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Agreement_Iowa American Revolution Bicentennial Commission and Five Flags Civic Center Fund_06.08.1973T H E C I T Y O F iPCET 2� DU13UQUE F GILBERT U. CHAVENELLE m C I TY MANAG ER JT OGMMUNITT 1 June 27, 1973 Mr. Gilbert D. Chavenelle City Manager City of Dubuque City Hall Dubuque, Iowa Dear Gil: OE PAR T M E NT OF HOUSING ANO RE O E V EL O P M E NT G E N T M W I T T E N B E R G 0 D I R E C T O R SUITE 10-B FISCHER BU!LOING PHONE 31958R-O'JI7 O U BU QU E. IO WA52001 We enclose a copy of the agreement executed between Five Flags and the Iowa American Revolution Bicentennial Com- mission. This agreement covers the $5000 presented yester- day to Wayne Norman through the Dubuque County IARB Com- mission by Ken Fulk, Secretary of the state organization. Ken indicated there will probably be more. We also enclose a copy of some supplementary material mailed today to the National Endowment of the Humanities in connection with the application for financial assistance for the multi -media center. There is some indication that perhaps some money may be available from them for the actual prepar- ation and cost of the film presentation. There is also some indication that they may not be interested in buying any of the sound or projector equipment. Sincerely yours, ,1 Gent M. Wittenberg GMW/vt Enclosures i I AGREEMENT BY AND BETWEEN THE IOWA AMERICAN REVOLUTION BICENTENNIAL COMMISSION M FIVE FLAGS CIVIC CENTER FUND DUBUQUE, IOWA This Ay;reement entered into as of the 8th day of June . :, 1973 by and between the Iowa American Revolution Bicentennial Commission (hereinafter called the Commission) and the Five Flags Civic Center Fund (hereinafter called Five Flags), WITNESSETH THAT: WHEREAS the Commission is responsible for the coordination of events and projects in Iowa in connection with the U.S. Bicentennial celebration, and WHEREAS the Five Flags has submitted application for funds in assistance Of a project serving as part of Iowa's participation in the Bicentennial celebration, and WHEREAS the Commission has found that the Five Flag's project meets all requirements for financial assistance. THEREFORE, the parties .herero do mutually agree as follows: 1.0 Scope of Service. Five Flags shall perform in a satisfactory and proper manner as, determined by the Commission, the following services: 1.1 Prepare schematic designs for the restoration of a one hundred year old theater, a surrounding pedestrian mall, and an attached civic ce-._r. 1.2 Provide to the Commission one copy of the receipt for payment from the firm preparing the schematic designs. 1.3 Provide to the project an amount of f:.ve thousand dolalrs ($5,000.CO) for use as local matching funds to the amount provided to Five Flags by the Commission herein. The provision of match:ng funds shall be documented and sub4ect to the proyisions of Section 9.0 of this Agree:ryent, - 2 ._ 2.0 Personnel. 'The Five Flags represents that it has all personnel required in performing the services under this Agreement. 3.0 Time of,Performance. The services required under this agreement shall be J completed on or before November 30, 1974. 4.0 Compensation. The Commission agrees to pay to the Five Flags the total sum of five thousand dollars ($5,000.00) for the services required under this Agreement. 5.0 Method of Payment. The Commission will pay to the Five Flags the amount set forth in Section 4.0 of this agreement according to the following conditions: 5.1 Payment Schedule - One payment in the amount of five thousand dollars ($5,000.00) on or before June 30, 1973, for use as partial payment of the fees of Cullen, Schlitz and Associates. 5.2 Progress Reports - The Five Flags shall provide to the Commission a brief report of project progress on or before September 30, 1973. Failure on the part of the Five Flags to submit this report shall entitle the Commission to full recovery of all funds paid to the Five Flags. 5.3 Maximum Compensation - It is expressly understood and agreed that in no event will the total compensation paid hereunder exceed the maximum amount of five thousand dollars ($5,000.00) for all services required. 6.0 Changes. The Commission, or Five Flags, may, from time to time, require changes in the provisions of this Agreement. Such changes, including any increase or decrease in the amount of Five Flags' compensation, which are mutually agreed upon by and between the Commission and Five Flags, shall be incorporated in written amendments to this Agreement. - 3 - 7.0 Interest of Members of the Commission. No officer, member, or employee of the Commission and no members of its governing body, and no other public official of the governing body of the locality or localities in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly interested or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 8.0 Interest of Five Flags. The Five Flags covenants that it presently has no interest and shall not acquire any interest, direct or indirect., which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Five Flags further covenants that in the performance of this Agreement no person having any such interest shall be employed. 9.0 Audits and Inspections. At any time during normal business hours and as often as the Commission, State Auditor and/or the Comptroller General of the United States may deem necessary, there shall be made available to the Com- mission, State Auditor and/or representatives of the Comptroller General for examination all of its records with respect to all matters covered by this Agreement and will permit the Commission, State Auditor and/or representatives of the Comptroller General to audit, examine and mc.ke excerpts or transcripts from such records, and to make audits of all contr;icts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relatin€, to all matters covered by this Agreement. -4- IN WITNESS WHEREOF the Commission and the Five Flags have executed this Agreement as of the date first written above. Five Flags Civic Center Fund Iowa THE FIVE FLAGS CENTER RESOURCES FOR HISTORICAL DATA FIVE FLAGS CENTER PROJECT RESOURCES The following qualified persons and recognized organizations will participate in the research, documentation and validation of data utilized as a basis for_the multi -media presentation of the early history and American Revolutionary War involvement of the Upper Mississippi Valley. Dr. Adrian Anderson University of Iowa State Historic Preservation Officer Mr. Peter T. Harsted, Superintendent, State Historical Society of Iowa Dr. Walter Peterson, President, University of Dubuque William J. Petersen, Superintendent Emeritus State Historical Society of Iowa Dubuque County Historical Society Wisconsin Historical Society