HomeMy WebLinkAbout06 10 21 TRC Agenda and PacketAD HOC TRUTH AND RECONCILIATION COMMISSION
THURSDAY, June 10, 2021
Electronic Regular 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_Z1lKoUxcSB2o-XLnk7tQlA
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: 923 5355 5433.
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. APPROVAL OF THE MAY 27, 2021 MEETING MINUTES
3. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA (Commentators shall address
the Commission for no more than 5 minutes. Commissioners shall not engage in
discussion with the public concerning said items).
4. REVIEW OF (DRAFT) RFP FOR FACILITATOR 5 MINUTES*
5. UPDATES FROM COMMISSIONER TRAORE ON CORRESPONDENCE WITH CITY
GOVERNMENTS ON THE EXCLUDED WORKERS FUND 5 MINUTES*
6. BUDGET SUBCOMMITTEE UPDATES – OVERVIEW 15-20 MINUTES*
• DISCUSSION ON BUDGET LINE ITEMS – COMMISSIONER STIPEND/EXPERTS &
TRAININGS
7. DISCUSSION ON TIMELINE FOR OPERTIONAL BUDGET COMPLETION 15 MINUTES*
8. DISCUSSION ON SUBCOMMITTEE STRUCTURE, AND SUBCOMMITTEE LEADERSHIP
POSITIONS 10-15 MINUTES*
9. TIMELINE FOR FUTURE MEETINGS (MEETING FREQUENCY) & RETURNING TO
MEETINGS IN-PERSON
10. COMMUNITY TOPICS: RECENT POLICE ENFORCEMENT, CRIME & SAFETY IN JOHNSON
COUNTY
11. COMMISSION ANNOUCEMENTS (Commissioners shall not engage in discussion with one
another concerning said announcements).
12. STAFF ANNOUNCEMENTS
13. ADJOURNMENT
*The times listed in the agenda are the anticipated duration of that particular agenda item. The actual
discussion may take more or less time than anticipated.
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.
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
JUNE 10, 2021 MEETING PACKET CONTENTS
AGENDA ITEM #2
• DRAFT MAY 27, 2021 MEETING MINUTES
AGENDA ITEM #4
• DRAFT RFP FOR FACILITATOR
AGENDA ITEM #5
• EXCLUDED WORKER FUND UPDATES
AGENDA ITEM #8
• ACTION ITEMS FOR SUBCOMMITTEES
May 27, 2021
Draft Ad Hoc Truth and Reconciliation Commission Minutes
(Electronic) Zoom Platform
Regular Meeting
Commissioners present: Amel Ali, Daphney Daniel, Chastity Dillard, Wangui Gathua, Eric Harris, Clifton
Johnson, Kevin Rivera, Sikowiss, Mohamed Traore.
Staff present: Stefanie Bowers.
(Electronic Meeting Pursuant to Iowa Code section 21.8)
An electronic meeting was held because a meeting in person was impossible or impractical due to
concerns for the health and safety of commission members, staff, and the public presented by
COVID-19.
Meeting called to order: 7:06
Approval of the May 13, 2021 Meeting Minutes: Motion by Ali, seconded by Gathua. Approved 9-0.
Public Comment of Items not on the Agenda: None.
Update on Land & Labor Acknowledgement: Sikowiss is working with others on finalizing an
acknowledgement that can be used by the Truth and Reconciliation Commission (TRC). More details will
be provided at a future meeting.
Iowa Catholic Worker House Presentation: Kathy Lee-Son presented a PowerPoint (can be located in
agenda packet—late handouts) that highlights the need for the American Rescue Plan Act funding to be
used to help excluded workers. Iowa City will be awarded $18.3 million. Rosa Brito Pastor spoke on losing
her kitchen job at a local Mexican restaurant due to the Covid pandemic and her lack of financial support
during that time and currently.
Cindy Zapata also was let go due to the pandemic and has fallen behind on being able to pay her
household bills. Mutwakil Musa who currently works at the UHIC spoke on his family (wife and children)
not being able to pay their rent and utility bills due to the effects of the pandemic.
Philinese Martin spoke on the need for the local funds received as a part of the Care Act to assist families
who have lost jobs during this pandemic and have not been able to financially recover. Maria Carlos has
not only been sick with COVID-19 but also has side effects from being infected with the virus that still
prevent her from working to this day. Pat Bowen supports providing financial assistance to those who have
suffered the most during this pandemic and that is why she supports the excluded worker fund.
Commissioner Rivera drafted a letter to be sent to other municipalities in Johnson County, including the
County. Motion Rivera, seconded by Harris. Motion passed 9-0.
African Coalition Presentation: Commissioner Gathua presented on outreach she has conducted in terms
of the mission of the TRC and reaching out to get voices from the African immigrant and refugee
community. Gathua intends on holding circles and other outreach with community members from these
communities with the end goal being to collect stories and experiences and sending a summary to the
entire TRC as part of the truth seeking and reconciliation.
Update/Discussion on RFP for Facilitator: Commissioner Ali presented a draft on the RFP for soliciting a
facilitator. Staff will take Ali’s draft of the RFP and format it into the actual document that will be used. A
final draft of the RFP will be presented to the TRC at its meeting of June 10 for review.
Discussion on Future Agenda Item: Community Topics the TRC wishes to Discuss: This new agenda item,
suggested by Commissioner Ali, will allow TRC members to notify staff, the vice chair, and chair on
community topics they wish to discuss at each meeting. TRC members will send any topics they wish to
discuss no later than noon on the Monday proceeding a TRC meeting. Harris would like to discuss
crime/safety in light of the Iowa City’s Police Department use of a MRAP to execute a search warrant.
Discussion on Whether to hold a Special Meeting to Chat with Ron Wakabayashi: Ron Wakabayashi
parents were survivors of internment camps created by the United States Government to imprison
Japanese Americans during WW2. He is a former Los Angeles County official and former volunteer for Asia
Pacific Advisory Council. Commissioner Ali will work to schedule a meeting with Ron and the TRC in the
near future.
Announcements of Commissioners: Dillard spoke on a collaboration with the South District for National
Night Out and suggested the TRC may want to partner to be a part of this event as well. Ali mentioned the
American Cancer Society lowering of the age to get screened for colon cancer to 45. Harris let everyone
know about upcoming Diversity Markets being held at the Kingdom Center on June 12, 19, 26 and July 7,
10. Rivera mentioned that the Shelter House is looking for volunteers aged 16-23 years of age to build on
June 6, 10, 24, and June 27. Gathua mentioned that Kirkwood Community College is currently hiring for
English as a Second Language teachers. They are seeking to fill 16 positions.
Announcements of Staff: Staff mentioned upcoming Juneteenth events.
Adjourn: 9:26 PM
AD HOC TRUTH & RECONCILIATION COMMISSION
ATTENDANCE RECORD
YEAR 2021
(Meeting Date)
NAME
TERM
EXP.
4/15 4/29 5/13 5/27 6/10 6/24 7/8 7/22 8/5 8/19 9/2 9/16 9/30 10/7
Ali 6/22 X X X X
Daniel 6/22 X X X X
Dillard 6/22 X X X X
Gathua 6/22 X X X X
Johnson 6/22 X X X X
Harris 6/22 O X X X
Nobiss 6/22 X O X X
Rivera 6/22 X X X X
Traore 6/22 X X X X
KEY: X = Present
O = Absent
Date: June 15, 2021
Request for Proposal: #22-19, Facilitator for the Ad Hoc Truth and
Reconciliation Commission
Notice to Vendors: Sealed Proposals will be received via e-mail or at the
Office of the City Clerk, until the time and date specified below.
Due to public health concerns surrounding COVID-19, bids may be mailed or submitted
electronically by email. Either way the bid is submitted, each bid must be complete with
all the supporting documentation and follow the order outlined in Section One –
Submittal Package Checklist.
If the proposal is mailed, address the proposals to:
Attention: City Clerk’s Office
City of Iowa City
410 E. Washington St, Room 140
Iowa City IA 52240-1826
Vendors must submit Five (5) printed copies of the proposal. Proposals shall be sealed and clearly marked
on the outside of your mailing envelope or container “Facilitator for the Ad Hoc Truth and
Reconciliation Commission, Request for Proposal #22-19”. Proposals must be received by the City
Clerk’s office by 2:30 p.m. (local time) on July 14, 2021.
