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America's River CorporationAGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND AMERICA'S RIVER CORPORATION THIS AGREEMENT, dated for reference purposes the 1st day of July, 2012, is made and entered into by and between the City of Dubuque, Iowa (City) and America's River Corporation (Agency). WHEREAS, City desires to engage the service of Agency to provide and implement a Port of Dubuque development program of which the City is a financial partner upon the terms and conditions set forth herein ; and WHEREAS, Agency is willing to provide such services to City upon the terms and conditions set forth herein. NOW THEREFORE, the parties hereto agree as follows: 1. Scope of Service Agency shall: (a) provide educational services related to the Mississippi River; (b) develop and conduct marketing and promotion of the Port of Dubuque to enhance awareness of the district's assets; (c) develop and coordinate special events located at the Port of Dubuque; (d) assist City in the economic development of the Port of Dubuque; (e) work with appropriate public agencies at the local, state and federal levels to obtain necessary funding for Port of Dubuque development projects; (f) include City elected officials as part of the opening /welcoming ceremony for events sponsored by America's River Corporation and invite City elected officials to such events, including receptions, etc.; and (g) City Council goals and priorities are attached hereto as Exhibit A. 2. Time of Performance The term of this Agreement shall be from July 1, 2012 through June 30, 2013. 3. Compensation City shall pay Agency $10,000 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 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 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. 5. Reporting and Monitoring Agency shall render to the City Manager a monthly written report detailing its activities related to the use of City funds provided to Agency. Such report shall include a performance report on the program(s) supported by City funds and a financial report on the use of City funds, which shall be rendered no later than the fourth Thursday of the succeeding month. A written annual report shall be submitted to the City Council within sixty (60) days of year end. The annual report shall include a performance report on the program(s) supported by City funds and a financial report on the use of City funds. If Agency has an annual audit performed, Agency shall provide City a copy of the annual audit report. 6. 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; 2 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, gender identity or disability. 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, nor 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, color, creed, religion, sex, national origin, age, sexual orientation, or disability. 7. 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. 8. Assignability Agency shall not assign any interest in this Agreement without the prior written approval of City. 9. 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 with limits and coverage to the satisfaction of City for the term of this Agreement. 3 CITY OF DUBUQUE, IOWA AMERICA'S RIVER CORPORATION Roy D. ftliol, Mayor MollyGrovet, PreSident' Witness: • Kevin Firnstahl, City Clerk 4 Attachment A The following are the official Vision & Mission Statements, Five Year City and Community Goals, Top & High Priorities for the City of Dubuque as well as the Management Plan and Major Projects as adopted by the Dubuque City Council at their annual goal- setting session August24 — 25, 2011. The Dubuque 2026 Vision Statement The city of Dubuque is a progressive, sustainable city with a strong diversified economy and expanding global connections; the Dubuque community is an inclusive community celebrating culture and heritage and has actively preserved our Masterpiece on the Mississippi; Dubuque citizens experience healthy living and active retirement through quality, livable neighborhoods and an abundance of fun things to do and they are engaged in the community, achieving goals through partnerships; and Dubuque City government is financially sound and providing services with citizens getting value for their tax dollars. Mission Statement The City's mission is to deliver excellent municipal services that support urban living, and contribute to a sustainable city. The City plans for the community's future, and facilitates access to critical human services. The result is a financially sound city government and citizens getting services and value for their tax dollar. Five -Year City Goals • Planned and managed growth • Partnering for a better Dubuque • Improved connectivity — transportation and telecommunications Five -Year Community Goals for a Sustainable Dubuque • Economic Prosperity • Social /Cultural Vibrancy • Environmental Integrity 5 2011 - 2013 Top Priorities: 1) 9 -1 -1 Center Relocation Analysis 2) Arts and Culture Strategy City Council Community Goal it is under Social Cultural Vibrancy Objectives for Social Cultural Vibrancy • Increase the mutual understanding, acceptance and tolerance among all regardless of their ethnic background or