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Cottingham CEBA Resolution of SupportTHE CITY OF DUB E ~°~-~~ MEMORANDUM January 30, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Resolution of Support for Cottingham & Butler CEBA Amendment Economic Development Director Dave Heiar recommends City Council approval of an amendment to a CEBA Agreement with the Iowa Department of Economic Development and Cottingham & Butler Insurance Services which extends the project completion date by one year, to June 30, 2005, to provide additional time for Cottingham & Butler to achieve their job creation requirements for the CEBA funds. I concur with the recommendation and respectfully request Mayor and City Council approval. { Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director ')`i°fi~ CPTY C7I= ~~ ~ ~ MEMORANDUM ~:~-~-~ January 30, 2007 TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Director SUBJECT: Resolution of support for Cottingham & Butler CEBA amendment INTRODUCTION This resolution is to approve an amendment to a CEBA agreement with the Iowa Department of Economic Development and Cottingham & Butler Insurance Services. BACKGROUND On April 19, 2001, the City Council approved Agreement Number 01-CEBA-45 with the Iowa Department of Economic Development and Cottingham & Butler to provide Community Economic Betterment funds for the expansion of Cottingham & Butler's Dubuque operations. The amendment is needed to extend the project completion date by one year to June 30, 2005. Additional time was needed for Cottingham & Butler to achieve their job creation requirements for the CEBA funds. RECOMMENDATION The recommendation is to approve the attached resolution to authorize the Mayor to sign the Agreement Amendment. ACTION STEP The action step is for the City Council to adopt the attached resolution which approves the amendment to the CEBA agreement with Cottingham & Butler. F:\USERS\DHeiar\Cottingham & Butler\20070130 Council Memo for amendment.doc RESOLUTION NO. 54-07 A RESOLUTION AUTHORIZING THE APPROVAL OF AN AMENDMENT TO THE CEBA AGREEMENT WITH COTTINGHAM & BUTLER INSURANCE SERVICE. Whereas, the Iowa Department of Economic Development's Community Economic Betterment Account (CEBA) was designed to assist in the economic development efforts of local jurisdictions; and Whereas, The Department of Economic Development approved Agreement Number 01-CEBA-45 with the City of Dubuque and Cottingham & Butler on April 19, 2001 for the expenditure of Community Economic Betterment funds; and Whereas, Cottingham & Butler desire to amend the agreement and have requested to extend the project by one year by amending the project completion date to June 30, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the amendment to extend the project by one year by amending the project completion date to June 30, 2005 for the Community Economic Betterment Account program on behalf of Cottingham & Butler, Inc. is hereby approved. Section 3. That the Mayor is hereby authorized to execute the amendment and the City Manager is hereby directed to submit said amendment to the Iowa Department of Economic Development together with such documents as may be required. Passed, approved, and adopted this 5th day of February 2007. Roy D. B ol, Mayor Attest Jeanne Schneider, City Clerk F:\USERS\DHeiar\Cottingham & Butler\20070130 Amendment 1 reso 01-CEBA-45.doc January 12, 2007 Brenda Hoefler Cottingham & Butler 300 Security Building Dubuque, IA 52001 RE: Community Economic Betterment Account (CEBA) Contract Number: 01-CEBA-45 with Cottingham & Butler Insurance Service Dear Ms. Hoefler: Enclosed is the original of Amendment #1 to the CEBA Agreement for the project referenced above. Both the Community and the Business need to execute the document, then return the original to me at the earliest convenience. The Department will return copies of the fully executed amendment to the Community and the Business for your records. If you wish to retain a copy in the interim, please make an additional copy. If you have any questions regarding the amendment, please call me at 515/242-4853 Sincerely, Micha I W. F rley Project ana er Enclosure c: IDED Accounting City of Dubuque (letter only) IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT 200 East Grand Avenue, Des Moines, Iowa 50309 USA • Phone: 515.242.4700 • Fax: 515.242.4809 • www.iowalifechanging.com CEBA #01-CEBA-45 Amendment #1 Page 1 Agreement Amendment Number: 1 Issuing Agency: Department of Economic Development Agreement Number: 01-CEBA-45 Agreement Title: Community Economic Betterment Account Community: City of Dubuque Amendment Effective Date: June 30, 2004 Final loan Repayment Date: August 1, 2008 Business: Cottingham and Butler Insurance Service, Inc. Project Completion/Job Attainment Date: June 30, 2004 WHEREAS, the Department of Economic Development (hereafter referred to as the Department), approved Agreement Number 01-CEBA-45 with the City of Dubuque (hereafter referred to as the Community) and Cottingham and Butler Insurance Service, Inc. (hereafter referred to as the Business) on April 19, 2001 for the expenditure of Community Economic Betterment funds. WHEREAS, the Community and Business are now desirous of amending said agreement and have requested to: extend the project by one year by amending the project completion date to June 30, 2005. THEREFORE, said Agreement by and between the Department, the Community and the Business is hereby amended as follows: Amend Article 1.3 Community Base Jobs to read: 1.3 COMMUNITY BASE JOBS. "Community Base Jobs" means the number of Full- time Equivalent (FTE) Jobs the Department determines are in place in the Community at the time of application for CEBA funds and which will remain in the Community whether or not CEBA funds are awarded. Said jobs must be in place at the Project Completion Date. Amend Article 1.4 Created Jobs to read: 1.4 CREATED JOBS. "Created Jobs" means the number of new Full-time Equivalent (FTE) Jobs the Business will add to the Community which meet the Project Wage Obligation over and above the number of Community Base Jobs and/or Retained Jobs. Said jobs must be in place at the Project Completion Date. CEBA #01-CEBA-45 Amendment #1 Page 2 Amend Article 1.11 Proiect Completion Date to read: 1.11 PROJECT COMPLETION DATE. "Project Completion Date" means June 30, 2005 and is the date by which the Project tasks shall have been fully accomplished including fulfillment of the Job Attainment Obligation. Amend Article 1.13 Retained Jobs to read: 1.13 RETAINED JOBS. "Retained Jobs" means the number of Full-Time Equivalent (FTE) jobs the Department determines are in place in the Community at the time of application for CEBA assistance and which the Business and Community agree will be retained due to the receipt of the CEBA funds. Said jobs must be in place at the Project Completion Date. IN WITNESS THEREOF, the parties hereto have executed this Amendment on the day and year last specified below: Community: Issuing Agency: Department of Economic Development By: Roy Buol, Mayor Date: Business: By: John E. Butler, President By: Kenneth H. Boyd, Business Finance Manager Date: Date: ~ ~ ~' 7 ~ d T