If the proposal is emailed, it must be received by Procurementcoord@iowa-city.org by 2:30 p.m. (local
time) on July 14, 2021. Vendors must email one (1) copy of the proposal. Proposals must have “RFP
#22-19” in the subject line of the e-mail. It is recommended that e-mailed responses be sent at least
24 hours before the due date.
Faxed Proposals will not be accepted. All times and dates are Central Standard Time.
Questions: All questions and clarifications regarding this Request for Proposal will be accepted until
July 8, 2021, noon (local time) by e-mailing the following City representative. All questions must be in
writing in order to receive a response.
Purchasing
Theresa Vanatter, Procurement Coordinator
Procurementcoord@iowa-city.org
(319) 356-5075
No Contact Policy: After the date and time established for receipt of proposals by the City, any contact
initiated by the Vendor or by a City representative, other than the Purchasing Division representative
listed herein, concerning this Request for Proposal is prohibited. Any such unauthorized contact may
cause the disqualification of the Vendor from the procurement transaction.
The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail
delivery system of the City, internet outages, delays due to firewall protections or spam filters,
delays due to e-mail size limitations, or any other means of delivery employed by the Vendor. The
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City is not responsible for, and will not open, any proposal responses which are received later than
the date and time stated above.
Bonds and Insurance: Insurance is required with this Request for Proposal, as specified in Section
Three B.
Index:
Section One Submittal Package Checklist
Section Two Specific Conditions and Instructions to this Proposal
Section Three General Conditions and Instructions to Vendors
Section Four Reference Form
Section Five Company Information Form
Section Six City of Iowa City Wage Theft Policy
Section Seven Sample Agreement
Section Eight Contract Compliance Document (to be completed by awarded vendor only)
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Section One – Submittal Package Checklist
Proposals must be organized in the following sequence. The City reserves the right to reject proposals
that are considered incomplete and do not contain the requested items listed below. Proposals shall be
readable and specific content must be organized in the submitted proposal as they are listed below.
Item A – Submittal Letter:
Provide a statement of why your firm believes itself to be the best qualified to perform the engagement.
Include the name and contact information for the Project Manager. The letter must be signed by an officer
of the Vendor or a designated agent empowered to bind the firm in the contract offer.
Item B - Proposed Project Work and Implementation Plan
This should include a detailed narrative or work plan for describing the approach to this project. Include
a project task schedule with timelines, approach to the facilitation of the TRC, and hours provided.
Item C – Price Schedule
Provide a proposed budget of every aspect of the project including estimated hours required and desired
compensation. Outline your expected fees and schedule of payments. Standard disbursement of costs will
be billable to the City of Iowa City, if reasonable and approved for this type of project. All billable hours
including client meetings and site visits should be included in a time and materials not-to-exceed fee.
The City is not responsible for the vendor’s failure to provide information and pricing on required items.
In this instance, the prices submitted will prevail as the proposal price for all required equipment,
materials, labor, travel, delivery and shipping fees.
Item E – References:
Prove a completed Reference Form.
(Section Four) no other form will be accepted.
Item D – Company Information Form:
Complete and sign the Company Information Form.
(Section Five) no other form will be accepted.
Item F – Wage Theft Policy:
Review Section Nine - Wage Theft Policy and complete the Wage Theft Affidavit form.
(Section Six) no other form will be accepted.
Item G – Contract Compliance Form: (to be completed by awarded vendor only)
Read and complete the contract compliance document in Section Ten. Provide a copy of your EEO policy.
(Section Eight) no other from will be accepted.
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Section Two - Specific Conditions and Instructions to this Proposal
A. Project Description:
The City of Iowa City’s Ad Hoc Truth and Reconciliation (TRC) is inviting interested and
qualified firms to submit proposals demonstrating their ability to serve as its facilitator. The
facilitator shall serve as 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.
This individual will work at the direction of the Commission and will provide periodic status
updates to staff and/or council.
The firm, as well as individuals working directly on the project, will guide the TRC in fulfilling
its charges as set forth in Resolution 20-228 and specifically:
1) Fact -Finding: The TRC shall 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;
2) 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 decisionmakers in city government, the business
community and the University; 2) Explore ways to provide such opportunities through art,
music, theater, workshops, 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.
3) 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 broad 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.
4) 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,
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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.
5) 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 and
white community members and representatives of various sectors in which people of color
experience discrimination and injustice.
B. Background Information:
Johnson County, Iowa has a population of about 147k people. The 5 largest ethnic groups in
Johnson County, IA are White (Non-Hispanic) (78.8%), Black or African American (Non-
Hispanic) (6.68%), Asian (Non-Hispanic) (6.29%), White (Hispanic) (3.3%), and Two+ (Non-
Hispanic) (2.07%).
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 to 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.
The TRC has 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.
C. Contract Term:
The official contract start date will be designated as the date stated on the issued Purchase Order.
The contract will be for one (1) Eighteen (18) month term. No price escalation will be allowed
during the term of the contract.
The City reserves the right to negotiate more favorable terms, or to terminate without cost, the
future performance of the contract.
D. Proposal Requirements:
1) The Vendor is responsible for all costs related to the preparation of the submitted proposal,
any costs associated with the preparation of additional material, and any required visits
during the pre-award process.
2) The format of the company’s proposal must be consistent with the specifications listed on the
Proposal Requirements Checklist – Section One. Each copy must be organized as stated on
the checklist and contain all of the required information in order for the City to fully evaluate
the submitted proposal.
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3) Vendors are expected to fully inform themselves as to the conditions, requirements, and
specifications before submitting a proposal. The submission of a proposal by a company
concludes the company’s acceptance of the terms and conditions herein, unless otherwise
stated.
4) At the time of the submission, it will be assumed that each Vendor has read and is thoroughly
familiar with the contract documents and the requirements of the contract. The failure or
omission of a Vendor to examine any document shall in no way relieve the Vendor from any
obligation in respect to its proposal.
5) Any costs associated with this project not specifically set forth in this Request for Proposal
will be the responsibility of the vendor and will be deemed included in the fees and charges
bid herein.
6) Responses may be rejected if the Vendor fails to perform any of the following:
a. To adhere to one or more of the provisions established in this Request for Proposal
b. To demonstrate competence, experience, and ability to provide services described in
this Request for Proposal
c. To submit a response on or before the deadline and complete all required forms
d. To fulfill a request for an interview
e. To respond to a written request for clarification or additional information
7) Vendors may be required to submit financial statements subsequent to the opening of
proposals together with such information as may be required to determine that a contemplated
awardee is fully qualified to receive the award.
E. Contract Negotiations:
The contract for the work is attached. While the City may be willing to negotiate some aspects of
the contract, such portions must be clearly identified by the Vendor in the Exceptions Section
(Section Seven, Company Information Form). In addition, Vendors must specifically offer
their proposed additions, deletions, or alterations to the contract in the same Exceptions section.
The City will not negotiate any contract terms not so identified in the Exceptions section.
The City of Iowa City reserves the right to negotiate specifications and terms and conditions
which may be necessary or appropriate to the accomplishment of the purpose of this Request for
Proposal. Vendors are responsible to review all specifications, requirements, terms and
conditions, insurance requirements, and other requirements herein.
The City of Iowa City may require the Request for Proposal and the Vendor’s entire proposal be
made an integral part of the resulting contract. This implies that all responses, supplemental
information, and other submissions provided by the Vendor during discussions or negotiations
will be held by the City of Iowa City as contractually binding on the successful Vendor.
The City may consider and may choose to accept some, none, or all contract modifications that
the vendor has submitted with the vendor’s proposal.
The City reserves the right to negotiate specifications and terms and conditions which may be
necessary or appropriate to the accomplishment of the purpose of this Request for Proposal.
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If negotiations cannot be completed to mutual satisfaction within 30 calendar days or in an
otherwise reasonable time frame in the opinion of the City, then the City retains the sole option to
terminate negotiation. In such an event, the City reserves the right to name another apparent
successful Vendor and restart with the new Vendor or to terminate the Request for Proposal
process.
The negotiated contract will provide that any material designed specifically to meet the City’s
public project and needs, or any modifications to existing materials for the project will become
the property of the City of Iowa City over which it shall have exclusive property rights.
