HomeMy WebLinkAboutTRC 3 2 2023 Packet
Ad Hoc Truth and Reconciliation Commission Agenda
Thursday, March 2, 2023, 7 PM
Emma J. Harvat Hall
City Hall
410 E. Washington Street
In order to encourage input from the public, the Commission intends to offer the opportunity to
participate in the meeting remotely. However, this meeting is in-person, and those wishing to ensure
their ability to participate should attend the meeting in person. If you instead wish to participate
remotely, you may attempt to do so by joining the below link. Please note that the meeting link and ID
for the first Thursday of each month is different than the link and ID for the third Thursday of each
month.
First Thursday Meetings https://us06web.zoom.us/webinar/register/WN_cMIaaV6cTxGwOlWu2-hFHg
ID: 867 2424 8095
Third Thursday Meetings https://us06web.zoom.us/webinar/register/WN_lcIl8llPSRq1u0xPlL-1Ew
ID: 895 3695 0485
If you have no computer or smartphone, or a computer without a microphone, you can call in by phone
by dialing (312) 626-6799 and entering the meeting ID when prompted.
Meeting Agenda:
1. CALL TO ORDER
2. READING OF NATIVE AMERICAN LAND ACKNOWLEDGEMENT
3. APPROVAL OF MEETING MINUTES FROM FEBRUARY 2, 2023
4. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA (TRC MEMBERS SHALL NOT ENGAGE IN
DISCUSSION WITH THE PUBLIC CONCERNING SAID ITEMS)
5. FACILITATOR SERVICES DRAFT CONTRACT REVIEW
6. CORRESPONDENCE
7. ICCSD ELEMENTARY SCHOOL PERFORMANCE INCIDENT
8. A PRACTICAL GUIDE TO PLANNING COLLABORATIVE INITIATIVES TO ADVANCE RACIAL EQUITY
SECTION EDITION 2022 DISCUSSION
9. ANDRE WRIGHT’S PROPOSAL
10. ANNOUNCEMENTS OF COMMISSIONERS/STAFF (TRC MEMBERS SHALL NOT ENGAGE IN
DISCUSSION WITH ONE ANOTHER CONCERNING SAID ANNOUNCEMENTS)
11. ADJOURNMENT
MEETING PACKET CONTENTS:
1. NATIVE AMERICAN LAND ACKNOWLEDGMENT
2. DRAFT MEETING MINUTES (FEBRUARY 2, 2023)
3. FOUR DRAFT CONTRACTS
4. RESPONSES (FEBRUARY 3, 2023) TRC CONSULTANT AGREEMENT CLARIFICATIONS
5. PROPOPSAL FACILITATOR (FEBRUARY 3, 2023)
6. CORRESPONDENCE FROM COALITION TO ABOLISH PRISON SLAVERY AT UI
If you will need a disability-related accommodation to participate in this meeting please
contact the Equity Director, Stefanie Bowers, at 319-356-5022 or at stefanie-bowers@iowa-
city.org. Early requests are strongly encouraged to allow sufficient time to meet your
accessibility needs.
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February 2, 2023
Draft Ad Hoc Truth and Reconciliation Commission (TRC) Minutes
Emma J. Harvat Hall, City Hall
Commissioners present: Mohamed Traore, Chastity Dillard, Sikowis Nobiss (on Zoom) Wangui
Gathua, Marie Krebs, Lauren Merritt, Kevo Rivera, Eric Harris (on Zoom), Clif Johnson.
Commissioners absent: None.
Staff present: Stefanie Bowers.
Community members who spoke at the meeting: None.
Recommendation to City Council: No.
Meeting called to order: 7:08 pm.
Reading of Native American Land Acknowledgement: Dillard read the Land Acknowledgement.
Approval of Minutes from January 19, 2023: Merritt moved, and Rivera seconded.
Motion passed 7-0. (Johnson, Traore not present for vote).
Public Comment of Items not on the Agenda: None.
ICCSD Elementary School Performance Incident: Commission members plan on attending the
Iowa City School Board meeting of January 24 to discuss the school performance incident.
Facilitator Services Proposal: Annie Tucker reported that all the proposed facilitators are working
on responding to the questions from the city. The timeline to return the response is Friday,
February 3 at the latest Monday, February 6. Angie Jordan will still be a part of the proposed
facilitator group, but her responsibilities have been scaled back.
Books and Materials Sent by Divided Communities: This item was skipped and will be discussed
at the next TRC meeting date.
Correspondence: Commissioners spoke on correspondence they received from Coalition to
Abolish Prison Slavery at UI (CAPS). Dillard will reach out to CAPS to gather more information on
the allegation and ask to the commission. This item will be placed on the next agenda for the
commission to further discuss.
Follow up on Testimony from the Meeting of January 19, 2023: Based upon the testimony from
the last meeting the commission decided to provide this information to the proposed facilitators
as its first case for conciliation/reconciliation.
ICCSD Elementary School Performance Incident: Members of the commission were present at
the most recent ICCSD board of directors public meeting and spoke out against the incident. The
comments included others who have experienced negative behavior on behalf of the school
district. These incidents will be placed on a future ICCSD board of directors public meeting. The
Daily Iowan recently published an article on the letter sent to ICCSD.
Commission Announcements: Harris noted that he recently received a donation of suits and will
have them available to community members who may be in need of a suit. Dillard accepted the
Black History Month Proclamation from Johnson County on behalf of the commission. Staff will
place the proclamation on the commission’s website when the new city website debuts. Johnson
thanked the Iowa City Council for amending current city law to allow for the Golden Gloves event
that will be held at The Graduate later this year. Rivera wished all, a Happy Black History Month.
Adjourned: 7:53 PM.
City Board and Commission meetings are recorded and can be viewed in their entirety by
visiting this link.
AD HOC TRUTH & RECONCILIATION COMMISSION
ATTENDANCE RECORD
YEAR 2023
(Meeting Date)
NAME
TERM
EXP.
1/5 1/19 2/2 2/16 3/2 3/16 4/6 4/20 5/4 5/18 6/1 6/15
Dillard 6/23 P P P
Gathua 6/23 A P P
Harris 6/23 P P P
Johnson 6/23 P A P
Krebs 6/23 P P P
Merritt 6/23 P P P
Nobiss 6/23 P A P
Rivera 6/23 P A P
Traore 6/23 P P P
KEY: P = Present
A = Absent
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this ___________ day of ____________________, 2023, by and between the City of Iowa City, a municipal corporation (hereinafter, “the City”), and Think Peace, an initiative of the Mary Hoch Foundation Ltd., (hereinafter, “Consultants”.) Whereas, on September 15, 2020, the Iowa City Council passed Resolution 20-228, establishing the Ad Hoc Truth and Reconciliation Commission (hereinafter, the “TRC”); and Whereas, that resolution called for the TRC “to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for dedicating and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter movement”; and
Whereas, that resolution also indicated that “[t]he TRC shall be facilitated by an independent consultant, funded by the City, with expertise in group facilitation and human rights, and to the extent possible, experience with diversity, implicit bias, mediation and conflict resolution, until such
time as the TRC concludes by the favorable vote of at least three-fourths of all the members of the TRC (7/9) that facilitation is no longer needed.”; and Whereas, Consultants possess said expertise, and are willing to contract with the City to assist the TRC in achieving their mandate; and Whereas, Consultants have proposed to perform the Scope of Services below in collaboration with several other consultants, and agree to do so. Now therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultants to provide services as set forth herein. I. SCOPE OF SERVICES
Consultants agree to perform the following services for the City, and to do so in a timely and satisfactory manner. Consultants have proposed being part of a team with other consultants, all working to achieve the goals described in Iowa City Council Resolution 20-228. The collective
scope of services of Consultants and the other consultants proposing and working as a team is attached as Exhibit “A” and incorporated herein by this reference. In the event of conflict between this Agreement and Exhibit A, this Agreement shall control. The Consultants are responsible for the scope of services assigned to “Think Peace” in Exhibit A. Additional Details: Consultants shall attend and participate in consultant coordination meetings that take place outside of TRC meetings. Consultants shall attend TRC meetings either in-person or remotely. Consultants will make a series of trips to Iowa City to assist in the work of the TRC. Those trips will include, but not be limited to, the following work:
• First trip (three experts): Will implement a training seminar on key elements of transitional
justice, including comparative experiences on other truth commissions, and steps to
discharge the mandate of the Iowa City TRC in the areas of truth-seeking, fact-finding,
and reconciliation.
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• Second trip (one expert): Develop the design and organization of TRC public events: this
includes skills such as supporting the survivors’ narratives, deep listening, restorative and
healing practices, and trauma sensitivity training.
• Trips three to five (one expert each): Will continue supporting the organization of TRC
events and to accompany those events as they are implemented (for truth-telling, fact
finding or reconciliation). In these trips Consultants will help synthesize the information
and data that will be collected by the TRC.
Deliverables: Consultants will prepare written products, including:
• Educational materials for the training session
• Memos on the organization of the TRC events, including a primer on conducting truth
commission hearings.
• A glossary on key concepts to be used in the process (about inter alia transitional
justice, restorative justice, trauma healing, reconciliation, comparative experiences).
