Purchase of Services Agreement_Dubuque Main Street 2011Masterpiece on the Mississippi
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 2011 budget process, the Mayor and City Council provided
$49,276 and $10,000 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 Historic Millwork District.
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
Michael C. Van Milligen
Dubuque
bitgl
All- AmedcaCity
i r
2007
May 11,2010
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Jennifer Larson, Budget Director j,)\■_,
SUBJECT: 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 2011.
The adopted Fiscal Year 2011 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 2011 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 Historic Millwork 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
Dubuque
kittri
1111- Amalcacny
2007
April 19, 2010
AGREEMENT
BETWEEN
CITY OF DUBUQUE, IOWA
AND
DUBUQUE MAIN STREET
THIS AGREEMENT, dated for reference purposes the 1st day of July, 2010, 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 and 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 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) 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 Historic Millwork District.
f) The City of Dubuque, Grand Opera House and Dubuque Main Street have
collaborated on the installation and management of a sign on 8 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, 2010 through June 30, 2011.
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 30, 2010, December 31, 2010, March 31,
2011, and June 28, 2011 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 2011)
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 be held with Agency staff and the Community and
Economic Development Department, and other parties deemed appropriate by City
E
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, 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, color, religion,
sex, age, national origin, 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.
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. Compliance 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 WHEREOF, the parties have executed this Agreement as of the date
first written above.
;e'anneF. T ESS:
2
Schneider, City Clerk
CITY Qf DUB QUE, IOWA
ov o
Roy VBuol, Mayor
D I UB
NQUE MAIN STREET
Dan LoBianco, Executive Director
0
-e�Dr CERTIFICATE OF LIABILITY INSURANCE OPID o p
DUBUM -1 06/17/10
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
TRICOR, Inc. - Dubuque HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
500 Iowa Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dubuque IA 52001
Phone:563- 556 -5441 Fax:608- 723 -6440 INSURERS AFFORDING COVERAGE NAIL#
INSURED INSURER A: Capitol Indemnity Company
Dubu INSURER B: NSI / West Bend Mutual
qqu Main Street LTD
Dan Lobianco INSURER C:
1069 Main Street INSURER D:
Dubuque IA 52001
INSURER E.
rnvGOnr_Gc
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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
DATE (MM /DDIYYYY)
DATE (MMIDD/YYYY)
LIMITS
A
X
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE [xl OCCUR
CP01338644
04/01/10
04/01/11
EACH OCCURRENCE
$ 1000000
PREMISES(Eaoccueence)
$ 100000
MED EXP (Any one person)
$ 5000
PERSONAL & ADV INJURY
$ 1000000
X
hired & nonowned
GENERAL AGGREGATE
$ 2000000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY JPROOT LOC
PRODUCTS - COMP /OPAGG
$ 2000000
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
CP01338644
-
04/01/10
04/01/11
COMBINED SINGLE LIMIT
(Ea accident)
$ 1000000
BODILY INJURY
(Per person)
$
X
X
BODILY INJURY
(Per accident)
$
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
$
A
EXCESS J UMBRELLA LIABILITY
X I OCCUR F-1 CLAIMSMADE
DEDUCTIBLE
X RETENTION $ 10000
CP01338644
04/01/10
04/01/11
EACH OCCURRENCE
$ 2000000
AGGREGATE
$
$
$
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y f N
ANY PROPRIETOR /PARTNER/EXECUTIVE ❑
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, descdbe under
SPECIAL PROVISIONS below
WCO2003131
04/01/10
04/01/11
TORY LIMITS ER
E.L. EACH ACCIDENT
$ 100000
E.L. DISEASE - EA EMPLOYEE
$ 100000
E.L. DISEASE - POLICY LIMIT
$ 500000
B
B
OTHER
D &O
EPLI
NNJ1302487
NEJ1330938
04/14/10
04/14/10
04/14/11
04/14/11
1000000
250000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
City of Dubuque is additional insured in regards to the General Liability.
(`FRTIFlr' &TF I-IAI nFR CANCtLLAI IVN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITYDBQ 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
City of Dubuque REPRESENTATIVES.
50 W. 13th St. AUTHORIZED REPRESENTATIVE
Dubuque IA 52001 Kevin Ehrlich
ACORD 25 (2009/01) V TytftS - [uuy vwKU wrtrvr<H i wrv. M11 nynw iGarivuu.
The ACORD name and logo are registered (narks of ACORD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009101)
Capitol Indemnity Corporation
P.O. Box 5900, Madison, Wl 53705
ADDITIONAL INTEREST SCHEDULE
POLICY NUMBER POLICY PERIOD AGENCY
CP01338644 04/01/2010 04/41/2011 02458
NAMED INSURED AND ADDRESS AGENT
DUBUQUE FARMERS MARKET
Dubuque Main Street Ltd DBA TRICOR INC
1069 Main St
Dubuque, IA 52001 - 4724
LIABILITY:
Additional Insured
U per Main Commercial LLP
P8 Box 1862
Dubuque, IA 52004 -1862
CG2026 - 14 - loc #1- 334 (ADDITIONAL INSURED)
Add Itiona l Insured
City of Dubuque
50 w 13th St
Dubuque, IA 52001 -4805
CG2012 - IA - Lac #1 - 334 (ADDITIONAL INSURED)
CGE 067 (08-03) Agent Copy
POLICY NUMBER: CV01338644 COMMERCIAL GENERAL LIABILITY
CG 2012 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - STATE OR GOVERNMENTAL
AGENCY OR SUBDIVISION OR POLITICAL
SUBDIVISION - PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LMILMY COVERAGE PART
SCHEDULE
State Or Governmental Agency Or Subdivision Or Political Subdivision:
City of Dubuque
I nformation required to complete this Schedule, if not shown above will be shown in the Declarations.
Soetton II — Who Is An Insured Is amended to In- 2.
Dude as an insured any state or governmental
agency or subdivision or polhical subdivision shown In
the Schedule, subject to the following provisions:
1. This Insurance applies only with respect to opera -
llons performed by you or on your behalf for which
the state or governmental agency or subdivision or
polltical subdivislon has Issued a permit or au-
thorizalion.
This Insurance does not apply to:
a. 'Bodily injury, "property damage" or "personal
and advertising Injury" arising out of operatlons
performed for the federal government, state or
municipality, or
b. "Bodily injury" or property damage" included
wlthln the "products - completed operations
hazard ".
CG 2012 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 0