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HomeMy WebLinkAbout03-01-2021 Ad Hoc Truth and Reconciliation CommissionAD HOC TRUTH AND RECONCILIATION COMMISSION MONDAY, MARCH 1, 2021 Electronic Special Meeting - 7:00 PM ZOOM MEETING PLATFORM Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of commission members, staff and the public presented by COVID-19. You can participate in the meeting and can comment on an agenda item by going to httns://zoom.us/webinar/register/WN ZM5GBr1POLOF7aN131yZ1w via the internet to visit the Zoom meeting's registration page and submit the required information. Once approved, you will receive an email message with a link to join the meeting. If you are asked for a meeting or webinar ID, enter the ID number found in the email. A meeting password may also be included in the email. Enter the password when prompted. If you have no computer or smartphone, or a computer without a microphone, you may call in by telephone by dialing (312) 626-6799. When prompted, enter the meeting or webinar ID. The ID number for this meeting is:93922217654. Once connected, you may dial *9 to "raise your hand," letting the meeting host know you would like to speak. Providing comments in person is not an option. AGENDA: 1. CALL MEETING TO ORDER AND ROLL CALL 2. INTRODUCTION OF GROUP FACILITATOR JESSE CASE A. FACILITATOR PRESENTATION B. INTERVIEW BY (QUESTIONS FROM) COMMISSION MEMBERS C. AGREEMENT 3. ADJOURNMENT Ifyou will need disability -related accommodations in order to participate in this program/event, please contact Stefanie Bowers at 319-356-5022, stefanie-bowers&iowa-city. org . Early requests are strongly encouraged to allow sufficient time to meet your access needs. I r i CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org AD HOC TRUTH AND RECONCILIATION COMMISSION MARCH 1, 2021 SPECIAL MEETING PACKET CONTENTS AGENDA ITEM #2A ORIGINAL PROPOSAL SUBMITTED BY JESSE CASE TO THE CITY 2/15/2021 AGENDA ITEM #2C FACILITATOR AGREEMENT (Original Proposal by Jesse Case Submitted to the City 2/15/2021) TRC Facilitator Agreement This Consultant Agreement ("Agreement"), is effective as of March 1, 2021 ("Effective Date"), and is entered into between Jesse Case ("Consultant" and/or "Facilitator"), an independent contractor, and City of Iowa City (the "Client"). Client agrees to engage Contractor to provide Services outlined below; and Contractor agrees to provide such Services. In consideration of the promise and mutual agreements herein, the receipt and sufficiency of which are acknowledged, Client and Contractor agree as follows: 1. Engagement: During the term of this Agreement, the Contractor will serve as Facilitator of the Iowa City Truth and Reconciliation Commission ("Commission"). The Contractor will work at the direction of the Truth and Reconciliation Commission and will provide periodic status reports and recommendations to the Client. During the term of this Agreement, the role of the Facilitator shall include the following duties: A. Assist the Commission in the development of a strategic outline to guide the work and progress of the Commission. The strategic outline shall incorporate a review of the history of racism, white privilege and systemic racial inequities in the Iowa City community, a review of current racial injustices/inequities in our community in areas determined by the Commission (re: housing, healthcare, criminal justice, education, employment); B. Assist in the coordination of fact-finding, truth telling, and first-hand witness accounts from victims of racism, white privilege, and systemic racial injustices/inequities perpetrated on the BIPOC community, and assist in establishing the creation of a safe and respectful environment for individuals who may otherwise not engage in the process; C. Assist in the coordination of testimony of individuals and organizations of local, regional and national areas of expertise who bring knowledge in the areas of systemic racism and other areas covered by the scope of the Commission; D. Coordinate the development of trainings and workshop which will assist the Commission in carrying out its mission; E. Oversee the development of the Commission's budget, which may include the recommendation and hiring of other entities that can bring value to the work of the Commission (historians, expert witnesses, trainers, etc.); F. Assist in the creation of meeting agendas, assist in keeping meetings moving forward in a productive manner and on time, assist in the mediation and make Page 1 of 4 recommendations to address adverse reactions and potential disruptions to the Commission and process; G. Provide periodic updates and recommendations to the City of Iowa City throughout the process and assist the Commission in making final recommendations to the City of Iowa City relating to fundamental institutional, societal, and policy reforms necessary to address systemic racism and move Iowa City toward a more just and equitable community. 2. If the Parties determine a change in the engagement is necessary, the Parties will amend this Agreement by written mutual consent. Independent Contractor: The Parties recognize and agree that Contractor will act as an independent contractor and will have sole responsibility for all federal, state, and local taxes, including but not limited to income taxes and social security taxes, and workers' compensation or disability benefits. Nothing in this Agreement creates an employee - employer relationship or changes the preexisting legal status of either Party. 