II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the
schedule shown. The facilitated services (hereinafter, the “Services”) of the TRC are to commence upon a start date (hereinafter, “Start Date”), to be set by the TRC in collaboration with the Consultants and all other consultants involved. The Services shall be completed on the following schedule: 1. Phase One: No later than three (3) months from the Start Date. 2. Phase Two: No later than four (4) months following completion of Phase One.
The completion date of each phase may, but is not required to, be extended by the TRC at the request of the Consultants. Any such extension must be approved in writing by the chair of the TRC. Any completion date extension shall not affect compensation paid to the Consultants for
services rendered unless written approval is granted by the Iowa City Council. III. COMPENSATION FOR SERVICES Consultants will charge monthly fees as contained in Exhibit “B”, incorporated herein by this reference. Said fees shall not to exceed $86,086, plus travel expenses not to exceed $10,083.50,
for a grand total not to exceed $96,169.50. Consultants may not exceed the figures above without written approval of a Change Order executed by City Council. Said fees include the hiring of a local facilitator (“hereinafter, Local Facilitator”) who will be hired by Consultants and paid by Consultant in accordance with Exhibit B. Local Facilitator’s employment status shall be determined by Consultants. Local Facilitator shall in no way be considered an employee of the City. IV General Terms A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts. 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.
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2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable
request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional affixed thereto as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue
in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant
shall be allowed to keep reproducible copies for the Consultant's own filing use.
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M. Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification. 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 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 $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state
law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing
that all coverages, limits and endorsements required herein are maintained
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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. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement.
3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession.
4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant.
R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of
the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum.
For the City By:________________________________
Title:_______________________________ Date:_______________________________ Approved by: ___________________________________
City Attorney’s Office
For the Consultants By:________________________________
Title:_______________________________ Date:_______________________________
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CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this ___________ day of ____________________,
2023, by and between the City of Iowa City, a municipal corporation (hereinafter, “the City”), and
Manape LaMere, Terry Medina, and Donnielle Wanatee of Three Native Partners, but signing in
their individual capacities, (hereinafter, “Consultants”.)
Whereas, on September 15, 2020, the Iowa City Council passed Resolution 20-228, establishing
the Ad Hoc Truth and Reconciliation Commission (hereinafter, the “TRC”); and
Whereas, that resolution called for the TRC “to bear witness to the truth of racial injustice in Iowa
City and to carry out restorative justice, through the collection of testimony and public hearings,
with such work to include a recommendation to the Council of a plan for dedicating and/or
renaming public spaces and/or rights of way in honor of the Black Lives Matter movement”; and
Whereas, that resolution also indicated that “[t]he TRC shall be facilitated by an independent
consultant, funded by the City, with expertise in group facilitation and human rights, and to the
extent possible, experience with diversity, implicit bias, mediation and conflict resolution, until such
time as the TRC concludes by the favorable vote of at least three-fourths of all the members of the
TRC (7/9) that facilitation is no longer needed.”; and
Whereas, Consultants possess said expertise, and are willing to contract with the City to assist
the TRC in achieving their mandate; and
Whereas, Consultants have proposed to perform the Scope of Services below in collaboration
with several other consultants, and agree to do so.
Now therefore, it is agreed by and between the parties hereto that the City does now contract with
the Consultants to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultants agree to perform the following services for the City, and to do so in a timely and
satisfactory manner. Consultants have proposed being part of a team with other consultants, all
working to achieve the goals described in Iowa City Council Resolution 20-228. The collective
scope of services of Consultants and the other consultants proposing and working as a team is
attached as Exhibit “A” and incorporated herein by this reference. In the event of conflict between
this Agreement and Exhibit A, this Agreement shall control. The Consultants are responsible for
the scope of services assigned to “Native Partners” in Exhibit A.
Deliverables: Consultants will be providing written guidance for providing talking circles. The
guidance will be based on circles Consultants will be offering to the community, as the TRC
requests. This guidance can be used in teaching local community members to provide circles
ongoingly, so people in the community and the community itself benefit from experiencing
circles.
II. TIME OF COMPLETION
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Section IV
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
The facilitated services (hereinafter, the “Services”) of the TRC are to commence upon a start
date (hereinafter, “Start Date”), to be set by the TRC in collaboration with the Consultants and all
other consultants involved. The Services shall be completed on the following schedule:
1. Phase One: No later than three (3) months from the Start Date.
2. Phase Two: No later than four (4) months following completion of Phase One.
The completion date of each phase may, but is not required to, be extended by the TRC at the
request of the Consultants. Any such extension must be approved in writing by the chair of the
TRC. Any completion date extension shall not affect compensation paid to the Consultants for
services rendered unless written approval is granted by the Iowa City Council.
III. COMPENSATION FOR SERVICES
Consultants will charge an hourly rate of $125 per partner for their Services. For Phase One
Services, total hourly compensation for each Consultant shall not exceed $_____, or a lump sum
of $____ for all three Consultants. For Phase Two Services, total hourly compensation for each
Consultant shall not exceed $_____, or a lump sum of $____ for all three Consultants. In
addition, Consultants shall be reimbursed for their mileage to and from Iowa City at the federal
reimbursement rate, not to exceed a total of $1,615.23 for all Phase One Services and an
additional $1,615.23 total for all Phase Two Services reimbursement, for all three Consultants.
Consultants shall not bill for their travel time. Lastly, Consultants shall be paid a total of $3,750 for
their joint production of their Final Recommendations, which shall be delivered in a formal, written
form.
Consultants may not exceed the figures above without written approval of a Change Order
executed by City Council.
Because Consultants are three individuals, not a separate legal entity, each Consultant shall
produce hourly records and travel reimbursement documentation so the City knows the
compensation amount to be paid to each Consultant.
IV General Terms
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
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. However, such sums shall
not be greater than the "lump sum" amount listed in Section III. The City may
terminate this Agreement upon seven (7) calendar days' written notice to the
Consultant.
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Section IV
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultant shall have the right to employ such assistance as
may be required for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by
the Consultant for the project shall be available by said City upon reasonable
request to the Consultant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings with the
seal of a licensed professional affixed thereto as required by Iowa law.
J. The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance with
this Agreement shall constitute grounds for the City to withhold payment of the
amount sufficient to properly complete the Project in accordance with this
Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and continue
in full force and effect.
L. Original contract drawings shall become the property of the City. The Consultant
shall be allowed to keep reproducible copies for the Consultant's own filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the City.
N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a contract
with the City, and certifies that no employee or officer of the City, which includes
members of the City Council and City boards and commissions, has an interest,
either direct or indirect, in this Agreement, that does not fall within the exceptions to
said statutory provision enumerated in Section 362.5.
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Section IV
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
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
$1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000
Combined Single Limit. To the fullest extent permitted by applicable state
law, a Waiver of Subrogation Clause (endorsement) shall be added.
2. Consultant agrees to provide the City a certificate of insurance evidencing
that all coverages, limits and endorsements required herein are maintained
and in full force and effect, and certificates of Insurance shall provide a
minimum thirty (30) day endeavor to notify, when available by Consultant’s
insurer. If the Consultant receives a non-renewal or cancellation notice
from an insurance carrier affording coverage required herein, or receives
notice that coverage no longer complies with the insurance requirements
herein, Consultant agrees to notify the City within five (5) business days
with a copy of the non-renewal or cancellation notice.
Q. Standard of Care.
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Section IV
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. Consultant represents that the Services and all its components shall be
free of defects caused by negligence; shall be performed in a manner
consistent with the standard of care of other professional service
providers in a similar Industry and application; shall conform to the
requirements of this Agreement; and shall be sufficient and suitable for
the purposes expressed in this Agreement.
3. All provisions of this Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
4. Consultant's obligations under this Section shall exist without regard to,
and shall not be construed to be waived by, the availability or
unavailability of any insurance, either of City or Consultant.
R. There are no other considerations or monies contingent upon or resulting from the
execution of this Agreement, it is the entire Agreement, and no other monies or
considerations have been solicited.
S. This Agreement shall be interpreted and enforced in accordance with the laws of
the State of Iowa. Any legal proceeding instituted with respect to this Agreement
shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The
parties hereto hereby submit to personal jurisdiction therein and irrevocably waive
any objection as to venue therein, including any argument that such proceeding
has been brought in an inconvenient forum.
For the City For the Consultants
By: By:
Manape LaMere
Title: Date: ,2023
Date:
By:
Terry Medina
Approved by: Date: ,2023
City Attorney's Office By:
Donnielle Wanatee
Date Date: ,2023
16
Kearns and West (Fact Finding)
August 1 - November 1 (13 weeks)
Role Principal
Rate 285.00$
1.a: Kickoff call (Phase 1 Kickoff Call with Client)0
1.b: Team Coordination & Project Management 2
1.c: Background Research 0
1.d: Consultant Team Coordination & Adaptive Management 0
1.e Client Coaching/Conflict Management & Recommendations for Moving Forward 0
Task 1 total hours 2
Task 1 total labor $570.00
Total - Task 1
2.a Fact Finding Process Design & Briefing 1
2.b Fact Finding Scope & Work Plan 1
2.c TRC Meeting Participation + Planning, Facilitation, and Summary of Meetings or Meeting
Segmentd dedicated to Fact Finding scoping.
