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Master Consulting Services Agreement First Amendment_David LyonsMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque krittl All-Amedca City 1 2007 SUBJECT: First Amendment to Master Consulting Services Agreement between the City of Dubuque and The Iowa Institute and David Lyons DATE: February 3, 2011 Attached is the First Amendment to Master Consulting Services Agreement between the City of Dubuque and the Iowa Institute and David Lyons, which extends the current contract that expires on June 30, 2011, by one year. I respectfully recommend Mayor and City Council approval of this Amendment. 2 - ' Mi hael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager FIRST AMENDMENT TO MASTER CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE IOWA INSTITUTE AND DAVID LYONS This First Amendment to Master Consulting Services Agreement between the City Of Dubuque, Iowa (Client) and The Iowa Institute and David Lyons (Consultant) is dated for reference purposes the day of , 2011. Whereas, Consultant and Client entered into the Master Consulting Services Agreement (the Agreement), a copy of which is attached hereto; and Whereas, the Agreement terminates at midnight on June 30, 2011; and Whereas, Client now desires to extend the Agreement to June 30, 2012. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Section 3 of the Agreement is amended to provide that the Agreement terminates at midnight on the 30th day of June, 2012. 2. All other terms and conditions described in the Agreement remain in full force and effect. CLIENT City of Dubuque City Hall 50 West 13th Street Dubuque, IA 52001 -4865 Phone: (563) 589 -4110 By Michael C. Van Milligen City Manager Date: 11/ l Y /rl CONSULTANT David J. Lyons The Iowa Institute 5804 Pheasant Drive �rz_ Des Moines, IA 50312 Phone: (515) 279 -7559 By David J. L President Date: F:\ USERS \tsteckle \Lindahl\ Agreements\ FirstAmendmentToMasterConsutingServAgree- Lyons_020311.doc Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY MEMORANDUM tol-k) To: Michael C. Van Milligen City Manager DATE: January 21, 2011 RE: Dave Lyons Master Consulting Services Agreement This is in response to your question about the process for extending the David Lyons Master Consulting Services Agreement. A copy of the Agreement is attached. The current term of the Agreement terminates June 30, 2011. Under Section 4 of the Agreement, the City has the option for an extension which is exercised by sending written notice to David Lyons that it is the City's intention to extend the agreement for an additional period not to exceed 12 months without David's written consent. The terms and deliverables described in the standing Statement of Work would apply during the term of the extension. All other requirements and protections of the Agreement would also remain in place, including the right to terminate the Agreement without cause. Please let me know if you need any additional information. BAL:tls Attachment cc: David Lyons, Project Manager F :\ USERS \tsteckle \Lindahl\Memos\MVM LyonsMasterConsultingServAgreement _012111.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL balesq @cityofdubuque.org MASTER CONSULTING SERVICES AGREEMENT Client: City of Dubuque The parties to this Master Consulting Services Agreement ("Agreement ") are the consulting services provider, The Iowa Institute and David Lyons, the Consultant ( "Consultant ") and the City of Dubuque ( "Client "). For Identification purposes, the date of this Agreement Is the date it is signed by Client. The purpose of this Agreement is to set forth the terms and conditions under which Consultant will perform consulting services for Client. 1. Client. "Client" means the City of Dubuque, Iowa . 2. Statement of work. For each engagement under this Agreement, the services to be performed by Consultant at Client's request will be described in a statement of work ( "Statement of Work ") as shown in Exhibit A. Each Statement of Work and each amendment thereto must be signed by both parties and must state that it is made pursuant to this Agreement. Each Statement of Work shall constitute a separate agreement which incorporates the terms and provisions of this Master Consulting Services Agreement. The provisions of this Agreement shall control over any conflicting provisions In a Statement of Work, except to the extent that a provision of this Master Consulting Services Agreement specifically states that a Statement of Work may provide different terms. A Statement of Work may contain additional terms, provided that the terms do not conflict with the provisions of this Agreement. Deliverables. The term "Deliverables" as used in this Agreement shall mean any and all written materials, services and other items which are to be furnished to Client by Consultant as provided in a Statement of Work. 3. Term and termination. Each Statement of Work shall take effect when signed by both parties. The actual provision of consulting services shall begin on the "Start Date" specified in the Statement of Work, which may or may not be the same as the effective date. Each Statement of Work will continue in effect until terminated by Client in accordance with the paragraph of this Agreement titled "Termination for convenience ", but In the absence of such a termination for convenience: (a) if a Statement of Work specifies a term of months or