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POS DALMC Amended POS AgreementTHE CITY OF DUB E Masterpiece on the Mississippi MEMORANDUM July 12, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amended Purchase of Service Agreement - Dubuque Area Labor Management Council During the Fiscal Year 2008 budget process, the Mayor and City Council provided $15,968 for a Purchase of Services Agreement with the Dubuque Area Labor- Management Council. Budget Director Jennifer Larson is recommending execution of the attached amended agreement with the Dubuque Area Labor-Management Council to provide funding for improvement and expansion of labor-management cooperation in the public and private sector in the Dubuque area. I concur with the recommendation and respectfully request Mayor and City Council approval. 2 ~ !~ ~./ H ~ Michael 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 MEMORANDUM Masterpiece on the Mississippi July 9, 2007 TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director ~~ SUBJECT: Amended Purchase of Service Agreement - Dubuque Area Labor- Management Council Attached for City Council approval is the Amended Purchase of Services Agreement with the Dubuque Area Labor-Management Council for the City's financial support for Fiscal Year 2008. The adopted Fiscal Year 2008 operating budget provides a payment of $15,968 to the Dubuque Area Labor-Management Council to provide services related to the maintenance and expansion of a cooperative labor-management resource center, the maintenance of a speakers bureau, publication of a bimonthly newsletter, expansion of educational incentives and outreach, expansion of existing membership, and facilitation of a cooperative effort between labor and management in the City of Dubuque. It is my recommendation that the City Council approves the attached amended purchase of services agreement with the Dubuque Area Labor-Management Council and authorizes the Mayor to execute the contract on behalf of the City. Attachment JML AMENDED AGREEMENT BETWEEN CITY OF DUBUQUE AND DUBUQUE AREA LABOR MANAGEMENT COUNCIL THIS AMENDED 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 Dubuque Area Labor-Management Council (Agency). WHEREAS, Agency represents itself as technically and professionally qualified to provide a forum to improve and expand labor-management cooperation in the public and private sector within the Dubuque area; and WHEREAS, City has deemed it to be in the public interest to provide financial assistance to be used to cover general operating expenses of Agency's program. NOW THEREFORE, the parties hereto agree as follows: Scope of Service Agency shall provide within the City of Dubuque services related to: a. the maintenance and expansion of a cooperative labor-management resource center; b. the maintenance of a speakers bureau; c. publication of a bimonthly newsletter; d. expansion of educational incentives and outreach; e. expansion of existing membership; f. and facilitation of a cooperative effort between labor and management in the city of Dubuque. 2. Time of Performance The term of this Agreement shall be from July 1, 2007 through June 30, 2008. 3. Compensation City shall pay Agency $15,968, 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 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 Agency. 4. Discrimination In carrying 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 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, creed, color, sex, age, national origin, religion, 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 assures that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, or disability. Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall on the grounds of race, color, religion, sex, national origin, age, sexual orientation, or disability 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. 5. Termination of Agreement This agreement may be terminated by either party by giving the other party a written, ninety (90) day notice of such termination or upon such other terms as may be mutually acceptable. If, through any cause, Agency shall fail to fulfill in a 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 have the right to terminate this Agreement by giving written notice to Agency of such termination at least five (5) days before the effective date of such termination. 6. Assn ng ability Agency shall not assign any interest in this Agreement without the prior written approval of City. 7. 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. 2 WITNESSED: ~ ~~~ Jeanne F. Schneider, City Clerk ~ !~ C Date CITY OF H~Q ~; ,1 ~. Roy D,. ol, Mayor DUBUQUE AREA LABOR- MANAGEMENT COUNCIL Chuck Isenhart, Executive Director -14-~r~a ~ 1 ~ : ~7 FROf'1: T~:5g94149 F. 1 ~~~~RD,M CERTIFICATE OF LIABILITY INSURANCE oaio3%ioai' r~ER (563) 556-0272 FAX (563) SS6-4425 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION r~edman Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8~4 Locust Street -Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 Box 759 Dubuque, IA 52004-0759 INSURERS AFFORDING COVERAGE NAlC # INSURED Dubuque Area Labor Management Council Inc INSURER A: Cincinnati Insurance Companies 10677 P 0 Box 14 INSUneRB: Cincinnati Casualty Company 28665 Dubuque , IA 52004-0014 INSURER C' INSURER D: INSURER E 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 CONTRACTOR OTHER DOCUMENT WITH RESPEGT 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 DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIQN LIMITS GENERAL LIABILITY BOP2098941 12~12~2006 ~ 1212/2007 EACH OCCURRENCE 3 ], r QOO r OO X COMMERCIAL GENERAL LIABILITY QAMA~E TO RENTED $ 50 00 ^~ CLAIMS MADE a OCCUR MED EXP (Any one person) _ $ 5 r OO A X PERSONAL d ADV INJURY $ 1 r QOO OO ' GENERAL AGGREGATE $ Z r QQQ UO gEN'L AOOREflATE LIMIT APPLIES PER: PRODUCTS - COMPlOP AGG $ 1 r OOO , OQO POLICY PRO- JECT LOC AUTOMOBILE LIABILITY ~- ANVAUTO COMBINED SINGLE LIMIT (Eeelxttlent) $ ALL OWNED AUTOS BODILY INJURY S SCHEOULEDAUTOS (POr11etSOnj HIRED AUTOS t i 1 BODILY INJURY § NON-OWNED AUTOS (por accident) PROPERTY DAMAGE S (Per Iccident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S _ ANV AUTO OTHER THAN EA A(.C 5 AVTO ONLY: AGG S ExCESS/UMBRELLA uABILm EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE S 3 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC210819100 12 f 122006 12~12~2007 X V1C STATU- OTH• BY LIMtT - EMPLOYERS' LIABILITY . E.L. EACH ACCIDENT S lOO , OO B ANV FROPRIETORlPARTNER/EXECUTIVE OFFICERiMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE S 10O , OO II es, describe under SPECIAL PROVISIONS below E.L. DISEASE • POLICY LIMIT S 50O OO OTHER DESCRIPTION OFOPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECIA PROVISIONS ity of Dubuque is listed as an Additional Insured on the a~ove General Liability. 007 Summerfest. CITY OF DUBUQUE CITY HALL 50 W 13TH STREET DUBUQUE, IA 5zoo1 ,ti~i+n nn nAl~An~wT1A*f 1~OC 5HOUL0 ANY OF THE ABOVE DESCRIBED POLICIES 0E CANCELLED BEFORE THE EXPIRATION OATS THEREDF, THE ISSUIN13 INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRfTTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OA LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTNORIZEDREPRESENTATIVE wi A /~ /J Acveyu za (zuuuva~