CS Agreement_Dubuque Area Convention and Visitors Bureau FY15THE CITY OF
D1JUt
Masterpiece on the Mississippi
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Contracted Services Agreement — Dubuque Area Convention and Visitors
Bureau
DATE: May 6, 2014
During the Fiscal Year 2015 budget process, the Mayor and City Council provided
$979,677 for a Contracted Services Agreement with the Dubuque Area Convention and
Visitors Bureau.
Budget Director Jennifer Larson is recommending execution of the attached agreement
with the Dubuque Area Convention and Visitors Bureau to provide funding for tourist
and convention development on behalf of City.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
p's
Michel C. Van Milligen
MCVM/jml
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maurice Jones, Economic Development Director
Jenny Larson, Budget Director
THE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
TO: Michael C. Van Milligen, City Manager
FROM: Jennifer Larson, Budget Director
SUBJECT: Contracted Services Agreement — Dubuque Area Convention and Visitors
Bureau
DATE: May 6, 2014
Attached for City Council approval is the Contracted Services Agreement with the
Dubuque Area Convention and Visitors Bureau for Fiscal Year 2015.
In FY 2014, the Dubuque Area Convention and Visitors Bureau became a separate not-
for-profit from the Dubuque Area Chamber of Commerce. Payments of the 50 percent
hotel/motel tax are paid directly to the Dubuque Area Convention and Visitors Bureau
rather than being paid to the Dubuque Area Chamber of Commerce. The Dubuque Area
Convention and Visitors Bureau is required to report monthly on the use of the
hotel/motel tax.
The adopted Fiscal Year 2015 operating budget provides a payment of $979,677. This
amount represents 50 percent of the hotel/motel tax received by the City for the period
of October 1, 2012 through September 30, 2013. Payment will be made to the
Dubuque Area Convention and Visitors Bureau in four equal quarterly installments of
$244,919.
It is my recommendation that the City Council approves the attached Contracted
Services Agreement with the Dubuque Area Convention and Visitors Bureau and
authorizes the Mayor to execute the contract on behalf of the City.
JML
Attachment
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE AREA CONVENTION AND VISITORS BUREAU
THIS AGREEMENT, dated for reference purposes the 1st day of July 2014, is made
and entered into by and between the City of Dubuque, Iowa (City), and the Dubuque Area
Convention and Visitors Bureau (Agency).
WHEREAS, City, as the recipient of certain hotel and motel taxes, is permitted by
Chapter 422A of the Code of Iowa to spend such tax receipts for the promotion and
encouragement of tourist and convention business in the City of Dubuque; and
WHEREAS, City has agreed to provide certain financial assistance in an amount
equivalent to fifty percent (50%) of the hotel/motel tax to enable the Agency to carry out
such tourist and convention development on behalf of City; and
WHEREAS, Agency represents itself as technically and professionally qualified to
provide services to effectively promote and develop the tourist and convention business for
City.
NOW THEREFORE, the parties hereto agree as follows:
1. Scope of Services
Agency shall:
a) undertake such services that are necessary and requisite to carry out a Program of
Work as will be described in a Convention and Visitors Bureau Business and
Marketing Plan that will be submitted to the City Manager no later than December
31, 2014;
b) retain competent and qualified staff under appropriate supervision to plan and
implement the Program of Work in an efficient and timely manner;
c) maintain a Tourist Information Center throughout the entire year;
d) continue marketing conventions at the Grand River Center and Five Flags Center;
e) continue marketing of the National Mississippi River Museum and Aquarium;
f) coordinate America's River Project activities with the America River Corporation.
The Agency will act as the lead promotional entity for the America's River Project
as well as being the lead marketing agent for the entire destination; including the
newly created Port of Dubuque Marina;
g) further the goals of the America's River Project; and
h) Comply with City Council goals and priorities set forth in Exhibit A.
2. City Responsibilities
City designates the Economic Development Director, to act as its representative with
respect to the work to be performed under this Agreement, and such person shall
have authority to transmit instructions, receive information, interpret and define City's
policies and provide decisions in a timely manner pertinent to the work covered by this
Agreement until Agency has been advised in writing by City that such authority has
been revoked.
In the event that any reports, records and maps are existing and available and are
useful to carry out the work on the Scope of the Work, City shall promptly furnish such
material to Agency.
3. Time of Performance
The term of this Agreement shall be from July 1, 2014 through June 30, 2015.
