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Dubuque Main Street_Program AgreementTHE CITY OF DuB E MEMORANDUM ~-~~ June 30, 2009 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Dubuque Main Street Ltd. Program Agreement Dubuque Main Street Ltd. (DMSL) maintains an affiliation with the National Main Street Center and the State of Iowa Main Street program through the Department of Economic Development (IDED). In order to maintain this affiliation, IDED requires a Program Agreement signed by DMSL, the City of Dubuque and IDED. The Program Agreement provided by IDED includes a paragraph which states that DMSL will do the following: "Have a Resolution of Support passed by the city council. This resolution must stipulate sources of funding for the program, (i.e., the city, downtown association, development corporation, assessment district, private donations or any combination thereof, etc.), who will be designated to supervise the program director, (i.e., the Main Street Board, etc.), a commitment to appoint a city official to represent the city on the local Main Street governing board of directors" Budget Director Jennifer Larson recommends City Council approval of a Program Agreement between Dubuque Main Street Ltd., the City of Dubuque and the Iowa Department of Economic Development. I concur with the recommendation and respectfully request Mayor and City Council approval. (i---'' Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Jenny Larson, Budget Director .-., THE CTTY OF DUB E MEMORANDUM Masterpiece on the Mississippi June 30, 2009 TO: Michael C. Van Milligen, City Manager FROM: Jenny Larson, Budget Director SUBJECT: Dubuque Main Street Ltd. Program Agreement Introduction The purpose of this memorandum is to approve the Program Agreement between Dubuque Main Street Ltd., the City of Dubuque and the Iowa Department of Economic Development. Discussion Dubuque Main Street Ltd. (DMSL) is a downtown development organization developed to promote the revitalization of downtown. Specifically the organization coordinates downtown revitalization 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. Their mission includes the development of ongoing public awareness and education programs designed to enhance appreciation of the district's architecture and other assets. DMSL maintains an affiliation with the National Main Street Center and the State of Iowa Main Street program through the Department of Economic Development (IDED). In order to maintain this affiliation, IDED requires a Program Agreement signed by DMSL, the City of Dubuque and IDED. Attached is the Program Agreement provided by IDED. Included in the Agreement is a paragraph which states that DMSL will do the following: "Have a Resolution of Support passed by the City Council. This resolution must stipulate sources of funding for the program, (i.e., the city, downtown association, development corporation, assessment district, private donations or any combination thereof, etc.), who will be designated to supervise the program director, (i. e., the Main Street Board, etc.), a commitment to appoint a city official to represent the city on the local Main Street governing board of directors" This language is consistent with the annual Purchase of Services Agreement between the City of Dubuque and DMSL. The City is providing $59,276 in Fiscal Year 2010 and has a city council and staff representative on the board of directors. The Purchase of Service Agreement was approved by the City Council in June 2009. Both the IDED Program Agreement and the annual Purchase of Service Agreement expire on June 30, 2010. Request The requested action is for City Council to approve the attached Program Agreement and resolution. Attachment cc: Dan LoBianco, DMSL Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager RESOLUTION NO. 218-09 RESOLUTION OF SUPPORT AND FINANCIAL COMMITMENT FOR THE MAIN STREET PROGRAM IN DUBUQUE WHEREAS, an Agreement between the Iowa Department of Economic Development, Dubuque Main Street, Ltd. and the City of Dubuque for the purpose of continuing the Main Street Iowa program in Dubuque; and WHEREAS, this Agreement is pursuant to contractual agreements between the National Trust for Historic Preservation and the Iowa Department of Economic Development to assist in the revitalization of the designated Main Street project area of Dubuque Iowa; and WHEREAS, the City Council of Dubuque endorses the goal of economic revitalization of the Downtown within the context of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street Four Point Approach as developed by the National Trust for Historic Preservation and espoused by Main Street Iowa. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, meeting in regular session on July 6, 2009, that the City of Dubuque hereby agrees to support both financially and philosophically the work of Dubuque Main Street, Ltd. and designates the Main Street Board to supervise the Program Director. Passed, approved and adopted this 6th day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC City Clerk Main Street Iowa PS2009-29 Program Agreement Agreement between the Iowa Department of Economic Development, the City of Dubuque and Dubuque Main Street for the purpose of continuing the Main Street Program in Dubuque. THIS AGREEMENT is entered into and executed by the Iowa Department of Economic Development herein referred to as the "IDED", the City of Dubuque and Dubuque Main Street, hereinafter referred to as the "Local Main Street Program or Community". WHEREAS, Dubuque Main Street has successfully completed a 23 year partnership with the Department of Economic Development and desires that the program continue; and WHEREAS, the Department of Economic Development desires to continue the relationship which has been established with Dubuque Main Street; NOW THEREFORE, in consideration of the foregoing and mutual covenants and agreements contained herein, the parties have agreed to do as follows: SECTION I. The Local Main Street Program agrees to: Employ afull-time program director for the Local Main Street Program who will be responsible for the day-to-day administration of the Main Street program in the Community. 