Purch Services Dbq Main St LtdMEMORANDUM
April 16, 2003
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Purchase of Service Agreement -- Dubuque Main Street, Ltd.
During the Fiscal Year 2004 budget process, the Mayor and City Council provided
$43,966 for a Purchase of Service Agreement with Dubuque Main Street, Ltd.
Administrative Services Manager Pauline Joyce is recommending execution of the
attached Purchase of Service Agreement with Dubuque Main Street, Ltd. to provide
funding for the agency to continue to implement a downtown revitalization program.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/ksf
Attachment
CC:Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Pauline Joyce, Administrative Services Manager
MEMORANDUM
April 16, 2003
TO:Michael C. Van Milligen, City Manager
FROM:Pauline Joyce, Administrative Services Manager
SUBJECT:Purchase of Service Agreement with Dubuque Main Street, Ltd.
The adopted Fiscal Year 2004 operating budget provides for the payment of $43,966 to
Dubuque Main Street, Ltd.
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.
It is my recommendation that the City Council approve the attached Purchase of
Service Agreement with Dubuque Main Street, Ltd. and authorize the Mayor to execute
the contract on behalf of the City.
Attachment
CITY OF DUBUQUE, IOWA
AND
DUBUQUE MAIN STREET, LTD.
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT, entered into this 1st day of July, 2003, by and between the
City of Dubuque, hereinafter called the "City" and Dubuque Main Street, Ltd., a
nonprofit corporation hereinafter called "Agency."
WHEREAS, the City desires to engage the services of the Agency to provide
and implement a downtown revitalization program; and
WHEREAS, the Agency has indicated its willingness to provide such services to
the City;
NOW THEREFORE, the parties do mutually agree as follows:
1. Scope of Services
A. Agency shall 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 the capturing of
private investment.
B. Agency shall develop and conduct ongoing public awareness and
education programs designed to enhance appreciation of the
district's architecture and other assets.
C. Agency shall 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. Agency shall 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.
E. The City of Dubuque, Grand Opera House and Dubuque Main Street
are collaborating on the installation and management of a sign on 8th
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 services of the Agency referenced by this Agreement are to
commence on July 1, 2003 and shall terminate June 30, 2004.
3. Compensation
The City will pay to the Agency an amount not to exceed $43,966. Such
amount will be paid in four equal installments of $10,991.50, payable
September 30, 2003, December 31, 2003, March 31, 2004, and
June 30, 2004.
4. Audit and Evaluation
A. Inasmuch as the funds to be provided to the Agency by the City are
subject to audit and performance evaluation, the Agency will
maintain books of accounts conforming to accepted accounting
standards, together with necessary documentation to support all
expenditures. The records of the 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 the City or any certified
public accountant acting on behalf of the City, in order to ascertain
performance of the Agency under this Agreement. The Agency
agrees to retain such records for not less than three (3) years
following the termination of this agreement.
5. Reporting and Monitoring
A. The Agency shall render to the City a monthly written report detailing
its activities. Such report shall be rendered no later than the fourth
2
Thursday of the succeeding month. Semi-annual reports will be
submitted to the City Council (January and July 2004) and an annual
report will 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 be held with the
Agency staff and the Community and Economic Development
Department, and other parties deemed appropriate by the City and the
Agency. Such meetings will be held to insure proper communication
and avoid duplication of efforts between the City and the Agency.
6. Amendments and Changes in Scope of Services
Any changes in the Scope of Services contained in this Agreement must
have the prior written approval of the City.
7. Discrimination
In carrying out this program the Agency shall not discriminate against any
employee or applicant for employment because of race, color, religion,
sex, age, national origin or disability. The 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, 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. The Agency shall post in conspicuous
places, available to employees and applicants for employment, notices to
be provided by the City setting forth the provisions of this
nondiscrimination clause. The Agency shall state that all qualified
applicants will receive consideration for employment without regard to
race, color, religion, sex, age, national origin, 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 the City, or its designees or agents, no member
of the Dubuque City Council and no other public official of the City who
exercises any function or responsibilities with respect to the program
during his 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.
3
9. Termination of Contract
If, through any cause, the Agency shall fail to fulfill in timely and proper
manner its obligations under this Agreement, or if the Agency shall violate
any of the covenants, agreements or stipulations of this Agreement, the
City shall thereupon have the right to terminate this Agreement by giving
written notice to the Agency of such termination and specifying the
effective date thereof at least five days before the effective date of such
termination. Upon termination of this Agreement the Agency will return to
the City all unexpended funds and/or any funds utilized for purposes other
than stated in this Agreement.
10. Compliance with Laws
The Agency shall comply with all applicable laws, ordinances and codes
of the Federal Government, the State of Iowa, and the City of Dubuque.
11. Assignability
The Agency shall not assign any interest in this Agreement and shall not
transfer any interest in the Agreement without the prior written approval of
the City.
12. Insurance
It is agreed that the Agency will name the City of Dubuque as an
additional insured under a property and liability policy and furnish a copy
of said policy to the City.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
WITNESSED:
CITY OF DUBUQUE, IOWA
Jeanne F. Schneider, City Clerk
Terrance M. Duggan, Mayor
DUBUQUE MAIN STREET, LTD.
Dan LoBianco, Executive Director
4
9. Termination of Contract
If, through any cause, the Agency shall fail to fulfill in timely and proper
manner its obligations under this Agreement, or if the Agency shall violate
any of the covenants, agreements or stipulations of this Agreement, the
City shall thereupon have the right to terminate this Agreement by giving
written notice to the Agency of such termination and specifying the
effective date thereof at least five days before the effective date of such
termination. Upon termination of this Agreement the Agency will return to
the City all unexpended funds and/or any funds utilized for purposes other
than stated in this Agreement.
10. Compliance with Laws
The Agency shall comply with all applicable laws, ordinances and codes
of the Federal Government, the State of Iowa, and the City of Dubuque.
11. Assignability
The Agency shall not assign any interest in this Agreement and shall not
transfer any interest in the Agreement without the prior written approval of
the City.
12. Insurance
It is agreed that the Agency will name the City of Dubuque as an
additional insured under a property and liability policy and furnish a copy
of said policy to the City.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
WITNESSED:
-77
Jeanne F. Schneider, City Clerk
CITY OF DUBUQUE, IOWA
Te ance M. Duggan or
DUBUQUE MAIN STREET, LTD.
Dan LoBianco, Executive Director
4