POS FY 08 Dubuque Main StTHE CITY OF
DuB E
Masterpiece on the Mississippi
MEMORANDUM
June 13, 2007
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 2008 budget process, the Mayor and City Council provided
$47,550 and $10,000 for a Purchase of Service Agreement with Dubuque Main Street,
Ltd.
Budget Director Jennifer Larson 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 and to help fund a part time
development position to help manage the economic development and design
assistance function of the Warehouse/Millworking District.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
M chael C. Van Milligen
MCVM/jml
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jenny Larson, Budget Director
THE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
June 13, 2007
TO: Michael C. Van Milligen, City Manager
FROM: Jennifer Larson, Budget Director ~-~
SUBJECT: Purchase of Service Agreement with Dubuque Main Street, Ltd.
Attached for City Council approval is the Purchase of Services Agreement with
Dubuque Main Street, Ltd. for the City's financial support for Fiscal Year 2008.
The adopted Fiscal Year 2008 operating budget provides for the payment of $47,550 to
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.
The adopted Fiscal Year 2008 operating budget also provides for the payment of
$10,000 to Dubuque Main Street, Ltd. This payment helps to fund a part time
development position to help manage the economic development and design
assistance function of the Warehouse/Millworking District.
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
JML
AGREEMENT
BETWEEN
CITY OF DUBUQUE, IOWA
AND
DUBUQUE MAIN STREET, LTD.
THIS AGREEMENT, dated for reference purposes the 1st day of July, 2007, 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 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) 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
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.
f) Provide a part time development position to help manage the economic
development and design assistance function of the Warehouse Millworking District.
2. Time of Performance
The term of this agreement shall be from July 1, 2007 through June 30, 2008.
3. Compensation
City will pay to Agency a total of $57,550.00 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 $14,387.50, payable September 29, 2007, December29, 2007, March 30, 2008, and
June 29, 2008 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
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. 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 will be submitted to the City Council (January and July 2008)
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 will be held to insure proper communication and avoid
duplication of efforts between City and Agency.
2
6. Amendments and Changes 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 pay or 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 Employees of the Citv 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 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
Agency shall comply with all applicable laws, ordinances and codes of the Federal
Government, the State of Iowa, and the City of Dubuque.
3
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.
WIT ESSED: CITY ~ DUB , UE -IOWA
..-1- r i
~-;
ea a F. Schneider, City Clerk Ro I, Mayo
/' ~" ~
ate D to
D QUE MAIN TR~ET, LTD.
~`!
Dan LoBian o,
'~rl~
Date
Executive Director
4
THE POLICIES OF INSURANCE LISTED BELOW hIAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PC
.ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RfSPE~ TO WHIC
MAY PERTAIN, THE INSURANCE AFFORDED BV 7ME POLICIES DESCRIBED HEREIN IS SUB.IEGT 1'O ALL 7HE TERI
POLICIES. AGGREGATE LIMITS SI•IOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _
16R DD' TYPE OF IN6URANCE POLICY NUMBER POLICY EFFECTIVE P/1LICY E)<P)RATION
GENERALUABlLITY BOP3065274 04/O1/ZOO7 04/01/2008
X .COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ~X OCCUR
A X
GEN'L AGGREGATE LIMIT APPLIES PER;
~ POLICY JECT ~ L~
AUTOMOBILE UABILm'
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE uAe1LITY
ANY AUTO
EYCESS/UMBRELLA LIABILITY
OCCUR ~ CLAIM9 MADE
5257 04/01/2007
A X
DEDUCTIfiLC
RETENTION $
WORKERS COMPL•NSATION AND
EMPLOYERS' LIA6turv
ANV PROPRIETOR/PARTNERIEXECUTIVE
Op~ICER/MEM6ER tXCLUDED7
II YDB, tl86Cn~D 4ntle/
SCRIPTroN OF OPERATIONS /LOCATIONS / vEMICLfl6 /
ty of Dubuque ~s listed as an
CITY OE DUBUQUE
50 W 13TH STREET
DUBUQUE, IA 52001
ACORD 25 {2001/08)
X13 A ED BY ENDORSEMENT / HCIAL PROVISIONS
ona~l Insured on tie above General Li+
ILhV PEHI00 INDICATER- NOTWITHSTANDING
i THIS CERTIFICATE MAY 8E ISSUEp OR
AS, EXCLUSIONS AND GONDITIO!VS OF SUCH
^~ uMlTe _
EACH~OCCURRENCE 3 ], , OOO , OO
CAMAGE TO Rf:IVTED ; § O , OOO
MED EXP (Any one person) S 5 OO
PERSONAL 6 ADV INJURY $ Z OOO , OO
GENERAL AgaREGATE S 2 , 000 , OO
FROOUCrs - co~eP/oP AGO ~ 2 000 , 00
COMBINED 91NGLE LIMB ~
{Ea aceldent)
BODILY INJURY S
(Pw pereen)
60DILYINJURY r
(Par gccidenq
PROPERTY DAMAGE S
fPDr gcetderp)
AUTO ONLY • EA ACCIDENT a
OTWER THAN EA ACC $
AUTO ONLY' AGG $
EACH OCCURRENCE S Z OOO , OO
AGGREGATE $ ~ 2 , OOO OO
S
S
g
WCSTATU- ~OTr.-
e.L. EACH ACCIDENT _ S
E.L. DISEASE • ER EMPLOYE S _
E.L. DISEASE • PoUCV LIMIT 5
I
Ibil ity.
SHOULD ANY OF 7HE ABOVE DESORI9ED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DAYS THEREOF, THE IssuING INSURER WILL ENDEAVOR YO MAIL
3~ DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT.
8uT FAILURE TO MAII. SUCH NOTICE SHALL 1NIPOSB NO OBLIGATION OR LIABILTY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REVRESENTATIVE3.
AUTHORISED REPRI:SENTATIYE ~~ ~ /IEr~;y _
Mark Fhal en / _ /~/~",~~/
®ACORD CORf~ORATION 1988
__ _ AUG-I5-2007 WED 09 30 AM FRIEDMAN INSURANCE FAX N0, 563 556 4425 P, 02
AU1-15-2607 WED 09 30 AM FRIEDMAN INSURANCE FAX NC. 563 556 A425 P. 03
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certiflcate does not confer rights to the certificate holder In lieu of such endorsement(s}.
Ii SUBROGATION IS WAIVED, subJect to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in liou of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001!08)