2. Develop an employment contract to describe the above administrative activities for which the program director is responsible, as well as compensation. Submit monthly performance reports to the IDED. The reports will document the progress of the Local Main Street Program's activities. 4. Maintain worker's compensation insurance for the program director and staff. Remain in compliance with the requirements of this program as outlined in this agreement. If the IDED finds that the Local Main Street Program is not in compliance with the requirements of this program, the Local Main Street Program will be notified of non-compliance and given a probationary period in which to return to compliance. Continued non-compliance will result in termination of this agreement and loss of recognition as a Main Street Program Community. 6. Not assign this agreement without obtaining prior written approval of the IDED. 7. Participate, as required by the State Main Street Coordinator, in training sessions as scheduled throughout the year. To remain in compliance and to be eligible for National Main Street Certification, the local Main Street Program must have representation at both days of the four training sessions indicated as mandatory on the program calendar. In lieu of one Main Street Iowa training per calendar year; and with the prior approval of the State Main Street Coordinator, the program director, a board member or committee chair may participate in one of the following conferences as an acceptable training alternative: the National Main Streets Conference; National Trust Preservation Conference; Iowa Tourism Conference or the Iowa Conference on Volunteer Service. Attendance and participation in the conference, with registration verification will be considered an acceptable alternative. Registration and all related travel expenses for training will be paid by the Community. In addition, any newly hired program director will be required to participate in Main Street Orientation, Getting to Know IDED, Main Street University, participate in a mentoring program arranged by Main Street Iowa staff and attend all trainings indicated as mandatory as soon after selection as offered. 8. Provide the State Main Street Coordinator with three copies of any materials published that relate to the local Main Street project. 9. Have a Resolution of Support passed by the city council. This resolution must stipulate sources of funding for the program, (i.e., the city, downtown association, development corporation, assessment district, private donations or any combination thereof, etc.), who will be designated to supervise the program director, (i.e., the Main Street Board, etc.), a commitment to appoint a city official to represent the city on the local Main Street governing board of directors, and that the Local Main Street Program will continue to follow the Four-Point Main Street Approach as developed by the National Trust for Historic Preservation and espoused by Main Street Iowa. 10. Continue to retain a current membership in the National Main Street Center Network. 11. Achieve National Main Street Center certification at a minimum once every three years SECTION II. The IDED agrees to: 1. Designate a Main Street State Coordinator to handle communication between the Community, the Main Street Iowa Program, and state government agencies. 2. Conduct four (4) statewide training sessions annually for program directors and local Main Street volunteers based on the combined needs of all Iowa Main Street Communities. 3. Conduct three to four one-day (1) Main Street orientations for all new program directors, board members and volunteers. The Orientation will introduce the program director to the Main Street Program and to their immediate responsibilities. Orientation meetings will be held in a central Iowa location. 4. Conduct an on-site program visit annually. 5. Provide continuing advice and information to the Local Main Street Program. 6. Conduct on-site technical assistance visits with Main Street Iowa personnel as deemed appropriate and necessary. 7. Include the Community in the Main Street Iowa network. 8. Provide, as requested and can be scheduled, on-site design assistance visits to the Community. 9. Offer training via the Iowa Communications Network (ICN) no less than three times each year. SECTION III. The PARTIES hereto otherwise agree as follows: 1. The term of this agreement shall be for a period of two years, beginning July 1, 2009, and ending June 30, 2010. It may be extended or revised by a written amendment signed by both parties. 2. This agreement shall be binding upon and shall insure to the benefit of the parties and their successors. 3. Not to discriminate against any employee or applicant for employment because of race, color, sex, age, disability or national origin. The parties further agree to take affirmative action to assure that applicants are employed and that employees are treated without regard to their race, color, region, sex, age, disability or national origin during employment. 4. Either party may terminate this agreement without cause after 30 days written notice to the other party. 5. This document memorializes all elements of this agreement, and both incorporates and supersedes any previous agreements or negotiations, whether oral or written. 6. The IDED is limited to furnishing its technical services to the Community and thus nothing contained herein shall create any employer-employee relationship. IN WITNESS WHEREOF, the parties have executed this agreement. BY: (Mayor) BY Dubuque, Iowa (City) (President) Dubuque Main Street (Local Main Street Program) BY: (Date) (Date) Michael L. Tramontina, Director (Date) Iowa Department of Economic Development