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Dubuque Main Street Iowa Program Agreement for Fiscal Year 2021 Copyrig hted October 19, 2020 City of Dubuque Consent Items # 26. City Council Meeting ITEM TITLE: Main Street lowa FY2021 Contract SUM MARY: City Manager recommending approval of the Program Agreement between Dubuque Main Street Ltd., The Cityof Dubuque and the lowa Economic Development Authority, and approval of a resolution supporting the agreement. RESOLUTION Approving an Agreement by and among the lowa Economic Development authority, Dubuque Main Street, LTD and the City of Dubuque providing for the Dubuque Main Street Program in the City of Dubuque SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Main Street lowa FY2021 Contract-MVM Memo City Manager Memo Staff Memo Staff Memo Agreement Supporting Documentation Resolution of Approval Resolutions Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: FY2021 Main Street lowa Program Agreement DATE: October 15, 2020 Economic Development Director Jill Connors recommends City Council approval of the Program Agreement between Dubuque Main Street Ltd., The City of Dubuque and the lowa Economic Development Authority, and approval of a resolution supporting the agreement. I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jill M. Connors, Economic Development Director Dubuque Economic Development Department THE CITY OF � 1300 Main Street All•America Eity Dubuque,lowa 52001-4763 �� � "h�N",`��nz�'��:�:��� Office(563)589-4393 1 I ��� TTY(563)690-6678 http://www.cityofd u bu q ue.org zoo�=zoiz*zo�3 Masterpiece on the Mississippi �oi�*Zoi9 TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director SUBJECT: FY2021 Main Street lowa Program Agreement DATE: September 15, 2020 INTRODUCTION The purpose of this memorandum is to approve the Program Agreement between Dubuque Main Street Ltd., the City of Dubuque, and the lowa Economic Development Authority. BACKGROUND Dubuque Main Street Ltd. (DMS) 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. DMS maintains an affiliation with the National Main Street Center and the State of lowa Main Street program through the lowa Economic Development Authority (IEDA). To maintain this affiliation, IEDA requires an annual Program Agreement signed by representatives of DMS, the City of Dubuque and IEDA. DISCUSSION Attached is the Program Agreement provided by IEDA. Included in the Agreement is a paragraph which states that among other obligations, the City agrees to: "Pass a Resolution to demonstrate the City's support of the Local Main Street Program. This resolution must stipulate sources of funding for the program, a commitment to appoint a city official to represent the City on the Local Main Street Program governing board of directors, and that the City will continue to follow the Main Street ApproachT"' as developed by the Main Street America and espoused by Main Street lowa for local Main Street district revitalization efforts." This language is consistent with the annual Contracted Services Agreement between the City of Dubuque and DMS. The City is providing $79,336 in Fiscal Year 2021 and has a City Council representative on the board of directors. The Contracted Service Agreement was approved by City Council on September 8, 2020. Both the IEDA Program Agreement and the annual Contracted Service Agreement will expire on June 30, 2021. RECOMMENDATION/ ACTION STEP I respectfully recommend the approval of the attached Program Agreement and Resolution. cc: Dan LoBianco, Dubuque Main Street Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager 2 Prepared by: Jill Connors, Economic Development, 50 W. 13th Street, Dubuque IA 52001, 563 589-4393 Return to: Jill Connors, Economic Development, 50 W. 13th Street, Dubuque IA 52001, 563 589-4393 RESOLUTION NO. 326-20 APPROVING AN AGREEMENT BY AND AMONG THE IOWA ECONOMIC DEVELOPMENT AUTHORITY, DUBUQUE MAIN STREET LTD AND THE CITY OF DUBUQUE PROVIDING FOR THE DUBUQUE MAIN STREET PROGRAM IN THE CITY OF DUBUQUE WHEREAS, an Agreement by and among the Iowa Economic Development Authority, Dubuque Main Street LTD and the City of Dubuque has been prepared for the purpose of continuing the Local Main Street Program in the City of Dubuque; and WHEREAS, this Agreement is pursuant to contractual agreements between Dubuque Main Street LTD, and the Iowa Economic Development Authority to assist in the revitalization of the designated Main Street District of the City of Dubuque Iowa; and, WHEREAS, the City Council of the City of Dubuque endorses the goal of economic revitalization of the Main Street District within the context of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street Approach as developed by Main Street America and espoused by Main Street Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Mayor is hereby authorized and directed to execute the attached Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 2. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Agreement as herein approved. Passed, approved and adopted this 19th day of October 2020. Roy D. Buol, Mayor Attest: Ke n S. Firnstahl, City Clerk 091620ba1 Main Street Iowa Program Agreement Agreement Number: PS-G300-FY21-01 Effective Dates: July 1, 2020 — June 30, 2021 Agreement between the Iowa Economic Development Authority, the City of Dubuque, and Dubuque Main Street, Ltd for the purpose of continuing the Main Street Program in Dubuque. THIS AGREEMENT is entered into and executed by the Iowa Economic Development Authority herein referred to as the "IEDA", the City of Dubuque herein referred to as the "City", and Dubuque Main Street, Ltd. herein referred to as the Local Main Street Program". WHEREAS, The City and Local Main Street Program established a partnership with IEDA in 1985 and desires that the program continue; and WHEREAS, the IEDA desires to continue the relationship which has been established with the City and the Local Main Street Program; 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: 1. Maintain the local program's focus on the revitalization of the designated Main Street district utilizing the Main Street ApproachTM. This focus should be reflected in the programs annual plan of action, goals and objectives, vision, and mission statement. 