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Purchase of Services Agreement_Dubuque Areal Labor Management Council 2011THE CITY OF Dui Masterpiece on the Mississippi 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 May 11,2010 During the Fiscal Year 2011 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. MCVM /jml Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jenny Larson, Budget Director / Mich I C. Van Milligen C a ge n Dubuque hall A.AmedcaCitY 111 Lr 2007 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget DirectorjA� SUBJECT: Purchase of Service Agreement — Dubuque Area Labor- Management Council Attachment JML Dubuque AN- AmerlcaCiry r 2007 April 19, 2010 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 2011. The adopted Fiscal Year 2011 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. AGREEMENT BETWEEN CITY OF DUBUQUE AND DUBUQUE AREA LABOR MANAGEMENT COUNCIL THIS AMENDED AGREEMENT, dated for reference purposes the 1st day of July 2010, 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: 1. 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, 2010 through June 30, 2011. 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. 1 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, gender identity, 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, sexual orientation, gender identity, 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 agrees and will undertake whatever affirmative measures are necessary so that no person shall 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 because of race, creed, color, religion, national origin, sex, age, degree of handicap, sexual orientation, gender identity, or disability. 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 3 CITY IF DUBUQUE 0 eanne F. Schneider, City Clerk Roy Buol, Mayor DUBUQUE AREA LABOR - MANA EMENT OU ng, Executive Dir- tor ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYI') 6/4/2010 INFORMATION CERTIFICATE EXTEND OR BELOW. PRODUCER (563) 556 -0272 FAX: (563) 556 -4425 Friedman Insurance, Inc. 880 Locust Street - Suite 200 P O Box 759 Dubuque IA 52004 -0759 THIS CERTIFICATE IS ISSUED AS A MATTER OF ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE POLICIES INSURERS AFFORDING COVERAGE NAIC # INSURED Dubuque Area Labor Management P 0 Box 14 Dubuque IA 52004 -0019 INSURER A Cincinnati Insurance 10677 INSURER B.CincizIlati Casualty 28665 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR INSRD INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM /DD/YY) N POLICY EXPIRATION � LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY - EBP0032624 12/12/2008 12/12/2011 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MEDEXP(Any one person) $ 5,000 CLAIMS MADE 1 X OCCUR PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG $ 2,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER POLICY n JEC P1 LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA OCCUR DEDUCTIBLE RETENTION LIABILITY $ CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? 11 yes, describe under SPECIAL PROVISIONS below WC210819102 12/12/2009 12/12/2010 Y I TORY LIMITS I OT E.L. EACH ACCIDENT $ 100,000 E.L DISEASE - EA EMPLOYEE $ 100,000 E L DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Proof of Insurance. CERTIFICATE HOLDER ACORD 25 (2001/08) INS025 (O1o8) CANCELLATION City of Dubuque 50 W 13th Street Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Mark Phalen /JW © ACORD CORPORATION 1988 Page 1 o(2