F. Pricing:
The submitted pricing must include all of the costs required to perform the tasks to complete the
project in full. These costs include, but are not limited to, labor, materials, equipment, travel
(lodging and transportation), etc.
G. Payment:
Payment for this contract will be made within 30 days following receipt of invoice from the
Vendor and the City’s approval of said invoice.
H. Interview:
During the evaluation process, the City may request an oral interview with those Vendors that
appear to meet the requirements for this contract. Vendors selected to participate in an interview
with the City will have the opportunity to discuss their qualifications, experience, services that
they will provide for this contract, as well as any proposed fee schedule. Requested interviews
shall be at no cost to the City.
I. Reference Checks and Proposal Clarifications:
The City reserves the right to contact any reference to assist in the evaluation of the proposal, to
verify information contained in the proposal, and to discuss the Vendor’s qualifications. The City
reserves the right to obtain and consider information from other sources concerning a Vendor
such as the Vendor’s capability and performance under other contracts.
J. Evaluation Process:
Each proposal submitted stands alone and will be evaluated on its own merits in terms of meeting
the City’s requirements, terms and conditions, and overall responsiveness to the Request for
Proposal. The evaluation committee may conduct discussions with any vendor that submits an
acceptable or potentially acceptable proposal. Vendors shall be accorded fair and equal treatment
with respect to any opportunity for discussion and revision of proposals. During the discussions,
the evaluation committee shall not disclose any information derived from one proposal to any
other Vendor. The evaluation committee reserves the right to request the Vendor to provide
additional information during this process.
An evaluation committee will independently evaluate the merit of proposals received in
accordance with the evaluation factors defined in the Request for Proposal. Failure of the Vendor
to provide any information requested in the Request for Proposal may result in disqualification of
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the proposal and shall be the responsibility of the Vendor. Phase One of the evaluation process
shall be based on a 100-point scale. It is required that a proposal receive a minimum of 80 points
in order to move on to Phase Two and be considered for award.
The proposal that accrues the highest points shall be recommended for award subject to the best
interests of City. Categories have been identified for the evaluation process. Each category shall
receive a point value within the specified range based on how well the proposal meets or exceeds
the City’s requirements. The following table lists the maximum points associated with each
category.
“The Vendor’s submission of a proposal implies vendor acceptance of the evaluation
technique and vendor recognition that some subjective judgments shall be made by the City
of Iowa City during assignment of points.”
Phase One – Point Category Assigned Points
Experience 35
Experience with similar projects
Key personnel expertise
Proposed Project Timeline 30
Pricing Schedule 35
Total Points Phase One 100
Phase Two – Point Category Assigned Points
Interview/Presentation 25
References 25
Total Points for Phase Two 50
Total Points for Phase One and Phase Two 150
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K. Contract Award:
1) All submitted proposals must be complete to be considered for award. The items listed on
page two (2), Proposal Requirements Checklist, must be completed and included in the
submitted proposal.
2) The City reserves the right to qualify, accept, or reject any or all proposals as deemed to be in
the best interest of the City. The City reserves the right to accept or reject any or all
proposals and to waive irregularities or technicalities in any proposal when in the best interest
of the City. The City reserves the right to accept or reject any exception taken by the Vendor
to the terms and conditions of the Request for Proposal.
3) The City reserves the right to negotiate with more than one potential Vendor after the
submission of all proposals. The City reserves the right to accept any submittal, or any part
or parts thereof, or to reject any and all submittals.
4) It is the intent of the City to make an award within thirty (30) working days of the proposal
due date.
5) Award, if made, will be in accordance with the terms and conditions herein.
6) Award, if made, shall be in the form of a Contract Purchase Order and a signed contract (see
Section Seven of this Request for Proposal).
7) Consideration may be given to, but not limited to, the firm’s resume and qualifications,
experience with past and present clients, customer satisfaction and references, proven success
of past work, firm’s financial stability, the completeness and reasonableness of the firm’s
work plan, the firm’s work schedule, the firm’s ability to demonstrate an understanding of the
work to be performed, the firm’s ability to comply with the requirements of this Request for
Proposal, and pricing.
8) The awarded vendor will be required to complete the City’s Contract Compliance Document
and provide their EEO policy before the issuance of a Contract Purchase Order and execution
of the contract.
9) By submitting a proposal in response to this Request for Proposal, the vendor acknowledges
that the proposal submitted shall become public information after the contract is awarded or if
no contract is awarded.
The above conditions and instructions clarify this specific Request for Proposal document but are
in addition to the attached General Conditions and Instructions to Vendors (Section Three).
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Section Three - General Conditions and Instruction to Vendors
The general rules and conditions which follow apply to all proposals issued by the City unless otherwise
specified. Vendors or their authorized agents are expected to fully inform themselves as to the conditions,
requirements, and specifications before submitting proposals; failure to do so shall be at the Vendor’s
own risk.
Request for Proposal (RFP): is defined as a request for an offer, by one party to another, of terms and
conditions with reference to some work or undertaking. This document constitutes a Request for
Proposal and is thus a solicitation for responses. Conversely, this Request for Proposal is not a bid and is
not governed by state or federal bidding requirements.
Moreover, any acceptance of a proposal shall not result in a binding contract between the City and the
Vendor, but instead will simply enable negotiations to take place which may eventually result in a
detailed and refined agreement or contract between the Vendor and the City.
"Proposal date" as referenced herein shall mean the local date and time specified in the proposal
documents.
A. Conditions for Proposing
1) No Contact Policy. All questions regarding this Request for Proposal must be in written form and
must be submitted to the Purchasing Division, as stated above. After the date and time
established for receipt of proposals by the City, any contact initiated by the Vendor or by a City
representative, other than the Purchasing Division representative listed herein, concerning this
Request for Proposal is prohibited. Any such unauthorized contact may cause the disqualification
of the Vendor from the procurement transaction.
Unless authorized by the Purchasing Division, no other City official or City employee is
empowered to speak for the City with respect to this acquisition. Any Vendor seeking to obtain
information, clarification, or interpretations from any other City official or City employee other
than the Purchasing Division is advised that such material is used at the Vendor’s own risk. The
City will not be bound by any such information, clarification, or interpretation. Following the
Proposal submittal deadline, Vendors shall not contact the Purchasing Division or any other City
employee except to respond to a request by the Purchasing Division.
2) Completeness/Authorization of Proposal. Vendor shall supply all information and submittals
required by the proposal documents to constitute a proper proposal. The proposal shall clearly
state the legal name, address, telephone number, and email of primary contact (signer) of the
Vendor. The proposal shall be signed above the typed or printed name and title of the signer.
The signer shall have the legal authority to bind the Vendor to the proposal.
3) Addressing of Proposal. Faxed proposals will not be accepted. Proposals shall be submitted in a
sealed envelope or box clearly marked on the front with proposal number and due date, and
unless otherwise specified, addressed to:
Attn: City Clerk’s Office
City of Iowa City
410 East Washington Street, Room 140
Iowa City, Iowa 52240-1826
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If the proposal is emailed, it must be received by Procurementcoord@iowa-city.org by
2:30 p.m. (local time) on July 14, 2021. Vendors must email one (1) copy of the proposal.
Proposals must have “RFP #22-19” in the subject line of the e-mail. It is recommended
that e-mailed responses be sent at least 24 hours before the due date.
4) Proposal Deadline. Vendor shall be responsible for taking whatever measures are necessary to
ensure that the proposal reaches the office of the City Clerk or other specified agent on or before
the local time and date specified. The City shall not be responsible for, and may not consider,
any proposal delayed in the postal or other delivery service, or in the City's internal mail system,
nor any late proposal, amendment thereto, or request for withdrawal of proposal received after the
date specified. Proposals received after the time and date specified on the Request for Proposal
will not be opened and will not be considered for award.
A written request for withdrawal of a proposal or any part thereof may be granted, provided the
request is received in writing by the City prior to the specified proposal date.
5) Receipt of Proposals. Unless otherwise required by the Iowa Public Records law, during the
process of negotiations, no proposals shall be handled to permit disclosure to competing Vendors
of the identity of the Vendor with whom the City is negotiating or the contents of the proposal.
