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Purchase of Services Agreement_Dubuque Area Labor Managment CouncilTHE CITY OF Dubuque DUB E AN-Mt~icaCily Masterpiece on the Mississippi 2007 June 19, 2009 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Service Agreement - Dubuque Area Labor Management Council During the Fiscal Year 2010 budget process, the Mayor and City Council provided $30,000 for a Purchase of Services Agreement with the Dubuque Area Labor- Management Council. Budget Director Jennifer Larson is recommending execution of the attached agreement with the Dubuque Area Labor-Management Council to provide funding for improvement and expansion of labor-management cooperation in the public and private sector in the Dubuque area. 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 ~T T~ ~ ~J •~ AlaAmedcaCity ' I Masterpiece on the Mississippi 2007 June 19, 2009 TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director~~ SUBJECT: Purchase of Service Agreement - Dubuque Area Labor- Management Council Attached for City Council approval is the Purchase of Services Agreement with the Dubuque Area Labor-Management Council for the City's financial support for Fiscal Year 2010. The adopted Fiscal Year 2010 operating budget provides a payment of $30,000 to the Dubuque Area Labor-Management Council to provide services related to the maintenance and expansion of a cooperative labor-management resource center, the maintenance of a speakers bureau, publication of a bimonthly newsletter, expansion of educational incentives and outreach, expansion of existing membership, and facilitation of a cooperative effort between labor and management in the City of Dubuque. It is my recommendation that the City Council approves the attached amended purchase of services agreement with the Dubuque Area Labor-Management Council and authorizes the Mayor to execute the contract on behalf of the City. Attachment JML AGREEMENT BETWEEN CITY OF DUBUQUE AND DUBUQUE AREA LABOR MANAGEMENT COUNCIL THIS AMENDED 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 the Dubuque Area Labor-Management Council (Agency). WHEREAS, Agency represents itself as technically and professionally qualified to provide a forum to improve and expand labor-management cooperation in the public and private sector within the Dubuque area; and WHEREAS, City has deemed it to be in the public interest to provide financial assistance to be used to cover general operating expenses of Agency's program. NOW THEREFORE, the parties hereto agree as follows: Scope of Service Agency shall provide within the City of Dubuque the following services: a. the maintenance and expansion of a cooperative labor-management resource center; b. the maintenance of a speakers bureau; c. the publication of a bimonthly newsletter; d. the expansion of educational incentives and outreach; e. the expansion of existing membership; f. and the facilitation of a cooperative effort between labor and management in the city of Dubuque. 2. Time of Performance The term of this Agreement shall be from July 1, 2009 through June 30, 2010. 3. Compensation City shall pay Agency $30,000 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 within ten (10) days after receipt by City of a requisition of such sum from Agency. 4. Discrimination In carrying 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 or disability. Agency shall take affirmative action to insure that applicants for employment are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, religion, 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, or disability. Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall on the grounds of race, color, religion, sex, national origin, age, sexual orientation, or disability 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. 