4. Compensation
a) City shall pay to Agency an amount not to exceed $979,677 (which represents
fifty percent (50%) of the hotel and motel tax received by City for the period of
October 1, 2013, through September 30, 2014. Such sum shall constitute full and
complete compensation for all services to be rendered including personnel costs,
travel, printing and publications, and all other expenses.
b) The compensation of $979,677 for fifty percent (50%) of the hotel motel tax
received by City shall be paid by City to Agency in four quarterly installments
upon receipt by City of a requisition for such payment from Agency. Such
payments shall be due and payable as follows: First Quarter -$244,919; Second
Quarter - $244,919; Third Quarter - $244,919; and Fourth Quarter - $244,920.
Earlier payment of the hotel motel tax may be requested by Agency to the City
Manager for consideration.
5. Audit and Evaluation
a) Inasmuch as the funds to be provided to Agency by City are public funds, the
Agency agrees that it will maintain books of account in accordance with Generally
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 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 its behalf, in order
to ascertain performance of Agency under this Agreement. Agency agrees to
retain such records for not less than three (3) years.
b) Agency shall provide City an annual audit report not later than October 1.
c) Agency's Board shall appoint an audit committee. The members of the Audit
Committee shall be as follows:
Treasurer of Dubuque Chamber of Commerce Board;
City of Dubuque Finance Director;
City of Dubuque Budget Director;
County of Dubuque Budget Director; and
Treasurer of Dubuque Main Street
6. Reporting and Monitoring.
a) Agency shall provide City quarterly reports at a regularly scheduled City Council
meeting detailing its activities beginning with the quarter ending September 30,
2014.
b) Written progress reports and financial statements shall be rendered monthly no
later than fifteen (15) days after the end of each month. Such reports shall
include a report as to the progress of Agency as well as a report on the
breakdown of expenditures of Agency.
c) Agency shall provide to City copies of studies, brochures, and other documents,
which may be produced to support and/or otherwise promote the work program of
Agency.
d) To assist in coordinating the activities of Agency with City, City's Mayor, one
member of the Dubuque City Council and the City Manager shall be appointed to
Agency's Board of Directors.
e) Agency shall appoint a Convention and Visitors Bureau Advisory committee
comprising of no more than 25 members appointed by the Board to one-year
terms. The committee members shall include City of Dubuque and Dubuque
County employees and representatives of the tourism and convention industry in
the City of Dubuque. No City or County elected official, City or County employee
or member of the Chamber of Commerce Board of Directors may serve as the
chairperson.
f) Copies of minutes of all meetings of the Convention and Visitors Bureau Board of
Directors, Advisory Committee and Audit Committee shall be filed with the City
Manager within ten (10) days after each meeting.
7. Discrimination
In carrying out the services under this Agreement, Agency shall not discriminate
against any employee or applicant for employment because of race, creed, color, sex,
age, national origin, religion, sexual orientation, gender identity or disability. Agency
shall take affirmative action to ensure that applicants for employment are employed
and that employees are treated during employment without regard to race, creed,
color, sex, age, national origin, religion, sexual orientation, gender identity, or
disability. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; 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 disability,
sexual orientation, gender identity, or disability.
8. Interest of Members, Officers, or Employees of the City of Dubuque; Members of the
Dubuque City Council; or Other Public Officials
No member, 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 person's tenure
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 a timely
and proper manner its obligations under this Agreement, or if the 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
Corporation of such and specifying the effective date thereof not less than thirty days
before the effective date of such termination. If Agency shall fail to cure its default to
the satisfaction of City in City's sole discretion within such thirty day period, this
Agreement shall be deemed terminated at the end of such thirty day period without
further action of either party.
Upon termination of this Agreement, Agency shall return to City all unexpended funds
and/or any funds utilized for purposes other than stated in the Agreement.
10. Assignability
Agency shall not assign any interest in this Agreement without the prior written
approval of City.
11. Insurance
At the time of execution of this Agreement by Agency, Agency shall provide City
copies of Agency's insurance certificates showing compliance with the insurance
requirements of Insurance Schedule D, included as Exhibit C.
WITNESS: CITY OF DUBUQUE
Kevin Firnstahl, City Clerk Roy D. Buol, Mayor
DUBUQUE AREA CONVENTION AND VISITORS BUREAU
Keith Rahe, President/CEO Chair of the Board