6) Proposals Binding 120 Days. Unless otherwise specified, all formal proposals, including any
negotiations, submitted shall be binding for one hundred and twenty (120) working days
following the due date for the proposal or negotiations, unless the Vendor(s), at the City's request,
agrees in writing to an extension.
7) Trade Secrets or Proprietary Information. Responses to this Request for Proposal become the
exclusive property of the City of Iowa City. All documents submitted in response to this Request
for Proposal may be regarded as public records and may be subject to disclosure. Protection from
disclosure may apply to those elements in each submittal which are marked as “Trade Secret”,
“Confidential”, or “Proprietary”. During the course of the submittal evaluation process or the
course of the project, City of Iowa City will accept materials clearly and prominently labeled
“Trade Secret”, “Confidential”, or “Proprietary” by the respondent or other submitting party. The
City of Iowa City will not advise as to the nature of the content of the documents entitled to
protection to disclosure, or as to the definition of trade secret, confidential, or proprietary
information. The respondent or other submitting party will be solely responsible for all such
determinations made by it, and for clearly and prominently marking each and every page or sheet
of materials with “Trade Secret”, “Confidential”, or “Proprietary” as it determines to be
appropriate. Respondents which indiscriminately so identify all or most of their submittal as
protected from disclosure without justification may be deemed non-responsive.
The City of Iowa City will endeavor to advise the Respondent of any request for the disclosure of
the material so marked with “Trade Secret”, “Confidential”, or “Proprietary”, and give the
Vendor or other submitting party the opportunity to seek a court order to protect such materials
from disclosure. If a party other than the Vendor submitted the requested material, the Vendor
shall be solely responsible for notifying the submitting party of the request. The City’s sole
responsibility is to notify the Vendor of the request for disclosure, and the City of Iowa City shall
not be liable for any damages resulting out of such disclosure, whether such disclosure is deemed
required by law, by an order of court or administrative agency, or occurs through inadvertence,
mistake, negligence on the part of the City of Iowa City or their officers, employees, consultants,
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or subconsultants.
8) Multiple Proposals. Vendors may submit more than one proposal, provided the additional
proposal or proposals are properly submitted on the proposal forms or in the proposal format.
9) Competency of Vendor. No proposal may be accepted from or contract awarded to any person,
firm or corporation that is in arrears or in default to the City of Iowa City upon any debt or
contract. Prior failure of a Vendor to perform faithfully on any previous contract or work for the
City may be grounds for rejection. If requested, the Vendor shall present evidence of
performance ability and possession of necessary facilities, pecuniary resources and adequate
insurance to comply with the terms of these proposal documents; such evidence shall be
presented within a specified time and to the satisfaction of the City.
10) Collusive Proposing. The Vendor certifies that the proposal is made without any previous
understanding, agreement or connection with any person, firm, or corporation making a proposal
for the same project, without prior knowledge of competitive prices, and that the proposal is in all
respects fair, without outside control, collusion, fraud or otherwise illegal action.
11) Officers not to Benefit. 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.
12) Equal Employment Opportunity. All Vendors are subject to and must comply with the provisions
of the City's Equal Employment Opportunity policy and applicable local, state and federal
antidiscrimination laws. All City contractors, subcontractors, vendors or consultants with
contracts of $25,000 or more (or less, if required by another governmental agency) must abide by
the requirements of the City's Contract Compliance. Emergency contracts are exempt from this
provision.
13) Wage Theft. All City contractors with contracts of $25,000 or more must abide by the
requirements of the City’s Wage Theft Policy. Pursuant to the Wage Theft Policy, the City will
not to enter into certain contracts with, or provide discretionary economic development
assistance to, any person or entity (including an owner of more than 25% of the entity) who has
admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative
proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection
law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state
statute or local ordinance, which governs the payment of wages, for a period of five (5) years
from the date of the last conviction, entry of plea, administrative finding or admission of guilt. The
Wage Theft Policy does not apply to emergency purchases of goods and services, emergency
construction or public improvement work, sole source contracts excepted by the City’s
purchasing manual, cooperative/piggyback purchasing or contracts with other governmental
entities.
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B. Insurance
1) Insurance Requirements. When required, the successful Vendor shall provide insurance as
follows:
• Certificate of Insurance; Cancellation or Modification
1. Before commencing work, the Contractor shall submit to the City for approval of a
Certificate of Insurance meeting all requirements specified herein, to be in effect for
the full contract period.
2. The Contractor shall notify the City in writing at least thirty (30) calendar days prior
to any change or cancellation of said policy or policies.
3. Cancellation or modification of said policy or policies shall be considered just cause
for the City of Iowa City to immediately cancel the contract and/or to halt on the
contract, and to withhold payment for any work performed on the contract.
4. The policy shall be primary in payment, not excess or contingent, regardless of any
other coverage available to the City.
• Minimum Coverage
Any policy or policies of insurance purchased by the Contractor to satisfy his/her
responsibilities under this contract shall include contractual liability coverage, and shall
be in the following type and minimum amounts:
Insurance Requirements
Informal Project Specs: Class I (under $1 Million)
Type of Coverage Each
Occurrence Aggregate
a. Comprehensive General Liability
(1) Bodily Injury & Property Damage $500,000 $1,000,000
b. Automobile Liability Combined Single Limit
(1) Bodily Injury & Property Damage $500,000
c. Worker’s Compensation Insurance as required by Chapter 85, Code of Iowa.
The City requires that the Contractor’s Insurance carrier be “A” rated or better by A.M.
Best.
Additionally Required:
Errors & Omissions $500,000
C. Specifications
1) Formal Specifications. The Vendor shall abide by and comply with the true intent of the
specifications (i.e., not take advantage of any unintentional error or omission and bring this
information to the attention of the City). Whenever mention herein is made of a service to be
provided in accordance with laws, ordinances, building codes, underwriters' codes or similar
expressions, the requirements of these laws, ordinances, etc., shall be construed as the minimum
requirements of the specifications.
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The absence of a written list of deviations submitted with the proposal shall hold the Vendor
strictly accountable to the City and to the specifications as written. Any unauthorized deviation
from the specifications may be grounds for rejection of the service when delivered.
2) Proposed Alternate. When an item is identified in the bid document by a manufacturer's name or
catalog number, it is understood that the Vendor proposes to furnish the commodity and/or
service so identified by the City unless the Vendor specifically proposes an alternate. In bidding
on a proposed alternate, the Vendor shall clearly state on his/her bid exactly what he/she proposes
to furnish, and forward with his/her bid, a complete description of the proposed alternate,
including brand, model number, drawings, performance and test data, references, and any other
information necessary for a complete evaluation. Vendor shall include a statement setting forth
any changes in other materials, equipment, or other work which would be required by
incorporation of the proposed alternate. The burden of proof of the merit of the proposed alternate
is upon the Vendor.
The City's decision to approve or disapprove of a proposed alternate shall be final.
3) Qualifications, Credentials and References. The Vendor shall provide a description of
qualifications, credentials, experience, and resources as they relate to the provision of the
proposal. The Vendor shall also provide a list of clients for whom similar work has been
performed within the last two years, including the firm, contact person, address, and phone
number of each contact person.
4) Addendum to Specifications. Any substantive interpretation, correction or change of the
proposal documents shall be made by written addendum. Unless otherwise specified the
addendum will be posted to the City of Iowa City website: https://icgov.org/purchasing-bids.
Vendors are required to visit the City’s website periodically for any and all addendums or other
pertinent information regarding this opportunity. It is the Vendor's sole responsibility to check
daily for Addenda to posted documents.
Interpretation, corrections or changes of the proposal documents made in any other manner shall
not be binding. Such interpretations, corrections or changes shall not be relied upon by Vendor.
Any addenda shall be issued by the City within a reasonable time prior to the proposal date. It is
the Vendor’s responsibility to visit this web-site to ensure that they have received all important
addenda or revisions to the Request for Proposal prior to bidding.
5) Receipt of One Proposal. In the event only one proposal is received, the City of Iowa City may
require that the successful vendor submit a cost proposal in sufficient detail for the City to
perform a cost/price analysis to determine if the proposal price is fair and reasonable.