2. Employ a paid full-time Executive Director for the Local Main Street Program who will be responsible for the day-to-day administration of the Local Main Street Program in the community. Full-time employment is defined as 40 hours per week dedicated to the Local Main Street Program work. Part time employment is 25 hours per week dedicated to the Local Main Street Program work. The Local Main Street Program and City will work to the best of their ability to provide professional support, competitive compensation, and benefits for the Executive Director position. In the event this position is vacated during the time of this agreement, the Local Main Street Program agrees to fill this position in a reasonable time and provide a written timeline to fill this position to the Main Street Iowa State Coordinator. 3. Develop an accurate position description which includes the rate of compensation and describes the professional activities for which the Executive Director is responsible. A copy of which is to be provided to Main Street Iowa annually. 4. Maintain worker's compensation insurance for the Executive Director and staff. 5. Maintain an office within the designated boundaries of the local Main Street district. 6. Submit monthly performance reports to the IEDA by established deadlines. The reports will document the progress of the Local Main Street Program's activities. Should a Local Main Street Program become three months tardy on submission of monthly reports, program services available through Main Street Iowa will be suspended until the Local Main Street Program has submitted all late reports to become current. 7. Provide Main Street Iowa electronic (via email, web cloud, etc.) examples of local best practices and information demonstrating local success stories (e.g. action plans, marketing materials, quality images, programmatic documents, etc.) 8. Achieve Main Street America National Accreditation at a minimum once every two years. Not achieving Main Street America accreditation at a minimum once every two years will result in termination of this agreement and loss of recognition as a Main Street Program. Details of Main Street America National Accreditation Standards of Performance can be found on the Main Street America website: www.mainstreet.org 9. Participate, as required by Main Street Iowa, in training sessions as scheduled throughout the year. To remain in compliance and to be eligible for Main Street America accreditation, the Local Main Street Program Page 1 of 4 Agreement # PS-G300-FY21-01 must have representation at both days, in their entirety, of the three (3) training sessions held annually, indicated as mandatory on the program calendar. In addition, any newly hired Executive Director will be required to participate in Main Street Orientation, as soon after the hire date as feasible. Registration and all related travel expenses for training will be paid by the Local Main Street Program. 10. Work with the City to pass a Resolution of Support of the Local Main Street Program. This resolution must stipulate sources of funding for the program, a commitment to appoint a city official to represent the City on the local Main Street governing board of directors, and that the City will continue to follow the Main Street ApproachTM as developed by Main Street America and espoused by Main Street Iowa for Main Street district revitalization. 11. Have a Resolution of Support passed by the Local Main Street Program Board of Directors. This resolution must stipulate a commitment to continue Main Street district revitalization following the Main Street ApproachTM as developed by the Main Street America and espoused by Main Street Iowa. 12. Maintain a "Designated Main Street Network" membership with Main Street America. 13. Use the words "Main Street" when referring to and marketing the local program, either as an official part of the organization's name or as a tagline such as... "A Main Street Iowa Program". As a designated Main Street Iowa community, the Local Main Street Program is required to include the Main Street America and the Main Street Iowa logos on local program communication materials. 14. Promote the revitalization of the Main Street district through advocacy of tools and resources that support district investment, for example: development incentives, ordinances and policy that promote the revitalization of the district, design guidelines or standards that promote the protection of the traditional character of the district, district development planning, etc. 15. Submit with this signed Program Agreement, one (1) copy the City's Resolution of Support, one (1) copy of the Local Main Street Program Board of Director's Resolution of Support, (1) copy of the Executive Director's current job description, and one (1) completed W-9 of the Local Main Street Program. 16. Not assign this agreement to another organization without obtaining prior written approval of the IEDA. 17. Remain in compliance with the requirements of Main Street Iowa as outlined in this agreement. If the IEDA finds that the Local Main Street Program is not in compliance with the requirements of this program agreement: a. The Local Main Street Program and City will be notified of non-compliance with an "Initial Warning" and given a 90-day probationary period in which to return to compliance. The Initial Warning will include a summary of non -compliant items and provide guidance on how to resolve the issues. During this probationary period, all Main Street Iowa services, with the exception of targeted technical assistance to help the Local Main Street Program mitigate non -compliant items, will be suspended, including eligibility for Main Street Iowa grant applications, awards nominations, and onsite technical assistance. The Local Main Street Program will be reevaluated by Main Street Iowa 90 days following the Initial Warning. b. If the Local Main Street Program has failed to return to compliance as noted in the initial warning, Main Street Iowa may issue a Final Warning and given a second 90-day probationary period in which to return to compliance. c. If the Local Main Street Program is not in compliance within 90 days after the Final Warning, Main Street Iowa may terminate this agreement with the local program. Notice of official termination will be made by a letter of notification from IEDA to the Local Main Street Program, City, and Main Street America. Termination of this agreement will result in the loss of recognition as a Main Street Iowa Program and discontinuation all Main Street Iowa services, activities provided in this agreement, and will cease using the trademarked brand "Main Street" and/or "Main Street Program" in its name or as part of its organization's identity. Once this agreement is terminated, the community must reapply for Main Street Iowa designation before it can receive Main Street Iowa program services. Page 2 of 4 Agreement # PS-G300-FY21-01 SECTION II. The CITY agrees to: 1. Support and partner with the Local Main Street Program's focus on the revitalization of the designated Main Street district utilizing the Main Street ApproachTM' 2. Invest financially into the operation of the Local Main Street Program. 