a specific termination date, that Statement of Work shall automatically terminate upon expiration of the Initial Term (defined as the period beginning on the Start Date and ending on the specified termination date or at the end of the specified number of months) unless the Statement of Work is renewed in accordance with the paragraph below titled "Renewal"; or (b) if the consulting services consist of completing specified tasks or Deliverables and no term of months or termination date is specified in the Statement of Work, the Statement of Work shall automatically terminate upon completion of all tasks and final acceptance or non - acceptance of all Deliverables specified in that Statement of Work. Notwithstanding the foregoing, unless otherwise agreed in writing by the arties, thi Aare ment shall commence on the/of day of 9a 2009, and shall terminate at midnight on the 30 day of June, 2011. 4. Renewal. A Statement of Work with an Initial Term may be renewed by Client for an additional term ( "Renewal Term "), and subsequently for additional Renewal Terms, upon written notice to Consultant on or before the expiration date of the then - current term. Each Renewal Term shall begin upon expiration of the prior term and shall have the duration specified in Client's notice, which shall not exceed 12 months without Consultant's written consent. 5. Fees. Each Statement of Work shall specify all fees and other charges that Client will pay Consultant for the consulting services to be rendered pursuant to that Statement of Work, and shall specify whether fees will be on a time - and- materials basis, a fixed price basis, or a combination of both. 6. Fixed price basis. If any services under a Statement of Work will be performed on a fixed price basis, the Statement of Work shall state a fixed price which shall include all labor and materials required to complete the entire Statement of Work (or the entire fixed price portion of the Statement of Work, as applicable). Invoices for work performed on a fixed price basis shall be issued as provided in the Statement of Work. 7. Change orders. A Statement of Work shall describe the work to be performed and may contain a list of assumptions on which delivery dates or fixed or maximum prices are based. If the scopes of the project or assumptions change during the course of the engagement, the changes shall be described in a change order to be signed by both parties. The change order shall also set forth any changes to delivery dates and/or fixed or maximum prices that the parties agree are fair in light of the changed scope or assumptions. 8. Travel, meals, lodging, communications, photocopies and other reasonable expenses. If a Statement of Work specifies that Client is to pay Consultant's expenses for travel, meals, lodging, communications, photocopies and other reasonable expenses. Client shall reimburse 1 Consultant for actual, necessary and reasonable expenses 9. Invoices. Client shall not be billed or be liable for any charges other than those described and authorized in the Statement of Work, in this Agreement or in a subsequent writing signed by Client. Each invoice must clearly indicate the services, materials and expenses for which Client Is being charged, and must include an invoice number, the time period covered by the invoice, the amount of any applicable tax, and sufficient detail to allow Client to determine the accuracy of the invoice. Client shall be billed only for services actually performed and for expenses actually incurred. Invoices for any allowable expenses must include itemization of each expense and documentation of amounts actually paid for expenses. If the Statement of Work lists specific additional items or categories of information that must be included on Consultant's invoices, that information shall be provided. Except to the extent Client has the right to withhold payment pursuant to an express provision of this Agreement or a Statement of Work, timely invoices shall be paid within 30 days after the later of: (a) the invoice date; or (b) the date Client receives a correct paper invoice or a correct electronic invoice file in a format that meets Client's electronic invoicing requirements. 10. Address for invoices. All invoices shall be sent to City of Dubuque, Iowa, 50 West 13 Street, Dubuque IA 52001 -4864, attn: City Manager. Consultant agrees not to send duplicate invoices to any other persons or departments in Client's enterprise. 11. Disputed invoices. Consultant shall use commercially reasonable efforts to ensure the accuracy of invoices. Client will provide written notification of any disputed invoice within 30 days after receipt, and shall have an additional 30 days in which to resolve the dispute with Consultant and pay the agreed -upon amount. The parties agree to use commercially reasonable efforts to resolve the disputed items within the 30 -day additional time period. 12. Client's responsibilities. In connection with each Statement of Work, Client shall: (a) designate one employee of Client as coordinator who shall be Consultant's primary point of contact for all new or unresolved questions and issues relating to the engagement (b) provide such Client information and data as is reasonably necessary to enable Consultant to perform its obligations; and (c) perform such other duties and tasks as may be specifically identified as Client obligations on a Statement of Work, or as may be otherwise agreed upon in writing by Client and Consultant. Client shall have no obligations which it must perform as a condition of the full and timely performance by Consultant of its obligations under a Statement of Work, except for those obligations specifically identified as Client obligations in a writing signed by Client. 