D. Selection of Firm
1) Rejection of Proposals. The City reserves the right to accept or reject any or all proposals, to
waive irregularities and technicalities, and to request resubmission. The City also reserves the
right to reject the proposal of any Vendor who has previously failed to perform properly or
complete on time contracts of a similar nature, or a proposal from a Vendor who, investigation
shows, is not in a position to satisfactorily and timely perform the contract.
2) Selection. The City desires to enter into negotiations and ultimately reach an agreement with a
Vendor who demonstrates the best combination of attributes to conduct the project, and who also
negotiates a project cost with the City that is fair and reasonable. The City may conduct
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discussions with any Vendor who has submitted a proposal to determine qualifications, for further
consideration. Since the initial review by the City will be deemed preliminary in nature, the
document and process will be deemed confidential until such time as the successful Vendor is
selected. Criteria for selection will include but not be limited to:
• The quality, availability, adaptability and life cycle costing of the commodities and/or
service.
• Guarantees and warranties.
• Ability, capacity and skill to provide the commodities and/or service required within the
specified time.
• Ability to provide future maintenance and service.
• Character, integrity, reputation, experience and efficiency.
• Quality of performance of previous and/or existing contracts.
• Previous and existing compliance with laws and ordinances relating to contracts with the
City and to the Vendor’s employment practices.
• Whether the Vendor is in arrears to the City, in debt on a contract or is a defaulter on
surety to the City.
• If reasonable doubts arise as to Vendor's solvency, the City reserves the right to require
financial information sufficient to show solvency and/or require a performance bond.
• Such other relevant information as may be secured by the City.
• Cost estimate; the City is not required to accept the proposal with the lowest cost
estimate.
Once the City has reached an agreement with the Vendor, a purchase order will be issued to the
awardee. The purchase order will define the conditions of the contract between the City and the
contractor selected to receive the award.
3) Corrections to Submitted Proposal. Any changes that are made to this proposal using correction
fluid, writing utensils, etc. before submission must be dated and initialed in each area that a
change was made.
4) Pricing Requirements. All pricing submitted by the Vendor shall be indicated in both words and
figures. (Ex. $200.50, Two hundred dollars and fifty cents).
5) Presentations. When required and based on an evaluation of proposals submitted, the City may
select finalists who will be required to participate in interviews, including key personnel
designated for the proposal, and to make presentations regarding their qualifications and their
ability to furnish the required service to best serve the needs of the City.
Formal presentations will be scored and evaluated by a committee. The evaluation committee
will make a recommendation to the City Manager and if required, to the City Council for final
approval. Nothing in the proposal can obligate the City to enter into a contract.
6) Errors in Proposal. Any ambiguity in any proposal as a result of omission, error, lack of clarity or
noncompliance by the Vendor with specifications, instructions and conditions shall be construed
in the light most favorable to the City. Changes in proposals shall be initialed and dated.
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E. General Contract Provisions
1) Contract Award. Upon City's selection and satisfactory negotiation between City and Vendor on
the work to be performed, a written award in the form of a Purchase Order, contract or other
instrument shall result in a binding contract without further action by either party. The contract
shall be on forms provided by the City; or if the Vendor's contract document is used, the City
reserves the right to modify any document to conform to the request for proposal and to do so in
the light most favorable to the City.
2) Insurance. Current Certificate of Insurance in the amounts specified shall be on file with the City
before work can commence.
3) Availability of Funds. A contract shall be deemed valid only to the extent of appropriations
available to each project. The City's extended obligation on these contracts which envision
extended funding through successive fiscal periods shall be contingent upon actual appropriation
for the following fiscal year.
4) Change in Laws: In the event of a change in law that frustrates the goals of the City relative to
this contract, the City will be entitled to terminate the contract upon written notification to the
vendor without cost or penalty to the City.
5) Contract Alterations. The City reserves the right to make changes to the good and/or services to
be provided which are within the Scope of this Contract. No assignment, alteration, change, or
modification of the terms of this Contract shall be valid unless made in writing and agreed to by
both the City and the Vendor. The Vendor shall not commence any additional work or change the
scope of the goods and/or services provided until authorized in writing by the City. The Vendor
shall make no claim for additional compensation in the absence of a prior written approval and
amendment of this Contract executed by both the Vendor and the City. This Contract may only be
amended, supplemented or modified by a written document executed in the same manner as this
Agreement by the Purchasing Division.
6) Subletting of Contract. Vendor shall not assign, transfer, convey, sublet or otherwise dispose of
the contract or their right, title or interest therein, or their power to execute such contract to any
other person, firm or corporation without the prior written consent of the City, but in no case,
shall such consent relieve the Vendor from their obligations, or change the terms of the contract.
7) Contract Period. Contract shall remain in force for the full specified period and until all services
have been satisfactorily delivered and accepted and thereafter until all requirements and
conditions shall be met, unless:
• Extended upon written authorization of the City and accepted by contractor, for a period
negotiated and agreed upon by both parties, when in the best interest of the City.
• Terminated due to default, as described below.
8) Default. The contract may be cancelled or annulled by the City in whole or in part by written
notice of default to the Vendor upon non-performance, violation of contract terms, delivery
failure, bankruptcy or insolvency, or the making of an assignment for the benefit of creditors.
The City reserves the right to grant Contractor a specified cure period during which to cure or
remedy the default, which cure period shall be included in the written notice of default. If default
is not cured within the specified time, City reserves the right, but is not obligated to, extend the
17
cure period or City may deem the Contract terminated without further notice. In either event, the
defaulting Contractor (or his/her surety) shall be liable to the City for cost to the City in excess of
the defaulted contract price. Lack of knowledge by the Contractor will in no way be a cause for
relief from responsibility.
If the Contract is terminated, an award may then be made to the next qualified Vendor; or when
time is of the essence, services may be contracted in accordance with Emergency procedures.
9) Delivery Failures. Failure of a contractor to provide commodities and/or service within the time
specified, unless extended in writing by the City, or failure to replace rejected commodities
and/or service when so directed by the City shall constitute delivery failure. When such failure
occurs, the City reserves the right to cancel or adjust the contract, whichever is in the best interest
of the City. In either event, the City may purchase in the open market commodities and/or service
of comparable worth to replace the articles of service rejected or not delivered. On all such
purchases, the Contractor shall reimburse the City, within a reasonable time specified by the City,
for any expense incurred in excess of contract prices, or the City may deduct such amount from
monies owed the Contractor. If the contract is not cancelled, such purchases shall be deducted
from contract quantities. The City reserves the right to accept commodities and/or service
delivered which do not meet specifications or are substandard in quality, subject to an adjustment
in price to be determined by the City. Acceptance will be at the sole discretion of the City.
10) Force Majeure. The Contractor shall not be liable in damages for delivery failure when such
failure is the result of fire, flood, strike, and act of God, act of government, act of an alien enemy
or any other circumstances which, in the City's opinion, is beyond the control of the Contractor.
Under such circumstances, however, the City may at its discretion cancel the contract.
11) Indemnity. The Vendor shall indemnify, defend and hold harmless the City of Iowa City and its
officers, employees and agents from any and all liability, loss, cost, damage, and expense
(including reasonable attorney’s fees and court costs) resulting from, arising out of, or incurred by
reason of any claims, actions, or suits based upon or alleging bodily injury including death,
license, patent, or copyright infringement, or property damage rising out of or resulting from the
Vendor's operations under this Contract, whether such operations be by the Contractor or by any
Subcontractor or by anyone directly or indirectly employed by either.
Vendor is not, and shall not be deemed to be, an agent or employee of the City of Iowa City.
Responsibility for Damage Claims - It is specifically agreed between the parties executing this
contract that it is not intended by any of the provisions of any part of the contract documents to
create in the public or any member thereof a third party beneficiary hereunder, or to authorize
anyone not a party to this contract to maintain a suit for personal injuries or property damage
pursuant to the terms or provisions of this contract. It is understood that no subcontractor is a
third-party beneficiary to any contract between the Contracting Authority and the prime
contractor. Nothing in any special provision or any supplemental specification shall be construed
as eliminating or superseding the requirements of this section.
Vendor further agrees to:
• Save the City, its agents and employees harmless from liability of any nature or kind for
the use of any copy-right or non-copyright composition, secret process, license, patented
or unpatented invention, article, apparatus, or appliance, including any device or article
forming a part of the apparatus or appliance of which the Vendor is not the patentee,
18
assignee, licensee or owner, furnished or used in the performance of the contract.