life style • Increase the level of social tolerance and reduce the level of fear of others different than me • Continue to become an inclusive community in which all feel welcome and included • Increase resident interaction using vehicles like clean up campaigns, neighborhood picnics, new neighbor welcoming events, and other strategies developed by residents • Celebrate the cultural traditions and heritage • Become a regional hub for arts and culture • Have an efficient public health system that focuses on prevention and wellness • Work with viable not - for - profit partners Community Foundation, Multicultural Family Center Board, Hispanic Ministry, DACU, Neighborhood Organizations and others for Social /Cultural Vibrancy Means to Residents (outcomes) • Everyone is welcome in the Dubuque community • Living life without fear or threats • Equal treatment for all by City staff • City services are available for all and delivered in an equitable and fair manner • City workforce reflecting the diversity of the community 3) Clean Air Attainment Strategy City Council Community Goal it is under Environmental /Ecological Integrity Objectives for Environmental /Ecological Integrity • Become a smarter city using sustainable technology for water, energy, transportation, health and wellness — a model community for the world • Reduce the potential flooding through protection • Reduce the community's carbon footprint • Improve the air quality — avoiding nonattainment • Reduce energy consumption and increase the use of alternative energy sources • Preserve Dubuque's natural and historic resources Means to Residents (outcomes) • Protecting the natural and historic resources and environment of Dubuque • City government using sustainable practice in daily operations • Healthy living environments homes, neighborhoods and community • Clean water and air • Preserve natural resources • Opportunity for a healthy life style including local food products 6 4) Historic Millwork District Master Plan City Council Community Goal it is under Planned and Managed Growth Objectives for Planned and Managed Growth • Complete the Historic Millwork District as a thriving mixed use development with residential, retail /office, entertainment— a model for developers and other cities • Have safe, healthy neighborhoods citywide and homes with a variety of housing options • Have a thriving Downtown with professional offices, retail, residential and entertainment • Continue strong vibrant 24/7 residential /central business core (Main Street Service Area Downtown and Warehouse District) — including residential opportunities • Annex areas consistent with the annexation policy, including City services to annexed area • More beautiful, visually appealing city with attractive gateways, corridors, neighborhoods, homes and businesses • Develop Washington Neighborhood as a model for other neighborhoods Objectives from Social /Cultural Vibrancy Goal • Increase the mutual understanding, acceptance and tolerance among all regardless of their ethnic background or lifestyle • Increase the level of social tolerance and reduce the level of fear of others different than me • Continue to become an inclusive community in which all feel welcome and included Means to Residents (outcomes) • Stable property taxes for residents and businesses • More job opportunities for all skill levels • Choice of livable neighborhoods • Opportunities for our children to stay in Dubuque • Predictable future development • Quality services to residents in annexed area 5) Southwest Arterial Project City Council Community Goal it is under Improved Connectivity Transportation and Telecommunications Objectives for Transportation and Telecommunications • Increase and sustain commercial air service, including additional provider(s) and hub(s) • Have the ability to drive the Southwest Arterial (Iowa Highway 32) • Develop a new model for public transit with high ridership by choice (working with ECIA) • Develop passenger rail service to Chicago • Develop an up -to -date, modern air terminal that appeals to air travelers • Improve traffic flow throughout the City — East -West Corridors, roundabouts, light synchronization • Use "Complete Streets Concepts" Means to Residents (outcomes) • Reduced traffic congestion and improved traffic flow 7 • Better conditions of streets, eliminated obstructions, and improved visibility • Commuting through telecommunications • Greater economic opportunities • Air access to multiple hubs 6) Support of Greater Dubuque Development Corporation City Council Community Goal it is under Economic Prosperity Objectives for Economic Prosperity • Diversify the regional Dubuque economy • Retain, expand and grow local businesses, attract new businesses and to provide a more diverse tax base and job opportunities • Have the infrastructure and amenities to support economic development and growth industrial /business parks, streets and utility services, air service and housing • Have a workforce prepared for 21st century jobs • Have employment opportunities for persons of all skill and education levels • Have top quality life options and job opportunities for all residents • Work with viable not - for - profit partners Greater Dubuque