Purchase of Services Agreement_Dubuque Main StreetTHE CTTY OF ~~D,,u~~b~~uq,,~~u,,,,//e
A~
DLTB E
1 ~
Masterpiece an 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 Main Street
During the Fiscal Year 2010 budget process, the Mayor and City Council provided
$59,276 for a Purchase of Service Agreement with Dubuque Main Street.
Budget Director Jennifer Larson is recommending execution of the attached Purchase
of Service Agreement with Dubuque Main Street. to provide funding for the agency to
continue to implement a downtown revitalization program and to help fund a part time
development position to help manage the economic development and design
assistance function of the Warehouse/Millworking District.
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
June 19, 2009
T'®: Michael C. Van Milligen, City Manager
FIVI: Jennifer Larson, Budget Director
SU JECT: Purchase of Service Agreement with Dubuque Main Street
Attached for City Council approval is the Purchase of Services Agreement with
Dubuque Main Street for the City's financial support for Fiscal Year 2010.
The adopted Fiscal Year 2010 operating budget provides for the payment of $49,276 to
Dubuque Main Street. City funding enables the agency to continue to coordinate a
downtown revitalization program aimed at the creation and retention of jobs, prevention
and elimination of slum and blight, enhancement of the local tax base, and capturing of
private investment.
The adopted Fiscal Year 2010 operating budget also provides for the payment of
$10,000 to Dubuque Main Street. This payment helps to fund a part time development
position to help manage the economic development and design assistance function of
the Warehouse/Millworking District.
It is my recommendation that the City Council approves the attached Purchase of
Service Agreement with Dubuque Main Street and authorizes the Mayor to execute the
contract on behalf of the City.
Attachment
JML
THIS AGREEMENT, dated for reference purposes the 1st day of July, 2009, is
made and entered into by and between the City of Dubuque, (City) and Dubuque Main
Street, a nonprofit corporation (Agency).
WHEREAS, the City desires to engage the services of Agency to provide and
implement a downtown revitalization program aid to provide a part time development
position; and
WHEREAS, Agency has indicated its willingness to provide such services to the
City;
NOW THEREFORE, the parties hereto agree as follows:
1. Scope of Services
Agency shall:
a) coordinate a downtown revitalization program aimed atthe creation and retention of
jobs, prevention and elimination of slum and blight, enhancement of the local tax
base and the capturing of private investment;
b) develop and conduct ongoing public awareness and education programs designed
to enhance appreciation of the district's architecture and other assets;
c) work with appropriate public agencies at the local, state and federal levels to obtain
necessary funding for downtown revitalization projects. These may include but not
be limited to design assistance, promotional publications, building rehabilitation,
parking and public improvements;
d) utilize the National Trust's Main Street project format, develop and maintain data
systems to track the process and progress of the project. These include, but are
not limited to, economic data monitoring, individual building files, thorough
photographic documentation of all physical changes and information on job creation
and business retention; and
e) provide a part time development position to help manage the economic
development and design assistance function of the Warehouse Millworking District.
f) The City of Dubuque, Grand Opera House and Dubuque Main Street have
collaborated on the installation and management of a sign on 8t" Street. As agreed,
the sign will be a public sign with an electronic reader board for advertising public
events, and will include permanent signage for the Grand Opera House. The
message control center for the reader board shall be located in the offices of the
Grand, and the design may also include a remote center at City Hall. Control and
responsibility of the message center will be jointly coordinated between the Grand,
the City of Dubuque and Dubuque Main Street. On-going maintenance will be the
joint responsibility of the Grand and the City of Dubuque. The Grand will be
responsible only for those elements of the sign that identify the Grand on the
structure. Insurance coverage for the sign will be included in the City of Dubuque's
existing policy.
2. Time of Performance
The term of this agreement shall be from July 1, 2009 through June 30, 2010.
3. Compensation
City shall pay to Agency a total of $59,276.00 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 in four equal
installments of $14,819, payable September 29, 2009, December 29, 2009, March 30,
2010, and June 29, 2010 upon receipt by City of a requisition for such sum from
Agency.