• Obtain all permits and licenses required by city, state and federal governments and pay
all related fees. The Vendor shall also comply with all laws, ordinances, rules and
regulations of the City, State of Iowa and the Federal Government.
12) Anti-Discrimination. Vendor shall not discriminate against any person in employment or public
accommodation because of race, religion, color, creed, gender identity, sex, national origin,
sexual orientation, mental or physical disability, marital status or age. "Employment" shall
include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to
employment. "Public accommodation" shall include but not be limited to providing goods,
services, facilities, privileges and advantages to the public.
13) Choice of Law and Forum. The laws of the State of Iowa shall govern and determine all matters
arising out of or in connection with this proposal, including but not limited to any resulting
Contract, without regard to the conflict of law provisions of Iowa law. Any and all litigation
commenced in connection with this proposal or any resulting Contract shall be brought and
maintained solely in Johnson County District Court for the State of Iowa, Iowa City, Iowa, or in
the United States District Court for the Southern District of Iowa, Davenport Division,
Davenport, Iowa, wherever jurisdiction is appropriate. This provision shall not be construed as
waiving any immunity to suit or liability in State or Federal court, which may be available to the
City of Iowa City.
F. Payment Provisions
1) Payment Terms. Payment may be made only after inspection and acceptance by the using
department. Payment of balances shall be made only after approval and final acceptance by the
City.
2) Invoicing. Following acceptance of each payment term, payment shall be made within thirty (30)
calendar days from receipt of itemized invoice. Before City will pay any invoice, the invoice
must first include proposal number, department name, dollar amount, and any other pertinent
information. Submit invoice to:
1. Human Rights
2. Attn: Stefanie Bowers
3. City of Iowa City
4. 410 East Washington St
5. Iowa City, Iowa 52240
•
3) Withholding Payment. Consideration for withholding payment shall include faulty materials, or
workmanship, failure to meet delivery deadlines, and liens that have been filed, or evidence
indicating a possible filing of claims. In all cases, regulations and limitations imposed by the
Federal Government and State of Iowa shall prevail.
4) Taxes. The City of Iowa City is exempt from all Federal, State of Iowa and other states' taxes on
the purchase of commodities and services used by the City of Iowa City within the State of Iowa.
The Purchasing Division shall provide tax exemption certification to out of state suppliers as
required. Out of state taxes imposed on purchases of commodities and/or services which are used
within another state are applicable and subject to payment.
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Section Four – Reference Form
Provide a minimum of three (3) references from agencies that contracted with your company for similar
services. The City of Iowa City will not be accepted as a reference. The City reserves the right to
contact references to assist in awarding the contract. Note: This form (Section Six) must be included in
the vendor’s submitted proposal. All information listed below is required and must be completed.
1. Agency Name: _____________________________
Agency Contact & Title: _____________________________
Contact Phone Number: _____________________________
Agency Address: ____________________________
Date of Services: _____________________________
Description of Services Provided: _________________________________________________
_____________________________________________________________________________
2. Agency Name: _____________________________
Agency Contact & Title: _____________________________
Contact Phone Number: _____________________________
Agency Address: ____________________________
Date of Services: _____________________________
Description of Services Provided: _________________________________________________
_____________________________________________________________________________
3. Agency Name: _____________________________
Agency Contact & Title: _____________________________
Contact Phone Number: _____________________________
Agency Address: ____________________________
Date of Services: _____________________________
Description of Services Provided: _________________________________________________
_____________________________________________________________________________
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Section Five – Company Information Form
Note: This form must be completed by an authorized representative of the vendor and must be
included with the vendor’s submitted proposal. Any omission of fees required to complete each of the
locations listed below will be the responsibility of the vendor.
Exceptions, Deviations or other Agreements
Exceptions/Deviations to this Request for Proposal shall be taken below. Exceptions may not be added
to any submittals after the due date. If adequate space is not provided for exceptions/deviations, please
use a separate sheet of paper. If your company has no exceptions/deviations, please write “No
Exceptions" in the space provided. If you state no exceptions, you may not add your company’s
terms and conditions or any other documents to your submitted proposal or any submittals after
the proposal due date.
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_________________________________________________________________________________
Prohibited Interest
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
Your firm shall identify any relationship that has existed, or presently exists with the City of Iowa City
and its staff that may interfere with fair competition or may be a possible conflict of interest for either
party. If no relationship has existed or does not presently exist, the company must make this statement in
the space provided below (companies are subject to disqualification based on any potential for conflict of
interest as determined by the City of Iowa City).
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_________________________________________________________________________________
Liens, Unsatisfied Judgments, Disciplinary Actions
List any and all disciplinary actions, administrative proceedings, malpractice claims or other like
proceedings against your company or any of its personnel relating to your firm’s services that are current,
21
pending, or occurring in the last five (5) years. If your company has no liens, unsatisfied judgments, or
disciplinary actions that have occurred you must state this also.
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_________________________________________________________________________________
Voluntary Demographic Information
☐“Women owned business” means a business that is fifty-one percent or more owned,
operated, and actively managed by one or more women.
☐ “Minority-owned business” means a business that is fifty-one percent or more owned,
operated, and actively managed by one or more minority persons. "Minority" persons are persons who are
Asian, Black, Hispanic and Native American.
☐ “Service-disabled veteran-owned business” means a business that is fifty-one percent
or more owned, operated, and actively managed by one or more service-disabled veterans, as defined in
15 U.S.C. §632.
☐ None of the Above
Designated person(s) who can be contacted for information during the period of evaluation and for
prompt contract administration upon award of the contract. Provide the following information:
Name:
Phone Number:
E-mail Address: ______
The undersigned Vendor, having examined and determined the scope of this Request for Proposal, hereby
proposes to supply and deliver the proposed services as described in the proposal documents at the prices
set forth within.
The undersigned Vendor states that this proposal is made in conformity with the specifications and
qualifications contained herein. If there are any discrepancies or differences between any conditions of
the vendor’s proposal and the Request for Proposal prepared by the City of Iowa City, the City’s Request
for Proposal shall prevail.
The undersigned Vendor certifies that this proposal is made in good faith and without collusion or
connection with any other person or persons bidding on the project.
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Name of Firm: ___________________________________
Authorized Representative: ___________________________________
Signature of Representative: ___________________________________
Title of Authorized Representative: ___________________________________
Address: ___________________________________
City/State/Zip: ___________________________________
Phone Number: ___________________________________
E-Mail Address: ___________________________________
Date Signed: ___________________________________
Addenda Form
The undersigned hereby acknowledges receipt of the following applicable addenda:
Addenda Number Date
_________________________________ ________________________________
_________________________________ ________________________________
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Section Six - City of Iowa City Wage Theft Policy
It is the policy of the City of Iowa City, as expressed by City Council Resolution No. 15-364 adopted on
November 10, 2015, not to enter into certain contracts with, or provide discretionary economic
development assistance to, any person or entity (including an owner of more than 25% of the entity) who
has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative
proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the
Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local
ordinance, which governs the payment of wages, for a period of five (5) years from the date of the last
conviction, entry of plea, administrative finding or admission of guilt. (hereinafter “Wage Theft Policy”)
1) Application. The Wage Theft Policy applies to the following:
a. Contracts in excess of $25,000 for goods, services or public improvements.
b. Contracts for discretionary economic development assistance. “Discretionary” economic
development assistance shall mean any economic development assistance provided by the City of
Iowa City that is not required by law.
2) Exceptions. The Wage Theft Policy does not apply to emergency purchases of goods and services,
emergency construction or public improvement work, sole source contracts excepted by the City’s
purchasing manual, cooperative/piggyback purchasing or contracts with other governmental entities.
3) Affidavit. The contracting entity must complete the attached affidavit showing compliance with
the Wage Theft Policy and submit it along with the request for bid or request for proposal
required documents.
4) Contract provision: Any contract to which this policy is applicable will include the following
contract provision: If the City becomes aware that a person or entity (including an owner of more than
25% of the entity) has admitted guilt or liability or been adjudicated guilty or liable in any judicial or
administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment
Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any
comparable state statute or local ordinance, which governs the payment of wages, within the five (5)
year period prior to the award or at any time after the award, such violation shall constitute a default
under the contract.
