Loading...
CS Agreement_Matter Creative CenterMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Services Agreement — Matter Creative Center DATE: June 11, 2013 Dubuque All- America City 11111! 2012 During the Fiscal Year 2014 budget process, the Mayor and City Council provided $15,000 for the Purchase of Services Agreement with Matter Creative Center. Budget Director Jennifer Larson is recommending execution of the attached contract with Matter Creative Center. In FY 2013, this agreement was expanded to include attachment of the City Council goals and priorities. In FY 2014, the agreement is modified to advise that the City Manager, or the City Manager's designee, is the City's representative with respect to the work to be performed under this agreement. I concur with the recommendation and respectfully request Mayor and City Council approval. Michel C. Van Milligen MCVM /jml Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Jenny Larson, Budget Director Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director SUBJECT: Purchase of Services Agreement — Matter Creative Center DATE: June 11, 2013 Dubuque All- America City 11111! 2012 Attached for City Council approval is the Contracted Services Agreement with Matter Creative Center for Fiscal Year 2014. The adopted Fiscal Year 2014 operating budget reflects a payment of $15,000 to Matter Creative Center, for financial assistance to provide new arts programming and partnerships that connect people with the Historic Millwork District and brand Dubuque as a regional arts and culture hub. Matter Creative Center utilizes these funds to provide a part -time development director position to pursue renewable funding sources that support and expand the vibrant art programming and to develop new arts programming and partnerships that connect people with the Historic Millwork District and brand Dubuque as a regional arts culture hub. In FY 2013, this agreement was expanded to include attachment of the City Council goals and priorities. In FY 2014, the agreement is modified to advise that the City Manager, or the City Manager's designee, is the City's representative with respect to the work to be performed under this agreement. It is my recommendation that the City Council approves the attached Purchase of Services Agreement with Matter Creative Center, and authorizes the Mayor to execute the contract on behalf of the City. JML Attachment AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MATTER CREATIVE CENTER THIS AGREEMENT, dated for reference purposes the 1st day of July, 2012, is made and entered into by and between the City of Dubuque, Iowa (City) and Matter Creative Center (Agency). WHEREAS, City desires to engage the service of Agency to provide new arts programming and partnerships that connect people with the Historic Millwork District and brand Dubuque as a regional arts and culture hub; and WHEREAS, Agency is willing to provide such services to City upon the terms and conditions set forth herein. NOW THEREFORE, the parties hereto agree as follows: 1 Scope of Service Agency shall provide a part -time development director position to pursue renewable funding sources that support and expand the vibrant art programming and to develop new arts programming and partnerships that connect people with the Historic Millwork District and brand Dubuque as a regional arts culture hub. Agency shall comply with City Council goals and priorities set forth in Attachment A. 2. City Responsibilities City designates the City Manager, or the City Manager's designee, to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. 3. Time of Performance The term of this Agreement shall be from July 1, 2013 through June 30, 2014. 4. Compensation City shall pay Agency $15,000 as compensation for the services provided by Agency, which payment shall constitute full and complete compensation for such services. The compensation shall be paid by City to Agency upon receipt by City of a requisition for such sum from Agency. 5. Audit and Evaluation Inasmuch as the funds to be provided to Agency by City are public funds, the Agency agrees that it will maintain books of account in accordance with Generally Accepted Accounting Standards together with necessary documentation to support all expenditures. The records of Agency, including payroll accounts and other records of disbursements and receipts, and other records relating to the performance of the activities herein specified, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, in order to ascertain performance of Agency under this Agreement. Agency agrees to retain such records for not Tess than three (3) years. 6. Reporting and Monitoring Agency shall render to the City Manager a monthly written report detailing its activities related to the use of City funds provided to Agency. Such report shall include a performance report on the program(s) supported by City funds and a financial report on the use of City funds, which shall be rendered no later than the fourth Thursday of the succeeding month. A written annual report shall be submitted to the City Council within sixty (60) days of year end. The annual report shall include a performance report on the program(s) supported by City funds and a financial report on the use of City funds. If Agency has an annual audit performed, Agency shall provide City a copy of the annual audit report within three months of year -end. 7 Discrimination In carrying out the services under this Agreement, Agency shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Agency shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Agency assures that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity or disability. Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall be excluded from participation in, be denied the benefits of, nor be subjected to discrimination under any program or activities funded in whole or in part with any of the funds made available to Agency under the terms of this Agreement because of race, color, 2 oroed, religion, sex, national origin, age, sexual orientation, or disability. 8. Termination OfAgreement If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements or stipulations of this Agreement, City shall thereupon have the right to terminate this Agreement by giving written notice to Corporation of such and specifying the effective date thereof not less than thirty days before the effective date of such termination. If Agency shall fail to cure its defautt to the satisfaction of City in City's sole discretion within such thirty day period, this Agreement shall be deemed terminated at the end of such thirty day period without further action of either party. Upon termination of this Agreement, Agency shall return to City all unexpended funds and/or any funds utilized for purposes other than stated in the Agreement. S. Assignability Agency shall not assign any interest in this Agreement without the prior written approval of City. 10. Insurance At the time of execution of this Agreement by Agency, Agency shall provide City copies of Agency's insurance certificates showing compliance with the insurance requirements of Insurance Schedule D. included as Attachment B. CITY OF DUBUQUE, IOWA / Roy D. o [ Mayor Witness: '-'- ' --'----- -- Kevin .~. F|[O8t�N City ' ' MATTER CREATIVE CENTER ~�- (�W���~�- DeGree, Executive Director 3 Attachment A The following is the official Vision & Mission Statements, Five Year City and Community Goals, Top & High Priorities for the City of Dubuque as well as the Management Plan and Major Projects as adopted by the Dubuque City Council at their annual goal- setting session August 27 — 28, 2012. The Dubuque 2027 Vision Statement The city of Dubuque is a progressive, sustainable city with a strong diversified economy and expanding global connections; the Dubuque community is an inclusive community celebrating culture and heritage and has actively preserved our Masterpiece on the Mississippi; Dubuque citizens experience healthy living and active retirement through quality, livable neighborhoods and an abundance of fun things to do and they are engaged in the community, achieving goals through partnerships; and Dubuque City government is financially sound and providing services with citizens getting value for their tax dollars. Mission Statement The City's mission is to deliver excellent municipal services that support urban living, and contribute to a sustainable city. The City plans for the community's future, and facilitates access to critical human services. The result is a financially sound city government and citizens getting services and value for their tax dollar. Five -Year City Goals Planned and managed growth Partnering for a better Dubuque Improved connectivity — transportation and telecommunications Five -Year Community Goals for a Sustainable Dubuque Economic Prosperity Social /Cultural Vibrancy Environmental Integrity 4 2012 - 2014 Top Priorities: 1) Arts and Culture Strategy: Evaluation, Direction, Goals, City Action, City Funding City Community Goal it is under: Social Cultural Vibrancy Objectives for Social Cultural Vibrancy: • Increase the mutual understanding, acceptance and tolerance among all regardless of their ethnic background or lifestyle • Continue to become an inclusive community in which all feel welcome and included • Increase resident interaction using vehicles like clean up campaigns, neighborhood picnics, new neighbor welcoming events and other strategies development by residents. • Become a regional hub for arts and culture • Have an efficient public health system that focuses on prevention and wellness Means to Residents (outcomes): • Everyone is welcome in the Dubuque community • Living life without fear or threats • Equal treatment for all by City staff • City services are available for all and delivered in an equitable and fair manner • City workforce reflecting the diversity of the community • Opportunities to experience arts and culture 2) Community Organizations: City Support and Funding a. Every Child Every Promise b. Project Hope c. Dubuque Works d. Distinctively Dubuque e. Dubuque Concierge Welcoming Program f. Initiatives for Inclusiveness Community Goal it is under: Social /Cultural Vibrancy (see description under Top Priority #1) 3) Dubuque Millwork District Master Plan: Projects, Parking Solutions City Goal it is under: Planned and Managed Growth Objectives for Planned and Managed Growth: • Complete the Historic Millwork District as a thriving