4. Power to Act on Behalf of Client: Contractor will have no authority to create any obligation, express or implied, or make any representation on behalf of Client except as expressly authorized from time to time by Client. 5. Client Responsibilities: To the extent deemed reasonable and necessary by Client, to further Contractor's engagement under this Agreement, Client will: 1) provide access to Client information; 2) provide access to administrative services; and 3) work with Contractor in good faith to meet deadlines and goals as set forth herein. 6. Payment: For the provision of Services, Contractor shall be paid four thousand dollars ($4,000.00) per month for the period commencing March 1, 2021 and ending June 30, 2022 for a total of 16 months. Payments will be made on a monthly basis no later than the tenth (10`h) day of each month. No Contractor expenses will be reimbursed unless pre -approved by Client in writing. If Contractor expenses are approved for payment by Client, Contractor will submit an itemized statement of Contractor's expenses. Client will pay Contractor for undisputed expenses within 30 days of receipt of such statement. Basis of Payment: Contractor estimates a minimum of twelve hundred (1200) hours will be needed over the sixteen (16) month period to complete the terms of the Agreement. Contractor's research indicates the average rate for similar facilitator positions is $150.00 - $200.00 per hour. Contractor's fee is based on creating a balance of the Facilitator's time commitment which will pull them away from other projects, and the important nature of the work and benefits to the community, as well as the Facilitator's commitment to the project and community. Contractor's fee represents approximately one-third (1/3) of market value for similar positions. Page 2 of 4 7. Term and Termination: This Agreement will remain in effect from March 1, 2021 and shall remain in effect through the duration of the tenure of the Truth and Reconciliation Commission. The Agreement may be extended by mutual written consent of both Parties. Either Party may terminate this Agreement with thirty (30) days written notice to the other Party without cause, reason, or penalty. 8. Liabili : Client will release, indemnify, and hold Contractor harmless for any expenses related to claims that arise from Services performed by Contractor pursuant to this Agreement, with the exception of those claims arising out of Contractor's violation of the terms of this Agreement. 9. Disputes. Any dispute or claim arising out of or any way relating to this Agreement shall first be attempted to be resolved through mediation. In the instance of a dispute or claim, a Party first shall submit a dispute to mediation by written notice to the other Party. The mediator shall be selected jointly by the Parties. Each Party shall bear its own costs in the mediation. The Parties shall share equally the fees and expenses of the mediator. The location of the mediation shall be a neutral location agreed upon by the Parties. The Parties shall discuss their differences in good faith and attempt, with the mediator's assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall be confidential. If the Parties have not resolved a dispute within 120 days after written notice beginning mediation (or a longer period, if the Parties agree to extend the mediation period), the mediation shall terminate and the dispute may be litigated. If either Party would otherwise be legally required to exhaust administrative remedies to obtain legal relief, either Party must exhaust such administrative remedies prior to pursuing arbitration. The laws of the state of Iowa shall govern all dispute resolution procedures between the Parties. 10. Limitations of Disputes. No dispute arising out of the transactions under this Agreement may be brought by either Party more than one (1) year after termination of this Agreement. 11. Additional Terms. This Agreement shall be governed and interpreted in accordance with the laws of the State of Iowa. This Agreement shall be binding on the Parties hereto and their successors and assigns, but neither Party may assign this Agreement without the prior written consent of the other. Failure of either Party to enforce any of the provisions of this Agreement, to enforce any rights with respect thereto, or to exercise any election provided herein, shall in no way be considered a waiver of such provisions, rights, or elections, or in any way affect the validity of this Agreement. If any term of provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement. The article headings used are for reference and convenience only, and shall not enter into the interpretation of this Agreement. This Agreement makes up the entire agreement between the Parties. No alterations, modifications, amendments, or changes in this Agreement shall be effective or binding on any Party, unless the same is in writing and signed by both Parties. There are no understandings or agreements Page 3 of 4 relating to this Agreement which are not fully expressed in this Agreement. This Agreement supersedes any prior agreements, understandings, restrictions, prohibitions, and/or limitations between the Parties whether written or oral, and they affirm by their signatures below that this is their definitive understanding unless modified in writing by them. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, when taken together, will constitute one and the same Agreement. 12. Notices: Electronic communications shall be deemed acceptable whenever under this Agreement one Parry is required to give notice to the other. 13. Force Maieure: The Parties shall be excused from performance under this Agreement for any period such Parry is prevented from performing any services pursuant hereto, in whole or in part, as a result of an Act of God, war, civil disturbance, court order, labor dispute or other cause beyond its reasonable control. Contractor and Client have caused this Agreement and all applicable parts to be signed and delivered by their duly authorized representatives, as of the Effective Date. Jesse Case Signature: Date: City of Iowa City Signature: Date: Page 4 of 4 TRC Facilitator Agreement This Consultant Agreement ("Agreement"), is effective as of March 2021 ("Effective Date"), and is entered into between Jesse Case ("Contractor" and/or "Facilitator"), an independent contractor, and City of Iowa City (the "Client"). Whereas, the City Council for the City of Iowa City established the Ad Hoc Truth and Reconciliation Commission ("Commission") in Resolution No. 20-228 ("Resolution"), which is attached and incorporated herein; Whereas, Paragraph 6 of the Resolution provides that the Commission shall be facilitated by an independent consultant; and Whereas, Client agrees to engage Contractor to provide facilitation services outlined below and Contractor agrees to provide such services. In consideration of the promise and mutual agreements herein, the receipt and sufficiency of which are acknowledged, Client and Contractor agree as follows: Engagement: During the term of this Agreement, the Contractor will facilitate the Commission as set forth in Paragraph 6 of the Resolution. The Contractor will work at the direction of the Commission and will provide periodic status reports to the Client. 2. Services: During the term of this Agreement, the Facilitator shall: A. Guide the Commission in fulfilling its charges as set forth in the Resolution, particularly Paragraphs 11, 14, and 15; B. Oversee the development of the Commission's budget that is required to be submitted to the City Council by March 21, 2021, which may include the recommendation and hiring of other entities that can bring value to the work of the Commission (historians, expert witnesses, trainers, etc.); C. Assist in the creation of meeting agendas, assist in keeping meetings moving forward in a productive manner and on time, assist in the mediation and make recommendations to address adverse reactions and potential disruptions to the Commission and process; and D. Provide periodic updates to Client throughout the process and assist the Commission in making final recommendations to the City of Iowa City relating to fundamental institutional, societal, and policy reforms necessary to address systemic racism and move Iowa City toward a more just and equitable community. If the Parties determine a change in the engagement is necessary, the Parties will amend this Agreement by written mutual consent. Page 1 of 5 Independent Contractor: The Parties recognize and agree that Contractor will act as an independent contractor and will have sole responsibility for all federal, state, and local taxes, including but not limited to income taxes and social security taxes, and workers' compensation or disability benefits. Nothing in this Agreement creates an employee - employer relationship or changes the preexisting legal status of either Party. 4. Power to Act on Behalf of Client: Contractor will have no authority to create any obligation, express or implied, or make any representation on behalf of Client except as expressly authorized from time to time by Client. 5. Client Responsibilities: To the extent deemed reasonable and necessary by Client, to further Contractor's engagement under this Agreement, Client will: 1) provide access to Client information; 2) provide access to administrative services; and 3) work with Contractor in good faith to meet deadlines and goals as set forth herein. 6. Payment: For the provision of Services, Contractor shall be paid four thousand dollars ($4,000.00) per month. Payments will be made on a monthly basis no later than the tenth (W) day of each month beginning April 2021 for the services rendered in March 2021. If this Agreement is terminated prior to June 30, 2022, as provided in Paragraph 7 herein, Client shall pay Contractor for services rendered in a partial month on a pro rate basis. No Contractor expenses will be reimbursed unless pre -approved by Client in writing. If Contractor expenses are approved for payment by Client, Contractor will submit an itemized statement of Contractor's expenses. Client will pay Contractor for undisputed expenses within 30 days of receipt of such statement. Basis of Payment: Contractor estimates a minimum of twelve hundred (1200) hours will be needed over the sixteen (16) month period to complete the terms of the Agreement. Contractor's research indicates the average rate for similar facilitator positions is $150.00 - $200.00 per hour. Contractor's fee is based on creating a balance of the Facilitator's time commitment which will pull them away from other projects, and the important nature of the work and benefits to the community, as well as the Facilitator's commitment to the project and community. Contractor's research indicates the fee represents approximately one-third (1/3) of market value for similar positions. 