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Fiscal Year 2022 Main Street Iowa Program AgreementCity of Dubuque City Council Meeting Consent Items # 8. Copyrighted October 4, 2021 ITEM TITLE: Fiscal Year 2022 Main Street Iowa Program Agreement SUMMARY: City Manager requesting approval of the Program Agreement through a resolution among Dubuque Main Street Ltd., the City of Dubuque, and the Iowa Economic Development Authority. RESOLUTION 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 SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Dubuque Main Street -Agreement with Main Street Iowa City Manager Memo Staff Memo Staff Memo Resolution of Approval Resolutions Agreement Supporting Documentation THE C DUjIBQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: FY2022 Main Street Iowa Program Agreement DATE: September 29, 2021 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 Economic Development Director Jill Connors is requesting City Council approval of the Program Agreement through a resolution among Dubuque Main Street Ltd., the City of Dubuque, and the Iowa Economic Development Authority. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jill Connors, Economic Development Director THE CITY OF E Masterpiece on the Mississippi Dubuque All -America C'� fvtll["JV�tL i T7(: fJ iY'L9= 2007-2012.2013 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director SUBJECT: FY2022 Main Street Iowa Program Agreement DATE: September 28, 2021 INTRODUCTION Economic Development Department 1300 Main Street Dubuque, Iowa 52001-4763 Office (563) 589-4393 TTY (563) 690-6678 http://www.cityofdubuque.org The purpose of this memorandum is to request approval of the Program Agreement among Dubuque Main Street Ltd., the City of Dubuque, and the Iowa 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 Iowa Main Street program through the Iowa 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 requirement that Dubuque Main Street must "obtain from the City's governing body a Resolution of Support of the Local Main Street Program" (detailed in Section 8 of the attached). This language is consistent with the annual Contracted Services Agreement between the City of Dubuque and DMS. The City is providing $83,300 in Fiscal Year 2022 and has a City Council representative on the board of directors. The FY 2022 Contracted Service Agreement dated July 1, 2021, was approved and executed by City Council. Both the IEDA Program Agreement and the annual Contracted Service Agreement will expire on June 30, 2022. 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. 1311 Street, Dubuque IA 52001, 563 589-4393 Return to: Jill Connors, Economic Development, 50 W. 1V Street, Dubuque IA 52001, 563 589-4393 RESOLUTION NO. 333-21 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: Section 1. That the City of Dubuque hereby agrees to support both financially and philosophically the work of Dubuque Main Street, LTD., designates the Main Street, LTD. Board to supervise the Executive Director, and commits to appoint a City official to represent the City on the local Main Street LTD. Board. The source of funds to support Dubuque Main Street will be from the City's General Fund. Section 2. That 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 3. That 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 4th day of fct�ober, 2021. Attest:Roy D. Buol, Mayor nJ�f Adrienne N. Breitfelder, City Clerk 09282021bal Agreement # G300-MSI-19A MAIN STREET IOWA PROGRAM CONTINUATION AGREEMENT THIS MAIN STREET IOWA PROGRAM CONTINUATION AGREEMENT ("Agreement") is entered into and executed by the Iowa Economic Development Authority (the "IEDA"), the City of Dubuque (the "City"), and Dubuque Main Street (the "Local Main Street Program") (Individually "Party" and Jointly, the "Parties"). WHEREAS, the IEDA administers the Main Street Iowa Program (the "MSI Program"); and WHEREAS, the City was selected to participate in the MSI Program in 1985 and entered into a Program Agreement with the IEDA pursuant to which the City and the Local Main Street Program established a partnership with IEDA; and WHEREAS, the City and the Local Main Street Program desire to continue to participate in the MSI Program; 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 agree as follows: SECTION I. The Local Main Street Program agrees to: Main Street Revitalization Focus: a. Maintain the Local Main Street Program's focus on the revitalization of the designated Main Street district utilizing the Main Street Approach®. This focus should be reflected in the programs annual plan of action, goals and objectives, vision, and mission statement. b. 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. 2. Main Street Paid Executive Director: a. 