13. Client -owned items. If Client provides for Consultant's use in connection with a Statement of Work any hardware, software or other items which are owned, leased or licensed by Client, no title to any such items shall pass to Consultant, and Consultant shall return all such items to Client upon conclusion of the engagement. Consultant agrees to use such items in a manner consistent with their intended use and to exercise at least the same degree of care in their use as it does with its own similar items, but in no event less than reasonable care. 14. Progress reports. If a Statement of Work specifies that Consultant is to furnish periodic progress reports, the provisions of this paragraph shall apply. The frequency of the required reports shall be monthly unless the Statement of Work specifies a different frequency, in which case the references to "monthly" in this paragraph shall be changed accordingly. Once every month during the course of the engagement, Consultant shall provide Client with a report briefly describing the progress of the project. The report shall also specify in detail: (a) any known problem or circumstance encountered by Consultant during the preceding month period which may tend to cause any delay in Consultant's performance or which may tend to cause any project cost overrun for time - and - materials charges; (b) Consultant's best estimate of the length of any such delay and /or of the amount of any such cost overrun; and (c) a description of the cause of each such problem or circumstance and the specific steps proposed to be taken to remedy such problem. Any problem or circumstance which Consultant fails to timely include in such a report to Client shall not later serve as a basis for Consultant to claim additional payment from Client or to claim an excuse for failing to complete any task by the completion date specified in the Statement of Work. 15. Acceptance of Deliverables. No Deliverable will be deemed accepted by Client until Client states that it is accepted. Client shall have no obligation to pay any invoice received from Consultant to the extent any Deliverable furnished or required to be furnished to Client through the date of Client's receipt of the invoice has not been accepted by Client as provided below. If the Statement of Work specifies a certain number of business days in which Client is to review Deliverables, Client shall notify Consultant in writing of the acceptability or non - acceptability of 2 the Deliverable(s) within the specified number of business days after Client's receipt of the Deliverable(s). Otherwise, Client shall provide such notice within a reasonable time. Any non- acceptance notice shall state the particulars in which the Deliverable is deficient. If acceptance criteria are specified in the Statement of Work, the notice shall specify which criteria are not satisfied. Consultant shall be allowed a reasonable time to correct deficiencies. 16. Warranty for services. Consultant warrants that it shall perform the services required under each Statement of Work in a professional manner, by qualified personnel, in accordance with all applicable industry standards, and in accordance with the terms of the Statement of Work. If this warranty is breached, Consultant at Client's option shall either: (a) promptly and at Consultant's own expense re- perform the applicable services as warranted, or (b) refund to Client the entire amount paid for the applicable services and for any other services that become substantially without value to Client as a result of the breach. 17. Independent contractor. It is agreed and understood that Consultant's relationship to Client Is that of an independent contractor. Neither party shall be deemed to be, or hold itself out as, a partner, agent, employee or Joint venturer of the other party. All persons performing Consultant's obligations under this Agreement shall be considered to be solely the employees, contractors or agents of Consultant or its contractors, and Consultant and its contractors shall be responsible for ensuring there is payment of any and all salaries, wages, payroll taxes, insurance and other items payable to or on behalf of such personnel, and for maintaining worker's compensation insurance on such personnel. Consultant shall indemnify and hold Client harmless against any claims, costs or expenses that may arise out of any breach of this paragraph by Consultant or its contractors. 18. Compliance with law. In performing Consultant's obligations under a Statement of Work, Consultant and its personnel shall comply with all applicable city, state and federal laws, ordinances, rules and regulations. 19. General indemnification. Each party agrees to indemnify, defend and hold the other harmless against any third party claim involving personal injury or damage to tangible property arising from alleged negligent or willful acts or omissions of the indemnifying party or its employees, agents or subcontractors in connection with this Agreement. 