3. Pass a Resolution to demonstrate the City's support of the Local Main Street Program. This resolution must stipulate sources of funding for the program, a commitment to appoint a city official to represent the City on the Local Main Street Program governing board of directors, and that the City will continue to follow the Main Street ApproachTM as developed by the Main Street America and espoused by Main Street Iowa for local Main Street district revitalization efforts. 4. Support the revitalization of the Main Street district through creation of tools and resources that support district investment, for example: development incentives, ordinances and policy that promote the revitalization of the district, design guidelines or standards that promote the protection of the traditional character of the district, district development planning, etc. 5. Support the Local Main Street Program in the completion of the annual Main Street America Accreditation process and compliance with this agreement. SECTION III. The IEDA agrees to: 1. Administer the Main Street America Accreditation process in Iowa on behalf of Main Street America and recognize Local Main Street Programs and Cities who successfully meet the Main Street America Accreditation Standards. 2. Maintain a team of downtown revitalization specialists, including a Main Street Iowa State Coordinator, to handle communication between the Local Main Street Program, City, the Main Street Iowa Program, and state government agencies. 3. Coordinate at least three (3) statewide training sessions annually for the Local Main Street Program and City based on the combined needs of all Iowa Main Street Communities. 4. Conduct at least three one -day Main Street orientations for all new Executive Directors, board members and volunteers. The Orientation will introduce the Executive Director and Local Main Street Program volunteers and board members to the Main Street Program and to their immediate responsibilities. Orientation meetings will be held in a central Iowa location. 5. Conduct an on -site partnership visit at least once every two years. 6. Provide continuing advice and information to the Local Main Street Program and City. 7. Include the Local Main Street Program and City in the Main Street Iowa network. 8. Provide, as requested and can be scheduled, on -site technical assistance visits to the Local Main Street Program and City with Main Street Iowa personnel in the areas of design, economic vitality, promotion, organization, committee training, board planning retreat facilitation, and action planning. 9. Offer additional optional, regionally hosted trainings throughout the year. SECTION IV. The PARTIES hereto otherwise agree as follows: 1. The term of this agreement shall be for a period of twelve months, beginning July 1, 2020, and ending June 30, 2021. It may be extended or revised by a written amendment signed by all three parties. 2. This agreement shall be binding upon and shall insure to the benefit of the parties and their successors. Page 3 of 4 Agreement# PS-G300-FY21-01 3.Not to discriminate against any employee or applicant for employment because of race, color, sex, age, disability, creed, religion, sexual orientation, marital status, or national origin. The parties further agree to take affirmative action to assure that employees are treated without regard to their race, color, region, sex, age, disability, creed, religion, sexual orientation, marital status, or national origin during employment. 4.Any one party may terminate this agreement without cause after 30 days written notice to the other two parties. 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 IEDA is limited to furnishing its technical services to the Local Main Street Program and City and thus nothing contained herein shall create any employer-employee relationship. BY: BY: BY: EOF, the parties have executed this agreement. Roy D. Buol (Mayor Printed Name) (Board President Signature) (Board President Printed Name) Deborah V. Durham, Director Iowa Economic Development Authority October 19, 2020 (Date) Dubuque, Iowa (City) (Date) Dubuque Main Street, Ltd (Local Main Street Program) (Date) Page 4 of 4 L Tony Pfohl October 21, 2020 November 30, 2020 ACGR/J CERTIFICATE OF LIABILITY INSURANCE Lii.,,,,/ DATE(MM/DD/YYYY) 9/14/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER TRICOR, Inc. 230 W. CherryStreet Lancaster WI 3813 CONTACT NAME: TRICOR Insurance PHONE FAX (A/C. No. Ext): 1-800-909-3717 (A/c, No): 815-301-3547 ADDRESS: processing@tricorinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : United States Liability Insurance Company INSURED STARTAX-01 Starlight Taxi Cabs LLC 17615 River Vista Dr Dubuque IA 52001 INSURER B : Progressive 24260 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1275864499 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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INSR LTR TYPE OF INSURANCE ADDL INSD SUBR VWD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CL1745695D 4/17/2020 4/17/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC PRODUCTS - COMP/OP AGG $ $ B AUTOMOBILE _ LIABILITY ANY AUTO ALL OWNED X SCHEDULED AUTOS NON OWNED AUTOS 04094352-3 9/16/2020 9/16/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UM/UIM $ 1,000,000 UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 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