7. Term and Termination: This Agreement will remain in effect from March , 2021 and shall remain in effect through the duration of the tenure of the Commission. The Agreement may be extended by mutual written consent of both Parties. Either Party may terminate this Agreement with thirty (30) days written notice to the other Party without cause, reason, or penalty. 8. Liability/Indemnification. A. To the full extent permitted by law, Contractor agrees to defend, indemnify, and hold harmless the Client against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or Page 2 of 5 recovered against or from the Client by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Contactor's negligent acts, errors or omissions in performing the work and/or services provided by Contractor to the Client pursuant to the provisions of this Agreement. B. Contractor assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Contractor's negligent acts, errors or omissions in connection with the work and/or services provided by Contractor to the Client pursuant to this Agreement, and agrees to pay the Client for all damages caused to the Client's premises resulting from the negligent acts, errors or omissions of Contractor. C. The Contractor's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the Client against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the Client. D. For purposes of this paragraph, the term "Contractor" means and includes the Contractor, its officers, agents, employees, sub -consultants, and others for whom Contractor is legally liable, and the term "Client" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. 9. Disputes: This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. 10. Conflict of Interest: Upon signing this Agreement, Contractor acknowledges that Section 362.5 of the Iowa Code prohibits a City of Iowa City officer or employee from having an interest in a contract with the City of Iowa City, and certifies that no employee or officer of the City of Iowa City, which includes members of the City Council and City of Iowa City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. 11. Anti -Discrimination: The Contractor shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. A. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. Page 3 of 5 11. Additional Terms: This Agreement shall be binding on the Parties hereto and their successors and assigns, but neither Party may assign this Agreement without the prior written consent of the other. Failure of either Party to enforce any of the provisions of this Agreement, to enforce any rights with respect thereto, or to exercise any election provided herein, shall in no way be considered a waiver of such provisions, rights, or elections, or in any way affect the validity of this Agreement. If any term of provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement. The article headings used are for reference and convenience only, and shall not enter into the interpretation of this Agreement. This Agreement makes up the entire agreement between the Parties. No alterations, modifications, amendments, or changes in this Agreement shall be effective or binding on any Party, unless the same is in writing and signed by both Parties. There are no understandings or agreements relating to this Agreement which are not fully expressed in this Agreement. This Agreement supersedes any prior agreements, understandings, restrictions, prohibitions, and/or limitations between the Parties whether written or oral, and they affirm by their signatures below that this is their definitive understanding unless modified in writing by them. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, when taken together, will constitute one and the same Agreement. 12. Notices: Electronic communications shall be deemed acceptable whenever under this Agreement one Party is required to give notice to the other. Notice to Contractor shall be to the following email address: jcase@iowalabor.com; Notice to Client shall be to the following email address: geoff-fruin@iowa-city.org 13. Force Maieure: The Parties shall be excused from performance under this Agreement for any period such Party is prevented from performing any services pursuant hereto, in whole or in part, as a result of an Act of God, war, civil disturbance, court order, labor dispute or other cause beyond its reasonable control. Contractor and Client have caused this Agreement and all applicable parts to be signed and delivered by their duly authorized representatives, as of the Effective Date. Jesse Case Signature: Date: Page 4 of 5 City of Iowa City By: Date: Attest: Date: Approved: Bruce Teague, City Manager Kellie K. Fruehling, City Clerk City Aitorney's Office Page 5 of 5 I r i CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org AD HOC TRUTH AND RECONCILIATION COMMISSION MARCH 1, 2021 SPECIAL MEETING PACKET CONTENTS LATE HANDOUT(S) CORRESPONDENCE FROM COMMISSIONER HAMAD WITH STAFF RESPONSE From: Stefanie Bowers To: "Raneem Hamad" Cc: "Amel Alf'; "tcurrintrc(cbamail.mm"; "Eric Harris"; "tshailvn(cbvahoo.mm"; "Lavana Navarre -Jackson"; "roviceannmrter1212(cbamail.com"; "Krivera827(damail.mm"; "mo.traor3(damai1.mm" Subject: RE: URGENT Agenda item Date: Monday, March 1, 2021 9:07:52 AM Commissioner Hamad, I will post both of your emails of Friday, February 26, 2021, one sent at 10:17AM and the other at 11:18PM, as late handouts for the