HomeMy WebLinkAbout03 01 2021 TRCAD HOC TRUTH AND RECONCILIATION
COMMISSION MONDAY, MARCH 1, 2021
Electronic Special Meeting - 7:00 PM
ZOOM MEETING PLATFORM
Electronic Meeting
(Pursuant to Iowa Code section 21.8)
An electronic meeting is being held because a meeting in person is impossible or impractical due to
concerns for the health and safety of commission members, staff and the public presented by
COVID-19.
You can participate in the meeting and can comment on an agenda item by going to
https://zoom.us/webinar/register/WN_ZM5GBr1PQLOF7aN13lyZ1w
via the internet to visit the Zoom meeting's registration page and submit the required information.
Once approved, you will receive an email message with a link to join the meeting. If you are asked
for a meeting or webinar ID, enter the ID number found in the email. A meeting password may also
be included in the email. Enter the password when prompted.
If you have no computer or smartphone, or a computer without a microphone, you may call in by
telephone by dialing (312) 626-6799. When prompted, enter the meeting or webinar ID. The ID
number for this meeting is:93922217654.
Once connected, you may dial *9 to "raise your hand," letting the meeting host know you would
like to speak. Providing comments in person is not an option.
AGENDA:
1.CALL MEETING TO ORDER AND ROLL CALL
2.INTRODUCTION OF GROUP FACILITATOR JESSE CASEA.FACILITATOR PRESENTATION B.INTERVIEW BY (QUESTIONS FROM) COMMISSION MEMBERSC.AGREEMENT
3.ADJOURNMENT
If you will need disability-related accommodations in order to participate in this program/event, please contact
Stefanie Bowers at 319-356-5022, stefanie-bowers@iowa-city.org . Early requests are strongly encouraged to
allow sufficient time to meet your access needs.
AD HOC TRUTH AND RECONCILIATION COMMISSION MARCH 1, 2021 SPECIAL MEETING PACKET CONTENTS
AGENDA ITEM #2A
•ORIGINAL PROPOSAL SUBMITTED BY JESSE CASE TO THE CITY 2/15/2021
AGENDA ITEM #2C
•FACILITATOR AGREEMENT
(Original Proposal by Jesse Case Submitted to the City 2/15/2021)
Page 1 of 5
TRC Facilitator Agreement
This Consultant Agreement (“Agreement”), is effective as of March __, 2021 (“Effective Date”),
and is entered into between Jesse Case (“Contractor” and/or “Facilitator”), an independent
contractor, and City of Iowa City (the “Client”).
Whereas, the City Council for the City of Iowa City established the Ad Hoc Truth and
Reconciliation Commission (“Commission”) in Resolution No. 20-228 (“Resolution”), which is
attached and incorporated herein;
Whereas, Paragraph 6 of the Resolution provides that the Commission shall be facilitated by an
independent consultant; and
Whereas, Client agrees to engage Contractor to provide facilitation services outlined below and
Contractor agrees to provide such services.
In consideration of the promise and mutual agreements herein, the receipt and sufficiency of
which are acknowledged, Client and Contractor agree as follows:
1.Engagement: During the term of this Agreement, the Contractor will facilitate the
Commission as set forth in Paragraph 6 of the Resolution. The Contractor will work at
the direction of the Commission and will provide periodic status reports to the Client.
2.Services: During the term of this Agreement, the Facilitator shall:
A.Guide the Commission in fulfilling its charges as set forth in the Resolution,
particularly Paragraphs 11, 14, and 15;
B.Oversee the development of the Commission’s budget that is required to be submitted
to the City Council by March 21, 2021, which may include the recommendation and
hiring of other entities that can bring value to the work of the Commission (historians,
expert witnesses, trainers, etc.);
C.Assist in the creation of meeting agendas, assist in keeping meetings moving forward
in a productive manner and on time, assist in the mediation and make
recommendations to address adverse reactions and potential disruptions to the
Commission and process; and
D.Provide periodic updates to Client throughout the process and assist the Commission
in making final recommendations to the City of Iowa City relating to fundamental
institutional, societal, and policy reforms necessary to address systemic racism and
move Iowa City toward a more just and equitable community.