5) Waivers. If a person or entity is ineligible to contract with the City as a result of the Wage Theft
Policy, it may submit a request in writing indicating that one or more of the following actions have been
taken:
a. There has been a bona fide change in ownership or control of the ineligible person or entity;
b. Disciplinary action has been taken against the individual(s) responsible for the acts giving rise to the
violation(s);
c. Remedial action has been taken to prevent a recurrence of the acts giving rise to the disqualification
or default; or
d. Other factors that the person or entity believes are relevant.
The City Manager or Designee shall review the documentation submitted, make any inquiries deemed
necessary, request additional documentation if warranted and determine whether a reduction in the
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ineligibility period or waiver is warranted. Should the City Manager or Designee determine that a reduction
or waiver of the ineligibility period is warranted the City Manager or Designee shall make such
recommendation to the City Council. The City Council will make a final decision as to whether to grant a
reduction or waiver.
Wage Theft Affidavit
State of )
) ss:
County )
I, , upon being duly sworn, state as follows:
1. I am the (position) of ______
(“contracting entity”) and have the authority to execute this affidavit on behalf of said contracting
entity and any person or entity with an ownership interest in said contracting entity of more than 25%.
2. Neither (contracting entity) nor any person or entity with an
ownership interest of more than 25% of said contracting entity has been adjudicated guilty or liable in
any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa
Wage Payment Collection Law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act
or any comparable state statue of local ordinance, which governs the payment of wages in the last 5
years.
Signature
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Section Seven – Sample Consultant Agreement
This Agreement, made and entered into this ___________ day of ____________________,
______________, by and between the City of Iowa City, a municipal corporation, hereinafter
referred to as the City and _____________________, of _____________________, hereinafter
referred to as the Consultant.
Brief Project Description Beginning with “Whereas”
Now Therefore, it is agreed by and between the parties hereto that the City does now contract with
the Consultant to provide services as set forth herein.
I. Scope of Services
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
Describe Scope of Services
II. Time of Completion
The Consultant shall complete the following phases of the Project in accordance with the schedule
shown.
Present Schedule of Services
III. Compensation for Services
Describe Compensation
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.
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1. To discharge or refuse to hire any individual because of their race, color, religion,
sex, national origin, disability, age, marital status, gender identity, or sexual
orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin, disability,
age, marital status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work and
services performed up to the time of termination. 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. Reserved
I. Reserved
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
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effect.
L. Reserved
M. Reserved
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.
1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and
hold harmless the City against any and all claims, demands, suits, loss, expenses,
including attorney’s fees, and for any damages which may be asserted, claimed
or recovered against or from the City by reason of personal injury, including
bodily injury or death, and property damages, including loss of use thereof,
caused by Consultant's negligent acts, errors or omissions in performing the work
and/or services provided by Consultant to the City pursuant to the provisions of
this Agreement.
2. Consultant assumes full responsibility for any and all damage or injuries which
may result to any person or property by reason of Consultant's negligent acts,
errors or omissions in connection with the work and/or services provided by
Consultant to the City pursuant to this Agreement, and agrees to pay the City for
all damages caused to the City's premises resulting from the negligent acts, errors
or omissions of Consultant.
3. The Consultant’s obligation to indemnify the City shall not include the obligation
to indemnify, hold harmless, or defend the City against lability, claims, damages,
losses, or expenses, including attorney fees, to the extent caused by or resulting
from the negligent act, error, or omission of the City.
4. For purposes of this paragraph, the term "Consultant" means and includes the
Consultant, its officers, agents, employees, sub-consultants, and others for
whom Consultant is legally liable, and the term “City” means and includes the
City of Iowa City, Iowa its Mayor, City Council members, employees, and
volunteers.
P. Insurance
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1. 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 $500,000 Per
Claim, $500,000 Annual Aggregate, or a $500,000 Combined Single Limit. To the
fullest extent permitted by applicable state law, a Waiver of Subrogation Clause
(endorsement) shall be added.
2. Consultant agrees to provide the City a certificate of insurance evidencing that all
coverages, limits and endorsements required herein are maintained and in full force
and effect, and certificates of Insurance shall provide a minimum thirty (30) day
endeavor to notify, when available by Consultant’s insurer. If the Consultant
receives a non-renewal or cancellation notice from an insurance carrier affording
coverage required herein, or receives notice that coverage no longer complies with
the insurance requirements herein, Consultant agrees to notify the City within five
(5) business days with a copy of the non-renewal or cancellation notice.
Q. Standard of Care.
1. The Consultant shall perform services for, and furnish deliverables to, the City
pertaining to the Project as set forth in this Agreement. The Consultant shall
possess a degree of learning, care and skill ordinarily possessed by reputable
professionals, practicing in this area under similar circumstances The Consultant
shall use reasonable diligence and professional judgment in the exercise of skill
and application of learning.
2. All provisions of this Agreement shall be reconciled in accordance with the
generally accepted standards of the Appraisal Profession.
3. 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.
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For the City For the Consultant
By: By:
Title: Title:
Date: Date:
Attest:
Approved by:
City Attorney's Office
Date
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Section Eight – City of Iowa City Contract Compliance Document
(To be completed by awarded vendor only)
General Policy Statement
It is the policy of the City of Iowa City to require equal employment opportunity in all City Contract
work. This policy prohibits discrimination by the City’s contractors, consultants and vendors and requires
them to ensure that applicants seeking employment with them and their employees are treated equally
without regard to race, color, creed, religion, national origin, sex, gender identity, sexual orientation,
disability, marital status, and age.
It is the City’s intention to assist employers, who are City contractors, vendors or consultants, in
designing and implementing equal opportunity so that all citizens will be afforded equal accessibility and
opportunity to gain and maintain employment.
Provisions:
1. All contractors, vendors, and consultants requesting to do business with the City must submit an
Equal Opportunity Policy Statement before the execution of the contract.
2. All City contractors, vendors, and consultants with contracts of $25,000 or more (or less if
required by another governmental agency) must abide by the requirements of the City’s Contract
Compliance Program. Emergency contracts may be exempt from this provision at the discretion
of the City. Regardless of the value of the contract, all contractors, vendors, and consultants are
subject to the City’s Human Rights Ordinance, which is codified at Article 2 of the City Code.
3. Contracting departments are responsible for assuring that City contractors, vendors, and
consultants are made aware of the City’s Contract Compliance Program reporting responsibilities
and receive the appropriate reporting forms. A notification of requirements will be included in
any request for proposal and notice of bids.
4. Contracting departments are responsible for answering questions about contractor, consultant, and
vendor compliance during the course of the contract with the City.
5. All contractors, consultants and vendors must refrain from the use of any signs or designations
which are sexist in nature, such as those which state “Men Working” or “Flagman Ahead”, and
instead use gender neutral signs.
6. All contractors, consultants, and vendors must assure that their subcontractors abide by the City’s
Human Rights Ordinance. The City’s protected classes are listed at Iowa City City Code section
2-3-1.
Suggested steps to assure Equal Employment Opportunities
1. Company Policy
Determine your company’s policy regarding equal employment opportunities. Document the
policy and post it in a conspicuous place so that it is known to all your employees. Furthermore,
disseminate the policy to all potential sources of employees and to their subcontractors asking
their cooperation. The policy statement should recognize and accept their responsibility to
provide equal employment opportunity in all your employment practices. In regard to
dissemination of this policy, this can be done, for example, through the use of letters to all
recruitment sources and subcontractors, personal contacts, employee meetings, web page
postings, employee handbooks, and advertising.
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2. Equal Employment Opportunity Officer
Designate an equal employment opportunity officer or, at a minimum, assign someone the
responsibility of administering and promoting your company’s Equal Employment Opportunity
program. This person should have a position in your organization which emphasizes the
importance of the program.
3. Instruct Staff
Your staff should be aware of and be required to abide by your Equal Employment Opportunity
program. All employees authorized to hire, supervise, promote, or discharge employees or are
involved in such actions should be trained and required to comply with your policy and the
current equal employment opportunity laws.
4. Recruitment
(a) Let potential employees know you are an equal opportunity employer. This can be done by
identifying yourself on all recruitment advertising as “as equal opportunity employer”.
