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Purch of Services - GDDCCITY OF DUBUQUE, IOWA MEMORANDUM June 6, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Purchase of Service Agreement - Greater Dubuque Development Corporation During the Fiscal Year 2002 budget process, the Mayor and City Council provided $127,500 for the Purchase of Service Agreement with the Greater Dubuque Development Corporation including $87,500 for funding of GDDC and $40,000 for marketing of the City's industrial parks. Administrative Services Manager Pauline Joyce is recommending execution of the attached agreement with the Greater Dubuque Development Corporation for support of their economic development services. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/ksf Attachment Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Pauline Joyce, Administrative Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM June 6, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Pauline Joyce, Administrative Services Manager Purchase of Service Agreement - Greater Dubuque Development Corporation Attached for City Council approval is the Purchase of Service Agreement with the Greater Dubuque Development Corporation for the City's financial support during Fiscal Year 2002. The adopted Fiscal Year 2002 operating budget provides $87,500 to help fund the Greater Dubuque Development Corporation economic development services and $40,000 for marketing of the City's industrial parks. It is my recommendation that the City Council approve the attached Purchase of Services Agreement with the Greater Dubuque Development Corporation and authorize the Mayor to execute the contract on behalf of the City. PJ/ksf Attachment CITY OF DUBUQUE, IOWA, AND GREATER DUBUQUE DEVELOPMENT CORPORATION PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT, entered into this 1st day of July, 2001, by and between the City of Dubuque, Iowa, herein referred to as the "City", and the Greater Dubuque Development Corporation, a nonprofit corporation, herein referred to as the "Corporation", for economic development services. WHEREAS, the Corporation has retained professional staff for the formulation and implementation of programs for the enhancement of economic conditions and employment generating opportunities in the City of Dubuque and its environs; and WHEREAS, the Dubuque Area Chamber of Commerce, the County of Dubuque, Iowa, and private contributors have allocated funds or other resources for the support of the Corporation. NOW THEREFORE, the parties hereto agree as follows: Term of Aqreement. This Agreement shall be for a term commencing on July 1, 2001, and ending June 30, 2002. Purpose. It is an expressed purpose of the City to maintain an economically viable community by encouraging pdvate sector development, which produces jobs and expands the local tax base. The City seeks the assistance of the Corporation in being part of a program of coordinated economic development activities which will assure: (a) that local firms having potential to expand shall have sites and other resources available to facilitate such expansion; (b) that other resources shall be developed to aid in the recruitment of business and industry, especially those that offer employment opportunities; and that such other activities as may stimulate private sector employment expansion shall be undertaken. Services. The Corporation agrees to carry out the activities described in "Appendix A - Scope of Activities", hereto attached. The City agrees to perform its responsibilities set forth in the same Appendix. Amendments and Chanqes. The City and the Corporation recognize and mutually agree that the activities to be undertaken and the amounts proposed to be expended are subject to modification as economic development needs and opportunities change. Therefore, the program of work set forth in Appendix A is intended to serve as an outline of activities that may be addressed during the period of this Agreement, and may be amended with the approval of the City Manager. Compensation. The City will pay to the Corporation for Fiscal Year 2002 an amount not to exceed $87,500, which amount shall constitute complete compensation for all services to be rendered. Such amount will be paid in four equal installments of $21,875 payable September 30, 2001, December 31,2001, March 31, 2002 and June 30, 2002. Evaluation and Audit. Inasmuch as the funds are provided to the Corporation by the City, and are subject to audit and performance evaluation to insure that activities and the expenditures are carried out according to requirements of the Agreement, the Corporation will maintain books of account conforming to accepted accounting standards, together with necessary documentation to support all expenditures. The records of the Corporation, including payroll accounts and other records of disbursements and receipts, and other records relating to the performance of the activities herein specified, including records of contracts and solicitations of businesses and industries which may otherwise be subject to rules of confidentiality, shall be made available for inspection by the City or any Certified Public Accountant acting on its behalf, in order to ascertain performance of the Corporation under this Agreement. The Corporation agrees to retain such records for not less than three (3) years. Reportin.q and Monitorinq. A status report shall be made to the City Council during January