20. Ownership of work product. Except as expressly stated in the paragraph of this Agreement entitled "Consultant's retained rights," Consultant agrees that all rights, title and interest in and to any works and materials created by Consultant or created jointly by Consultant and Client pursuant to this Agreement, including but not limited to copyrights, will at all times belong exclusively to Client. 21. Consultant's retained rights. Client's ownership rights shall not extend to or include the ideas, concepts, know -how or techniques used by Consultant in furnishing services or providing Deliverables to Client. Consultant shall retain sole title to and ownership of all works and materials created by Consultant other than pursuant to this Agreement, but for all such works and materials incorporated into any Deliverable under this Agreement, Consultant grants to Client an irrevocable, royalty -free, non - exclusive, non- transferable perpetual license to use, duplicate, alter and modify such works and materials in the normal course of Client's activities. 22. Confidentiality. Each party acknowledges that, in connection with the performance of this Agreement or otherwise in the course of its dealings with the other party, it may receive or learn confidential, business, trade secret, proprietary or other like information concerning the other party or third parties to whom the other party has an obligation of confidentiality ( "Confidential Information "). Each party agrees to the extent permitted by law that it will not disclose to any third party, either orally or in writing, any Confidential Information of the other party without the prior written consent of the other party, and that it will not appropriate any Confidential Information to its own use or to the use of any third party. Confidential Information that is provided by one party to the other shall be used by the recipient only for the purpose for which it was provided, and access to it shall be restricted to individuals who require the Information (or access to the information) to further that purpose. Without limiting any of the foregoing, each party agrees to take at least such precautions to protect the other party's Confidential Information as it takes to protect its own Confidential Information, and in any event shall take all precautions that are reasonably necessary to protect the security of the other party's Confidential Information. Each party further agrees that upon request of the other party it will return to that party all tangible items containing any of that party's Confidential Information, including all copies, abstractions and compilations thereof, without retaining any copies of the items required to be returned. The obligations of this paragraph extend to the 3 employees, agents, affiliates and contractors of each party, and each party shall inform such persons of their obligations hereunder. 23. Prohibition on publicity. Consultant may include the name "City of Dubuque" on a listing of Consultant's clients, provided that such listing does not state or imply that Client endorses Consultant or its services. Otherwise, neither party may advertise or promote itself using the name, service mark or description of the other party without the written consent of the other party in the case of each such use. 24. Termination for convenience. Client may terminate a Statement of Work at any time for any reason with or without cause by giving Consultant 5 days' notice in writing of Client's intention to so terminate. Following the effective date of such termination and upon delivery to Client of all items required by this Agreement and the Statement of Work to be delivered by Consultant to Client upon termination, Client shall pay Consultant for services performed and reimbursable expenses incurred through the termination date. in the case of fixed price work, the amount paid for services performed shall be an equitable portion of the fixed price based on the amount of the fixed price work completed prior to termination. 25. Cancellation for material breach. Either party may terminate any Statement of Work upon 15 days' written notice to the other party if such other party has committed a material breach of its obligations under the Statement of Work (including the incorporated provisions of this Agreement), and such breach is not cured within the 15 -day notice period. 26. Effect of termination. Termination or cancellation of a Statement of Work shall not terminate this master Agreement, and the parties shall remain free to enter into future Statements of Work pursuant to this Agreement. In addition, termination, cancellation or completion of a Statement of Work shall not relieve either party of any previously accrued obligations or of any obligations, which by their nature are intended to survive termination, cancellation or completion. Obligations which survive shall Include but not be limited to obligations in connection with payment, warranties, Confidential Information and indemnification. 27. Dispute resolution. In the event of any dispute arising out of or relating to this Agreement, the parties agree to attempt in good faith to resolve the dispute first by direct negotiation and then, if that is not successful, by mediation with a neutral third - party mediator acceptable to both parties. Mediation expenses will be shared equally by the parties. 