Development Corporation, Dubuque Initiatives, Washington Neighborhood Development Corporation, Main Street and others for economic prosperity Objective from Social /Cultural Vibrancy goal • Continue to become an inclusive community in which all feel welcome and included Means to Residents (outcomes) • High speed, reliable and economical telecommunications • Young professionals want to live here • Our children want to return to raise their families • More retail, service and entertainment opportunities — keeping dollars in Dubuque • Insulation from economic cycles through diverse businesses 7) Washington Neighborhood Strategy City Council Community Goal it is under Planned and Managed Growth Objectives for Planned and Managed Growth • Complete the Historic Millwork District as a thriving mixed use development with residential, retail /office, entertainment— a model for developers and other cities • Have safe, healthy neighborhoods citywide and homes with a variety of housing options • Have a thriving Downtown with professional offices, retail, residential and entertainment • Continue strong vibrant 24/7 residential /central business core (Main Street Service Area Downtown and Warehouse District) — including residential opportunities • Annex areas consistent with the annexation policy, including City services to annexed area • More beautiful, visually appealing city with attractive gateways, corridors, neighborhoods, homes and businesses • Develop Washington Neighborhood as a model for other neighborhoods 8 Objectives from Social /Cultural Vibrancy Goal • Increase the mutual understanding, acceptance and tolerance among all regardless of their ethnic background or lifestyle • Increase the level of social tolerance and reduce the level of fear of others different than me • Continue to become an inclusive community in which all feel welcome and included Means to Residents (outcomes) • Stable property taxes for residents and businesses • More job opportunities for all skill levels • Choice of livable neighborhoods • Opportunities for our children to stay in Dubuque • Predictable future development • Quality services to residents in annexed area 2011 - 2013 High Priorities: 8) Annexation Study City Council Community Goal it is under Planned and Managed Growth Objectives for Planned and Managed Growth • Complete the Historic Millwork District as a thriving mixed use development with residential, retail /office, entertainment— a model for developers and other cities • Have safe, healthy neighborhoods citywide and homes with a variety of housing options • Have a thriving Downtown with professional offices, retail, residential and entertainment • Continue strong vibrant 24/7 residential /central business core (Main Street Service Area Downtown and Warehouse District) — including residential opportunities • Annex areas consistent with the annexation policy, including City services to annexed area • More beautiful, visually appealing city with attractive gateways, corridors, neighborhoods, homes and businesses • Develop Washington Neighborhood as a model for other neighborhoods Means to Residents (outcomes) • Stable property taxes for residents and businesses • More job opportunities for all skill levels • Choice of livable neighborhoods • Opportunities for our children to stay in Dubuque • Predictable future development • Quality services to residents in annexed area 9) Every Child I Every Promise City Council Community Goal it is under Partnering for a Better Dubuque Objectives for Partnering for a Better Dubuque • Federal and State lobbying and advocacy for Dubuque 9 • Partner for economic and workforce development • Partner with education • Partner for culture and arts • Partner for support of families and children • Partner for housing opportunities • Partner for healthcare and wellness • Partner for historic preservation • Partner for delivery of human services — meeting the needs of the underserved • Partner with faith -based organizations • Partner for sustainability • Maintain and enhance private - public partnerships with common goals and commitments to shared resources that benefit the Dubuque community • Increase resident engagement in the City's governance processes Objectives from Social /Cultural Vibrancy Goal • Increase the mutual understanding, acceptance and tolerance among all regardless of their ethnic background or lifestyle • Increase the level of social tolerance and reduce the level of fear of others different than me • Continue to become an inclusive community in which all feel welcome and included Means to Residents (outcomes) • Bigger "bang" for tax dollars • Enhanced economic development opportunities • More ownership of end products — people involved in the process, and support outcomes • Better access and use of facilities • Protection of your interests 10) Master Plan for Chaplain Schmitt Island City Council Community Goal it is under Economic Prosperity Objectives for Economic Prosperity • Diversify the regional Dubuque economy • Retain, expand and grow local businesses, attract new businesses and to provide a more diverse tax base and job opportunities • Have the infrastructure and amenities to support economic development and growth