set its own agenda and prioritize its activities. 6. The 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. 7. To conform with the requirements of laws pertaining to open meetings and public records and to facilitate transparency and public education and participation, administrative/clerical assistance and media/event assistance shall be provided by City staff as determined by the City Manager and City Clerk. Media assistance may be supplemented by outside expertise on a case -by -case basis if the Commission believes it will substantially expand outreach. 8. The TRC shall determine the frequency and conduct of its meetings. The meetings will be open to the public and conducted in accordance with Chapter 21 of the Iowa Code. Records, documentation, and communications of the TRC will be public records under Chapter 22 of the Iowa Code. The TRC shall serve from the date of appointment of all members to June 30, 2022. The TRC shall have an organizational meeting no later than 30 days after the appointment of all members. 10. Within 90 days of its organizational meeting, the TRC shall recommend to City Council a preliminary budget for funds needed to carry out the charges of the TRC beyond what ®City staff, programs, and services can provide. 11. The charges of the TRC are as follows: A. Fact -Finding The TRC siEI collect evidence, including first-hand testimony, of discrimination and racial injustice in multiple settings and compile a complete record of racial injustices that will inform and support the fundamental institutional and policy reforms necessary to address systemic racism. Resolution No. 20-228 Page 3 B. Truth -Telling The TRC shall: 1) Provide multiple fora and creative opportunities for persons impacted and traumatized by racial injustice to share their stories of racial injustice and experience to be heard by: (a) fellow communities of color; (b) a broad cross section of the entire Iowa City community; and (c) key decision - makers in city government, the business community and the University; 2) Explore ways to provide such opportunities through art, music, theater, worksh(pps, rallies and other forms of congregation, multimedia and listening designed to reveal truths that cannot be fully expressed in traditional fora; and, 3) Create a repository for community stories expressed in multiple media (written, video, audio, art) that can be catalogued and used to educate and inform members of the community. C. Reconciliation The TRC shall: 1) Provide opportunity for and facilitate direct conversation among and between community members of color, white community members and representatives of various sectors in which people of color experience discrimination and injustice (e.g. police and protesters, landlords and tenants, students and teachers, patients and health care providers, business owners and staff); 2) Create a replicable model that provides a structure for enabling these conversations throughout the city; 3) Make available opportunities for a bnYbd cross section of the community to learn about discrimination and racial injustice in our community; and, 4) Identify and recommend to the City Council institutional and policy reforms, new social practices, expectations, protocols, habits, rituals, conversations and celebrations that will move Iowa City toward a shared experience of race and difference, justice and equity and community and harmony. 12. The TRC shall strive to provide a safe and supportive space for its work, premised on mutual respect, and shall conduct its work so as to promote healing and justice. The TRC shall consider the possibility of adverse actions against those who participate in its work. The TRC shall carefully consider mechanisms to protect participants, and shall work to support those who allege harm due to their participation in the TRC process. 13. The TRC shall submit periodic updates to City Council to include, but not be limited to: its plans for community education; recommendations for Council action; requests for resources the TRC needs to carry out its work; and recommendations to dedicate and/or rename public spaces and/or rights of way in honor of the Black Lives Matter movement. 14. By May 1, 2022 the TRC shall submit to City Council: A. A report summarizing the work of the TRC. B. A repository of community stories expressed in multiple media (written, video, audio, art). C. Recommendations to the City Council for: 1) Institutional and policy reforms to end systemic racism; 2) Opportunities to create new social practices, expectations, protocols, habits, rituals and celebrations that will move Iowa City toward a shared experience of race and difference, justice and equity and community and harmony; 3) Measures to enhance the autonomy/security/sovereignty of communities of color and mitigate disparities in social and economic power; and 4) A recommendation on whether and in what form the work of the Commission should continue. 15. At any time in its work, and no later than June 30, 2022, the TRC shall strive to submit to City Council a replicable model and structure for conversations between people of color Resolution No. 20-228 Page 4 and white community members and representatives of various sectors in which people of color experience discrimination and injustice. 16. Absent further action by the City Council, the TRC will dissolve on June 30, 2022. Passed and approved this 15 day of September, 2020. ted by W 4.() City Attorney's Office — 09/10/2020 Ad Hoc Truth and Reconciliation Commission Late Handout(s) for April 6, 2023 Late Handout(s) 1. Slide deck for BIPOC Business Information Session 2. TRC Consultant Contract(s) 4/6/2023 Introduction TM10 is a reflect for Want concepts, preliminary dropouts in Me form of a statement 4 interest To build supptrtstruRures for Iowa City based underestimated business To ack ress sues in lnalrowe Economic Becelopment Plan and 6h Council's Stategle Plan The CM1y intends to award $1 million of Fed era Funded American Becwery Plan Act (ARM) for PlbM Space and Business Support needs. ms3m �Plndm m$m o tend na°m -o:nlnm wing eem�enn�eKm�anne ba,ee nnsmremem.ntlme,er,gel..e Refusal: for Statements of Interest are Due May 1, Stn 3 by d:mpm • Strategic Plan `• .� ��+ Initiatives V eB RACIALEQUITV, SOCIAL JUSTICE, Y due HUMAN RIGHTS Inclusive Ennnandr. 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PtryA 1 wlrn em—15—�na .e eb.mr rwp d—ca,m Award P,,dp,MasP, ll 11 12 4 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 "[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. 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- 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. 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- 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. 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. Section IV 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. 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. 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. 