special meeting packet of March 1. However, I must reiterate that at the special meeting tonight the topic is limited to whether or not to add the item to the agenda for discussion at the March 4 regular meeting date. Iowa open meeting laws do not allow for any discussion on the alleged breach of protocol at the special meeting because it is not an agenda item. I have cc'd all Commission members in this response so that everyone receives the same information. Due to open meeting laws it is advised that you do not 'reply all'. I am available if anyone needs clarification of protocols for open meetings. Stefanie From: Raneem Hamad <raneemhamad@gmail.com> Sent: Friday, February 26, 2021 11:18 PM To: Stefanie Bowers <Stefanie-Bowers@iowa-city.org> Subject: Re: URGENTAgenda item A Hi Stefanie, Thank you for getting back to me. My correspondence is below. To Iowa City Truth & Reconciliation Commission: I respectfully request a vote to place an emergency item at the top of the agenda for the Monday, March 1, 2020 meeting. I do not believe the TRC can or should move forward with any other business until this item is discussed and appropriate steps are taken. I have been presented with information, which I have shared with some fellow Commissioners and am willing to share with any other commissioners who are interested. This is a difficult situation and I am working as closely as I can with Stefanie to make sure appropriate protocols are followed concerning how to raise and address this very serious issue. The information details a shocking breach of protocol, of our Mandate, and of the public trust that has been placed with us and that as a practical matter will be so essential to our success moving forward. Our Mandate requires that we must "provide a safe and supportive space for [our] work," and further, that due to "the possibility of adverse actions against those who participate in [our] work," we should "carefully consider mechanisms to protect participants." Tragically, according to the information I have received, the'IRC may be not only failing to protect participants but in fact instigating retaliatory type actions and directly undermining the goal of a "safe and supportive space" for our community. I am fully aware of the hostility and frustration that has been directed at me, as the IFR representative, in the TRC sessions thus far. I do not really understand it and, frankly, it saddens me deeply. But, I can handle it and my focus remains on our work. Hostility and reprisals directed at participants in our process, however, is absolutely unacceptable in my view. Out of respect and prudence I will refrain from making further comments about the specifics of the issue at hand. While I don't believe we are authorized to go into a closed session on this specific agenda item, I believe we can choose to discuss it at a level of generality, so long as we are prepared to take firm action. If other Commissioners prefer a more detailed course of action, I will of course cooperate. Evidence is available to support my description of the issue. To be clear, I am not willing to sweep this item under the rug or simply hope it does not happen again. As I can explain in more detail if necessary, I think it is self-evident that members of our community, whose support we critically need in our process, will not feel safe working with us unless we demonstrate commitment to our Mandate by taking decisive action to condemn what has happened and chart a new course. I respectfully request a vote in favor of addressing this issue at the top of the agenda on Monday, followed by discussion and action. Best, On Fri, Feb 26, 2021 at 12:48 PM Stefanie Bowers <Stefanie-Bowers(cDiowa-city.ore> wrote: Commissioner Hamad, You can submit your report to me as Correspondence and I can add it as a late handout to the special meeting packet of Monday, March 1. If a majority of Commission members on Monday direct me to add it as an agenda item to the regularly scheduled meeting of March 4 then it can be placed on that agenda. The discussion on Monday of the late handout should be limited to whether or not to add the item to the agenda for March 4 and not a discussion on the details or information contained within the report itself. Also, just so that everyone receives the same information I plan on sending my response to you out to all the other Commissioner members. Stefanie From: Raneem Hamad <raneemhamad2@email.com> Sent: Friday, February 26, 2021 10:17 AM To: Stefanie Bowers <Stefanie-Bowers(cDiowa-citv.or¢> Subject: URGENT Agenda item RISE[ Hi Stefanie, I'm still sort of confused on how to get items on the agenda. I need an item on the agenda for Monday and it is very urgent and extraordinary. This is an emergency item concerning reports of outside conduct of the Chair, thus I'm reaching out to you as it seems hard to leave its inclusion to the discretion of the chair and vice chair. Please let me know asap. Thank you, Raneem Hamad Pronouns: She/Her/Hers BA Candidate 2021, Human Rights & Public Health Columbia University in the City of New York Delta Sigma Theta Sorority, Inc., Rho Chapter Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution ortaking action in relation of the contents of this information is strictly prohibited and may be unlawful. Raneem Hamad Pronouns: She/Her/Hers BA Candidate 2021, Human Rights & Public Health Columbia University in the City of New York Delta Sigma Theta Sorority, Inc., Rho Chapter