5. Termination of Agreement 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 this Agreement by giving written notice to Agency of such termination not less than five (5) days before the effective date of such termination. 6. Assignability Agency shall not assign any interest in this Agreement without the prior written approval of City. 7-. Insurance At the time of execution of 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. 2 WITNESS: ~-_, .~ ,. ,, ~~ ``~ ` ~ r ,~`eanne F. Schneider, City~C1erk ~` CITY OF ~U~UQUE ~/ ~ t '`{ ~ Roy D. ~if~ol, Mayor r, DUBUQUE AREA LABOR- MANAGEMENT COUNCIL Richard Running, Executive Director T41e ~.~ 1 ~ ~ ..~~' . .~ e ~__ . ~~~4:. March 27, 2009 Dubuque Area Labor Management P O Box 14 Dubuque, IA 52004-0014 Dear Kelly: I have enclosed the policy change endorsement that amends your location address to read: 350 W 6~' Street -Suite 236, Dubuque, IA 52001. There is no change to the premium. Please file the endorsement with your current policy. If you have any questions, please let us know. Sincerely, f v Mark J. Phalen Account Executive ~w Enclosure F~~ied~n~r~z Insica~~trzce, Inc. Frieclna~3i Fin~rzzcircl Ses•vices, bac. 830 Locust Street, Suite 200, P.O. Box 779, Dubuque, IA 52004-0759 Phore: (5631 556-0272 Fax. (SG3) 556-4425 Cin~!innati OH 45250 Dubuque IA 52004-0014 REGARDING POLICY NUMBER _ Change Location address EBP0032624 EFFECTIVE DATE OF CHANGE POLICY PERIOD 3/9/20®g 12/12/2008 - 12!12/2011 DESCRIPTION Effective 3/9/09, please make the following change to the above policy: 1) Change location address to: 350 W 6th Street - Room #336, Dubuque, LA 52001 (Building is non-combustible and it is sprinklered) 2) Remove Additional Insured: McKesson Information Solutions LLC 3) Add Additional Insured - Lessor of Premises: City of Dubuque, 50 W 13th Street, Dubuque, IA 52001 Thanks! RECIPIENT ATTN FROM: Jena wilwert, CISR Friedman Insurance, Znc. Phone: (563)556°0272 x216 Fax: (563)556m4425 f Friedman Insurance, Inc. 880 Locust Street - Suite 200 P O Box 759 Dubuque IA 52004-0759 3/12/2009 009031202926 First Request COMPANY INSURED Cincinnati Insurance Companies Dubuque Area Labor Management Cincinnati Insurance Companies P.O. Box 145496 P O Box 14 Cincinnati OH 45250 Dubuque IA 52004-0014 REGARDING POLICY NUMBER Correct new Loc address EBP0032624 EFFECTIVE DATE OF CHANGE POLICY PERIOD 3/9/2009 12/12/2008 - 12/12/2011 I~FSCRIPTION On 3/9/09, I suhanitted a recPiest to change the location address on the ahrnre policy. I had the "suite" number wrong on my request. Please make the following correction/change: FROM: Suite 336 TO: Suite 236 Thanks! DG!`IDIFAIT ATTN FROM:JPna Wilwert, CISR Friedman Insurance, Inc. Phone: (563)556-0272 x236 Fax: (563)556-4425 TH1~ EN®R~E ENT CH~-NCE~ THE P®LIY. PLEAS REA I°T C EFi1LLY. 1 Effective Date Attached to and forming part of Policy No. EBP o03 26 24 of Endorsement Os-lo-2009 Issued to DUBIIQUE AREA LABOR MANAGEMENT COUNCIL INC Agent FRIEDMAN INSIIRANCE, INC. 14-057 DUBUQUE, IA Endorsement # i PREMiUiut INFOR Tlit~iu ~ ~ ~ ~ ~' ~~' - ~ ~''~~~ ~ ~~ -= ;.>.:. ~~_. L ~: ._ ~_ ;~ _ _-.~~~, ~-~.:;~ _ .~ ~,_ .;~_ . a,,, ~ art, ~:~~ _ Additional Premium Due at Endorsement Effective Date NaNE Subsequent Annual Installments Ina~eased by Revised Annual Installment Payment(s) $375 E Itis agreed tl~e the ~rrt#~~ ~~ as~Eta~ ~~-`°L~ - ~~~:~.~~-~,~~ ~.. ~ ._7r ._ w.: n:t. .x~ ^ Policy Installment Premium amended to: ^ Named Insured ^ Mailing Address ^ Location of Premises (Street, City, State, ZIP Code): Loc. No. /Bldg. No. (1 Forms Added (1 Forms Deleted DELETING LOC. NO. 1 IN ITS ENTIRETY 700 LOCUST ST DUBUQUE, IA 52001-6838 ADDING ADDITIONAL INSIIRED PBR GA457 ATTACHED ADDING LOC. NO. 2 350 ~d 6TH 5T STE 236 DiTBUQUE, IA 52001-4648 ADDING REPLACEMENT COST AMENDATORY ENDORSEMENT PER IA4191 ATTACHED AMENDING IB504 TO INCLUDE LOC. NO. 2 / BLDG. NO. 1 BUSINESS PERSONAL PROPERTY 40,000 RSPLAC~° COST 03-19-2009 14x18 1478 03 ®8 ORIGINAL Page 1 of 1 THIS EN®®RSEMENT CHANGES THE GLICV. PLEASE REA IT CAR Fl1LLY. (UNDERINSURANCE PENALTY REMOVED) This endorsement modifies insurance provided under the following: 13t1SINESSOWNERS PACKAGE POLICY SCHEDULE The following applies only when an entry® is made: This endorsement applies to Covered Property at all "premises°. ® This endorsement applies only to Covered Property at the "premises" scheduled below: Loca#ion Building Number Number a i A. SECTION I -PROPERTY, E. Property Loss Conditions, 5. Loss Payment, a.