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. 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- Section IV requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. Consultants 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 Title: By: Date: Title: Approved by: Date: City Attorney's Office 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. �_10161:I =1101 �y =1 WA Is] � 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- 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 $43,520.00 for Phase One, $37,825.00 for Phase Two, and $10,000 for the Local Groups. Grand total fees, inclusive of the Local Groups' compensation, shall not exceed $91,345.00. 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. 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. -3- Section IV 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. 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 Section IV 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. 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. 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. 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. 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- Section IV 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. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. Consultants 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: Date: Approved by: Astig Planning, LLC 0 Title: Date: Mediation Services of Eastern Iowa City Attorney's Office By: Title: Date: For the Consultants: 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- 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 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. 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. 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 tc 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. 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. 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. 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. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained -5- 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. 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. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 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 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. �_10161:I =1101 �y =1 WA Is] � 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- 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 $10,375.00, or a lump sum of $31,125.00 for all three Consultants. For Phase Two Services, total hourly compensation for each Consultant shall not exceed $3,375.00, or a lump sum of $10,125.00 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 $3,678.48 for all Phase One Services and an additional $5,517.72 for all Phase Two Services reimbursement, for all three Consultants. Consultants shall not bill for their travel time. As part of their Phase Two work, Consultants shall produce 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. 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- 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. 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. 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. 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. 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. 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. 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- 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. 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. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 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: Date: Approved by: For the Consultants By: Manape LaMere Date: 2023 Terry Medina Date: 2023 City Attorney's Office By:, Donnielle Wanatee Date Date: Total Cost Phase Costs Think Peace* Think Peace % Kearns and West Kearns and West % Healing Partners Healing Partners % Native Partners Native Partner s % Community Researcher ommu nity Resear cher % $190,410.98 $ 41,215.50 21.65% $ 67,647.00 35.53% $ 43,520.00 22.86% $ 34,803.48 18.28% $ 3,225.00 1.69% $202,310.22 $ 54,954.00 27.16% $ 72,813.50 35.99% $ 37,825.00 18.70% $ 15,642.72 7.73% $ 21,075.00 10.42% $392,721.20 $ 96,169.50 24.49% $ 140,460.50 35.77% $ 81,345.00 20.71% $ 50,446.20 12.85% $ 24,300.00 6.19% $402,721.20 in support of other local groups that step forward throughout the process Includes $2200 for Local Facilitator (part time) Total % 100.00% 100.00% 100.00% penses (PER MONTH) Unit Cost Unit (montf Percentage Total facilitator -Gonzalez $8,800.00 1 25% $2,200.00 $8,800.00 1 25% $2,200.00 $8,800.00 1 25% $2,200.00 $8,800.00 1 10% $880.00 m $8,800.00 1 10% $880.00 7 $4,400.00 1 20% $880.00 $4,400.00 1 50% $2,200.00 $11,440.00 $858.00 i overhead $12,298.00 ') Unit Cost Unit Subtotal $700.00 1 $700.00 ght $100.00 4 $400.00 $60.00 4 $240.00 $1,340.00 0 $100.50 i overhead 0 $1,440.50 $13,738.50 $41,215.50 $64,964.00 $96,169.54 Total Hours Assumptions Role son) Coordinator I The items below are reflective of a preliminary vision for this role, focused on research, data collection, and Rctel $50.00 it,$trat is Consultation q gPatlicipation In 80minute meeting hosted by the City, d $200.00 1 $200.00 $299.90 in an and 4 5 4 Includes ncludes Fact Finding Liaison mle observing 3 meetings 4.5 45 $225.00 1 $225.00 $225.90 16 I includes database tool selection (e_g, teams I ,port 40 A ssumes 16 bon rs across two month s of preliminary 56 56 $2,800.00 $2,800.00 $2,80.00 64.5 64.5 $3,225.00 $3,225.00 $3,225.00 $3,225.0 $3,225.00 $3 225 00 Rate $50.00 it, Stratiis Consultation 4 4 Participation In Virtual) W-minute meeting hosted by the 18 18 Assumes 1 hour per week of team Internal coordination agement 56 56 Assumes Fact Finding Liaison participating in project 78 78 $3,90.00 $3,00.00 $3,90.00 in 12 12 Assumes coordinating with fact finding facilitator and and 355 3551 ncludes participation In 7 TRC meetings at 25 hours 47.5 475 $2,375.00 $2,375.00 $2,375.00 16 1 includes database tool selection he.g., teams I :bon 280 A asumes 20 hours per week for 10 weeks for Fact 2% 2% $14,800.0 $14,800.00 $14,80.00 421.5 421.5 $21,075.0 $21,075.00 $21,075.00 $21,075.00 $21,075.00 $2A,3%.00 $21,075 00 I.. b g P—� —%zl b i Nina oonelk Wanatee $12500 $12500 %MW $smw 3 3 $11 BN.86 $1103300 3 3 10 10 $1 250.03 $1 250.03 6 6 $]so.00 $]so.00 ae e $1000.00 $1000.00 iux city uesmoines $33121 ss].z 9z,za72e $su3.2o ocramunift, members in die TalkingCirck tlelkerable outlined! in[M con uart. TM10 eneomp —2 initial TPC m[Iw[are 3 fo— each owr[M nurse of x B; and I session per x kfor four hbtrain ocramunitr members.Tbis estimate may cirair edepending $ssss.2s $Late.m on ebe community's desire m be trained in this practice. AT liation) $85.00 Circle Co- 20 20 Healing Partners 30 Non-payment 70 $5,950.00 $13,090.00 nths) $39,270.00 1) 5 Non-payment 5 $425.00 xpenses $4,250.00 s) $43,520.00 $8,500.00 nths) $34,000.00 $3,825.00 $37,825.00 $81,345.00 VFC, 20 20 30 14 84 $7,140.00 5 40 45 $3,825.00