and June 2002. Written progress reports shall be rendered 'monthly no later than fifteen (15) days after the end of each month. Such reports shall include a report as to the progress on city projects. In addition, corporation shall provide to City a copy of any studies, documents, or reports which may be produced under the activities described in Appendix A, which may be evidence of work performed and which do not otherwise violate the confidentiality of any business or industry contacts that may be developed during the course of this Agreement. The Corporation and the City agree that the coordination of efforts, particularly at the staff level, is essential to the success of the scope of activities noted above. Therefore, the City Manager and such other of his staff as he may direct shall meet with the Corporation's Executive Director or other Corporation representatives at least once each month to review progress under each of the activities noted above. Discrimination. In carrying out this Agreement, the Corporation shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, disability, or national origin. The Corporation shall take affirmative action to insure that applicants for employment are employed and that employees are treated during employment without regard to their race, color, religion, sex, age, disability or national origin. Such actions shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; lay-oft or termination; rates of pay or other forms of compensation; and selection for training, including apprentice-ship. The 2 Corporation shall state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, age, disability, or national origin. Interest of Member, Officers or Employees of the City of Dubuque. Members of the Dubuque City Council, or Other Public Officials. No member, officer or employee of the City, or its designees or agents, no member of the Dubuque City Council and no other public official of the City who exercises any function or responsibilities with respect to the program during his or her tenure, or one year thereafter, shall have any financial interest, direct or indirect, in this Agreement or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. 10. Termination of Contract. If, through any cause, the Corporation shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Corporation shall violate any of the covenants, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Corporation of such and specifying the effective date thereof, at least thirty days before the effective date of such termination. Upon termination of this Agreement the Corporation will return to the City all unexpended funds and/or any funds utilized for purposes other than stated in the Agreement. 11. Compliance with Local Laws. The Corporation shall comply with all applicable laws, ordinances, and codes of the State of Iowa and the City of Dubuque. 12. Assignability. The Corporation shall not assign any interest in this Agreement, and shall not transfer any interest in the Agreement, without the prior written permission of the City. WITNESSED: Terrance M. Duggan, Mayor CITY OF DUBUQUE, IOWA Jeanne F. Schneider City Clerk Mayor GREATER DUBUQUE DEVELOPMENT CORPORATION Rick Dickinson, Executive Director APPENDIX "A" SCOPE OF ACTIVITIES GENERAL ECONOMIC DEVELOPMENT SERVICES Corporation Responsibilities The Corporation shall respond to inquiries from the public and provide general information regarding available commercial and industrial development. It shall prepare a monthly business barometer for general circulation. In collaboration with the Chamber of Commerce and others, it shall assemble and publish an annual Dubuque Area Industrial Director. City Responsibilities The City shall provide the Corporation with current information on City financial assistance programs, and proposed terms, and on other matters relating to the City's policies and capacity to support-business development. The City will collaborate with Corporation staff on response to business inquiries and related matters. The City shall be fully responsible for establishing and negotiating all terms and conditions for City economic development programs. DUBUQUE AREA ECONOMIC DEVELOPMENT PROMOTION, MARKETING AND RECRUITMENT Corporation Responsibilities The Corporation will prepare promotion and marketing materials illustrating Dubuque and Dubuque area industrial development opportunities, including production of a videotape and acquisition of print materials to provide information on employment development opportunities. The Corporation shall assemble an industrial development information base, including but not limited to labor force availability, wage rates, industrial site availability and cost, utility capacities, transportation services, medical care, and other information that may be useful in the industrial location process. The Corporation shall promulgate such materials in response to inquiries and to other opportunities. City Responsibilities The City, in collaboration with Dubuque In-Futuro, Inc., will furnish the Corporation with appropriate graphic materials describing the Dubuque Industrial Center and other projects of special interest to the City. The City will advise on information to be incorporated in the marketing program, and provide ongoing guidance and input to the Corporation. The City will be fully responsible for establishing and negotiating all terms and conditions for City economic development programs.