0
Task 2 total hours 2
Task 2 total labor $570.00
Total - Task 2
Total Hours for all Tasks 4
Total Labor for all Tasks $1,140.00
Total Labor
Travel
Airfare to Iowa City -$
Task 1: Team Coordination, Project Management, Strategic Consultation
Task 2: TRC Activities & Fact Finding Facilitation
17
Hotel (2 nights)-$
Per Diem (meals/incidentals)-$
Travel time (billed at 50% of total)-$
Other Direct Costs
Travel total for all Tasks -$
Total Travel Costs -$
GRAND TOTAL $1,140.00
Phase Two Principal
Rate 285.00$
1.a: Kickoff call (Phase 2 Kickoff Call with Client)0
1.b: Team Coordination & Project Management 2
1.c: Background Research 0
1.d: Consultant Team Coordination & Adaptive Management 0
1.e Client Coaching/Conflict Management & Recommendations for Moving Forward 0
Task 1 total hours 2
Task 1 total labor $570.00
Total - Task 1
2.a Fact Finding Process Updates & Management 1
2.b TRC Meeting Participation + Planning, Facilitation, and Summary of Meetings or Meeting
Segmentd dedicated to Fact Finding scoping.
0
Task 2 total hours 1
Task 1: Team Coordination, Project Management, Strategic Consultation
Task 2: TRC Activities & Fact Finding Facilitation
18
Task 2 total labor $285.00
Total - Task 2
Total Hours for all Tasks 3
Total Labor for all Tasks $855.00
Total Labor
Travel
Airfare to Iowa City -$
Hotel (2 nights)-$
Per Diem (meals/incidentals)-$
Travel time (billed at 50% of total)-$
Other Direct Costs
Travel total for all Tasks -$
Total Travel Costs -$
GRAND TOTAL $855.00
Total Total
19
TOTAL K&W labor
hours
Sr Facilitator Associate
$205.00 $150.00
4 0 4
19 19 40
12 12 24
52 52 104
8 0 8
95 83 180
$19,475.00 $12,450.00 $32,495.00
$32,495.00
8 12 21
16 24 41
35.5 35.5 71
59.5 71.5 133
$12,197.50 $10,725.00 $23,492.50
$23,492.50
154.5 154.5 313
$31,672.50 $23,175.00 $55,987.50
$55,987.50
350.00$ 350.00$ 700.00$
Task 1: Team Coordination, Project Management, Strategic Consultation
Task 2: TRC Activities & Fact Finding Facilitation
20
192.00$ 192.00$ 384.00$
147.50$ 147.50$ 295.00$
1,332.50$ 975.00$ 2,307.50$
200.00$ 200.00$
2,222.00$ 1,664.50$ 3,886.50$
6,666.00$ 4,993.50$ 11,659.50$
$38,338.50 $28,168.50 $67,647.00
Sr Facilitator Associate
$205.00 $150.00
4 0 4
22 22 46
16 4 20
56 56 112
36 4 40
134 86 222
$27,470.00 $12,900.00 $40,940.00
$40,940.00
8 12 21
35.5 35.5 71
43.5 47.5 92
Task 1: Team Coordination, Project Management, Strategic Consultation
Task 2: TRC Activities & Fact Finding Facilitation
21
$8,917.50 $7,125.00 $16,327.50
$16,327.50
177.5 133.5 314
$36,387.50 $20,025.00 $57,267.50
$57,267.50
350.00$ 350.00$ 700.00$
192.00$ 192.00$ 384.00$
147.50$ 147.50$ 295.00$
1,332.50$ 975.00$ 2,307.50$
200.00$ 200.00$
2,222.00$ 1,664.50$ 3,886.50$
8,888.00$ 6,658.00$ 15,546.00$
$45,275.50 $26,683.00 $72,813.50
$140,460.50
22
Assumptions
Virtual 90-minute meeting hosted by the City, deep dive review of Phase 1 total activities and each partner activities,
identifying points of engagement / key decisions or outcomes by TRC/City. Includes the drafting of a week-by-week work Assumes 1 hour per week of K&W team internal coordination (13 hours each) and 2 hours per month for project
management / burn tracking / etc. Background research (including reviewing Iowa City reports, previous TRC materials, and relevant media articles -
assumes 4 hours per month) Assumes prep, participation, and follow up for weekly calls with full consulting team (2hrs x 13 calls) and 2 hours per
week for additional team calls / email coordination as needed across tasks. Assumes Angie leading consultant team Assumes 8 hours of consultation on recommendations for moving forward. Assumes strategic process design /
management consultation as needed to address emergent challenges, unexpected issues, TRC dynamics, etc.
Preparing a process diagram of the fact finding process including key decision points and benchmark activities. Briefing to
be delivered as Fact Finding process "kick off" during TRC meeting
Following TRC input, develop Fact Finding charter / work plan outlining key questions for the TRC to confirm to scope and
inform Fact Finding research. This document will be updated on a rolling basis and will be the final deliverable from the
Phase 1 Fact Finding activities. Will include defining scope of Fact finding, characteristics of acceptable data, outlining of
data sources, etc.
Includes participation in 7 TRC meetings at 2.5 hours per meeting (every other week, including pre-meeting team
coordination and post-meeting real time debrief as needed.) Includes more robust support for Fact Finding
agendas/topics, assuming an additional 6 hours of time for each of 3 meetings - heavier support includes additional
meeting prep time for agendas, facilitation plans, faciliation, and summary of TRC discussions / decisions to finalize Fact
Finding Work Plan (task 2b.)
Task 1: Team Coordination, Project Management, Strategic Consultation
Task 2: TRC Activities & Fact Finding Facilitation
23
Assumes three trips for face-to-face engagement among core team (Sr. Facilitator / Senior Associate) / TRC
meetings
Virtual 90-minute meeting hosted by the City, deep dive review of Phase 1 total activities and each partner activities,
identifying points of engagement / key decisions or outcomes by TRC/City. Includes the drafting of a week-by-week work
plan or gannt chart, assumes led by Angie / local partners.
Assumes 1 hour per week of K&W team internal coordination (14 hours each) and 2 hours per month for project
management / burn tracking / etc. Phase 2 includes fact finding liaison in team coordination.
Background research (including reviewing Iowa City reports, previous TRC materials, and relevant media articles -
assumes 4 hours per month)
Assumes prep, participation, and follow up for weekly calls with full consulting team (2hrs x 14 calls) and 2 hours per
week for additional team calls / email coordination as needed across tasks. Assumes Angie leading consultant team
coordination and agendas / notes from team calls, along with keeping work plan / gannt chart updated (if appropriate.)
Assumes 8 hours of consultation on recommendations for moving forward. Assumes strategic process design /
management consultation as needed to address emergent challenges, unexpected issues, TRC dynamics, etc.
Updating Fact Finding Scoping / Work Plan to reflect progress, updating process diagram as needed, highlighting any key
decision points to complete / calibrate / expand fact fining needs, and monitoring / briefing on key decision points and
benchmark activities.
Includes participation in 7 TRC meetings at 2.5 hours per meeting (every other week, including pre-meeting team
coordination and post-meeting real time debrief as needed.) Includes more robust support for Fact Finding
agendas/topics, assuming an additional 6 hours of time for each of 3 meetings - heavier support includes additional
meeting prep time for agendas, facilitation plans, faciliation, and summary of TRC discussions / decisions to finalize Fact
Finding Work Plan (task 2b.)
Task 1: Team Coordination, Project Management, Strategic Consultation
Task 2: TRC Activities & Fact Finding Facilitation
24
Assumes four trips for face-to-face engagement among core team (Sr. Facilitator / Senior Associate) / TRC
meetings
25
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this ___________ day of ____________________,
2023, by and between the City of Iowa City, a municipal corporation (hereinafter, “the City”), and
Astig Planning, LLC. and Mediation Services of Eastern Iowa, an Iowa domestic non-profit
corporation, (hereinafter, “Consultants”.)
Whereas, on September 15, 2020, the Iowa City Council passed Resolution 20-228, establishing
the Ad Hoc Truth and Reconciliation Commission (hereinafter, the “TRC”); and
Whereas, that resolution called for the TRC “to bear witness to the truth of racial injustice in Iowa
City and to carry out restorative justice, through the collection of testimony and public hearings,
with such work to include a recommendation to the Council of a plan for dedicating and/or
renaming public spaces and/or rights of way in honor of the Black Lives Matter movement”; and
Whereas, that resolution also indicated that “[t]he TRC shall be facilitated by an independent
consultant, funded by the City, with expertise in group facilitation and human rights, and to the
extent possible, experience with diversity, implicit bias, mediation and conflict resolution, until such
time as the TRC concludes by the favorable vote of at least three-fourths of all the members of the
TRC (7/9) that facilitation is no longer needed.”; and
Whereas, Consultants possess said expertise, and are willing to contract with the City to assist
the TRC in achieving their mandate; and
Whereas, Consultants have proposed to perform the Scope of Services below in collaboration
with several other consultants, and agree to do so.