industrial /business parks, streets and utility services, air service and housing • Have a workforce prepared for 21st century jobs • Have employment opportunities for persons of all skill and education levels • Have top quality life options and job opportunities for all residents • Work with viable not - for - profit partners Greater Dubuque Development Corporation, Dubuque Initiatives, Washington Neighborhood Development Corporation, Main Street and others for economic prosperity Means to Residents (outcomes) • High speed, reliable and economical telecommunications • Young professionals want to live here • Our children want to return to raise their families 10 • More retail, service and entertainment opportunities — keeping dollars in Dubuque • Insulation from economic cycles through diverse businesses 11) Multicultural Family Center Support City Council Community Goal it is under Partnering for a Better Dubuque Objectives for Partnering for a Better Dubuque • Federal and State lobbying and advocacy for Dubuque • Partner for economic and workforce development • Partner with education • Partner for culture and arts • Partner for support of families and children • Partner for housing opportunities • Partner for healthcare and wellness • Partner for historic preservation • Partner for delivery of human services — meeting the needs of the underserved • Partner with faith -based organizations • Partner for sustainability • Maintain and enhance private - public partnerships with common goals and commitments to shared resources that benefit the Dubuque community • Increase resident engagement in the City's governance processes Objectives from Social /Cultural Vibrancy Goal • Increase the mutual understanding, acceptance and tolerance among all regardless of their ethnic background or lifestyle • Increase the level of social tolerance and reduce the level of fear of others different than me • Continue to become an inclusive community in which all feel welcome and included Means to Residents (outcomes) • Bigger "bang" for tax dollars • Enhanced economic development opportunities • More ownership of end products — people involved in the process, and support outcomes • Better access and use of facilities • Protection of your interests 12) New Industrial Park Location and Action Plan City Council Community Goal it is under Economic Prosperity Objectives for Economic Prosperity • Diversify the regional Dubuque economy • Retain, expand and grow local businesses, attract new businesses and to provide a more diverse tax base and job opportunities • Have the infrastructure and amenities to support economic development and growth industrial /business parks, streets and utility services, air service and housing • Have a workforce prepared for 21st century jobs • Have employment opportunities for persons of all skill and education levels • Have top quality life options and job opportunities for all residents 11 • Work with viable not - for - profit partners Greater Dubuque Development Corporation, Dubuque Initiatives, Washington Neighborhood Development Corporation, Main Street and others for economic prosperity Means to Residents (outcomes) • High speed, reliable and economical telecommunications • Young professionals want to live here • Our children want to return to raise their families • More retail, service and entertainment opportunities — keeping dollars in Dubuque • Insulation from economic cycles through diverse businesses 13) Red Light and Speed Enforcement Cameras City Council Community Goal it is under Improved Connectivity Transportation and Telecommunications Objectives for Improved Connectivity Transportation and Telecommunications • Increase and sustain commercial air service, including additional provider(s) and hub(s) • Have the ability to drive the Southwest Arterial (Iowa Highway 32) • Develop a new model for public transit with high ridership by choice (working with ECIA) • Develop passenger rail service to Chicago • Develop an up -to -date, modern air terminal that appeals to air travelers • Improve traffic flow throughout the City — East -West Corridors, roundabouts, light synchronization • Use "Complete Streets Concepts" Means to Residents (outcomes) • Reduced traffic congestion and improved traffic flow • Better conditions of streets, eliminated obstructions, and improved visibility • Commuting through telecommunications • Greater economic opportunities • Air access to multiple hubs 14) Safe Community Initiative City Council Community Goal it is under Social Cultural Vibrancy Objectives for Social Cultural Vibrancy • Increase the mutual understanding, acceptance and tolerance among all regardless of their ethnic background or life style • Increase the level of social tolerance and reduce the level of fear of others different than me • Continue to become an inclusive community in which all feel welcome and included • Increase resident interaction using vehicles like clean up campaigns, neighborhood picnics, new neighbor welcoming events, and other strategies developed by residents • Celebrate the cultural traditions and heritage • Become a regional hub for arts and culture • Have an efficient public health system that focuses on prevention and wellness 