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POS FY09_Every Child Every PromiseTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 May 21, 2008 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Service Agreement - Every Child Every Promise During the Fiscal Year 2009 budget process, the Mayor and City Council provided $25,000 for a Purchase of Services Agreement with Every Child Every Promise. Budget Director Jennifer Larson is recommending execution of the attached agreement with Every Child Every Promise to provide funding for operating funds. The City's contribution helps to fund afull-time Executive Director and the necessary expenses to support this position. The City Council has designated Every Child Every Promise as a priority. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jml Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jenny Larson, Budget Director THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 May 21, 2008 TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director SUBJECT: Purchase of Service Agreement - Every Child Every Promise Attached for City Council approval is the Purchase of Services Agreement with Every Child Every Promise for the City's financial support for Fiscal Year 2009. The adopted Fiscal Year 2009 operating budget provides a payment of $25,000 to provide operating. The City's contribution helps to fund afull-time Executive Director and the necessary expenses to support this position. The City Council has designated Every Child Every Promise as a priority. It is my recommendation that the City Council approves the attached purchase of services agreement with Every Child Every Promise and authorizes the Mayor to execute the contract on behalf of the City. JML Attachment AGREEMENT BETWEEN CITY OF DUBUQUE, IOWA, AND EVERY CHILD EVERY PROMISE THIS AGREEMENT, dated for reference purposes the 1st day of July 2009, is made and entered into by and between the City of Dubuque, Iowa (City) and Every Child Every Promise (Agency). WHEREAS, Agency represents itself as technically and professionally qualified to engage with public, private, and nonprofit resources and organizations to ensure the successful implementation of the strategic plan for Every Child Every Promise; and WHEREAS, City has deemed it to be in the best interest to provide financial assistance for afull-time Executive Director to oversee the Every Child Every Promise initiative. NOW THEREFORE, the parties hereto agree as follows: 1. Scope of Service Agency shall provide afull-time Executive Director to oversee Every Child Every Promise and shall be responsible to help implement the Every Child Every Promise process, which includes providing the following Five Promises: • Caring adults • Safe places and constructive use of time RECEIVED JUN 11 2008 • Healthy start and healthy development • Effective education for marketable skills and lifelong learning • Opportunities to make a difference through helping others 2. Time of Performance The term of this Agreement shall be from July 1, 2008, through June 30, 2009. 3. Compensation City shall pay Agency $25,000 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 one year from the date of the first payment to Agency in Fiscal Year 2008 upon receipt by City of a requisition for such sum from Agency. 4. Audit and Evaluation 1 Inasmuch as the funds to be provided Agency by City are publicfunds, Agency agrees that it shall maintain books of account in accordance with generally accepted accounting standards together with necessary documentation to support all expenditures. Agency shall provide City quarterly written reports detailing its activities beginning for the quarter ending September 30, 2009. Such report shall be due ten days after the end of each quarter. Accompanying each quarterly report shall be copies of any studies, brochures, or other non-confidential documents, which Agency has produced during the relevant quarter. 5. Discrimination In carrying out the services of 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, 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, or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 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, or 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, creed, color, sex, age, national origin, religion, sexual orientation, or disability. 6. Interest of Members. Officers. or Employees of the City of Dubuaue: Members of the Dubuaue Citv Council: or Other Public Officials No member, officer, or employee of City or their designees or agents; no member of the Dubuque City Council; and no other public official of City who exercises any function or responsibilities with respect to the program during such person's tenure shall have any interest, direct or indirect, in this contract or the proceeds thereof for work to be performed in connection with the program assisted under this Agreement. 7. Termination of Aareement This agreement may be terminated by either party by giving the other party a written, ninety (90) day notice of such termination or upon such other terms as may be mutually agreeable. If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, City shall have the right to terminate 2 this Agreement by giving written notice to Agency of such termination not less than five (5) days before the effective date of such termination. 8. Assignability Agency shall not assign any interest in this Agreement without prior written approval of City. 9. Insurance At the time of execution f this Agreement by Agency, Agency shall provide City copies of Agency's insurance certificates showing general liability, automobile liability, and workers compensation insurance coverage to the satisfaction of City for the term of this Agreement. WITNESS: Jeanne F. Schneider, City Clerk CITY OF DUBUQUE Roy D. Buol, Mayor EVERY CHILD EVERY PROMISE Mae Hingtgen, Exectuvie Director