Loading...
POS GDDC Destination Opportunity AgreementTHE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi July 12, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Service Agreement - Greater Dubuque Development Corporation: Destination for Opportunity Campaign The Mayor and City Council approved $100,000 per year over the next five years in additional funding to the Greater Dubuque Development Corporation for implementation of Greater Dubuque: Destination for Opportunity. The campaign core mission includes business retention & expansion, workforce development: retention and recruitment, and new business recruitment. Budget Director Jennifer Larson is recommending execution of the attached agreement with the Greater Dubuque Development Corporation for support of their Destination for Opportunity Campaign. I concur with the recommendation and respectfully request Mayor and City Council approval. ;~~`y / ,~ c/ Michael C. Van Mi ligen 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 July 10, 2007 TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director ~1~, (., SUBJECT: Purchase of Service Agreement - Greater Dubuque Development Corporation: Destination for Opportunity Campaign Attached for City Council approval is the Purchase of Service Agreement with the Greater Dubuque Development Corporation for the City's financial support of Greater Dubuque: Destiny for Opportunity Campaign. The Mayor and City Council approved $100,000 per year over the next five years in additional funding to the Greater Dubuque Development Corporation for implementation of Greater Dubuque: Destination for Opportunity. The campaign core mission includes business retention 8~ expansion, workforce development: retention and recruitment, and new business recruitment. It is my recommendation that the City Council approves the attached Purchase of Services Agreement with the Greater Dubuque Development Corporation and authorizes the Mayor to execute the contract on behalf of the City. Attachment JML AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND GREATER DUBUQUE DEVELOPMENT CORPORATION THIS AGREEMENT, dated for reference purposes the 1st day of July, 2007, is made and entered into by and between the City of Dubuque, Iowa (City) and the Greater Dubuque Development Corporation (Corporation), a nonprofit corporation, for economic development services, including support of Greater Dubuque: Destination for Opportunity Campaign. WHEREAS, Corporation has retained professional staff for the formulation and implementation of programs for the enhancement of economic conditions and employment generating opportunities in the City of Dubuque and its environs; and WHEREAS, Dubuque County, Iowa, and private contributors have allocated funds or other resources for the support of Corporation. NOW THEREFORE, the parties hereto agree as follows: Term of Agreement. This Agreement shall be for a term commencing on July 1, 2007 through June 30, 2008. 2. Purpose. It is an expressed purpose of City to maintain an economically viable community by encouraging private sector development, which produces jobs and expands the local tax base. City seeks the assistance of Corporation in being part of a program of coordinated economic development activities which will assure: (a) that local firms having potential to expand shall have sites and other resources available to facilitate such expansion; (b) that other resources shall be developed to aid in the recruitment of business and industry, especially those that offer employment opportunities; and that such other activities as may stimulate private sector employment expansion shall be undertaken. 3. Scope of Services. Corporation shall: a) Secure the financial resources necessary to fund an organization and activities that will achieve measurable outcomes regarding workforce, population, wages, and commercial construction within afive-year period; b) Continue Greater Dubuque's model business and retention program, InfoAction, to identify and assess the needs of existing employers; c) Increase the one-on-one InfoAction interviews to 200 contacts per year; d) Assist employers with the challenges and opportunities; e) Provide customized proposals and information when opportunities are identified through InfoAction interviews; f) Promote the Greater Dubuque area as a Destination for Opportunitytoexlsting employers, growing workforce, and to new employers; g) Manage and promote the use of AccessDubuqueJobs.com to area businesses; h) Develop a structured partnership between Greater Dubuque Development, the Telegraph Herald, Iowa Workforce Development, the Dubuque Area Chamber of Commerce, and regional employers; i) Conduct an annual labor needs assessment with regional employers designed to identify the jobs and skill sets needed in the next ten years; j) Develop a strong partnership with Northeast Iowa Community College, the University of Dubuque, Clarke College, Loras College, and the University of Wisconsin-Platteville that addresses curriculum development and the creation of a model internship program; k) Develop an effective plan for marketing the Greater Dubuque area to a regional and national audience; I) Partner with area organizations to meet common goals; m) Identify and meet with potential business prospects; n) Participate in the development of incentive agreements and in closing negotiations with business; o) Determine the business community's receptivity to the start-up of a Venture Capital/Angel Investor program in conjunction with the Northeast Iowa Business Accelerator; p) Identify the strengths and weaknesses of the Dubuque area and suggest methods for developing a more attractive business climate for prospects; and q) Create 15-20% of new jobs through newly recruited business. 