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Signed Contracts_Inclusive Dubuque Agreement 2017-2018Copyrighted November 6, 2017 City of Dubuque Consent Items # 34. ITEM TITLE: Signed Contracts SUMMARY: Dubuque Initiatives Agreement for 2017-2018. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Dubuque Initiatives Agreement Type Supporting Documentation AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE INITIATIVES THIS AGREEMENT, dated for reference purposes the 1st day of October, 2017, is made and entered into by and between the City of Dubuque, Iowa (City) and Dubuque Initiatives (Initiatives), a nonprofit corporation, for professional services. WHEREAS, Initiatives desires to retain 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; WHEREAS, City personnel are technically and professionally qualified to provide professional staff services to Initiatives. NOW THEREFORE, the parties hereto agree as follows: SECTION 1. CITY RESPONSIBILITIES. City designates its Economic Development Director and its Finance Director to act as its representatives with respect to the services to be performed under this Agreement, and such persons shall have authority to transmit instructions, receive information, and provide decisions in a timely manner pertinent to the services covered by this Agreement. SECTION 2. SCOPE OF SERVICES. City will provide professional staffing services to assist Initiative's Board of Directors in the administration and operation of Initiatives estimated as follows: 2.1 Economic Development. 1) Director — average one (1) hour/week Tasks: • Attend meetings • Follow up via phone 2) Proiect Coordinator — average five (5) hours/week Tasks: • Attend meetings, order meals, take minutes, follow up on action items from meetings • Prepare, compile, distribute, and print agenda materials • Compile financials, develop financial summary 092917baI • Coordinate with property management team on processes, finances • Correspond with legal, accounting, and others to follow up on board requests 2.2 Finance Department. 1) Finance Specialists — average seven (7) hours/month Tasks: • Monthly bank reconciliation • Create monthly financial reports • Enter deposits • Enter journal entries • Enter check information into QuickBooks • Maintain QuickBooks and physical files • Create backups for auditors as needed • Create various accounts as needed 2) Confidential Account Clerk — average one (1) hour/month Tasks: • Cut physical checks • Mail physical checks to vendors • Maintain check log • File backup Individual tracking of time is not required. SECTION 3. TIME OF PERFORMANCE. This Agreement shall be from October 1, 2017 through December 31, 2018. SECTION 4. COMPENSATION. Initiatives shall pay City as compensation for the services provided to Initiatives, which payment shall constitute complete compensation for all services to be rendered under this Agreement, as follows: $2,283.33 on or before the 1st day of October, 2017, and $2,283.33 on or before the 1st day of each succeeding month for an annual amount of $27,400.00. SECTION 5. TERMINATION OF AGREEMENT. Either party may terminate this Agreement for any reason with or without cause upon not Tess than thirty (30) days' written notice delivered to the other party. SECTION 6. INDEMNIFICATION. Initiatives agrees to indemnify and hold harmless City, its officers and employees from and against any and all claims of any kind that may 2 be made against City, its officers and employees arising out of or in connection the negligence of initiatives, its officers and employees in the performance of this Agreement. SECTION 7. NO EMPLOYER-EMPLOYEE RELATIONSHIP CREATED. City's relationship to Initiatives shall be that of independent contractor and this Agreement shall not be construed or interpreted to have created an employer-employee relationship SECTION 8. RECORDS. All documents of any kind created by or provided to City staff in the performance of services under this Agreement shall at all times remain the property of Initiatives and City staff shall make no copies of any of such documents. in the event City is requested pursuant to, or required by, applicable law, regulation, or legal or administrative process to disclose any Initiatives' documents, City shall promptly notify Initiatives in writing so that Initiatives may apply for a protective order or other appropriate remedy at no cost or expense of any kind to City. In the event that Initiatives does not take any action to stop such disclosure or obtain a protective order concerning such disclosure within 48 hours after City provides such notice to Initiatives, City may disclose the requested documents without any liability to City. City agrees to furnish only that portion of documents sought or advised by City's counsel to be legally required. In the event that Initiatives does take any action to stop such disclosure or obtain a protective order, City agrees to cooperate with Initiatives at no cost or expense of any kind to City. CITY OF DUBUQUE, IOWA By: Michael C. Van Milligen City Manager DUBUQUE INITIATIVES By: F:\Users\tsteckle\Lindahl\Agreements\Dubuque Initiatives_092917.docx 3 THE CITY OF DUIJ0fJE Masterpiece on the Mississippi Dubuque kilfril AII-America City 1 2007 • 2012 • 2013 • 2017 Economic Development Department 50 West 130 Street Dubuque, Iowa 52001-4864 Office (563) 589-4393 TTY (563)690-6678 http //www cityofdubuque org TO: Michael Van Milligen, City Manager FROM: Jill Connors, Economic Development Project Coordinator SUBJECT: City Staffing Agreement with Dubuque Initiatives DATE: October 9, 2017 INTRODUCTION This memorandum presents an agreement between Dubuque Initiatives (DI) and the City of Dubuque (City) for the City to provide contractual staffing services for DI from October 1, 2017 through December 31, 2018, and requests your signature BACKGROUND As an all -volunteer board of directors, the non-profit, economic development entity of Dubuque Initiatives has contracted with the City to provide staffing services such as meeting coordination and conducting of financial transactions since entering into a Memorandum of Agreement with the City on August 17, 1981 following the City's receipt of CDBG funding under grant agreements B -80 -MC -19-0004 and B -81 -MC -19-0004 DISCUSSION Over the years, City staff have continued to provide services for DI, adjusting the annual payment for services as appropriate for the scope of services The only record found at this time of the last several years' worth of rate negotiations are in email records As such, we have drafted and proposed the attached agreement for staffing services to DI DI currently pays the City $27,400 annually for staffing services, paid in quarterly installments This agreement maintains the $27,400 annual rate with monthly installments, beginning October 2017 and through December 2018 The agreement does not create an employer-employee relationship between the City and DI The board voted in favor of entering into this agreement at its regular meeting on October 9, 2017 RECOMMENDATION/ ACTION STEP I respectfully request your signature on the attached agreement with DI, for the City to provide staffing services for the board. Cc: Maurice Jones, Economic Development Director Barry Lindahl, Senior Counsel Jean Nachtman, Finance Director