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IEDA Contract 18-TC-038 Assignment, Medline Industries, Inc. Corporate ReorganizationCity of Dubuque City Council Meeting Consent Items # 06. Copyrighted November 6, 2023 ITEM TITLE: IEDAContract 18-TC-038Assignment, Medline Industries, Inc. Corporate Reorganization SUMMARY: City Manager recommending City Council adopt the resolution, approving the Third Amendment to Contract 18-TC-038 by and among Medline Industries, Inc., MIRE DIA, LLC, the Cityof Dubuque, and the Iowa Economic Development Authority. RESOLUTION Approving the Third Amendment to the Economic Development Financial Assistance Contract by and among Medline Industries, Inc., MRE DIA, LLC, the City of Dubuque, Iowa, and the Iowa Economic Development Authority SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo I EDA 3rd Amendment Supporting Documentation Resolution Resolutions THE C Dubuque DUjIBQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 zai7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: IEDA Contract 18-TC-038 Assignment, Medline Industries, Inc. Corporate Reorganization DATE: November 1, 2023 Economic Development Director Jill Connors is recommending City Council adopt the resolution, approving the Third Amendment to Contract 18-TC-038 by and among Medline Industries, Inc., MIRE DIA, LLC, the City of Dubuque, and the Iowa Economic Development Authority. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jill Connors, Economic Development Director Dubuque THE CITY OF All -America My nni K xvni , nz: a:u�ir, DUB E 2007-2012.2013 Masterpiece on the Mississippi 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director Economic Development Department 1300 Main Street Dubuque, Iowa 52001-4763 Office (563) 589-4393 TTY (563) 690-6678 http://www.cityofdubuque.org SUBJECT: IEDA Contract 18-TC-038 Assignment, Medline Industries, Inc. Corporate Reorganization DATE: October 18, 2021 INTRODUCTION This memorandum presents for City Council review and approval a resolution authorizing an amendment to a contract with the Iowa Economic Development Authority (IEDA) Contract 18-TC-038 on behalf of Medline Industries, Inc.. BACKGROUND On March 19, 2018, the City Council adopted Resolution 74-18, authorizing the Mayor to execute an application from Medline Industries, Inc. to the IEDA for its Economic Development Financial Assistance program. On May 21, 2018, Medline Industries, Inc. entered into a Development Agreement with the City of Dubuque which required the construction of a 120,000 square foot facility at an approximate investment of $18,400,000. Medline was also required to retain 481 full time employees and create an additional 105 full time equivalent jobs in Dubuque. On August 20, 2018, the City Council adopted Resolution 159-18 authorizing the Mayor to execute IEDA Contract 18-TC-038, providing for state incentives for the project defined in the Development Agreement and its application to the IEDA. DISCUSSION Medline Industries, Inc. and MRE DIA, LLC have requested an extension of the Project Completion date for its job creation requirements in Contract 18-TC-038. The Project Completion Date has been modified from December 31, 2022, to June 30, 2023. The Maintenance Period dates extend two years beyond this new date (June 30, 2025). The IEDA board has approved the request for an extension of the Project Completion date. As a party to the Contract, the City of Dubuque must authorize the execution of the Contract Amendment. The attached Third Amendment to IEDA Contract 18-TC-038 has been signed by a representative of Medline and has been reviewed and approved by the City Attorney's office. RECOMMENDATION/ ACTION STEP I recommend the City Council adopt the attached resolution, approving the Third Amendment to Contract 18-TC-038 by and among Medline Industries, Inc., MRE DIA, LLC, the City of Dubuque, and the Iowa Economic Development Authority. 2 CONTRACT AMENDMENT RECIPIENT: Medline Industries, Inc. and MRE DIA, LLC CONTRACT NUMBER: 18-TC-038 AMENDMENT NUMBER: Three APPROVAL DATE: August 18, 2023 THIS CONTRACT AMENDMENT is made by and between the IOWA ECONOMIC DEVELOPMENT AUTHORITY (hereafter "IEDA"), 1963 Bell Ave, Suite 200, Des Moines, Iowa 50315, an agency of the State of Iowa, Medline Industries, Inc. and MIRE DIA, LLC ('Recipient"), Three Lakes Drive, Northfield, IL 60093 and the City of Dubuque ("Community") 50 W. 13th Street, Dubuque, IA 52001. WHEREAS, the Recipient has requested an extension of the Project Completion Date. WHEREAS, the IEDA BOARD approved the request, and NOW, THEREFORE, the Contract referenced above is amended as follows: 1. REVISION OF JOB OBLIGATIONS (EXHIBIT D). Exhibit D is hereby amended to reflect the amended Project Completion and Maintenance Period Completion Dates. Details of the changes are reflected in the attached revised Exhibit D which is hereby incorporated by this reference and made part of this Contract Amendment. Except as otherwise revised herein, the terms, provisions, and conditions of Contract Number 18-TC-038 and related exhibits shall remain unchanged and are in full force and effect. FOR RECIPIENT: SIGNATURE PRINT/TYPE NAME, TITLE 101I7 l-2-,c>zLA Date FOR THE COM UNITY: SIGNATURE �rcd 1' I> CewrAnr .