Now therefore, it is agreed by and between the parties hereto that the City does now contract with
the Consultants to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultants agree to perform the following services for the City, and to do so in a timely and
satisfactory manner. Consultants have proposed being part of a team with other consultants, all
working to achieve the goals described in Iowa City Council Resolution 20-228. The collective
scope of services of Consultants and the other consultants proposing and working as a team is
attached as Exhibit “A” and incorporated herein by this reference. In the event of conflict between
this Agreement and Exhibit A, this Agreement shall control. The Consultants are responsible for
the scope of services assigned to “Healing Partners” in Exhibit A.
Additional Details: Consultants shall be responsible for recruitment of and payment of local groups
of facilitator/conveners/experts in their fields (hereinafter, “Local Groups.”) The sum total of
payments to the Local Groups shall not exceed $10,000. Consultants shall attend TRC meetings
either in-person or remotely and shall attend and participate in consultant coordination meetings
that take place outside of TRC meetings.
Deliverables: Consultants will prepare written products, including:
• A presentation to the City Council at the end of each phase of work
• Written Final Recommendations to Council
26
- 2 -
Section IV
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
The facilitated services (hereinafter, the “Services”) of the TRC are to commence upon a start
date (hereinafter, “Start Date”), to be set by the TRC in collaboration with the Consultants and all
other consultants involved. The Services shall be completed on the following schedule:
1. Phase One: No later than three (3) months from the Start Date.
2. Phase Two: No later than four (4) months following completion of Phase One.
The completion date of each phase may, but is not required to, be extended by the TRC at the
request of the Consultants. Any such extension must be approved in writing by the chair of the
TRC. Any completion date extension shall not affect compensation paid to the Consultants for
services rendered unless written approval is granted by the Iowa City Council.
III. COMPENSATION FOR SERVICES
Consultants will charge hourly fees as contained in Exhibit “B”, incorporated herein by this
reference. Said fees shall not to exceed $_________ for Phase One, $_________ for Phase
Two, $10,000 for the Local Groups, and ___________________for ___________________.
Grand total fees, inclusive of the Local Groups’ compensation, shall not exceed
$_________________. Consultants may not exceed the figures above without written approval of
a Change Order executed by City Council.
Mediation Services of Eastern Iowa shall not bill for their time spent at TRC meetings or at
Strategic Doing session.
IV General Terms
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
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. However, such sums shall
not be greater than the "lump sum" amount listed in Section III. The City may
terminate this Agreement upon seven (7) calendar days' written notice to the
Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be
27
- 3 -
Section IV
exclusive, but the Consultant shall have the right to employ such assistance as
may be required for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by
the Consultant for the project shall be available by said City upon reasonable
request to the Consultant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings with the
seal of a licensed professional affixed thereto as required by Iowa law.
J. The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance with
this Agreement shall constitute grounds for the City to withhold payment of the
amount sufficient to properly complete the Project in accordance with this
Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and continue
in full force and effect.
L. Original contract drawings shall become the property of the City. The Consultant
shall be allowed to keep reproducible copies for the Consultant's own filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the City.
N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a contract
with the City, and certifies that no employee or officer of the City, which includes
members of the City Council and City boards and commissions, has an interest,
either direct or indirect, in this Agreement, that does not fall within the exceptions to
said statutory provision enumerated in Section 362.5.
O. Indemnification.
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
28
- 4 -
Section IV
the City by reason of personal injury, including bodily injury or death, and
property damages, including loss of use thereof, caused by Consultant's
negligent acts, errors or omissions in performing the work and/or services
provided by Consultant to the City pursuant to the provisions of this
Agreement.
2. Consultant assumes full responsibility for any and all damage or injuries
which may result to any person or property by reason of Consultant's
negligent acts, errors or omissions in connection with the work and/or
services provided by Consultant to the City pursuant to this Agreement,
and agrees to pay the City for all damages caused to the City's premises
resulting from the negligent acts, errors or omissions of Consultant.
3. The Consultant’s obligation to indemnify the City shall not include the
obligation to indemnify, hold harmless, or defend the City against lability,
claims, damages, losses, or expenses, including attorney fees, to the
extent caused by or resulting from the negligent act, error, or omission of
the City.
4. For purposes of this paragraph, the term "Consultant" means and
includes the Consultant, its officers, agents, employees, sub-consultants,
and others for whom Consultant is legally liable, and the term “City”
means and includes the City of Iowa City, Iowa its Mayor, City Council
members, employees, and volunteers.
P. Insurance
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
$1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000
Combined Single Limit. To the fullest extent permitted by applicable state
law, a Waiver of Subrogation Clause (endorsement) shall be added.
2. Consultant agrees to provide the City a certificate of insurance evidencing
that all coverages, limits and endorsements required herein are maintained
and in full force and effect, and certificates of Insurance shall provide a
minimum thirty (30) day endeavor to notify, when available by Consultant’s
insurer. If the Consultant receives a non-renewal or cancellation notice
from an insurance carrier affording coverage required herein, or receives
notice that coverage no longer complies with the insurance requirements
herein, Consultant agrees to notify the City within five (5) business days
with a copy of the non-renewal or cancellation notice.
Q. Standard of Care.
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.
29
- 5 -
Section IV
2. Consultant represents that the Services and all its components shall be
free of defects caused by negligence; shall be performed in a manner
consistent with the standard of care of other professional service
providers in a similar Industry and application; shall conform to the
requirements of this Agreement; and shall be sufficient and suitable for
the purposes expressed in this Agreement.
3. All provisions of this Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
4. Consultant's obligations under this Section shall exist without regard to,
and shall not be construed to be waived by, the availability or
unavailability of any insurance, either of City or Consultant.
R. There are no other considerations or monies contingent upon or resulting from the
execution of this Agreement, it is the entire Agreement, and no other monies or
considerations have been solicited.
S. This Agreement shall be interpreted and enforced in accordance with the laws of
the State of Iowa. Any legal proceeding instituted with respect to this Agreement
shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The
parties hereto hereby submit to personal jurisdiction therein and irrevocably waive
any objection as to venue therein, including any argument that such proceeding
has been brought in an inconvenient forum.
For the City
By:________________________________
Title:_______________________________
Date:_______________________________
Approved by:
___________________________________
City Attorney’s Office
For the Consultants:
Astig Planning, LLC
By:________________________________
Title:_______________________________
Date:_______________________________
Mediation Services of Eastern Iowa
By:________________________________
Title:_______________________________
Date:_______________________________
30
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this ___________ day of ____________________,
2023, by and between the City of Iowa City, a municipal corporation (hereinafter, “the City”), and
Kerns and West, Inc., (hereinafter, “Consultants”.)
Whereas, on September 15, 2020, the Iowa City Council passed Resolution 20-228, establishing
the Ad Hoc Truth and Reconciliation Commission (hereinafter, the “TRC”); and
Whereas, that resolution called for the TRC “to bear witness to the truth of racial injustice in Iowa
City and to carry out restorative justice, through the collection of testimony and public hearings,
with such work to include a recommendation to the Council of a plan for dedicating and/or
renaming public spaces and/or rights of way in honor of the Black Lives Matter movement”; and
Whereas, that resolution also indicated that “[t]he TRC shall be facilitated by an independent
consultant, funded by the City, with expertise in group facilitation and human rights, and to the
extent possible, experience with diversity, implicit bias, mediation and conflict resolution, until such
time as the TRC concludes by the favorable vote of at least three-fourths of all the members of the
TRC (7/9) that facilitation is no longer needed.”; and
Whereas, Consultants possess said expertise, and are willing to contract with the City to assist
the TRC in achieving their mandate; and
Whereas, Consultants have proposed to perform the Scope of Services below in collaboration
with several other consultants, and agree to do so.
Now therefore, it is agreed by and between the parties hereto that the City does now contract with
the Consultants to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultants agree to perform the following services for the City, and to do so in a timely and
satisfactory manner. Consultants have proposed being part of a team with other consultants, all
working to achieve the goals described in Iowa City Council Resolution 20-228. The collective
scope of services of Consultants and the other consultants proposing and working as a team is
attached as Exhibit “A” and incorporated herein by this reference. In the event of conflict between
this Agreement and Exhibit A, this Agreement shall control. The Consultants are responsible for
the scope of services assigned to “Kerns and West” in Exhibit A.
Additional Details: Consultants shall assist in creating a job description for the “Community
Researcher” role, to be hired by the City. Consultants shall fulfill the role of Fact-Finding Data
Liaison. Consultants shall attend TRC meetings either in-person or remotely as necessary to
accomplish the tasks described in Exhibit A, as well as those described in the fee spreadsheet,
attached as Exhibit “B” and incorporated herein by this reference. Consultant shall attend and
participate in consultant coordination meetings that take place outside of TRC meetings.
Deliverables: Consultants will prepare written products, including:
• A presentation to the City Council at the end of each phase of work
• Written Final Recommendations to Council
31
- 2 -
Section IV
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
The facilitated services (hereinafter, the “Services”) of the TRC are to commence upon a start
date (hereinafter, “Start Date”), to be set by the TRC in collaboration with the Consultants and all
other consultants involved. The Services shall be completed on the following schedule:
1. Phase One: No later than three (3) months from the Start Date.
2. Phase Two: No later than four (4) months following completion of Phase One.
The completion date of each phase may, but is not required to, be extended by the TRC at the
request of the Consultants. Any such extension must be approved in writing by the chair of the
TRC. Any completion date extension shall not affect compensation paid to the Consultants for
services rendered unless written approval is granted by the Iowa City Council.