If the Parties determine a change in the engagement is necessary, the Parties will amend
this Agreement by written mutual consent.
Page 2 of 5
3.Independent Contractor: The Parties recognize and agree that Contractor will act as an
independent contractor and will have sole responsibility for all federal, state, and local
taxes, including but not limited to income taxes and social security taxes, and workers’
compensation or disability benefits. Nothing in this Agreement creates an employee-
employer relationship or changes the preexisting legal status of either Party.
4.Power to Act on Behalf of Client: Contractor will have no authority to create any
obligation, express or implied, or make any representation on behalf of Client except as
expressly authorized from time to time by Client.
5.Client Responsibilities: To the extent deemed reasonable and necessary by Client, to
further Contractor’s engagement under this Agreement, Client will: 1) provide access to
Client information; 2) provide access to administrative services; and 3) work with
Contractor in good faith to meet deadlines and goals as set forth herein.
6.Payment: For the provision of Services, Contractor shall be paid four thousand dollars
($4,000.00) per month. Payments will be made on a monthly basis no later than the tenth
(10th) day of each month beginning April 2021 for the services rendered in March 2021.
If this Agreement is terminated prior to June 30, 2022, as provided in Paragraph 7 herein,
Client shall pay Contractor for services rendered in a partial month on a pro rate basis.
No Contractor expenses will be reimbursed unless pre-approved by Client in writing. If
Contractor expenses are approved for payment by Client, Contractor will submit an
itemized statement of Contractor’s expenses. Client will pay Contractor for undisputed
expenses within 30 days of receipt of such statement.
Basis of Payment: Contractor estimates a minimum of twelve hundred (1200) hours will
be needed over the sixteen (16) month period to complete the terms of the Agreement.
Contractor’s research indicates the average rate for similar facilitator positions is $150.00
-$200.00 per hour. Contractor’s fee is based on creating a balance of the Facilitator’s
time commitment which will pull them away from other projects, and the important
nature of the work and benefits to the community, as well as the Facilitator’s
commitment to the project and community. Contractor’s research indicates the fee
represents approximately one-third (1/3) of market value for similar positions.
7.Term and Termination: This Agreement will remain in effect from March __, 2021 and
shall remain in effect through the duration of the tenure of the Commission. The
Agreement may be extended by mutual written consent of both Parties. Either Party may
terminate this Agreement with thirty (30) days written notice to the other Party without
cause, reason, or penalty.
8.Liability/Indemnification.
A.To the full extent permitted by law, Contractor agrees to defend, indemnify, and hold
harmless the Client against any and all claims, demands, suits, loss, expenses,
including attorney’s fees, and for any damages which may be asserted, claimed or
Page 3 of 5
recovered against or from the Client by reason of personal injury, including bodily
injury or death, and property damages, including loss of use thereof, caused by
Contactor’s negligent acts, errors or omissions in performing the work and/or services
provided by Contractor to the Client pursuant to the provisions of this Agreement.
B.Contractor assumes full responsibility for any and all damage or injuries which may
result to any person or property by reason of Contractor's negligent acts, errors or
omissions in connection with the work and/or services provided by Contractor to the
Client pursuant to this Agreement, and agrees to pay the Client for all damages
caused to the Client's premises resulting from the negligent acts, errors or omissions
of Contractor.
C.The Contractor’s obligation to indemnify the City shall not include the obligation to
indemnify, hold harmless, or defend the Client 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 Client.
D.For purposes of this paragraph, the term "Contractor" means and includes the
Contractor, its officers, agents, employees, sub-consultants, and others for whom
Contractor is legally liable, and the term “Client” means and includes the City of
Iowa City, Iowa its Mayor, City Council members, employees, and volunteers.
9.Disputes: 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.
10.Conflict of Interest: Upon signing this Agreement, Contractor acknowledges that Section
362.5 of the Iowa Code prohibits a City of Iowa City officer or employee from having an
interest in a contract with the City of Iowa City, and certifies that no employee or officer of
the City of Iowa City, which includes members of the City Council and City of Iowa 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.
