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Purchase of Service_Dubuque Main StreetMasterpiece 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 Dubuque bltd AU- America City 111 ' 2007 June 14, 2011 During the Fiscal Year 2012 budget process, the Mayor and City Council provided $49,276 and $25,000 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 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director 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 2012. The adopted Fiscal Year 2012 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 2012 operating budget also provides for the payment of $25,000 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. 1 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 All-America City 2007 June 14, 2011 AGREEMENT BETWEEN CITY OF DUBUQUE, IOWA AND DUBUQUE MAIN STREET THIS AGREEMENT, dated for reference purposes the 1st day of July, 2011, 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 City; WHEREAS, Agency has indicated its willingness to provide such services to the 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. 1 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, 2011 through June 30, 2012. 3. Compensation City shall pay to Agency a total of $74,276 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 $18,569, payable September 30, 2011, December 31, 2011, March 31, 2012, and June 28, 2012 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 2012) 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 2 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 prior written 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. WITNESS: CITY OF DUBUQUE, IOWA c Kevi Firnstah , Acting City lerk Ly." n V. Sutton, Mayor Pro -Tem 4 DUBUQUE MAIN STREET Dan LoBianco, Executive Director