III. COMPENSATION FOR SERVICES
Consultants will charge hourly fees as contained in Exhibit B. Said fees shall not to exceed
$67,647 for Phase One or $72,813.50 for Phase Two, both inclusive of travel reimbursement.
Grand total fees, inclusive of travel reimbursement, shall not exceed $140,460.50. Consultants
may not exceed the figures above without written approval of a Change Order executed by City
Council.
IV General Terms
A. The Consultant shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts.
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. However, such sums shall
not be greater than the "lump sum" amount listed in Section III. The City may
terminate this Agreement upon seven (7) calendar days' written notice to the
Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties
hereto, provided that no assignment shall be without the written consent of all
Parties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the
purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultant shall have the right to employ such assistance as
may be required for the performance of the Project.
E. It is agreed by the City that all records and files pertaining to information needed by
the Consultant for the project shall be available by said City upon reasonable
32
- 3 -
Section IV
request to the Consultant. The City agrees to furnish all reasonable assistance in
the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any
state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City
shall be given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon
demand by the City, copies of all basic notes and sketches, charts, computations,
and any other data prepared or obtained by the Consultant pursuant to this
Agreement without cost, and without restrictions or limitation as to the use relative
to specific projects covered under this Agreement. In such event, the Consultant
shall not be liable for the City's use of such documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings with the
seal of a licensed professional affixed thereto as required by Iowa law.
J. The City agrees to tender the Consultant all fees in a timely manner, excepting,
however, that failure of the Consultant to satisfactorily perform in accordance with
this Agreement shall constitute grounds for the City to withhold payment of the
amount sufficient to properly complete the Project in accordance with this
Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the
remaining portion shall be deemed severable from the invalid portion and continue
in full force and effect.
L. Original contract drawings shall become the property of the City. The Consultant
shall be allowed to keep reproducible copies for the Consultant's own filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project
will be paid by the City.
N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a contract
with the City, and certifies that no employee or officer of the City, which includes
members of the City Council and City boards and commissions, has an interest,
either direct or indirect, in this Agreement, that does not fall within the exceptions to
said statutory provision enumerated in Section 362.5.
O. Indemnification.
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.
33
- 4 -
Section IV
2. Consultant assumes full responsibility for any and all damage or injuries
which may result to any person or property by reason of Consultant's
negligent acts, errors or omissions in connection with the work and/or
services provided by Consultant to the City pursuant to this Agreement,
and agrees to pay the City for all damages caused to the City's premises
resulting from the negligent acts, errors or omissions of Consultant.
3. The Consultant’s obligation to indemnify the City shall not include the
obligation to indemnify, hold harmless, or defend the City against lability,
claims, damages, losses, or expenses, including attorney fees, to the
extent caused by or resulting from the negligent act, error, or omission of
the City.
4. For purposes of this paragraph, the term "Consultant" means and
includes the Consultant, its officers, agents, employees, sub-consultants,
and others for whom Consultant is legally liable, and the term “City”
means and includes the City of Iowa City, Iowa its Mayor, City Council
members, employees, and volunteers.
P. Insurance
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
$1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000
Combined Single Limit. To the fullest extent permitted by applicable state
law, a Waiver of Subrogation Clause (endorsement) shall be added.
2. Consultant agrees to provide the City a certificate of insurance evidencing
that all coverages, limits and endorsements required herein are maintained
and in full force and effect, and certificates of Insurance shall provide a
minimum thirty (30) day endeavor to notify, when available by Consultant’s
insurer. If the Consultant receives a non-renewal or cancellation notice
from an insurance carrier affording coverage required herein, or receives
notice that coverage no longer complies with the insurance requirements
herein, Consultant agrees to notify the City within five (5) business days
with a copy of the non-renewal or cancellation notice.
Q. Standard of Care.
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. Consultant represents that the Services and all its components shall be
free of defects caused by negligence; shall be performed in a manner
consistent with the standard of care of other professional service
providers in a similar Industry and application; shall conform to the
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Section IV
requirements of this Agreement; and shall be sufficient and suitable for
the purposes expressed in this Agreement.
3. All provisions of this Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
4. Consultant's obligations under this Section shall exist without regard to,
and shall not be construed to be waived by, the availability or
unavailability of any insurance, either of City or Consultant.
R. There are no other considerations or monies contingent upon or resulting from the
execution of this Agreement, it is the entire Agreement, and no other monies or
considerations have been solicited.
S. This Agreement shall be interpreted and enforced in accordance with the laws of
the State of Iowa. Any legal proceeding instituted with respect to this Agreement
shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The
parties hereto hereby submit to personal jurisdiction therein and irrevocably waive
any objection as to venue therein, including any argument that such proceeding
has been brought in an inconvenient forum.
For the City
By:________________________________
Title:_______________________________
Date:_______________________________
Approved by:
___________________________________
City Attorney’s Office
For the Consultants:
Kerns & West
By:________________________________
Title:_______________________________
Date:_______________________________
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1
Proposal Summary
This proposal is actually a set of four proposals from four different groups: Think Peace,
Kearns and West, Three Native Partners, and the Healing Partners Team (Banjo Knits
Empowerment, Astig Planning, and Mediation Services of Eastern Iowa). These are all being
proposed together after several months of our groups collaborating and engaging with the TRC.
We recognize that the skills and expertise of each group are interdependent and are
necessary components to continue the important work of the TRC per Iowa City Council’s
Resolution No. 20-228.
This proposal offers a community-led framework for moving at the speed of trust and
building lasting and authentic relationships throughout the Truth and Reconciliation process.
We seek an organic process that nurtures authenticity within the community while building our
local capacity. Our teams prioritize intentional reflection and evaluation, which will provide
the TRC and community partners an opportunity to improve processes/practices and gain clarity
on the next phase or next steps.
Phased Approach
In order to co-create a framework and process that reflects intentionality, it is important to
include more local partners and to have a phased approach from which to evaluate
progress. We recognize that white culture normalizes and expects processes that are neat and
tidy, and although this is a phased approach, we recognize from the outset that there is a lot of
potential for overlap between phases that can occur and changes that will naturally arise.
We propose a two-phased approach with evaluative breaks that will help determine the
next strategic steps. It is our understanding that the Commission will continue working until
December of 2024. Our scope and timeframe will remain the same and provide several months
for the Commission to further investigate, create, and forge necessary pathways that are borne
from the final recommendations. Our start date is contingent upon approval from the City
Council and we are committed to starting as soon as possible.
Expectations of the City & Commissioners
In order to co-create a framework and process that reflects intentionality, it is also important to
include suggested expectations of the City’s involvement and support functions/tasks. Tasks
may include, but are not limited to the following:
Specific tasks include:
● Facilitate Truth and Reconciliation Commission discussions and actions informing,
confirming, and assessing truth-telling, fact-finding and reconciliation processes
○ Assist in the creation of meeting agendas, assist in keeping meetings moving
forward in a productive manner and on time.
● Coordinate operations of the four proposals alongside and informed by TRC, Think
Peace, Kearns & West, Healing Partners, and Native Partners (e.g. host regular Team
Meetings–virtual, email updates, and/or in-person);
● Co-Facilitate Strategic Doing and follow-up alongside a Healing Partner (Astig
Planning) to develop a strategic outline and tasks that guide the progress and work of
the Commission;
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● Co-Create Restorative Justice Practices with Native and Healing Partners;
● Co-Facilitate Restorative Justice Practices with Native and Healing Partners;
● Facilitate the onboarding of local partners, organizations, other entities that can bring
value to the work as contractors (identified by The Team) as needed;
● Facilitate the identified local partners, organizations, contractors’ initial/ongoing
engagement within the Commission’s work(e.g. connecting local databases and entities
with data to fact-finding–Kearns and West);
● Coordinate logistics of identified local Truth and Reconciliation activities and events that
are informed and implemented by respective Team members (e.g. Think Peace, Native
Partners, Healing Partners, other local partners, organizations and/or contractors);
● Report progress alongside The Team during evaluation aspects of phased approach (3
months and 4 months);
● Work with The Team, city staff and leadership to further the work of the Commission as
the process unfolds.
● Grant Identification, Submission & Execution in order to find additional funding
opportunities that will further the work of the commission.
Our Scope
We have followed the three charges that the TRC was given in Resolution No. 20-228: Truth-
telling, Fact-Finding, and Reconciliation. We have allocated our collaborative efforts to create
teams that correspond to each of these charges. Think Peace will lead the Truth-Telling
Team, Kearns & West will lead the Fact-Finding Team, and the Healing/Reconciliation
Partners will lead the Reconciliation Team. We also see teams as groups that can be added
to/modified, and encourage TRC Commission members, city staff, local partners, and
community members to see themselves as part of those teams.