11.Anti-Discrimination: The Contractor shall not commit any of the following employment
practices and agrees to prohibit the following practices in any subcontracts.
A.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.
B.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.
Page 4 of 5
11.Additional Terms: This Agreement shall be binding on the Parties hereto and their
successors and assigns, but neither Party may assign this Agreement without the prior
written consent of the other. Failure of either Party to enforce any of the provisions of
this Agreement, to enforce any rights with respect thereto, or to exercise any election
provided herein, shall in no way be considered a waiver of such provisions, rights, or
elections, or in any way affect the validity of this Agreement. If any term of provision of
this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or
otherwise unenforceable, the same shall not affect the other terms or provisions hereof or
the whole of this Agreement. The article headings used are for reference and convenience
only, and shall not enter into the interpretation of this Agreement. This Agreement makes
up the entire agreement between the Parties. No alterations, modifications, amendments,
or changes in this Agreement shall be effective or binding on any Party, unless the same
is in writing and signed by both Parties. There are no understandings or agreements
relating to this Agreement which are not fully expressed in this Agreement. This
Agreement supersedes any prior agreements, understandings, restrictions, prohibitions,
and/or limitations between the Parties whether written or oral, and they affirm by their
signatures below that this is their definitive understanding unless modified in writing by
them. This Agreement may be executed in counterparts, each of which shall be deemed to
be an original, but all of which, when taken together, will constitute one and the same
Agreement.
12.Notices: Electronic communications shall be deemed acceptable whenever under this
Agreement one Party is required to give notice to the other. Notice to Contractor shall be
to the following email address: jcase@iowalabor.com; Notice to Client shall be to the
following email address: geoff-fruin@iowa-city.org
13.Force Majeure: The Parties shall be excused from performance under this Agreement for
any period such Party is prevented from performing any services pursuant hereto, in
whole or in part, as a result of an Act of God, war, civil disturbance, court order, labor
dispute or other cause beyond its reasonable control.
Contractor and Client have caused this Agreement and all applicable parts to be signed and
delivered by their duly authorized representatives, as of the Effective Date.
Jesse Case
Signature: __________________________________
Date: ___________________
Page 5 of 5
City of Iowa City
By: ________________________________
Bruce Teague, City Manager
Date: ___________________
Attest:___________________________________
Kellie K. Fruehling, City Clerk
Date: __________________
Approved:________________________________
City Attorney’s Office
AD HOC TRUTH AND RECONCILIATION COMMISSION
MARCH 1, 2021 SPECIAL MEETING PACKET CONTENTS
LATE HANDOUT(S)
•CORRESPONDENCE FROM COMMISSIONER HAMAD WITH STAFF RESPONSE
From:Stefanie Bowers
To:"Raneem Hamad"
Cc:"Amel Ali"; "tcurrintrc@gmail.com"; "Eric Harris"; "tshailyn@yahoo.com"; "Layana Navarre-Jackson";
"royceannporter1212@gmail.com"; "Krivera827@gmail.com"; "mo.traor3@gmail.com"
Subject:RE: URGENT Agenda item
Date:Monday, March 1, 2021 9:07:52 AM
Commissioner Hamad,
I will post both of your emails of Friday, February 26, 2021, one sent at 10:17AM and the other at
11:18PM, as late handouts for the special meeting packet of March 1. However, I must reiterate that
at the special meeting tonight the topic is limited to whether or not to add the item to the agenda
for discussion at the March 4 regular meeting date. Iowa open meeting laws do not allow for any
discussion on the alleged breach of protocol at the special meeting because it is not an agenda item.
I have cc’d all Commission members in this response so that everyone receives the same
information. Due to open meeting laws it is advised that you do not ‘reply all’.
I am available if anyone needs clarification of protocols for open meetings.
Stefanie
From: Raneem Hamad <raneemhamad@gmail.com>
Sent: Friday, February 26, 2021 11:18 PM
To: Stefanie Bowers <Stefanie-Bowers@iowa-city.org>
Subject: Re: URGENT Agenda item
Hi Stefanie,
Thank you for getting back to me. My correspondence is below.