(b) Use recruitment sources that are likely to yield diverse applicant pools. Word-of-mouth
recruitment will only perpetuate the current composition of your workforce. Send recruitment
sources a letter annually which affirms your commitment to equal employment opportunity
and requests their assistance in helping you reach diverse applicant pools.
(c) Analyze and review your company’s recruitment procedures to identify and eliminate
discriminatory barriers.
(d) Select and train persons involved in the employment process to use objective standards and to
support equal employment opportunity goals.
(e) Review periodically job descriptions to make sure they accurately reflect major job functions.
Review education and experience requirements to make sure they accurately reflect the
requirements for successful job performance.
(f) Review the job application to insure that only job related questions are asked. Ask yourself
“Is this information necessary to judge an applicant’s ability to perform the job applied for?”
Only use job-related tests which do not adversely affect any particular group of people.
(g) Monitor interviews carefully. Prepare interview questions in advance to assure they are only
job related. Train your interviewers on discrimination laws. Biased and subjective judgments
in personal interviews can be a major source of discrimination
(h) Improve hiring and selection procedures and use non-biased promotion, transfer and training
policies to increase and/or improve the diversity of your workforce representation.
Companies must make sure procedures for selecting candidates for promotion, transfer and
training are based upon a fair assessment of an employee’s ability and work record.
Furthermore, al companies should post and otherwise publicize all job promotional
opportunities and encourage all qualified employees to bid on them.
Below for your information is a copy of Section 2-3-1 of the Iowa City Code of Ordinances which
prohibits certain discriminatory practices in employment as well as a sample policy. Please note that the
protected characteristics include some not mandated for protection by Federal or State law. As a
contractor, consultant or vendor doing business with the City of Iowa City you are required to abide by
the provisions of the local ordinance in conjunction with your performance under a contract with the City.
2-3-1: Employment; Exceptions:
A. It shall be unlawful for any employer to refuse to hire, accept, register, classify, promote or refer
for employment, or to otherwise discriminate in employment against any other person or to
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discharge any employee because of age, color, creed, disability, gender identity, marital status,
national origin, race, religion, sex or sexual orientation. (Ord. 03-4105, 12-16-2003)
B. It shall be unlawful for any labor organization to refuse to admit to membership, apprenticeship
or training an applicant, to expel any member, or to otherwise discriminate against any applicant
for membership, apprenticeship or training or any member in the privileges, rights or benefits of
such membership, apprenticeship or training because of age, color, creed, disability, gender
identity, marital status, national origin, race, religion, sex or sexual orientation of such applicant
or member.
C. It shall be unlawful for any employer, employment agency, labor organization or the employees
or members thereof to directly or indirectly advertise or in any other manner indicate or publicize
that individuals are unwelcome, objectionable or not solicited for employment or membership
because of age, creed, disability, gender identity, marital status, national origin, race, religion, sex
or sexual orientation. (Ord. 95-3697, 11-7-1995)
D. Employment policies relating to pregnancy and childbirth shall be governed by the following:
• A written or unwritten employment policy or practice which excludes from employment
applicants or employees because of the employee’s pregnancy is a prima facie violation
of this title.
• Disabilities caused or contributed to by the employee’s pregnancy, miscarriage, childbirth
and recovery therefrom are, for all job-related purposes, temporary disabilities and shall
be treated as such under any health or temporary disability insurance or sick leave plan
available in connection with employment or any written or unwritten employment
policies and practices involving terms and conditions of employment as applied to other
temporary disabilities.
E. It shall be unlawful for any person to solicit or require as a condition of employment of any
employee or prospective employee a test for the presence of the antibody to the human
immunodeficiency virus. An agreement between employer, employment agency, labor
organization or their employees, agents or members and an employee or prospective employee
concerning employment, par or benefits to an employee or prospective employee in return for
taking a test for the presence of the antibody to the human immunodeficiency virus is prohibited.
The prohibitions of this subsection do not apply if the state epidemiologist determines and the
director of public health declares through the utilization of guidelines established by the center for
disease control of the United States department of health and human services, that a person with a
condition related to acquired immune deficiency syndrome poses a significant risk of
transmission of the human immunodeficiency virus to other person in a specific occupation.
F. The following are exempted from the provision of this section:
• Any bona fide religious institution or its educational facility, association, corporation or
society with respect to any qualifications for employment based on religion when such
qualifications are related to a bona fide religious purpose. A religious qualification for
instructional personnel or an administrative officer, serving in a supervisory capacity of a
bona fide religious educational facility or religious institution shall be presumed to be a
bona fide occupational qualification. (Ord. 94-3647, 11-8-1994)
• An employer or employment agency which chooses to offer employment or advertise for
employment to only the disabled or elderly. Any such employment or offer of
employment shall not discriminate among the disabled or elderly on the basis of age,
color, creed, disability, gender identity, marital status, national origin, race, religion, sex
or sexual orientation. (Ord. 95-3697, 11-7-1995)
• The employment of individuals for work within the home of the employer if the employer
or members of the family reside therein during such employment.
• The employment of individuals to render personal service to the person of the employer
or members of the employer’s family. (Ord. 94-3647, 11-8-1994)
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• The employment on the basis of sex in those certain instances where sex is a bona fide
occupational qualification reasonably necessary to the normal operation of a particular
business or enterprise. The bona fide occupational qualification shall be interpreted
narrowly. (Ord. 03-4105, 12-16-2003)
• A state of federal program designed to benefit a specific age classification which serves a
bona fide public purpose. (Ord. 94-3647, 11-8-1994)
• The employment on the basis of disability in those certain instances where presence of
disability is a bona fide occupational qualification reasonably necessary to the normal
operation of a particular business or enterprise. The bona fide occupational qualification
shall be interpreted narrowly. (Ord. 03-4105, 12-16-2003)
• Any employer who regularly employees less than four (4) individuals. For purposes of
this section, individuals who are members of the employer’s family shall not be counted
as employees. (Ord. 08-4312, 8-11-2008)
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Sample: Equal Employment Opportunity Policy
To all employees of
This Company and its employees shall not discriminate against any employee or applicant for
employment based on his or her age, national origin, color, creed, disability, gender identity, marital
status, race, religion, sex or sexual orientation. The antidiscrimination policy extends to decision
involving hiring, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection of training, including
apprenticeship. Further, this Company and its employees will provide a working environment free from
such discrimination.
All employees are encouraged to refer minority and women applicants and applicants with disabilities for
employment.
The Equal Employment Opportunity Officer for is:
Name:
Address:
Telephone Number:
Note: This is a sample only. You may wish to confer with your EEO officer or legal counsel to
formulate a policy which specifically meets the needs of your company.
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Assurance of Compliance
The following sets forth the minimum requirements of a satisfactory Equal Employment Opportunity
Program which will be reviewed for acceptability.
With respect to the performance of this contract, the contractor, consultant or vendor agrees as follows:
(For the purposes of these minimum requirements, “contractor” shall include consultants and vendors)
1. The contractor will not discriminate against any employee or applicant for employment and will
take affirmative efforts to ensure applicants and employees are treated during employment
without regard to their race, color, creed, religion, national origin, sex, sexual orientation, gender
identity, disability, marital status, and age. Such efforts shall include, but not be limited to the
following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the contractor; state that it is an equal opportunity employer.
Note: Contracts that are federally funded are subject to Executive Order No. 11246, as amended, and the
regulations (see generally 29 U.S.C. § 1608 et seq.) and relevant orders of the U.S. Secretary of Labor.
The Secretary of Labor, and not the City, enforces said regulations and orders.
3. Provide a copy of your written Equal Employment Opportunity Policy Statement.
Where is this statement posted?
4. Print the name, telephone number, email and address of your business’ Equal Employment
Opportunity Officer?
Name:
Phone Number:
Email:
Address:
5. The undersigned agrees to display, in conspicuous places at the work site, all posters required by
federal and state law for the duration of the contract. NOTE: The City can provide assistance in
obtaining the necessary posters.
6. How does your business currently inform applicants, employees, and recruitment sources
(including unions) that you are an Equal Employment Opportunity employer?
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The above responses to questions 1 through 6 are true and correctly reflect our Equal Employment
Opportunity policies.
Business Name Phone Number
Signature Title
Print Name Date