Here is a general outline:
● Phase One (3 Months)
○ Education (Truth-Telling Team)***
○ Iowa Healing/Reconciliation Training & Strategic Planning/ Doing Session
(Reconciliation Team)***
○ Begin Data Collection (Fact-Finding Team)***
○ Recommendations for moving forward (TRC + All Teams)
—-----Presentation to City Council and Progress Evaluation —-----
● Phase Two (4 months)
○ Continuation of Fact-finding (Fact-finding Team)***
○ Public Truth-telling/ hearings/ private interviews (Truth-Telling Team)***
○ Hosting Iowa Circles & Strategic Planning/Doing Follow-up
(Reconciliation Team)***
○ Recommendations for moving forward (TRC + All Teams)
—-----Presentation to City Council and Progress Evaluation —-----
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First Phase (3 months)
This first phase spans 3 months and focuses on education of different truth and reconciliation
processes, defining fact-finding categories from which to collect data locally, and provides a
strategic doing session to focus the work for the second phase. All teams will collaborate with
the TRC and the TRC Coordinator to co-create recommendations for the second phase.
● Think Peace:
○ Public Educational Training: introduce key elements regarding truth and
reconciliation processes and trauma-informed perspectives. Comparison of truth
commission experiences in the US and abroad.
○ Facilitated conversation post-training focused on options for next steps: based on
the analysis of the mandate of the Iowa City TRC.
○ Offer guidance on how to structure TRC meetings, fact-finding events and
process, truth-telling events, and reconciliation events
● Kearns & West:
○ First phase Fact Finding engagement during this phase will focus on facilitating
the commission’s design of the fact finding process. The specific process is likely
to evolve throughout the assessment phase with discussion topics that could
include defining fact finding areas and specific hypotheses, identifying a
framework for data acceptability, and identifying data sources.
○ Strategic Advisor: Co-advising the commission and local consultant team on
process design. Assuming includes participation in commission calls and
standing consultant team coordinating calls.
○ Fact Finding Lead Commission Facilitator: In partnership with the Commission
Coordinator, design agendas and facilitate commissions discussions informing,
confirming, and assessing the fact finding process.
○ Fact Finding Data Liaison: Inform and track data requirements and any
preliminary data collection. Develop a fact finding database. Support commission
in developing materials and documentation as requested.
● Native Partners
○ Iowa Healing/Reconciliation Circle Co-creation/Training with
Healing/Reconciliation Partners
○ Assist in creating recommendations
● Healing/Reconciliation Partners
○ Iowa Healing/Reconciliation Circle Co-creation/Training with Native Partners
○ Strategic Doing Session to facilitate coordinated action steps for the TRC
Commission Members
○ Assist in creating recommendations
—---Presentation to Council & Progress Evaluation—--
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Second Phase (4 Months)
This second phase spans four months and builds off of the first phase. Truth-telling and fact-
finding will be a significant focus in this phase. All teams will collaborate with the TRC and the
TRC Coordinator to co-create final recommendations that will be sent to the City Council.
● Think Peace
○ Focus on truth-telling events, including meetings on
■ Types of public hearings: focused on cases, on types of situation or on
institutions involved
■ Assessment of different models of public hearings according to their
focus: investigative or symbolic
■ Identification of criteria to select and invite participants to the public
hearings
■ Preparation of a protocol for public hearings including roles for the
commissioners, public, press and participants.
● Kearns & West
○ Second phase Fact Finding activities will focus in two areas:
■ 1) Advancing data collection, aggregation, and directed-analysis as
defined by the commission; and,
■ 2) facilitating commission discussions to analyze collected information
and develop their findings.
○ Strategic Advisor: Engage across the consultant team and with the commission
as appropriate on process iteration. Assumes participation in commission calls
and standing consultant team coordinating calls.
○ Fact Finding Lead Facilitator: In partnership with the Commission Coordinator,
design agendas and facilitate commissions discussions providing fact finding
updates, exploring preliminary and iterative findings, and advancing the
commission’s development of findings and recommendations.
○ Fact Finding Data Liaison: Manage fact finding database. Support commission in
developing fact finding reports. Specific role to be determined in assessment
phase, and may include drafting the commission’s report commission review and
approval along with briefing presentations as requested.
● Native Partners
○ Iowa Healing/Reconciliation Circle Co-creation/Training with
Healing/Reconciliation Partners
○ Assist in creating final recommendations
● Healing/Reconciliation Partners
○ Strategic Doing Follow up - Reaching pathfinder projects that build trust and
community capacity.
○ Iowa Healing/Reconciliation Circle Co-creation/Training with Native Partners
○ Assist in creating final recommendations
—---Presentation to Council & Progress Evaluation & Final Recommendations—--
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Responses (February 3, 2023)
City of Iowa City: Request for TRC Consultant Agreement Clarifications (January 2023)
Think Peace
● The proposal utilizes monthly billing rates. Please clarify if these are fixed rates (regardless of
time dedicated to the project) or if they are not to exceed amounts and actual time dedicated to
the project will be billed to the City at hourly rates.
The proposal uses a fixed rate (USD 8800 per month) and each member of our personnel will
dedicate a fixed percentage of his/her time as indicated in each line.
● The proposal includes charges for a “Local facilitator”. Please confirm our understanding that
this position is an employee or contractor of Think Peace.
Yes. This position is to be recruited and contracted locally by Think Peace to support our work
with the commission, attending meetings of the commission, preparation of minutes,
organizing logistics, particularly around our trips to Iowa City.
● The proposal appears to indicate that one employee of Think Peace is intending to travel to
Iowa City once per month for seven months. Please confirm this understanding.
No. This means that Think Peace has resources for seven individual trips (tickets and
accommodations for one person). They could be used, according to need, seven times with one
expert each, or in a combination. We intend, subject to agreement with the TRC, to use the
first visit for three of our experts, which would leave 4 other tickets to be used later, either by
one individual expert each.
o Are travel expenses fixed or will you bill actual travel costs incurred with these rates
not to exceed amounts?
No. The expenses are not fixed. We will bill actual travel costs up to these maximum
amounts.
o Please clarify what the ‘overhead’ of 7.5% is as it relates to travel. Overhead is
something we are not familiar with when it comes to consulting contracts.
The overhead is not related only to travel. It covers our administrative expenses for
managing the project
o Can you provide any scope of service description for each of the seven visits? For
example, the visit in month one Think Peace will provide services that include… Visit in
month 2 Think Peace intends to ….., etc. Any description of key tasks will help with the
City’s coordination efforts and also help make sure the TRC understands the intended
progression of services being offered.
First trip (three experts) to implement a training seminar on key elements of
transitional justice, including comparative experiences on other truth commissions,
and steps to discharge the mandate of the Iowa City TRC in the areas of truth-seeking,
fact-finding and reconciliation.
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Second trip (one expert): on the design and organization of TRC public events: this
includes skills such as supporting the survivors’ narratives, deep listening, restorative
and healing practices, trauma sensitivity training.
Trips three to five (one expert each): to continue supporting the organization of TRC
events and to accompany those events as they are implemented ( for truth-telling, fact
finding or reconciliation). In these trips we will help synthesize the information and
data that will be collected by the TRC.
∙ Outside of the seven trips to Iowa City, will Think Peace be participating in some or all TRC
meetings via remote technology? If so, please confirm the cost is captured in the proposal?
Yes, and the cost is captured.
∙ Will expenses proposed by Think Peace cover time in consultant coordination meetings that
take place outside of TRC meetings (weekly, bi-weekly or monthly coordination meetings in
order to keep all consultants and the City in synch)?
Yes, the proposed expenses cover time for those activities.
∙ Will Think Peace provide any written deliverables as part of the proposed services? The
proposal has generic statements, including “introduce key elements” and “offer guidance”.
Please clarify what written deliverables, if any, are included in the proposal. This could include,
reports, case studies, slide deck presentations, etc.
Yes. We will prepare written products, including: educational materials for the training
session, memos on the organization of the TRC events, including a primer on conducting truth
commission hearings. Also, we will prepare a glossary on key concepts to be used in the
process (about inter alia transitional justice, restorative justice, trauma healing, reconciliation,
comparative experiences).
Three Native Partners
● Please clarify the legal entity that the City will be contracting with so we can draft the consultant
agreement accordingly.
We request that the city put aside this money to directly compensate each individual on an
hourly basis for work completed.
● The proposal includes 38 hours for each phase of work, but also references a ‘monthly total’. It
appears that the proposal is for two months of work (one month in each phase). Please confirm
if the services to be provided are limited to two months of work with 38 hours projected in each
month. We want to make sure you did not forget to include more than two months of work on
the project.
This is an estimate on the current proposal but that may change based on the direction of the
TRC, hence the flexibility between number of hours indicated and monthly total.
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● Please clarify if the proposal is for fixed rates (regardless of time dedicated to the project) or if
they are not to exceed amounts and actual time dedicated to the project will be billed to the
City at hourly rates.
These are anticipated hourly rates and hours will be dependent on the direction of the TRC.
This is an estimate.
● No travel is indicated in the proposal. Are employees of Three Native Partners all local to the
Iowa City area or are all services planned to be offered remotely? If travel is anticipated, please
confirm you are not seeking any expense reimbursement.
We have now included in the budget travel expenses for each of us for three round-trip visits
to Iowa City, per the 2023 Federal mileage rate.