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 City. Full-time employment is defined as 40 hours per week dedicated to the Local Main Street Program. Part time employment is 25 hours per week dedicated to the Local Main Street Program. The Local Main Street Program and the City will work to the best of their ability to provide professional support, competitive compensation, and benefits for the Executive Director position. b. In the event this position is vacated during the time of this agreement, the Local Main Street Program shall fill this position in a reasonable time and provide a written timeline to fill this position to the IEDA's Main Street Iowa State Coordinator ("the Coordinator"). c. If the Executive Director for the Local Main Street Program also serves as the director, executive director, chief executive officer, president, or other leadership role for another organization or program (e.g., chamber, tourism, community/county economic development, City, etc.) the Executive Director shall dedicate at least twenty-five hours per week to their duties as Executive Director of the Local Main Street Program. d. Develop and maintain an accurate position description for the Executive Director, a copy of which shall be provided to the Coordinator, which includes the rate of compensation and describes the professional activities for which the Executive Director is responsible. e. Maintain worker's compensation insurance for the Executive Director and staff. Page 1 of 5 Agreement # G300-MSI-19A 3. Designated Main Street District: Submit to the Coordinator a current map of the approved designated Main Street district contemporaneously with execution of this Agreement. 4. Main Street Program Office: Maintain an office within the designated boundaries of the local Main Street district. 5. Main Street Economic Impact Reporting: a. Submit economic impact reports to the Coordinator on or before established due date documenting the progress of the Local Main Street Program's activities. b. If the Local Main Street Program is 30 or more days late submitting any economic impact report, Main Street Iowa design services, business support services, eligibility for grant applications, and targeted technical assistance visits available through Main Street Iowa may be suspended until the Local Main Street Program has submitted all required reports. 6. National Main Street Accreditation: a. Maintain Main Street America National Accreditation. b. Maintain a "Main Street America Member Community" membership with Main Street America. c. Use the words "Main Street" when referring to and marketing the Local Main Street 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 shall include the Main Street America and Main Street Iowa logos on all communication materials. 7. Training Requirements: a. Participate, as required by the IEDA, in training sessions as scheduled throughout the year. To remain in compliance and to be eligible for Main Street America National Accreditation, the Local Main Street Program shall be represented at both days, in their entirety, of the three (3) annual training sessions that have been designated as mandatory on the MSI Program calendar. b. 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. 8. Demonstrated Support: a. Obtain from the City's governing body a Resolution of Support of the Local Main Street Program. This resolution must describe sources and amounts 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 Approach® as developed by Main Street America and espoused by Main Street Iowa for Main Street district revitalization. b. Obtain a Resolution of Support from the Local Main Street Program governing board in which the board commits to continuing Main Street district revitalization following the Main Street Approach® as developed by the Main Street America and espoused by the MSI Program. 9. Compliance: a. Not assign this agreement to another organization without obtaining prior written approval of the IEDA. b. Remain in compliance with the requirements of the MSI Program as outlined in this agreement and the administrative rules for the MSI Program, 261 IAC Chapter 39. If the Page 2 of 5 Agreement # G300-MSI-19A IEDA finds that the Local Main Street Program is not in compliance with the requirements of this program agreement: i. IEDA shall issue an "Initial Warning" describing how the Local Main Street Program is out of compliance and provide guidance on how to resolve the issues. The Local Main Street Program will have 90 days to resolve non- compliance issues. During this 90-day 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. At the end of the 90- day period, the IEDA will evaluate whether The Local Main Street Program has resolved the non -compliant issues. ii. If the Local Main Street Program is not in compliance at the end of the 90-day Initial Warning period, the IEDA may issue a Final Warning notifying the Local Main Street Program that, if the Local Main Street Program is not in compliance within 90 days after issuance of the Final Warning, Main Street Iowa may terminate this Agreement. iii. The IEDA will send Notice of Termination via overnight delivery service to the Local Main Street Program, the City, and Main Street America. Termination of this Agreement will result in the loss of recognition as a participant in the MSI Program and discontinuation all services provided by IEDA. iv. Within 30 days after issuance of the Notice of Termination, the Local Main Street Program shall cease using the trademarked brand "Main Street" and/or "Main Street Program" in its name or as part of its organization's identity. v. The City may reapply for Main Street Iowa designation. 