28. Partial invalidity. If any provision of this Agreement or any Statement of Work is held to be unenforceable, the remaining provisions shall continue in full force and effect. The parties shall in good faith negotiate a mutually acceptable and enforceable substitute for the unenforceable provision, which substitute shall be as consistent as possible with the original intent of the parties. 29. Remedies not exclusive. Unless this Agreement expressly states that a remedy is exclusive, no remedy made available under this Agreement is intended to be exclusive. 30. Non - waiver. No term or provision of this Agreement shall be deemed waived and no breach shall be deemed excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No consent by any party to, or waiver of, a breach by the other shall constitute a consent to, waiver of, or excuse for any different or subsequent breach. 31. Assignment. Neither party's rights or obligations under this Agreement (except the right to receive money) shall be assigned or delegated without the prior written consent of the other party, except that either party may without such consent assign all of its rights and delegate all of its obligations under this Agreement to an entity: (a) which such party owns or controls; (b) which is owned or controlled by such party; or (c) which is under common ownership or control with such party. Any consent required by this paragraph shall not be unreasonably withheld, conditioned or delayed. In the case of any assignment permitted hereunder without the other party's consent, the assignor shall promptly notify the non - assigning party in writing of the assignment and shall include in its notice a statement of the facts that permit assignment without consent. Nothing in this paragraph shall restrict a party's right to transfer property to which it has obtained ownership rights under this Agreement. 32. Successors and assigns. This Agreement and each Statement of Work hereunder shall inure to the benefit of and be binding upon the respective successors and assigns, if any, of the parties. Nothing in this paragraph shall be construed to permit any attempted assignment which would be unauthorized pursuant to any other provision of this Agreement. 33. Construction. The paragraph headings in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. The wording used in this Agreement Is the wording chosen by the parties to express their mutual intent, and no rule of strict construction shall be applied against either party. 4 34. Entire agreement; amendment. This Agreement, including the attached exhibit referenced herein and the Statement(s) of Work entered into pursuant to this Agreement, constitute the entire agreement between the parties with respect to the consulting services to be provided by Consultant to Client. This Agreement may be altered only by a written amendment identified as such and signed by authorized personnel of both parties. All such amendments to this Agreement shall be binding on both parties despite any lack of consideration. 35. Governing law. This Agreement shall be governed by the laws of the state of Iowa, without reference to conflict of law principles. 36. Notices. All notices which are required by this Agreement to be in writing: (a) shall be delivered by hand, by overnight courier, by facsimile, or by certified or registered mail, postage prepaid, return receipt requested; (b) shall be deemed given upon receipt by the transmitting party of machine confirmation of successful transmission of a facsimile to the correct facsimile number, or on the date of actual delivery when the written notice Is not sent by facsimile; and (c) shall be directed to the contact persons listed below at the respective addresses or facsimile numbers listed below, or to such other contact person, address or facsimile number as was last designated in a written notice by that party for notices to itself. 5 THE PARTIES HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND BOUND SY IT. EACH PARTY REPRESENTS THAT THE INDMDUAL AUTHORITY TO BIND SUCH PARTY. CLIENT CONSUL ANT City of Dubuque City Hall 80 Wesi l3' St. Dubuque, IA 82001 -4805 Phone: (563) 5894110 r B • ! .� By: y Michael C. V n Milligan Da I Lyons • r Its City Manager • „ / tl�. '7. . Exhibit A Its: $Y SIGNING BELOW AGREE 0 BE LINING ON ITS BEHALF HAS PULL David ns 71i 5804 P sant Drive Des M r es, Iowa 503•2 Phone: s5 655 ('title) c (Date) 6 THE PARTIES HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND BY SIGNING BELOW AGREE TO BE BOUND BY IT. EACH PARTY REPRESENTS THAT THE INDIVIDUAL SIGNING ON ITS BEHALF HAS FULL AUTHORITY TO BIND SUCH PARTY. CLIENT CONSULTANT City of Dubuque David Lyons City Hall TII 50 West 13 St. 5804 Pleasant Drive Dubuque, IA 52001-4805 j -+ Phone: Moines, Iowa 50312 Phone: (563) 589 -4110 ! J r, Z.