12 • Work with viable not - for - profit partners Community Foundation, Multicultural Family Center Board, Hispanic Ministry, DACU, Neighborhood Organizations and others for Social /Cultural Vibrancy Means to Residents (outcomes) • Everyone is welcome in the Dubuque community • Living life without fear or threats • Equal treatment for all by City staff • City services are available for all and delivered in an equitable and fair manner • City workforce reflecting the diversity if the community 15) Street Improvement Program City Council Community Goal it is under Improved Connectivity Transportation and Telecommunications Objectives for Improved Connectivity Transportation and Telecommunications • Increase and sustain commercial air service, including additional provider(s) and hub(s) • Have the ability to drive the Southwest Arterial (Iowa Highway 32) • Develop a new model for public transit with high ridership by choice (working with ECIA) • Develop passenger rail service to Chicago • Develop an up -to -date, modern air terminal that appeals to air travelers • Improve traffic flow throughout the City — East -West Corridors, roundabouts, light synchronization • Use "Complete Streets Concepts" Means to Residents (outcomes) • Reduced traffic congestion and improved traffic flow • Better conditions of streets, eliminated obstructions, and improved visibility • Commuting through telecommunications • Greater economic opportunities • Air access to multiple hubs 2011 - 2013 Management Agenda: ECONOMIC PROSPERITY GOAL • Industrial Riverfront Leases Agreements • Arts and Economic Prosperity Study Economic Impact of the Arts Evaluation • Local Arts Index Study Completion • Dubuque Initiatives Loans Status, Next Steps • Green Jobs Training Program Support • Workforce Market -Rate Housing Strategy City Actions • Baseball attraction study 13 ENVIRONMENTAL/ECOLOGICAL INTEGRITY GOAL • Sustainability purchasing policy and procedures • Air Quality Study Phase I I • Energy Efficiency Conservation Block Grant Implementation • AVL for City fleet • AVL for transit • Grand River Center Smart Electric Meters Project Completion • University of Iowa Initiative for Sustainable Communities 5 Projects • Green Team Work Plan Implementation • Sustainability Curriculum in the School System (Green Vision Program) • City Operations Sustainability Performance Measures Development • Green and Healthy Homes Program Lead Hazard Control, Health Homes Program • Library LEED -ED Certification First Library on National Register of Historic Places • Unified Development Code Amendments FEMA Floodplain Maps, Sustainable Design Standards and Incentives • DMASWA Landfill Methane End Use Study, Next Generation of Cells, Compost Quality and Quantity, New Waste Delivery Contracts • E B Lyons Development • Renewable Energy Assets University of Iowa Study • Dubuque Regional Smart Plan Development SOCIAL /CULTURAL VIBRANCY GOAL • Intercultural Competency Program within City Government Self - Assessment testing and Training • Police Explorer Program Support • Human Relations Initiative Strategy and Actions • Police /Race Dialogue Program • ADA Compliance Implementation, Actions • Sustainable Dubuque Indicators (SDI) Software Tool Direction and Funding PLANNED AND MANAGED GROWTH GOAL • Inflow & Infiltration Program /Home Inspections and EPA Consent Decree Implementation • SUDAS City Engineering Standards Update • Green and Healthy Homes Program Implementation • Food Inspections MOU /Agreement with Iowa Department of Health • Surveillance and Security Camera Strategy for City Facilities Design, Funding, Implementation • Leasing Policy for Iowa Street/Locust Street Ramp Direction • City Comprehensive Plan Update • Census County Question Resolution Challenge to Census Data 14 PARTNERSHIP FOR A BETTER DUBUQUE GOAL • Parks - schools Joint Projects and Services Collaboration Middle School Facility • Sister City Program • All America City Award Application • Pet park Concept Plan, Direction • Veterans Memorials (Marshall Park, Miller- Riverview Park, Chaplain Schmitt Island) Evaluation, Direction • Handicapped Accessibility for Parks and Park Assets Evaluation, Direction • Out -of- School Time Needs Assessment, Partnerships (21st Century Grant) • AmenCorps Program Training, Volunteer Reception Center, Mock Drill for Disaster, Sustainability in Learning Programs • Bridges Out of Poverty Program City Support IMPROVED CONNECTIVITY: TRANSPORTATION AND TELECOMMUNICATIONS • Smart Transportation Program • Historic White Water Creek Bridge Project Relocated and Rehabilitation • Dubuque History Trail Route and Brochure • East/West Corridor Study Completion • Bike and Hike Trail Development a Catfish Creek Trail Feasibility Study Completion b Northwest Arterial Trail #2 and #3 • GIS /aALP (electronic airport layout plan) Pilot Study Implementation • Airport Safety Management System (SMS) Pilot Program Implementation • Transit Routes for Colleges Routes Grant Funding • Trolley Upgrades Grant Funding • The Jule Marketing (Ridership by Choice) OTHER CITY ACTIONS: • Quarterly Budget Monitoring Process Implementation • Performance Measures Implementation • Budget and Financial Report Rewrite • Website Content Management (CivicPlus) • Citizen Response Management System (WebQA) • Banking Services and Financial Advisory Services Decisions • 900 Mhz Data System Expansion • Employee Wellness Program Five -Year Goals, City Internet Posting Funding • Employee Involvement Teams Expansion Policy Changes, Funding • Healthcare Cost Containment Modified Prescription Drugs Program, Agreement with Hospitals • Police Officer Recruitment and Retention Actions • Police Accreditation Completion 15 Major Projects: ECONOMIC PROSPERITY GOAL • Riverfront Marina/Transient Boat Dock Project Completion • South Siegert Farm Industrial Park Design, Road Construction ENVIRONMENTAL /ECOLOGICAL INTEGRITY • City Hall Cooling System Project Design & Construction • Crescent Health Center /18th Street Building Renovation PLANNED AND MANAGED GROWTH GOAL • Bee Branch Creek Restoration Project Lower Branch Construction, Upper Branch Design, Land Acquisition, Funding • Water and Resource Recovery Plant Project • Sunset Ridge Sanitary Sewer Extension Project Construction • Catfish Creek Watershed Management Plan Development IMPROVED CONNECTIVITY: TRANSPORTATION AND TELECOMMUNICATIONS • Airport Terminal Complex Project Design, Site Work, Construction, U S 61 Intersection (IDOT Project) • Central Avenue Resurfacing Project (Joint City /IDOT) • Bus Fleet Replacement Program Completion 1 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND AMERICA'S RIVER CORPORATION THIS AGREEMENT, dated for reference purposes the 1st day of July, 2012, is made and entered into by and between the City of Dubuque, Iowa (City) and America's River Corporation (Agency) WHEREAS, City desires to engage the service of Agency to provide and implement a Port of Dubuque development program of which the City is a financial partner upon the terms and conditions set forth herein , and WHEREAS, Agency is willing to provide such services to City upon the terms and conditions set forth herein NOW THEREFORE, the parties hereto agree as follows 1 Scope of Service Agency shall (a) provide educational services related to the Mississippi River, (b) develop and conduct marketing and promotion of the Port of Dubuque to enhance awareness of the district's assets, (c) develop and coordinate special events located at the Port of Dubuque, (d) assist City in the economic development of the Port of Dubuque, (e) work with appropriate public agencies at the local, state and federal levels to obtain necessary funding for Port of Dubuque development projects, (f) include City elected officials as part of the opening /welcoming ceremony for events sponsored by America's River Corporation and invite City elected officials to such events, including receptions, etc , and (g) City Council goals and priorities are attached hereto as Exhibit A 2 Time of Performance The term of this Agreement shall be from July 1, 2012 through June 30, 2013 1 iFormatted: Font: 14 pt 1 3 Compensation City shall pay Agency $10,000 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 upon receipt by City of a requisition for such sum from Agency 4 Audit and Evaluation •- - - Formatted: Indent: Hanging: 0.5" 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 5 Reporting and Monitoring t- - { Formatted: Indent: Hanging: 0.5" Agency shall render to the City Manager a monthly written report detailing its activities related to the use of City funds provided to Agency Such report shall include a performance report on the program(s) supported by City funds and a financial report on the use of City funds, which shall be rendered no later than the fourth Thursday of the succeeding month A written annual report shall be submitted to the City Council within sixty (60) days of year end The annual report shall include a performance report on the programs) supported by City funds and a financial report on the use of City funds If Agency has an annual audit performed, Agency shall provide City a copy of the annual audit report 46 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, 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, 2 I 57 color, sex, age, national origin, religion, sexual orientation, gender identity or disability 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, nor 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, color, creed, religion, sex, national origin, age, sexual orientation, or disability 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 This agreement may be terminated by either party by giving thc other party o written, ninety (90) day notice of such termination or upon such other terms as may be mutually agrc able If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under thie Agreement or if Agency ehall violate any of thc covcnante, this Agreement by giving written notice to Agency of such termination not less than five (5) days before the effective date of such termination 48 Assignability Agency shall not assign any interest in this Agreement without the prior written approval of City 3 9 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 with limits and coverage to the satisfaction of City for the term of this Agreement CITY OF DUBUQUE, IOWA AMERICA'S RIVER CORPORATION Roy D Buol, Mayor Molly Grover, President Witness Kevin Firnstahl, City Clerk 4