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Dubuque Main Street Program AgreementMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Dubuque Main Street LTD. Program Agreement DATE: January 13, 2011 Dubuque All- America City 2007 Budget Director Jennifer Larson is recommending to approve the Program Agreement between Dubuque Main Street LTD., the City of Dubuque and the Iowa Department of Economic Development. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:Iw Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jennifer Larson, Budget Director el C. Van Mic Milligen TO: Michael C. Van Milligen, City Manager FROM: Jenny Larson, Budget Director SUBJECT: Dubuque Main Street Ltd. Program Agreement Introduction The purpose of this memorandum is to approve the Program Agreement between Dubuque Main Street Ltd., the City of Dubuque and the Iowa Department of Economic Development. Discussion January 13, 2011 Dubuque Main Street Ltd. (DMSL) 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. DMSL maintains an affiliation with the National Main Street Center and the State of Iowa Main Street program through the Department of Economic Development (IDED). In order to maintain this affiliation, IDED requires a Program Agreement signed by DMSL, the City of Dubuque and IDED. Attached is the Program Agreement provided by IDED. Included in the Agreement is a paragraph which states that DMSL will do the following: "Have a Resolution of Support passed by the City Council. This resolution must stipulate sources of funding for the program, (i.e., the city, downtown association, development corporation, assessment district, private donations or any combination thereof, etc.), who will be designated to supervise the program director, (i.e., the Main Street Board, etc.), a commitment to appoint a city official to represent the city on the local Main Street governing board of directors" This language is consistent with the annual Purchase of Services Agreement between the City of Dubuque and DMSL. The City is providing funding in the amount of $57,550 in Fiscal Year 2011. The city also has a city council and staff representative on the board of directors. These positions are currently filled by Council Member David Resnick and Assistant City Manager Cindy Steinhauser. The Purchase of Service Agreement was approved by the City Council in June 2010. Both the IDED Program Agreement and the annual Purchase of Service Agreement expire on June 30, 2011. Request The requested action is for City Council to approve the attached Program Agreement and resolution. Attachment cc: Dan LoBianco, DMSL Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager RESOLUTION NO. 13-11 Resolution of Support and Financial Commitment for the Main Street Program in Dubuque WHEREAS, an Agreement between the Iowa Department of Economic Development, Dubuque Main Street and the City of Dubuque for the purpose of continuing the Main Street Iowa program in Dubuque and, WHEREAS, this Agreement is pursuant to contractual agreements between the National Trust for Historic Preservation and the Iowa Department of Economic Development to assist in the revitalization of the designated Main Street project area of Dubuque Iowa and, WHEREAS, the City Council of Dubuque endorses the goal of economic revitalization of the Downtown within the context of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street Four Point Approach as developed by the National Trust for Historic Preservation and espoused by Main Street Iowa. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, meeting in regular session on January 18, 2011, that the City of Dubuque hereby agrees to support both financially and philosophically the work of Dubuque Main Street and designates the Main Street Board to supervise the Program Director. PASSED, APPROVED, AND ADOPTED THIS 18th day of January, 2011. Attest: Jeanne F. Schneider, CMC City Clerk D , 7 Roy D. uol, Mayor Main Street Iowa PS2011- F300 -12 Program Agreement Agreement between the Iowa Department of Economic Development, the City of Dubuque and Dubuque Main Street, Ltd. /DBA Dubuque Main Street for the purpose of continuing the Main Street Program in Dubuque. THIS AGREEMENT is entered into and executed by the Iowa Department of Economic Development herein referred to as the "IDED ", the City of Dubuque and Dubuque Main Street, Ltd. /DBA Dubuque Main Street, hereinafter referred to as the "Local Main Street Program or Community ". WHEREAS, Dubuque Main Street, Ltd. /DBA Dubuque Main Street has successfully completed a 25 -year partnership with the Department of Economic Development and desires that the program continue; and WHEREAS, the Department of Economic Development desires to continue the relationship, which has been established with Dubuque Main Street, Ltd. /DBA Dubuque Main Street; 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. Employ a paid full -time program director for the Local Main Street Program who will be responsible for the day -to -day administration of the Main Street program in the Community. 2. Develop an accurate position description, which includes the rate of compensation, describing the administrative activities for which the program director is responsible. A copy of which is to be provided during the annual program visit. 