● Will expenses proposed by Three Native Partners cover time in consultant coordination
meetings that take place outside of TRC meetings (weekly, bi-weekly or monthly coordination
meetings in order to keep all consultants and the City in synch)?
We do all want to be part of the coordination meetings that take place outside the TRC
meetings. Those expenses have now been added to the revised budget for the proposal.
● Please describe any deliverables you intend to provide, if any? Written training guidance, draft
recommendations, etc.
Below is a letter describing our planned deliverables:
Manape LaMere
1300 28th St
Sioux City Ia 51104
(605)-222-6254
gm.lamere@gmail.com
2-1-2023
To the Iowa City Truth and Reconciliation Commission, the Iowa City City
Council, and the City Manager of Iowa City:
We have been asked by Geoff Fruin whether we will provide the TRC with
deliverables, in addition to the services and processes we propose to provide.
We, Manape LaMere, Terry Medina, and Donnielle Wanatee, will be providing
written guidance for providing talking circles. The guidance will be based on
circles we will be offering to the community, as the TRC requests. This guidance
can be used in teaching local community members to provide circles ongoingly,
so people in the community and the community itself benefit from experiencing
circles.
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The development of the deliverables will take up to 30 hours apiece. We will
submit based on our actual worktime, not to exceed 90 hours total.
Manape LaMere
Healing Partners Team
● Please confirm that the ‘Healing Partners Team’ and ‘Healing/Reconciliation Partners’ as
referenced in the proposal are the same group.
YES
● Please confirm the legal entity that the City will be contracting with for the Healing Partners.
There will be two: Astig Planning and Mediation Services of Eastern Iowa
● Please describe the anticipated role and compensation for Banjo Knits as noted on page one of
the proposal. There is a possible conflict of interest with State law that needs to be reviewed.
There is not going to be any financial compensation. Banjo Knits is not contracted, only
included in the document as a reference for Angie Jordan as a resident who has been integral
in creating this proposal.
● Please resubmit your spreadsheet without any reference to the TRC Coordinator as this is
intended to be a City position and not an employee of the Healing Partners as the City
understands it.
Took that out to simplify it
● The Phase 1 total cost and Phase 2 total cost do not add correctly to the “total total” line.
Please review and confirm individual phase(s) and total expenditures.
Should be clearer, now fixed.
● Please describe the purpose of the $10,000 for “Local Groups” and confirm that Healing
Partners will pay these expenses independent of any City involvement.
Local Groups are our community partners that are facilitators/conveners/experts in their field
that can assist with the TRC process and be compensated for their time and resources. Some
examples include, Black Voices Project, Center for Worker Justice, and Emprendimiento Latino
5M.
● Does the proposal suggest that Mediation Services of Eastern Iowa will not charge for
participation in TRC meetings or Strategic Doing Sessions? (“AT” on spreadsheet)?
Correct. This is an in-kind donation that we wanted to make note of.
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● Two City Council presentations are noted in the spreadsheet. Please confirm these
presentations align with the end of Phase 1 and the end of Phase 2 in the written narrative. Will
these presentations first be provided to the TRC or just the City Council? Also, please describe
the nature of these presentations – written deliverables, PowerPoint presentations, etc.
These presentations are at the end of each phase and will be presented to the City Council.
They will be co-created with the TRC and in Powerpoint format.
● Will Healing Partners be responsible for gathering and vetting suggestions for recommendations
from other consultants? Both Native Partners and Healing Partners have “assist in creating
recommendations” in their proposed scope. We are unsure if these are a part of the Council
presentations or who the consultants will be assisting in the development of recommendations.
All consulting partners will be involved with the creation of the recommendations as
developed by TRC commissioners. These recommendations will then be communicated to City
Council in the end-of-phase presentations.
● Will expenses proposed by Healing Partners cover time in consultant coordination meetings that
take place outside of TRC meetings (weekly, bi-weekly or monthly coordination meetings in
order to keep all consultants and the City in synch)
We did not initially include adequate hours to cover coordination meetings. We have now
increased that from 8 hours to 20 hours per consultant (Astig Planning, Mediation Services of
Eastern Iowa)
● Are rates on spreadsheets fixed or not-to-exceed with actual billing being based on hours spent
on the project?
These are anticipated expenses. We are working within a process that is currently
unprecedented in our community and cannot anticipate all changes. However, we agree to a
'not to exceed above 10% of estimated expenses' clause in our contracts.
Kearns and West
● Please clarify the Community Researcher role. This is listed separate from Kearns and West in
the summary cost allocation table, but it appears to be within the consultant’s individual
proposal. Is it the same as Fact finding Data Liaison / Coordinator? Is the position employed by
Kearns and West? The cost indicates an ‘estimated $50/hr’. Why is this estimated and not
firm?
The Community Researcher role is designed to be staffed independently of our firm by a
member of the Iowa City community—perhaps a student at the University of Iowa or other
nearby college—and would assist our team in coordinating fact-finding work that is best done
via in-person data collection. Fact Finding Data Liaison is a role we anticipate filling within our
team at Kearns & West, alongside facilitation and strategic advising. Kearns & West has
experience recruiting liaisons from the community if it is helpful for our firm to assist in that
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way on this project. To clarify, we have not budgeted any funds for this role—our proposal
reflects our thought as to how such a role might be structured and compensated.
● The spreadsheet anticipates every other week TRC meeting schedules. The TRC meets twice a
month. Please revise the proposal as needed.
We have adjusted our assumptions as you describe; we have kept the level of effort the same
in order to have enough resources for 3-5 extra meetings, as we anticipate the TRC may shift
its meeting schedule or may identify meeting needs. We want to ensure that the budget can
accommodate the extra meetings we typically see from our experience in comparable
projects.
● Are rates on spreadsheets fixed or not-to-exceed with actual billing being based on hours spent
on the project?
K&W rates are hours, and we will bill time and expenses as actual / not to exceed contracted
levels without approval. If the work takes less time, we will spend/invoice fewer hours. We
are intending a “Time and Materials” type contract.
● Will expenses proposed by Kearns and West cover time in consultant coordination meetings
that take place outside of TRC meetings (weekly, bi-weekly or monthly coordination meetings in
order to keep all consultants and the City in synch)
Yes, we have budgeted for such consultant coordination meetings.
● Please specify any deliverables you intend to provide based on the proposed scope of services.
This could include reports, presentations, case studies, databases, etc.
We intend to work alongside TRC members to produce a report of the work completed in our
fact-finding role; we are open to assisting the TRC with other representations of that work,
whether in the form of case studies, databases, or the like. We anticipate that we would play
an advisory and/or editing role in tandem with the TRC should those other forms of reporting
be desired. During the first phase of its work with us, we expect the TRC will identify
deliverables they will undertake, and in that discussion, our team will work with the TRC to
determine how best to support the TRC in producing their deliverables. As part of our work,
we intend to provide the TRC with a summary of findings during the fact-finding phase, along
with unabridged versions of the data we collect during the fact-finding phase.
● The proposal reads “may include drafting the commission’s report commission review and
approval with briefing presentations as requested” Please clarify exactly what you are proposing
for reports and presentations for the cost structure you have provided.
We anticipate spending significant time working with the TRC, as they direct, on its final
report, providing content based on our work facilitating on the TRC’s behalf and completing
the fact-finding portion. Our expectation is that TRC members will take the lead role in
drafting their own report, with our assistance as editor, advisor, and provider of information
from the TRC’s meetings, fact-finding research, and events. Should a presentation be
requested, Kearns & West can arrange to participate virtually or in-person if remaining budget
will allow for travel to a meeting.
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● Please confirm that you intend to bill the City 50% of your time for travel time in addition to
travel expenses. Are travel expenses fixed or not to exceed based on actual travel expenses
incurred?
Kearns & West bills for 50% of the time it takes for us to travel from our offices to a client
site. Travel expenses are billed as actual travel expenses incurred; the budget reflects our
best estimates based on a review of per diem rates and flight booking websites. Should we
discover that these expenses have shifted, we intend to inform the City in advance of any
subsequent invoice and will get approval for any anticipated costs over budget prior to
incurring them.
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PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE
KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION
To sign onto this letter, fill out the form at https://forms.gle/63454LXtUYG7zrs4A
January 24, 2023
Barbara Wilson, PhD
President, University of Iowa
president@uiowa.edu
Brooks Jackson, MD, MBA
Dean, Carver College of Medicine
Brooks-jackson@uiowa.edu
Edith A. Parker, MPH, DrPH
Dean, College of Public Health
Edith-parker@uiowa.edu
Sara Sanders, PhD
Dean, College of Liberal Arts and Sciences
Sara-sanders@uiowa.edu
Liz Tovar, PhD
Executive Officer & Associate Vice President of Diversity, Equity, and Inclusion
Elizabeth-tovar@uiowa.edu
Dear President Wilson, Dean J. Brooks, Dean Parker, Dean Sanders, & Executive Officer Tovar:
We, the undersigned, are writing to express serious concern about Facebook comments
made by a tenured faculty member of 28 years, Clarence “Clare” Kreiter, professor of Family
Medicine at the Carver College of Medicine. As shown below in Exhibit 1-Exhibit 2, Professor
Kreiter made public, racially biased comments in response to an event held during UI’s Martin
Luther King Jr. Celebration of Human Rights Week on Wednesday, January 18th, 2023, around 2
pm.