— By: :/ By: Michael C. Vdn Milligen David Lyons Its: City Manager Its: (Title) (Date) - 1 / , A ( (D e) Exhibit A 6 Client: City of Dubuque STATEMENT OF WORK Date Client signed Master Consulting Services Agreement: This Statement of Work is made pursuant to a Master Consulting Services Agreement ("Agreement") between the consulting services provider identified above as "Consultant" THE Iowa Institute and David Lyons , City of Dubuque and its related entities included in the definition of "Client" in the Agreement (collectively, "Client "). The Agreement was signed by Client on the date indicated above. This Statement of Work incorporates all terms and provisions of the Agreement. Start Date -- Consultant is to begin providing the consulting services: (choose only one) immediately after this Statement of Work is signed by both parties X on the following date: 10/1/09 other (such as occurrence of an event): This Statement of Work will: (choose only one) _X_ have an Initial Term of 3 months _ have an Initial Term ending on the following date: _ terminate on completion of all tasks and final acceptance or non - acceptance of all Deliverables described in this Statement of Work Consulting services will be performed at: (indicate ALL that apply) X Client's premises in Dubuque _Client's premises in X Consultant's premises in Des Moines X Other locations to be determined by client X Check here if Client will pay travel, meal, lodging, communications, photocopies and other reasonable expenses. (See Agreement for details.) Indicate Invoicing terms: monthly X Check here if Consultant is to provide progress reports every month. If this Statement of Work is connected with a specific Client project, state name of project: SMART SUSTAINABLE DUBUQUE Protect coordinators Each party designates one of its employees to serve as the other party's primary point of contact for new or unresolved questions/issues relating to this Statement of Work. Either party may change its designated project coordinator, but shall promptly inform the other party of the change. Client designates: Michael Van Milligan Consultant designate: David Lyons Names and roles of key Consultant personnel David Lyons Brief overview of the engagement Consultant is to facilitate and coordinate the relationships, partnerships, funding, regulatory and other issues required to put the client in the position to successfully launch and implement SMART SUSTAINABLE DUBUQUE — AN IBM AND CITY OF DUBUQUE PARTNERSHIP. Tasks and Deliverables Over the period of this statement of work, deliverables include at a minimum (1) agreements with IBM, Alliant Energy and such other businesses as sufficient for client to proceed with and successfully implement the project; (2) completion 7 of short term fund - raising and grant development efforts and planning sufficient to provide client with evidence that there will be at least minimally required funding for the project; and (3) a recommended outline for, and Implementation of, a public roll -out of the project, including coordination with all primary and secondary partners and outreach and community engagement within the community, should client choose to proceed with the project. Fees Fees for this Statement of Work will be: (choose only one) X fixed price only (see further information below) time- and - materials only (see further information below) combination fixed price and time - and - materials (see further information below about each category) -- state here which tasks and Deliverables will be in each category: Fixed price information: Total fixed price for: (choose only one) X this Statement of Work: $ 10,000 per month _ fixed price portion of this Statement of Work: $ Consultant to invoice Client as follows: (choose only one) _ entire fixed price upon satisfactory completion of all fixed -price tasks and acceptance of all fixed -price Deliverables X other (specify): Monthly Each party represents that the individual signing on Its behalf has read this Statement of Work, understands it, and has full authority to bind such party. CLIENT CONSULTANT City of Dubuque David Lyons City Hall Til 50 West 13 St 5804 Pleasant Drive Dubuque, IA 52001 -4805 Des Moines, Iowa 50312 Phone: (563) 589 -4110 Phone: (515) 279 -7559 By: Michael C. VanMilligen Its: , (Print Name) / (Signature) City Manager (Title) �` I I / r Jf.•f. l ,(Date) By: (Print Name) (Signature) (Title) (Date) Its: 8 EWE Fees for this Statement of Work will be: (choose only one) X fixed price only (see further information below) time-and-materials only (see further information below) combination fixed price and time- and - materials (see further Information beiom about each category) -- state which tasks and Deliverables will be hi each category: Fixed price information: Total fixed price for: (ohooae only one) X this Statement of Work: 10.000J)er month fixed price portion of this Statement of Work: $ Consultant to Invoice Client as follows: (choose only one) entire fixed Moe upon satisfactory completion of all fixed -price tasks and acr-otanoo ask fixed -price Delive X other (specify): Monthly CLIENT City of Dubuque City Halt 50 West la St Dubuque, IA 62001.4805 Phone: (583) 509.4110 By: Its: .Michael C. VanMi11icen .� (Print Name) (Signature) City Manager- " �^ (Tide) ,(Date) CONSI.LTANI Pavtd L; ens Ill 5804 P easant Drive Des Mo'.`tee, Iowa 60312 Phone (515) 279 -7559 Its: of short term fund - raising and grant development efforts and planning sufficien . provide chant with evidence th will be at least minimally required funding for the project; and (3) a recommenced outline for, and Implementation public roll -out of the project, including coordination with all primary and seconds- partners and outreach and corn engagement within the community, should client choose to proceed with the prcj ct ' (P int Name) 7 (Sig ( Title) oy (Date there ()f unity as Each party represents that the individual signing on its behalf has read t i s Statement of Work, underst ds It and has full authority to bind such party. '/3 ti