10. Main Street Re -Designation: a. Continued participation in the MSI Program after the term of this Agreement shall be contingent upon re -designation as a participant in the MSI Program. Submission of a request for re -designation shall be submitted at least 90 days prior to the end of the term of this Agreement. b. The IEDA will provide information and guidance regarding re -designation to the Local Main Street Program at least 6 months prior to the re -designation request submission deadline. c. To be re -designated as a participant in the MSI Program, at a minimum, the Local Main Street Program shall: i. Document local revitalization impacts through its partnership with Main Street Iowa; ii. Demonstrate the Local Main Street Program's active utilization of MSI Program services and benefits; iii. Identify specific plans for future downtown/Main Street district revitalization; iv. Set out future Main Street Iowa technical assistance needs; and v. Demonstrate continued broad -based commitment and support of the Local Main Street Program and its revitalization efforts. SECTION II. The CITY agrees to: Main Street Revitalization Support: a. Support and partner with the Local Main Street Program's focus on the revitalization of the designated Main Street district utilizing the Main Street Approach®. b. Support the revitalization of the Main Street district by utilizing tools and resources that support Main Street 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. Page 3 of 5 Agreement # G300-MSI-19A 2. Main Street Financial Support: Invest financially into the operation of the Local Main Street Program. 3. National Main Street Accreditation: Support the Local Main Street Program in compliance with this Agreement and with the completion of the annual Main Street America Accreditation and the re -designation process described above. 4. Demonstrated Support: Pass a Resolution to demonstrate the City's support of the Local Main Street Program and revitalization of the downtown/designated Main Street district as an important element of the City's economic development strategy. In the resolution, the City must commit to providing funding for the Local Main Street Program, appoint a City official to represent the City on the Local Main Street Program governing board, and commit to continuing to follow the Main Street Approach® as developed by the Main Street America and espoused by the MSI Program for local Main Street district revitalization efforts. SECTION III. The IEDA agrees to: 1. National Main Street Accreditation: 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. Main Street Technical Assistance: a. Maintain a team of downtown revitalization specialists, including a Main Street Iowa State Coordinator, to manage communication between the Local Main Street Program, City, the Main Street Iowa Program, and state government agencies. b. Provide, as requested and as can be scheduled, on -site technical assistance to the Local Main Street Program and City by one or more downtown revitalization specialists. Technical assistance may include design, economic vitality, promotion, organization, committee training, board planning retreat facilitation, and action planning. c. Conduct an on -site partnership visit at least once every two years. d. Provide continuing advice and information to the Local Main Street Program and City. 3. Main Street Training: a. Coordinate at least three (3) statewide training sessions annually for Local Main Street Programs and Cities. The nature of training to be provided at each session shall be based on the combined needs of all Iowa Main Street Communities. b. Conduct at least three MSI Program orientations for all new Executive Directors and Local Main Street Program 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. c. Offer optional regional training sessions. d. Statewide training sessions, orientations, and optional regional training sessions may be virtual, as determined by IEDA. 4. Main Street Network: Include the Local Main Street Program and City in the Main Street Iowa network. 5. Main Street Designation: Create and implement a re -designation process to be completed by all Local Main Street Programs every five (5) years. Page 4 of 5 Agreement # G300-MSI-19A SECTION IV. The PARTIES hereto otherwise agree as follows: 1. The term of this Agreement shall be for a period of nine (9) months beginning October 1, 2021 and ending June 30, 2022. 2. This Agreement may be amended by a written agreement to amend the Agreement signed by all three Parties, provided that the IEDA may unilaterally amend this Agreement to comply with legislative, administrative, and policy changes by the federal or state government. 3. Should any governmental unit enact, promulgate, or adopt laws, regulations, rules, or policies which alter or in any way affect the MS] Program, the City and the Local Main Street Program shall not hold IEDA liable in any manner for the resulting changes. 4. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their successors. 5. No Party shall discriminate against any employee or applicant for employment because of race, color, sex, age, disability, creed, religion, sexual orientation, marital status, or national origin. 6. Any Party may terminate this Agreement without cause after 30 days written notice to the other two parties. 7. This Agreement supersedes any previous agreements or negotiations, whether oral or written. 8. Nothing contained in this Agreement shall create any employer -employee relationship between or among any of the Parties. IN WITNESS WHEREOF, the parties have executed this agreement. BY. Mayor S.Cnature Roy D. Buol Mayor Printed Name BY: m Board President Signature L Tony Pfohl Board President Printed Name Deborah V. Durham, Director Iowa Economic Development Authority October 5, 2021 Date Dubuque, IA City September 22, 2021 Date Dubuque Main Street Local Main Street Program Date Page 5 of 5 Debi Durham (Nov 3, 2021 09:54 CDT)11/03/2021