Purch of Services Dbq Main St Ltd
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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
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Dawn Lang, Budget Director
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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
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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
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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
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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
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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
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