4. Compensation. As compensation for all services rendered under this agreement, City shall pay Corporation $100,000, which payment shall constitute the first of five annual payments of $100,000 each for the Greater Dubuque: Destination for Opportunity Campaign. The compensation shall be paid by City to Corporation within ten (10) days after the execution of this Agreement by both parties and upon receipt by City of a requisition of such sum from Corporation. 2 5. Evaluation and Audit. Inasmuch as the funds are provided to Corporation by City, and are subject to audit and performance evaluation to insure that activities and the expenditures are carried out according to requirements of the Agreement, Corporation will maintain books of account conforming to Generally Accepted Accounting Standards, together with necessary documentation to support all expenditures. The records of Corporation, including payroll accounts and other records of disbursements and receipts, and other records relating to the performance of the activities herein specified, including records of contracts and solicitations of businesses and industries which may otherwise be subject to rules of confidentiality, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, in order to ascertain performance of Corporation under this Agreement. Corporation agrees to retain such records for not less than three (3) years. 7. Reporting and Monitoring. A status report shall be made to the City Council during January and June 2008. Written progress reports 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 on City projects. In addition, Corporation shall provide to City a copy of any studies, documents, or reports which may be produced under the activities described under scope of services, which may be evidence of work performed and which do not otherwise violate the confidentiality of any business or industry contacts that may be developed during the course of this Agreement. Corporation and City agree that the coordination of efforts, particularly at the staff level, is essential to the success of the scope of activities noted above. Therefore, the City Manager and such other of his staff as he may direct shall meet with the Corporation's Executive Director or other Corporation representatives at least once each month to review progress under each of the activities noted above. 8. Discrimination. In carrying out the services underthisAgreement, Corporation shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, disability, sexual orientation, or national origin. Corporation 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, disability, sexual orientation, or national origin. Such actions shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprentice-ship. Corporation shall state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, age, disability, sexual orientation, or national origin. 9. Interest of Member. Officers or Employees of the City of Dubuaue, 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 his such person's tenure, or one year thereafter, shall have any financial interest, direct or indirect, in this Agreement or the proceeds thereof, 3 for work to be performed in connection with the program assisted under this Agreement. 10. Termination of Agreement. If, through any cause, Corporation shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Corporation 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 at least thirty days before the effective date of such termination. Upon termination of this Agreement, Corporation shall return to City all unexpended funds and/or any funds utilized for purposes other than stated in the Agreement. 11. Compliance with Local Laws. Corporation shall comply with all applicable laws, ordinances, and codes of the State of Iowa and the City of Dubuque. 12. Assignability. Corporation shall not assign any interest in this Agreement without the prior written permission of City. 13. Insurance. Corporation shall provide such insurance as required by the insurance schedule attached hereto during the term of this Agreement. CITY OFD BUQUE, IOWA .~,- ,, c-~ ~~, Mayor GREATER DUBUQUE DEVELOPMENT CORPORgTION Rick ickinson, Executive Director -~7 0~ Date 4 WITNESSED: INSURANCE SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A better in the current A.M. Best Rating Guide. 2. All policies of insurance shall be endorsed to provide a thirty (30) day advance notice of cancellation to the City of Dubuque, except for 10 day notice for non-payment, if cancellation is prior to the expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. 3. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such Certificates shall include copies of the following endorsements: a) Commercial General Liability policy is primary and non-contributing. b) Commercial General Liability additional insured endorsement. c) Governmental Immunities Endorsement. shall also be required to provide Certificates of Insurance of all subcontractors and all sub-sub contractors who pertorm work or services pursuant to the provisions of this contract. Said certificates shall meet the same insurance requirements as required of 4. Each certificate shall be submitted to the contracting department of the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. Contractor shall be required to carry the following minimum coverage/limits or greater if required by law or other legal agreement: a) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 INSURANCE SCHEDULE C (Continued) INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE This coverage shall be written on an occurrence form, not claims made form. All deviations or exclusions from the standard ISO commercial general liability form CG 0001 or Business owners BP 0002 shall be clearly identified. Form CG 25 04 03 97 'Designated Location (s) General Aggregate Limit' shall be included. Governmental Immunity endorsement identical or equivalent to form attached. Additional Insured Requirement: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers shall be named as an additional insured on General Liability including "ongoing operations" coverage equivalent to ISO CG 20 10 07 04. b) Automobile $1,000,000 combined single limit. c) WORKERS COMPENSATION ~ EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident $ 100,000 Each Employee Disease $ 100,000 Policy Limit Disease $ 500,000 d) PROFESSIONAL LIABILITY $1,000,000 e) UMBRELLA/EXCESS LIABILITY *Coverage and/or limit of liability to be determined on a case-by-case basis by Finance Director. Completion Checklist ^ Certificate of Liability Insurance (2 pages) ^ Designated Location(s) General Aggregate Limit CG 25 04 03 97 ^ Additional Insured CG 20 10 07 04 ^ Governmental Immunities Endorsement April 2005 .~ PCLICY tiUMBER: :Ch111FitClltit. fiEkERAL L11111{LITY CO ~ 10 O7 04 THIS E1+EDORSEMENr CNA!-I~E5 THE POLICY. PLEASE READ 1T GIkiREfl1Ll.Y. A~DDITtaNAL INSURED - O'W~tERS, LESSEES OR CDN7RACTC)RS - SGHED4,~LED PERSON OR C}RCAN tZ~Tl+~ 'hie ertdanement madifiee insurance provided under the rella~-n¢ ~~dMUAF.~CIAI GENERAL LIA3ILITY COI/F~AGrE; AAR' 5C7~Ot~.E Nanw [N RridUianal Irtwutrd Perann(x} Or Organi~tion(s}: Locaiiontal Ot Cove~rsti Oneratbna Th? Gity cif Dubuque, including all its r1dl;Lrd and aNNrJf n;,ed uffic ial~, all i t~ 31na1U,ygt:5 and volunteers, all its b0ilydtt, ;:tmenissrons .lndjor auttinr}t,ies and their ward rne'rtbers, en~loyetr5 and volunteers. Inter-rsation rr:~irodto ~ompl~ this t3chedute. it lotehtrHn a al. Section fA - YYl'10 is Att Inssurad is aman4ld •aD ~. InCluoe a sn aaatnonel I~aured the person(s) or or~an¢stlcn(a} shown in the trhodule, but anlr rrilh rospsd UD lisbir~y jpr "bo~.y injuHy', "Propsriy dareage' er 'personal and advertiscsg iryu ' catrssd, in whds or tt psrt. ~f: 1. Your act9 or am'rasione~ or 2. The acre a omissi~s of those ealul~ an your oshatl; in tha pa-formanc~r of your ar~oinp opaakorrs for the 1~tlttOrot Inaured(e) at ~^ toea3on(e; daelg- rlatad abo+rE. ~PECmMEN CG 2010 07 0~ wNt YM1Ut rcaPect >o the insurartcs eflorded to ttawe sdeltlansl Inserer]e. 1ria rbl~r~ addl~onal aoeCfKh aims srppitr, Thin htWrinO! dON not appttr to '~oeity injuryt' or 'propertq dsrnage" ooaurn~ eMlsr: 1. Ap work, nchldmQ metentNtR paRS or OOtMp- rueeHt iwniyYwd in cauurtisc4on with sash work, on 1}rc projsc. (a4tter than ssrvioa, rnalnbenenoe .. ar repairs} to be Pfd bt- ar on beinit vt tits aaki~OSa: ine~rad(al at Nta loarrdrxr of the co+nered openltiona hq t!~'t co+aplsMd: or Z. That pnr~art qt "}slur wort[" onrt of which the irgury or datnege stiaes has aa'en Ou. to its Illy lsendsd ass by any Parson or oegsrtizshorr c~her then arorhar corhraclor ar tnrboonttsceor ea 9a9~ ~ P~~ o~ntlons far a p+5nt~s1 as: a pert d the same P~l~ ~ 150 ~roaerwes. Inc.. z0[Y4 Psis t of 1 O April 2005 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Chancre in Polices The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN April 2005 ~--~M CERTIFICATE OF LIABILITY INSURANCE oaiiaizooi' PRODUCER (563) 556-0272 FAX (563) 556-4425 FRIEDMAN INSURANCE INC. 202 FISCHER BLDG. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 759 DUBUQUE, IA 52004-0759 INSURERS AFFORDING COVERAGE NAIC # INSURED Dubuque Area Chamber of Commerce INSURER A: WeStfleld COmpanle5 Greater Dubuque Development Corporation INSURER B: P . 0 . Box 7O5 INSURER C: Dubuque, IA 52004-0705 INSURER D: INSURER E: C(1\/FRA(:FC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CWP3461834 06/01/2007 06/01/2008 EACH OCCURRENCE $ 1, 000 , 00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ lOO, OO CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5 , OO A PERSONAL & ADV INJURY $ I , OOO , OOO GENERAL AGGREGATE $ 1 , OOO , OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 1 , OOO , OO X POLICY PRO LOC JECT AUT OMOBILE LIABILITY CWP3461834 06/01/2007 06/01/2008 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY A SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY CWP3461834 06/01/2007 06/01/2008 EACH OCCURRENCE $ 5 , 000 , 00 X OCCUR ~ CLAIMS MADE AGGREGATE $ 5 , 000 , 00 A $ DEDUCTIBLE $ X RETENTION $ $ WORKERS COMPENSATION AND WCP5386724 06/01/2007 06/01/2008 X WC sTATU- OTH- A EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ lOO , OOO C~~ICc~ ;MEMBER EXCLUDED? E.L. DISEASE - EA EMPLGYE $ lOO , OOO If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 5OO , OOO OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CITY OF DUBUQUE ATTN: JENNIFER CARSON CITY HALL 50 W 13TH STREET DUBUQUE, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL lO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILUR TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF AN _ IND PON THE INSURER, ITS AGEI~$ri R PRQSENTATIVES. AUTHORIZED~FPRESENTAKVE A SCOtt ACORD 25 (2001/08) FAX: 589-4149 ©ACORD CORPORATION 1988 !!i IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If 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 lieu 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)