4. Audit and Evaluation
Inasmuch as the funds to be provided to Agency by City are subject to audit and
performance evaluation, Agency shall maintain books of accounts conforming to
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 any 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 behalf of City, in order to ascertain performance of Agency
under this Agreement. Agency agrees to retain such records for not less than three (3)
years following the termination of this Agreement.
5. Reporting and Monitoring
a) Agency shall render to City a monthly written report detailing its activities. Such
report shall be rendered no later than the fourth Thursday of the succeeding month.
Semi-annual reports shall be submitted to the City Council (January and July 2009)
and an annual report shall be submitted within sixty (60) days of year end.
b) To aid in coordinating and directing the execution of this Agreement, when deemed
necessary, a monthly meeting will beheld with Agency staff and the Community and
Economic Development Department, and other parties deemed appropriate by City
2
and Agency. Such meetings will be held to insure proper communication and avoid
duplication of efforts between City and Agency.
6. Amendments and Changes in Scope of Services
Any changes in the Scope of Services contained in this Agreement shall require the
prior written approval of City.
7. Discrimination
In carrying the services under this Agreement, Agency shall not discriminate against
any employee or applicant for employment because of race, color, religion, sex, age,
national origin, 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, color, religion, sex, age, national origin,
sexual orientation, 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 shall post in conspicuous
places, available to employees and applicants for employment, notices to be provided
by City setting forth the provisions of this nondiscrimination clause. Agency shall state
that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, age, national origin, sexual orientation, or disability.
8. Interest of Officers or Employees of the City of Dubuque, Members of the Dubuque City
Council or Other Public Officials
No 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 persons tenure, or for one year
thereafter, shall have any 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.
9. Termination of Agreement
If, through any cause, Agency shall fail to fulfill in 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 thereupon have the right to
terminate this Agreement by giving written notice to Agency of such termination and
specifying the effective date thereof not less than five days before the effective date of
such termination. Upon termination of this Agreement Agency shall return to City all
unexpended funds and/or any funds utilized for purposes other than stated in this
Agreement.
3
10. Comaliance with Laws
Agency shall comply with all applicable federal, state and local laws, ordinances and
codes.
11. Assignability
Agency shall not assign any interest in this Agreement without the priorwritten approval
of City.
12. 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.
IN WITNESS WHERE®F, the parties have executed this Agreement as of the date
first written above.
WITNESS:
~~
~. ~anne~F. Schneider, City Clerk
;,
CITY OF DB,~UQUE, IOWA
``
~ 1l
Roy D. B~ol, Mayor
D QUE MAIN STREET
Dan Lol3ianco, Executive Director
4
i .,~:, BUS I NESSOW
~:~ WESTFIELD NERS 42
POL I CY
,..~ INSURANCE
:: Sharing Knowledge. Building Trust® A M END E D D E C L A R A T I O N S
COMPANY PROVIDING COVERAGE bJESTFIELD INSURANCE COMPANY
ITEM Bl NAMED INSURED S MAILING ADDRESS AGENCY 14-02300 PR®D. 000
DUBUQUE MAIN STREET LTD FRIEDMAN INSURANCE INC
1069 MAIN ST PO BOX 759
DUBUQUE IA 52001 DUBUQUE IA 52004-0759
TELEPHONE 563-556-0272
Policy Number: BOP 3 065 274
Policy From 04/01/09 at 12:01 A.M. Standard Time at your
Period To 04/01/10 mailing address shown above.
Effective 04/01/09 This amended declarations changes this policy
and supersedes all other declarations issued during this policy period
Business: NON-PROFIT ORGANIZATION Named Insured is: NON-PROFIT ORGANIZAT
In return for the payment of the premium, and subject to all terms of this
policy, we agree with you to provide the insurance as stated in this policy.