� 11 I' I!1y) r, PRINT/TYPE NAME, TITLI 1117/ Date T FOR IEDA: Deborah V. Durham, Director Date Page 1 EXHIBIT D — JOB OBLIGATIONS Amended August 2023 Recipient: Medline Industries, Inc. and MIZE DIA, LLC Community: City of Dubuque Contract Number: 18-TC-038 This Project has been awarded Project Completion Assistance and Tax Incentives from the High Quality Jobs Program (HQJP) — Tax Credit Component. The chart below outline the contractual job obligations related to this Project. Data in the "Employment Base" column has been verified by IEDA and reflects the employment characteristics of the facility receiving funding before this award was made. Jobs to be retained as a part of this Project must be included in these calculations. Data in the "Jobs To Be Created" column outlines the new full-time jobs (including their wage characteristics) that must be added to the employment base and, if applicable, statewide employment base as a result of this award. At the Project Completion Date and through the Maintenance Period Completion Date, the Recipient must achieve, at a minimum, the numbers found in the "Total Job Obligations" column. Notes re: Job Obligations I . When determining the number of jobs at or above the qualifying wage, wages will include only the regular hourly rate that serves as the base level of compensation. The wage will not include nonregular forms of compensation such as bonuses, unusual overtime pay, commissions, stock options, pension, retirement or death benefits, unemployment benefits or other insurance, or other fringe benefits. 2. Employment Base includes 0 "Retained Jobs". If the Recipient uses or proposes to use a non-standard work week (8 hours a day, 5 days a week, 52 weeks a year including holidays, vacation and other paid leave), check the box below and describe that alternative schedule. The alternative schedule must meet the requirements of 261 IAC 173.2. If the box is not checked or if no alternative schedule is provided, IEDA will consider "Full-time Equivalent (FTE) Job " to mean the employment of one person for 8 hours per day for a 5-day, 40-hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave. El The Recipient shall use an alternative work week for purposes of its employees described in the Contract. The alternative work week is as follows: [description]. Sufficient Benefits Deductible Requirements Recipient shall provide Sufficient Benefits with a maximum deductible of $1,250 for single coverage or $2,500 for family coverage. Page 2 Prepared by: Jill Connors, Economic Development, 50 W. 1311 Street, Dubuque IA 52001, 563 589-4393 Return to: Jill Connors, Economic Development, 50 W. 131h Street, Dubuque IA 52001, 563 589-4393 RESOLUTION NO. 355-23 APPROVING THE THIRD AMENDMENT TO THE ECONOMIC DEVELOPMENT FINANCIAL ASSISTANCE CONTRACT BY AND AMONG MEDLINE INDUSTRIES, INC., MRE DIA, LLC, THE CITY OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY Whereas, Medline Industries, Inc., MRE DIA, LLC (Medline) and the City of Dubuque (City) entered into an Economic Development Financial Assistance Contract (the Contract) with the Iowa Economic Development Authority (IEDA) to facilitate the creation of one hundred five (105) full-time jobs in the City; and Whereas, the parties previously agreed to a First Amendment to the Contract to extend the Project Completion date, approved by the City Council on September 7, 2021; and Whereas, the parties previously agreed to a Second Amendment to the Contract to extend the Project Completion date, approved by the City Council on October 20, 2021; and Whereas, Medline has requested a Third Amendment to the Contract to extend the Project Completion date; and Whereas, the parties agree a Third Amendment is necessary and desire to amend the Contract as set forth in the attached Contract Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Third Amendment to Contract is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute, and the City Manager is hereby directed to submit the Third Amendment to Contract to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 6th day of November, 2023. w +a Cavanagh, Mayor Att st: Adrienne N. Breitfelder, City Clerk