To Iowa City Truth & Reconciliation Commission:
I respectfully request a vote to place an emergency item at the top of the agenda for theMonday, March 1, 2020 meeting. I do not believe the TRC can or should move forward withany other business until this item is discussed and appropriate steps are taken.
I have been presented with information, which I have shared with some fellow Commissionersand am willing to share with any other commissioners who are interested. This is a difficultsituation and I am working as closely as I can with Stefanie to make sure appropriate protocolsare followed concerning how to raise and address this very serious issue.
The information details a shocking breach of protocol, of our Mandate, and of the public trustthat has been placed with us and that as a practical matter will be so essential to our successmoving forward.
Our Mandate requires that we must “provide a safe and supportive space for [our] work,” andfurther, that due to “the possibility of adverse actions against those who participate in [our]work,” we should “carefully consider mechanisms to protect participants.”
Tragically, according to the information I have received, the TRC may be not only failing toprotect participants but in fact instigating retaliatory type actions and directly undermining thegoal of a “safe and supportive space” for our community.
I am fully aware of the hostility and frustration that has been directed at me, as the IFRrepresentative, in the TRC sessions thus far. I do not really understand it and, frankly, itsaddens me deeply. But, I can handle it and my focus remains on our work. Hostility andreprisals directed at participants in our process, however, is absolutely unacceptable in myview.
Out of respect and prudence I will refrain from making further comments about the specificsof the issue at hand. While I don’t believe we are authorized to go into a closed session on thisspecific agenda item, I believe we can choose to discuss it at a level of generality, so long aswe are prepared to take firm action. If other Commissioners prefer a more detailed course ofaction, I will of course cooperate. Evidence is available to support my description of the issue.
To be clear, I am not willing to sweep this item under the rug or simply hope it does nothappen again. As I can explain in more detail if necessary, I think it is self-evident thatmembers of our community, whose support we critically need in our process, will not feel safeworking with us unless we demonstrate commitment to our Mandate by taking decisive actionto condemn what has happened and chart a new course.
I respectfully request a vote in favor of addressing this issue at the top of the agenda onMonday, followed by discussion and action.
Best,
On Fri, Feb 26, 2021 at 12:48 PM Stefanie Bowers <Stefanie-Bowers@iowa-city.org> wrote:
Commissioner Hamad,
You can submit your report to me as Correspondence and I can add it as a late handout to the
special meeting packet of Monday, March 1. If a majority of Commission members on Monday
direct me to add it as an agenda item to the regularly scheduled meeting of March 4 then it can
be placed on that agenda. The discussion on Monday of the late handout should be limited to
whether or not to add the item to the agenda for March 4 and not a discussion on the details or
information contained within the report itself. Also, just so that everyone receives the same
information I plan on sending my response to you out to all the other Commissioner members.
Stefanie
From: Raneem Hamad <raneemhamad@gmail.com>
Sent: Friday, February 26, 2021 10:17 AM
To: Stefanie Bowers <Stefanie-Bowers@iowa-city.org>
Subject: URGENT Agenda item
Hi Stefanie,
I'm still sort of confused on how to get items on the agenda. I need an item on the agenda for
Monday and it is very urgent and extraordinary. This is an emergency item concerning reports of
outside conduct of the Chair, thus I'm reaching out to you as it seems hard to leave its inclusion to
the discretion of the chair and vice chair.
Please let me know asap.
Thank you,
--
Raneem HamadPronouns: She/Her/HersBA Candidate 2021, Human Rights & Public HealthColumbia University in the City of New YorkDelta Sigma Theta Sorority, Inc., Rho Chapter
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely foruse by the recipient and others authorized to receive it. If you are not the recipient, you are herebynotified that any disclosure, copying, distribution or taking action in relation of the contents of thisinformation is strictly prohibited and may be unlawful.
--
Raneem HamadPronouns: She/Her/HersBA Candidate 2021, Human Rights & Public Health
Columbia University in the City of New YorkDelta Sigma Theta Sorority, Inc., Rho Chapter