Endorsement Addl. Premium $0.00
Addl. Terrorism Premium 50.00
Total Additional Premium 50.00
SCHEDULE OF ®ESCRIBED PREMISES
Loc. Bldg. Address, City ~ State Construction Occupancy
001 001 1069 MAIN ST Non- Office
DUBUQUE IA 52001 Combustible
PROPERTY COVERAGES
Loc. Bldg. Coverage Limits of Insurance
001 001 Business Personal Property 550,000
LYA~ILITY AND ME®ICAL PAYMENTS
BUSINESS LIABILITY Limits of Insurance
Each Occurrence Limit 51,000,000
General Aggregate Limit 52,000,000
Products/Completed Operations Aggregate Limit 52,000,000
Personal & Advertising Injury LimitCPer Person or Organization)51,000,000
Medical Expenses Each Person 510,000
Damage to Premises Rented To You Limit(Any One Premises) 5100,000
Each paid claim for the above coverages reduces the amount of insurance we provide
during the applicable annual period, Please refer to Section II - Liability in the
Businessowners Coverage Form and any attached endorsements.
OP'TY®PIAL C®VERAGES
Loc. Bldg. Limi ts o~ Insurance
ALL ALL Terrorism Insurance Coverage
ALL ALL Employee Dishonesty 550,000
ALL ALL Forgery and Alteration 510,000
001 001 Accounts Receivable 510,000
001 001 Fine Arts Coverage 55,000
001 001 Money and Securities - Inside Premises 510,000
001 001 Money and Securities - Outside Premises 55,000
001 001 Outdoor Signs 52,500
001 001 Valuable Papers and Records 510,000
Only the"coverages listed above are afforded
®THER IN°fERESTS
Loc. Bldg.
ALL ALL Additional Insured - Owners, Lessees or Contractors
Name of Person or Organization:
CITY OF DUBUQUE CITY HALL
50 W 13TH ST
PA~E ®1 ®~ ®~ DI f~ ~nnn f Fri nl -~71 A9i9Cifle sanrn~r®~n~
~ ~"~`•
"~~
WESTFI ELD BUEI NESSAW NERS 42
~:;., ~, ~,. _ I N S U R A N C E P O L I C Y
~\;~ Sharing Knowledge. Building Trustm A M END E D D E C L A R A T I O N S
COMPANY PROVIDING COVERAGE bJESTFIELD INSURANCE COMPANY
ITEM 1 NAMED INSURED ~ MAILING ADDRESS AGENCY 14-02300 PR®D. 000
DUBUQUE MAIN STREET LTD FRIEDMAN INSURANCE INC
1069 MAIN ST PO BOX 759
DUBUQUE IA 52001 DUBUQUE IA 52004-0759
TELEPHONE 563-556-0272
~ P®licy Number: BOP 3 065 274 ~
OTHER INTERESTS
L®c. Bldg.
DUBUQUE IA 52001
001 001 Additional Insured - Managers or Lessors of Premises
Name of Person or Organization (Additional Insured):
UPPER MAIN COMMERCIAL LLLP
PO BOX 1862
DUBUQUE IA 52004
DEDUCTIBLES
Deductible is 5500
Optional Coverage/Exterior Building Glass Deductible is 5500
Employee Dishonesty Deductible is 5500
Money & Securities Deductible is 5500
Outdoor Signs Deductible is 5500
L®c. Bldg.
001 001 Fine Arts Coverage Deductible 5500
F®RMS AN® EN®ORSEMENTS
ID7007 08/93 ALC2000 O1/87~ BPW0125 03/06 BP~f0137 03/06 BP0402 01/06
BP0417 07/02 BPW0105 03/06 BPW0150 03/06 BPId0151 03/06 BP0523 01/08
BP0184 07/02 BPdd0203 01/06 BP0601 01/07 BP0003 01/06 BP4)0187 03/06
BP0192 11/05 BPW0186 03/06 BP0577 01/06 BP0159 08/08 BPW0201 03/06
BP0501 07/02 BP0493 01/06 BP0450 01/06
COUNTERSIGNED: Date
By
au prize represen a a.ve
STANDARD WORKERS COMPENSATION 42
1 I AND EMPLOYERS LIABILITY POLICY
_ '~' ®ne Park Circle P® i3ox 5001
• i'~` ~ UVestfield Center ®li 44251-5001 INFORMATION PAGE° RENEWAL
I
Named Insured Is: CORPORATION
20 Policy FROM 04/01/09 at 12:01 A.M. Standard Time at
Period TO 04/01/10 your mailing address shown above.
