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HomeMy WebLinkAboutMain Street Waterloo-7/14/201411■�rN, COMMUNITY PLANNING AND DEVELOPMENT RIti� 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 CITY OF WATERLOO, IOWA CITY OF WATERLOO Council Communication City Council Meeting: July 14, 2014 Prepared: July 9, 2014 Dept. Head Signature: Noel Anderson, Community anning & Development Director # of Attachments: 1 SUBJECT: Resolution approving professional service agreement with Main Street Waterloo, for 1 year (FY 15) for $40,000. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: We ask that the City Council take the necessary action to approve the agreement. Summary Statement: As you may be aware, the City of Waterloo has had a professional service agreement with Main Street Waterloo for a number of years to prioritize downtown development, activities, events, and the coordination towards progression and revitalization of our city core. The agreement provides for Main Street to provide the following services: - Coordinate efforts to attract office, retail and housing developers to commit to developments downtown. - Coordinate the efforts of numerous Government agencies and Government programs downtown. - Coordinate a comprehensive streetscape program, including storefront rehabilitation, signage program and public improvements. - Coordinate a program of economic restructuring including the conversion of upper floors for housing and offices. - Devise and implement a retail and commercial marketing program in conjunction with existing and proposed downtown property owners and developers. - Coordinate, advise and implement a program on downtown property acquisition and investment. Coordinate a program which generates an inflow of money through positive investments, development, renovation and rehabilitation and donations. Implement a local and national public relations program. Coordinate, advise and assist with the Downtown Urban Renewal Plan. Implement the Waterloo Main Street Program The past agreement (FY 13 and FY 14) was for $40,000 per year. Expenditure Required: $40,000 Source of Funds: Downtown bonds and TIF cash Policy Issue: Economic. Development CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer AMENDED PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this /7' day of , 2014, by and between Main Street Waterloo, whose address for the purposes of this agreement shall be 212 East 4th Street, Waterloo, Iowa 50703 (referred to as the "Client"), and the City of Waterloo (referred to as the "City"). WHEREAS, City desires to engage the services of Client to furnish technical and professional assistance in connection with the redevelopment of downtown Waterloo and including, but not limited to, implementing the "Downtown Urban Renewal Plan"; and the Client has indicated its willingness to provide such technical and professional services to the City. NOW, THEREFORE, the parties mutually agree as follows: A. Scope of Client Services The Client agrees to perform in a good professional manner the "services outlined in Attachment "A"; a copy of which is attached and made a part of this Agreement. B. Materials to be Provided by the City In the event that any information, data, reports, records and maps exist, are available to the City, and may be useful for Client's carrying out the services of the Agreement, these materials shall be promptly furnished to the Client without its cost or expense. C. Meetings and Reports Upon reasonable notice, the client agrees to attend a reasonable number of meetings with the City of Waterloo, and staff during the life of the Agreement. In addition, the Client will produce reports, studies and memorandums in connection with carrying out the services outlined in the Agreement with the City. D. Subcontractors Client may elect to use subcontractors to perform certain portions of the services. Client shall remain responsible for all services. E. Changes Any changes in this Agreement, including Scope of client Services and any modification of the amount of compensation, shall be first mutually agreed upon by City and incorporated into a written amendment. Page Two Professional Services Agreement F. Compensation and Payment Method For services to be rendered under this Agreement, the City shall pay Client's fee of $40,000 from TIF revenue during the City's Fiscal year 2015, which commences July 1, 2014 and runs through June 30, 2015. Payments shall be made on or by July 31 in the amount of $20,000 and by Jan 31 in the amount of $20,000 of the respective year(s) in which said payment is due upon presentation of an invoice by client. G. Time of Performance and Delays beyond Client's Control The services of the Client shall begin upon receipt of an executed copy of this Agreement, and shall, except for causes beyond Client's control, be completed in a timely manner. The completion of services by client shall be contingent, among other things, upon the timely receipt from the City, data and reports described in Paragraph B above. Further, the Client shall not be in default by reason of any failure in terms, if such failure arises out of reasonable causes beyond the control and without the fault or, negligence of the Client. Such causes may include, but are not limited to, acts of government in either its sovereign capacity, fires, floods, epidemics, strikes and unusually severe weather. H. Non-discrimination Client agrees not to discriminate by reason of age, race, religion, color, sex, natural origin, or handicap unrelated to the duties of a position of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. Extra Work If requested and authorized in writing by the City and approved by Client, Client will be available to furnish or obtain from others extra work and be compensated for said work beyond the lump sum amount fixed in Paragraph F above. Extra work can be work of the following type: 1. Extra Work due to changes in the general scope of the study, including, but not limited to changes in size, complexity, or character of the work items. Page Three Professional Services Agreement 2. Additional or extended services including study administration due to: a) the prolongation of the Agreement time through no fault of Client b) the acceleration of work schedule involving services beyond normal working hours; or c) nondelivery of any materials, data or other information to be furnished by the City or others not within the control of Client 3. Other additional services requested and authorized by the City which are not otherwise provided for under this Agreement. The fee for any extra work shall be mutually determined by the City and the client and incorporated in written signed amendment to the Agreement. J. Notices All notices, communication and/or demands given pursuant hereto shall be in writing and shall be deemed sufficient if sent by certified mail, return receipt requested, addressed as set forth in the first paragraph hereto. The date of mailing shall be deemed the date of service. Either party may change the address for notice by the aforesaid procedure. K. Entire Agreement This agreement and the matter expressly referred to herein constitute the entire Agreement between the parties. No representations, warranties, undertakings or promises have been made by either, party hereto unless expressly stated herein. All amendments hereto, if any, shall be in writing and executed by the parties. Page Four Professional Services Agreement IN WITNESS WHEREOF, Client and City have executed and delivered this Agreement all on the date first above written. CLIENT CITY MAIN STREET WATERLOO CITY OF WATERLOO By: By: President Witness: Date: Ernest G. Clark, Mayor ATTACHMENT "A" Scope of Client Services A. Coordinate efforts to attract office, retail and housing developers to commit to developments downtown. B. Coordinate the efforts of numerous Government agencies and Government programs downtown. C. Coordinate a comprehensive streetscape program, including storefront rehabilitation, signage program and public improvements. D. Coordinate a program of economic restructuring including the conversion of upper floors for housing and offices. E. Devise and implement a retail and commercial marketing program in conjunction with existing and proposed downtown property owners and developers. F. Coordinate, advise and implement a program on downtown property acquisition and investment. G. Coordinate a program which generates an inflow of money through positive investments, development, renovation and rehabilitation and donations. H. Implement a local and national public relations program. I. Coordinate, advise and assist with the Downtown Urban Renewal Plan. J. Implement the Waterloo Main Street Program.