It was disheartening to see the public comments made by Professor Kreiter. As faculty,
students, and staff who care about the well-being of our UI community with the broader goals of
diversity, equity, and inclusion, we write to demand an immediate suspension, public apology,
and formal investigation as outlined in Operations Manual chapters 3.3 - 3.6 on Human Rights.
We believe Professor Kreiter’s actions to be a breach of the following policies included in the
University of Iowa Staff Operations Manual:
55
PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE
KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION
To sign onto this letter, fill out the form at https://forms.gle/63454LXtUYG7zrs4A
VIOLATION 1: (16.2) “Staff members will adhere to ethical standards of professional conduct
and act in a manner consistent with the University's mission and core values for excellence,
learning, community, diversity, integrity, respect, and responsibility”.
VIOLATION 2: (8.2) “The University of Iowa values diversity among students, faculty, and
staff, and regards equal employment opportunity and affirmative action as tools to achieve
diversity. The University believes that a rich diversity of people and the many points of view
they bring serve to enhance the quality of the educational experience at The University of
Iowa.”
For context of the event, the documentary JustUs was produced from inside an Iowa
prison by Cedric Theus and Maya Ben-Shahar to highlight the efforts of prisoners, ex-prisoners,
and activists in reforming the criminal justice system and ending the racial disparity in sending
Black Americans to prison in Iowa. A flyer from the event held at Boyd Law building quoted
Cedric Theus, “This is the story of my community and what we’re doing to help solve Iowa’s
incarceration problem.”
On the JustUs Facebook page, Prof. Kreiter’s first comment (removed as of January 20)
offered his opinion on addressing bias in incarceration in Exhibit 1, “we must first be honest
about group difference in behavior repertoires.” In response to comments made by the JustUs
Documentary page, Kreiter further suggested that the disparities in the criminal justice system
are caused by individual actions, alluding to Black and Brown individuals needing “civics
lessons on appropriate interactions with law enforcement” to “[take] responsibility for behavior.”
56
PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE
KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION
To sign onto this letter, fill out the form at https://forms.gle/63454LXtUYG7zrs4A
The page's admin rightfully asked Kreiter if he concluded that by watching the film and/or
through personal experience. This question was ignored by Kreiter, suggesting a lack of
willingness to acknowledge the lived experiences of Black and Brown individuals as evidence
against his claim which baselessly places blame upon victims, rather than perpetrators of racist
behavior.
“When there is no justice, there is JustUs.”-Cedric B. Theus
However, this post is not the first time Professor Kreiter has made discriminatory remarks
on this public platform. On his publicly accessible Facebook profile lists credentials as current
professor at The University of Iowa, with a long history of offensive posts. On August 31st, 2020
(Exhibit 4), he stated “tomorrow’s lesson will be on generalizing from small biased
sensationalized samples,” with an infographic by Nature - one of the world’s most cited
scientific journals - with which he appears to disagree without the basis of supporting evidence.
In another post from September 24th, 2020 (Exhibit 5), he wrote, “it takes a minimum
amount of intelligence to figure out and cooperate with legal structures that keep us civilized,”
once again placing the blame for police brutality on innocent Black and Brown individuals as
well as making the heinous claim that said individuals are “uncivilized.” These are only a few of
the many past examples of Prof. Kreiter expressing hateful, discriminatory sentiments on his
Facebook profile that can be viewed without adding him as a friend.
Furthermore, he publicly lists himself as a faculty member of The University of Iowa, an
institution that claims to not stand by harmful comments that Professor Kreiter has posted for
several years, i.e., “University of Iowa condemns Trump order against diversity training”
57
PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE
KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION
To sign onto this letter, fill out the form at https://forms.gle/63454LXtUYG7zrs4A
published October 8, 2020, on the Daily Iowan. Further evidence of discriminatory rhetoric is
documented below in Exhibit 6-Exhibit 7.
In addition to public remarks on Facebook, a 2018 opinion article in Iowa City Press-
Citizen, “Understanding discrimination and the suppression of free speech in academia,” further
reveals his opinions on the exclusion of race-related data in most research studies in the
educational psychology field. He argues that race is an “innate factor... that might explain and
address the variation in learning and achievement across groups,” and that “if we insist every
racial group must be equal in all quantitate and qualitative aspects of their identity, then in
everything where real differences exit, we will see prejudice and injustice.” Kreiter does not
provide data in this article to support these claims that academic achievement stems from
inherent biological differences between individuals of different races. Rather, he claims that his
point of view is intentionally suppressed by “accusations of racism.”
The harrowing language of this statement clearly reflects eugenics philosophy, as the
Professor of Family Medicine is suggesting the inherent academic inferiority of individuals of
color. This calls into question how he might treat students of color in his own classrooms, how
he might educate his students to treat others, and what kind of language he might use in his
official position as a professor at the University of Iowa. Even more concerning is the fact that he
is easily identifiable as an authority figure, subjecting him to university policy in his personal
life.
It is ironic that Professor Kreiter chose to post these hateful remarks during an event
celebrated in memory of Dr. King—as he campaigned for anti-discrimination, equal rights, and
abolition during the civil rights movement in the 1950-60s through non-violent civil discourse.
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PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE
KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION
To sign onto this letter, fill out the form at https://forms.gle/63454LXtUYG7zrs4A
These comments felt purposeful and planned to directly combat the messages of Dr. King, a man
whose birthday week is celebrated each year at the University of Iowa as a prized tradition since
1969.
“The ultimate measure of a man is not where he stands in moments of comfort
and convenience, but where he stands at times of challenge and controversy”.
-Martin Luther King Jr.
Considering Professor Kreiter’s pattern of discriminatory actions and rhetoric on both his
public Facebook page, 2018 article and research—we write to demand an immediate suspension,
public apology, and formal investigation of a breach of the Operations Manual as we deem
Kreiter in violation of “respect[ing] the diversity of individuals in the workplace and... the
differences among them.”
As educated students, we are cautioned to be careful of online language and behavior. It
is reasonable to expect our professors held to the same standards. This is especially true in the
medical profession, as professors influence future professionals as they start their careers in an
increasingly globalized, racially diverse world.
With these issues in mind, we respectfully reach out to you with our concerns about
Professor Kreiter and demand action be taken. Consider this letter as an opportunity to unify in
publicly condemning the questionable comment by Prof. Kreiter to conclude Unity Week 2023.
Signed respectfully,
Coalition to Abolish Prison Slavery (CAPS) at UI (Author)
Iowa.caps@gmail.com
Change U-Iowa English (Co-Author)
59
PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE
KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION
To sign onto this letter, fill out the form at https://forms.gle/63454LXtUYG7zrs4A
changeuiowaenglish@gmail.com
Corridor Community Action Network
Katelyn Winkler
Grace Culbertson
April Bannister
Harley Upshaw
Hannah Franke
AJ Chowdhury
Estella Ruhrer Johnson
Emma Pech
Meghan McCray
60
PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE
KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION
To sign onto this letter, fill out the form at https://forms.gle/63454LXtUYG7zrs4A
ATTACHED EVIDENCE:
Exhibit 1
Exhibit 2
61
PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE
KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION
To sign onto this letter, fill out the form at https://forms.gle/63454LXtUYG7zrs4A
Exhibit 3
Exhibit 4
62
PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE
KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION
To sign onto this letter, fill out the form at https://forms.gle/63454LXtUYG7zrs4A
Exhibit 5
Exhibit 6
63
PUBLIC LETTER CONDEMNING COMMENT MADE BY PROFESSOR CLARENCE
KREITER: CALLING FOR SUSPENSION AND INTERNAL INVESTIGATION
To sign onto this letter, fill out the form at https://forms.gle/63454LXtUYG7zrs4A
Exhibit 7
64
Graphic Design 101
START: March 1st END: March 22nd
This is a beginner month-long class to get
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SUPPORT LEVELS
We are looking to raise $15,000 for students to
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HOW TO SUPPORT
Make and Mail a check to:
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Support online - www.wrightfashionhouse.com/donate
WHY WE NEED SUPPORT
Adobe Software $590
Educational Material (books, curriculum) $2,000
Program Director $5,410
Guest Teachers $2,000
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Graduation Ceremony $2,500
TOTAL $15,000
If you would like to learn about other ways to support
or have any questions about any of the information
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at: wrighthouseoffashion@gmail.com
Build A Brand
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This month-long branding course will go over all the
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Designing Merch with Warner Music
START: May 30th END: August 30th
AGE: High School/Post Graduate
A collaborative program between Wright House
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four-month summer program features courses
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design, work with artists, and screen-printing
workshops, at WHOF and WMX employees.
Special Presentation
DATE: August
Cey Adams (b. New York, 1962) is an American
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was the founding creative director of Def Jam
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And more - www.wrightfashion.com/whworkshops
WORKSHOPS AND PROGRAMS
We empower under-served students through the arts and science, teaching them
skills in graphic design, fashion design, and entrepreneurship.
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