3Aa Workers Compensation Insurance: Part One of the policy applies to the
Workers Compensation Law of the states listed here: IOWA
313. Employers Liability Insurance: Part Two of the policy applies to work in
each state listed in item 3A. The limits of our liability under Part Two
are:
Bodily Injury by Accident 5100,000 each accident
Bodily Injury by Disease 5500,000 policy limit
Bodily Injury by Disease 5100,000 each employee
3C. Other States Insurance: Part Three of the policy applies to the states
listed here: all states except North Dakota, Ohio, Washington,
Wyoming, and States designated in Item 3A. of the
Information Page.
3D> This policy includes these endorsements and schedules:
WC-OOOOOOA 04/92*, WC-000414 07/90*, WC-000419 O1/O1#,
WC-000422 O1/06~, WC-000421B O1/08~, WC-000113A Ol/08~
4o The premium for this policy will be determined by our Manuals of Rules,
Classifications Rates and Rating Plans. All information required below is
subject to verification and change by audit.
CLASSIFICATI®N OF OPERATIONS Code
Number Estimated
Total Annual
Remuneration Per $ 100
of
Remuneration Estimated
Annual
Premiums
SALESPERSONS, COLLECTORS, OR 8742 40,000 .51 5204
MESSENGERS - OUTSIDE
CLERICAL OFFICE EMPLOYEES NOC 8810 47,000 .25 118
SUB-TOTAL 322
TOTAL SCHEDULE OF OPERATIONS PREMIUM $322
~`'~ i I i
1 ~~` ~ ®ne Park Circle P® Sox 5001
_; f~+' ,~.:~~ Westfield Center ®H 44251®5001
RENEWAL
BUSINESS AUTO COVERAGE DECLARATIONS
~2
Policy Number: BSP 3 635 257 ~10~
Policy From 04/01/09 at 12:01 A.M. Standard Time at your
Period To 04/01/10 mailing address shown above.
ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS
Each Of These Coverages Will Apply Only To Those "Autos" Shown As Covered "Autos".
°9Autos" Are Shown As Covered "Autos" For A Particular Coverage By The Entry Of One
Or More Of The Symbols From The Covered Auto Section Of The Business Auto
Coverage Form Next To The Name Of The Coverage.
COVERED LIMIT
COVERAGES AUTO THE MOST WE WILL PAY FOR ANY PREMIUM
SYMBOLS ANE ACCIDENT OR LOSS
Liability 07 08 09 Bodily Injury $124
and $1,000,000 Each Accident
Property Damage
Auto Medical Pay. 02 $5,000 $2
Physical Damage 07 Actual Cash Value or Cost of Repair $42
Comprehensive Whichever is Less Minus the Ded. for Each
Coverage Covered Auto as Indicated in the Schedule
for Covered Autos. No Deductible Applies
to Loss Caused by Fire or Lightning.
Physical Damage 07 Actual Cash Value or Cost of Repair $56
Collision Whichever is Less Minus the Deductible
Coverage for Each Covered Auto as Indicated in the
Schedule for Covered Autos.
TOTAL ADVANCE ANNUAL PREMIUM $224
Audit Period (If Applies) ^ Annual ^ Semi-Annual ^ Quarterly ^ Monthly
Forms And Endorsements Attached To This Coveragge Forma
CA0001 0306*, CADS03 0306% IL0021 0908% CA0160 0203, CA2394 0306%
CA9903 0306 `, CA7007 1087%`' '
®®fo~' A7 n~ A~ rn nc nz rnz_n~i nn.n~.nn