mixed use development with residential, retail /office, entertainment — a model for developers and other cities • Have safe, healthy neighborhoods citywide and homes with a variety of housing options • Have a thriving Downtown with professional offices, retail, residential and entertainment • Continue strong vibrant 24/7 residential /central business core (Main Street Service Area Downtown and Warehouse District) — including residential opportunities • Annex areas consistent with the annexation policy, including City services to annexed area 5 • Increase the visual appeal and beauty with attractive gateways, corridors, neighborhoods, homes and businesses • Develop Washington Neighborhood as a model for other neighborhoods Means to Residents (outcomes): • Stable property taxes for residents and businesses • More job opportunities for all skill levels • Choice of livable neighborhoods • Opportunities for our children to stay in Dubuque • Predictable future development • Quality services to residents in annexed area 4) Mystique Casino: Evaluation and Direction Community Goal it is under: Economic Prosperity Objectives for Economic Prosperity: • Diversify the regional Dubuque economy • Retain, expand and grow local businesses, attract new businesses and to provide a more diverse tax base and job opportunities • Have the infrastructure and amenities to support economic development and growth: industrial /business parks, streets and utility services, air service and housing • Have employment opportunities for persons of all skill and education levels • Work with viable not - for - profit partners: Greater Dubuque Development Corporation, Dubuque Initiatives, Washington Neighborhood Development Corporation, Dubuque Main Street, Dubuque Area Chamber of Commerce, Community Foundation of Greater Dubuque, local colleges (100 mile radius) and others for economic prosperity • Have a workforce prepared for 21st century jobs • Have top quality life options and job opportunities for all residents • Embrace diverse population that support a multicultural workforce Means to Residents (outcomes): • Young professionals want to live here • Our children want to return to raise their families • More retail, service and entertainment opportunities — keeping dollars in Dubuque • Insulation from economic cycles through diverse businesses • Variety of job opportunities to citizens • Variety of education opportunities and internships for those jobs • Entrepreneurial opportunities to start and grow your business in the community 5) Southwest Arterial Funding City Goal it is under: Improved Connectivity: Transportation and Telecommunications Objectives for Transportation and Telecommunications: • Increase and sustain commercial air service, including additional provider(s) and hub(s) • Have the ability to drive the Southwest Arterial (Iowa Highway 32) • Develop a new model for public transit with high ridership by choice (working with ECIA) • Develop passenger rail service to Chicago 6 • Develop an up -to -date, modern air terminal that appeals to air travelers • Improve traffic flow throughout the City — East -West Corridors, roundabouts, light synchronization • Use "Complete Streets Concepts" • Develop Fiber Redundancy Means to Residents (outcomes): • Reduced traffic congestion and improved traffic flow • Better conditions of streets, eliminated obstructions, and improved visibility • Commuting through telecommunications • Greater economic opportunities • Air access to multiple hubs 2012 - 2014 High Priorities: 1) GDDC: City Support City Goal it is under: Economic Prosperity (see description under Top Priority #4) 2) Indoor Aquatic Center: Evaluation, Direction and School Partnership City Goal it is under: Partnering for a Better Dubuque Objectives for Partnering for a Better Dubuque: • Federal and State lobbying and advocacy for Dubuque • Partner for economic and workforce development • Partner with education • Partner for culture and arts • Partner for support of families and children • Partner for housing opportunities • Partner for healthcare and wellness • Partner for historic preservation • Partner for delivery of human services — meeting the needs of the underserved • Partner for sustainability • Maintain and enhance private - public partnerships with common goals and commitments to shared resources that benefit the Dubuque community • Increase resident engagement in the City's governance processes Means to Residents (outcomes): • Bigger "bang" for tax dollars • Enhanced economic development opportunities • More ownership of end products — people involved in the process, and support outcomes • Better access and use of facilities • Protection of your interests 7 3) Masterplan for Chaplain Schmitt Island: Development City Goal it is under: Economic Prosperity (see description under Top Priority #4) 4) Safe Community Initiative: Monitoring and Next Steps Community Goal it is under: Social /Cultural Vibrancy (see description under Top Priority #1) 5) Skate Parks City Goal it is under: Partnering for a Better Dubuque (see description under High Priority #2) 6) Street Improvement Program City Goal it is under: Improved Connectivity: Transportation and Telecommunications (see description under Top Priority #5) 7) Third Grade Reading Strategy: Direction and Implementation City Goal it is under: Partnering for a Better Dubuque (see description under High Priority #2) 2012 — 2014 Management Agenda: ECONOMIC PROPERITY GOAL • Dubuque Initiatives: Next Step • Green Jobs Training Program • Workforce Market Rate Housing Strategy • NICC Job Training Grant • Renewable Energy Program ENVIRONMENTAL /ECOLOGICAL INTEGRITY GOAL • Sustainability Purchasing Policy and Procedures • Energy Efficiency Community Block Grant (EECBG) Implementation • AVL for Transit • Grand River Center Electric Meters Project • University of Iowa Initiative for Sustainable Communities Projects • Green Team Work Plan: Implementation • Sustainability Curriculum in School System • City Operations: Sustainability Performance Measures • Dubuque Regional Smart Plan: Development • Department of Energy Smart Grid Grant • FEMA Flood Plain Maps: Amendment • Sustainable Design Standards and Incentives • DMASWA Landfill: Methane, Next Cell Approval, Compost: Quality and Quantity 8 SOCIAL /CULTURAL VIBRANCY GOAL • City Workforce Diversity: Recruitment and Selection • Territory Accountability Design: Targeted Actions • Multi- Cultural Center Building Expansion • Local Foods Program: Implementation • Urban Gardens: Development • Citizen Academy: Development • Intercultural Competency Program within City Government: Self Assessment, Training • Police Explorer Program: Support • Police -Race Dialog • Sustainable Dubuque Indicators Software Tool: Implementation PLANNED AND MANAGED GROWTH GOAL • Housing Program: Direction (including Section 8) • Inflow and Infiltration Program /Home Inspections: EPA Consent Decree Implementation • Surveillance and Security Camera Strategy: Design, Funding, Implementation • City Comprehensive Plan: Update • Census Count Resolution • Flood Wall: Funding, Evaluation, Cell Protection • SUDAS City Engineering Standards: Update • Bee Branch Creek Restoration Project: Railroad Resolution, Upper Branch Design, Land Acquisition, Funding PARTNERING FOR A BETTER DUBUQUE GOAL • Parks - School Joint Projects and Services: City Actions • City Volunteer Program: Development • Sister City Program: Delegation to Potential City • All America City Award • Dog Park Concept Plan: Development, Direction • Veterans Memorials: Marshall Park, Miller- Riverview Park, Chaplain Schmitt Island • Handicap Accessible for Parks: Direction • AmeriCorps Program: Training • Green Vision - Education • Bridges out of Poverty Program: City Support IMPROVED CONNECTIVITY: TRANSPORTATION AND TELECOMMUNICATIONS • Smart Transportation Program • Transit for College Routes: Implementation • Trolley Upgrades: Grant Funding • Traffic Signal Synchronization: Citywide OTHER CITY ACTIONS: 9 • Quarterly Budget Monitoring Process: Implementation • Performance Measures: Implementation • Budget and Financial Report: Re -write • Website Content Management (CivicPlus) • Citizen Response Management System (WebQA) • 900 MHz Data System: Expansion • Employee Wellness Program: Five -Year Goals, City Internet Posting • Employee Involvement Teams: Expansion • Healthcare Cost Containment: Modified Prescription Drugs Program, Agreement with Hospitals • Police Officer Recruitment and Retention: Actions • Bond Rating Review Major Projects: ECONOMIC PROPERITY GOAL • Riverfront Marina /Transient Boat Dock • South Siegert Farm Industrial Park ENVIRONMENTAL /ECOLOGICAL INTEGRITY GOAL • Crescent Health Center 18th Street Building Renovation PLANNED AND MANAGED GROWTH GOAL • Water and Resource Recovery Center 10 City of Dubuque Insurance Requirements for Special Event Permits 1. Insurance Schedule D shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to effective date of permit. Each Certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project or Lease of premises at or construction of 2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the City of Dubuque. 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. All required endorsements to various policies shall be attached to Certificate of insurance. 6. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. 7. Provider shall be required to carry the minimum coverage /limits, or greater if required by law or other legal agreement, in Exhibit I. 8. Whenever an ISO form is referenced the current edition of the form must be used. Page 1 of 2 Schedule D, Special Event Permits April, 2013.Doc City of Dubuque Insurance Requirements for Special Event Permits Insurance Schedule D (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products - Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 a) Coverage shall be written on an occurrence, not claims made, form. All deviations from the standard I50 commercial general liability form CG 0001, or Business owners form BP 0002, shall be clearly identified. b) Include endorsement indicating that coverage is primary and non - contributory. c) Include an endorsement that deletes any fellow employee exclusion. d) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers. Use I50 form CG 2026. B) AUTOMOBILE LIABILITY $1 000 000 (Combined Single Limit) C) LIQUOR LIABILITY $ 1,000,000 (only if alcoholic beverages served) Page 2 of 2 Schedule D, Special Event Permits April, 2013.Doc