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Purch of Services Dbq Main St Ltd D~~%duE ~c/k-~ MEMORANDUM June 15, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Service Agreement -- Dubuque Main Street, Ltd. During the Fiscal Year 2007 budget process, the Mayor and City Council provided $46,165 for a Purchase of Service Agreement with Dubuque Main Street, Ltd. Budget Director Dawn Lang is recommending execution of the attached Purchase of Service Agreement with Dubuque Main Street, Ltd. to provide funding for the agency to continue to implement a downtown revitalization program. I concur with the recommendation and respectfully request Mayor and City Council approval. (l{~A C:~(lLl.fiL--~ Michael C. Van Milligen MCVM/ksf Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Dawn Lang, Budget Director ': DU~~E ~<k~ MEMORANDUM June 15, 2006 TO: Michael C. Van Milligen, City Manager FROM: Dawn Lang, Budget Director SUBJECT: Purchase of Service Agreement with Dubuque Main Street, Ltd. The adopted Fiscal Year 2007 operating budget provides for the payment of $46, 165to Dubuque Main Street, Ltd. 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. It is my recommendation that the City Council approves the attached Purchase of Service Agreement with Dubuque Main Street, Ltd. and authorizes the Mayor to execute the contract on behalf of the City. Attachment DLlksf AGREEMENT BETWEEN CITY OF DUBUQUE, IOWA AND DUBUQUE MAIN STREET, LTD. THIS AGREEMENT, dated for reference purposes the 1st day of July, 2006, is made and entered into by and between the City of Dubuque, (City) and Dubuque Main Street, Ltd., a nonprofit corporation (Agency). WHEREAS, the City desires to engage the services of Agency to provide and implement a downtown revitalization program; and WHEREAS, Agency has indicated its willingness to provide such services to the City; 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) The City of Dubuque, Grand Opera House and Dubuque Main Street have collaborated on the installation and management of a sign on 8th 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 1 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, 2006 through June 30, 2007. 3. Compensation City will pay to Agency $46,165.00 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 $11,541.25, payable September 29, 2006, December 29, 2006, March 30, 2007, and June 29, 2007 after execution of this agreement by both parties and upon receipt by City of a requisition for such sum from Agency. 4. Audit and Evaluation a) Inasmuch as the funds to be provided to Agency by City are subject to audit and performance evaluation, Agency will 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. Reportinq and Monitorinq 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 will be submitted to the City Council (January and July 2007) and an annual report will 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 and Agency. Such meetings 2 will be held to insure proper communication and avoid duplication of efforts between City and Agency. 6. Amendments and ChanQes in Scope of Services Any changes in the Scope of Services contained in this Agreement must have 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, 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, 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 payor other forms of compensation; and selection for training, including apprenticeship. Agency shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by City setting forth the provisions of this nondiscrimination clause. Agency shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, national origin, sexual orientation, or disability. 8. Interest of Officers or Emplovees of the Citv of Dubuque. Members of the Dubuque Citv Councilor 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 Contract 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 at least five days before the effective date of such termination. Upon termination of this Agreement Agency will return to City all unexpended funds and/or any funds utilized for purposes other than stated in this Agreement. 10. Compliance with Laws 3 Agency shall comply with all applicable laws, ordinances and codes of the Federal Government, the State of Iowa, and the City of Dubuque. 11. Assianabilitv Agency shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement without the prior written approval of City. 12. Insurance At the time of execution of this Agreement by Agency, Agency shall provide the 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. WITNESSED: CITY OF DUBUQUE, IOWA Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor Date Date DUBUQUE MAIN STREET, LTD. Dan LoBianco, Executive Director Date 4