3. Submit monthly performance reports to the IDED. The reports will document the progress of the Local Main Street Program's activities. 4. Maintain worker's compensation insurance for the program director and staff. Provide proof of insurance during the annual program visit. 5. Remain in compliance with the requirements of this program as outlined in this agreement. If the IDED finds that the Local Main Street Program is not in compliance with the requirements of this program, the Local Main Street Program will be notified of non - compliance and given a probationary period in which to return to compliance. Continued non - compliance will result in termination of this agreement and loss of recognition as a Main Street Program Community. 6. This program agreement may not be assigned within the contract period. 7. Participate, as required by the State Main Street Coordinator, in training sessions as scheduled throughout the year. To remain in compliance and to be eligible for National Main Street accreditation, the local Main Street Program must have representation at both days of the four training sessions held annually, indicated as mandatory on the program calendar. In 2011, one of the four mandatory trainings will include the National Main Streets Conference in Des Moines on May 22 -25, 2011. In addition, any newly hired program director will be required to participate in Main Street Orientation, Getting to Know IDED, as soon after the hire date as feasible; and participate in Main Street Four Point Approach® (Main Street 101) when offered within the state. Registration and all related travel expenses for training will be paid by the Community. 8. Provide the State Main Street Coordinator with one (1) copy of any materials published or printed that relate to the local Main Street project. 9. Have a Resolution of Support passed by the city council. This resolution must stipulate sources of funding for the program, (i.e., the city, downtown association, development corporation, assessment district, private donations or any combination thereof, etc.), who will be designated to supervise the program director, (i.e., the Main Street Board, etc.), a commitment to appoint a city official to represent the city on the local Main Street governing board of directors, and that the Local Main Street Program will continue to follow the Four -Point Main Street Approach as developed by the National Trust for Historic Preservation and espoused by Main Street Iowa. 10. Continue to retain a current membership in the National Main Street Center Network. 11. Achieve National Main Street Center accreditation at a minimum once every three years. SECTION II. The IDED agrees to: 1. Designate a Main Street State Coordinator to handle communication between the Community, the Main Street Iowa Program, and state government agencies. 2. Conduct four (4) statewide training sessions annually for program directors and local Main Street volunteers based on the combined needs of all Iowa Main Street Communities. 3. Conduct three to four one -day (1) Main Street orientations for all new program directors, board members and volunteers. The Orientation will introduce the program director to the Main Street Program and to their immediate responsibilities. Orientation meetings will be held in a central Iowa location. 4. Conduct an on -site program visit annually. 5. Provide continuing advice and information to the Local Main Street Program. 6. Conduct on -site technical assistance visits with Main Street Iowa personnel as deemed appropriate and necessary. 7. Include the Community in the Main Street Iowa network. 8. Provide, as requested and can be scheduled, on -site design and business assistance visits to the Community. 8. Offer training via the Iowa Communications Network (ICN) no less than three times each year. SECTION III. The PARTIES hereto otherwise agree as follows: 1. The term of this agreement shall be for a period of one year, beginning July 1, 2010, and ending June 30, 2011. It may be extended or revised by a written amendment signed by both parties. 2. This agreement shall be binding upon and shall insure to the benefit of the parties and their successors. 3. Not to discriminate against any employee or applicant for employment because of race, color, sex, age, disability or national origin. The parties further agree to take affirmative action to assure that applicants are employed and that employees are treated without regard to their race, color, region, sex, age, disability or national origin during employment. 4. Either party may terminate this agreement without cause after 30 days written notice to the other party. 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 IDED is limited to furnishing its technical services to the Community and thus nothing contained herein shall create any employer - employee relationship. IN WITNESS WHEREOF, the parties have executed this agreement. BY: BY: BY: (Mayor) Roy Buol Dubuque, Iowa (City) (President) Wendy Knight Dubuque Main Street (Local Main Street Program) Bret L. Mills, Director Iowa Department of Economic Development (Date) (Date) (Date)