(4) is deleted and replaced by the following: (4) Repair, rebuild or replace the property with other grope of like kmd and quality, sub- ject to d.(1)(d~ below. B. SECTION t -PROPERTY E. Property Loss Conditions, 5. Loss Payment; d.(1) is deleted and replaced by the following: (9) At replacement cost (without deduction for depreciation), subject to the following: (a) We will pay the cost to repair or re- place, after application of the deducti- ble and without deduction for deprecia- tion, but not more than the least of the following amounts: 9) The Limit of Insurance under this policy that applies to the lost or damaged property; 2) The cost to replace, on the same "premises", the lost or damaged property with other property: a) Of comparable material and quality; and b} Used for the same purpose; or 3) The amount that you actually spend that is necessary to repair or replace the lost or damaged property. If a building is rebuilt at a new prem- ises, the cost is limited tv the cost which would have been incurred had the building been built at the original "premises". (b) You may make a claim for "loss" cov- ered by this insurance on an "actual cash value" basis instead of on a re- placement cost basis. In the event you elect to have "loss" settled on an ac- tual cash value" basis, you may still make a claim on a replacement cost basis 'rf you notify us of your intent to do so within 180 days after the "loss". (c) We will not pay on a replacement cost basis for any "loss°: 1) Until the lost or damaged property is actually repaired or replaced with other property of generally the same construc~on and used for the same purpose as the lost or damaged property; and 2) Unless the repairs or replacement have been completed or at least underway within 2 years following the date of °loss". However, if the cost to repair or replace the damaged building property is $2,500 or less, we will settle the loss according j~ )the provisions of Para- graph d. i a above whether or not the actual repair or replacement is complete. (d) The cost to repair, rebuild or replace does not include the increased cost attributable to enforcement of any ordi- nance or law regulating the construc- tion, use or repair of any property, ex- cept as provided in SECTION I - PROPRTY, A. Coverages: 5. Addi- tional Coverages, b. Building Laws Safeguard. IA 4991 THIS ENRSEI~IENT CHANCES THE ®LICI'. PLEAS RE IT CAREFIJLL,Y. ~' This endorsement modifies insurance provided under the following: BUSINESSOWNERS PACKAGE POLICY DENTIST 5 PACKAGE POLICY SCHEDULE Designation of Premises (Part Leased to You): 350 W 6TH ST STS 236 DUBUQUE, IA 52001 Name of Person or Organization (Additional Insured): CITY OF DUBUQUE 50 W 13TH STREET DUBUQUE, IA 52001 SECTION II -BUSINESS LIABILITY, C. Who is an Insured is amended to include as an insured the person ar organization shown in the Schedule but only with respect to liability arising out of the own- ership, maintenance or use of that part of the premises leased to you and shown in the Sched- ule and subject to the following additional exclu- sions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by ar on be- half of the person or organization shown in the Schedule. c. "Bodily injury", "properly damage" ar "per- sonal and advertising injury" arising out of the sole negligence ar willful misconduct of the additional insured ar its "employees". Includes copyrighted material of ISO GA ~7 ®9 04 Properties, Inc., with its permission.