America's River Corporation Contracted Services Agreement Amendment Copyright 2014
City of Dubuque Consent Items # 11.
ITEM TITLE: America's River Corporation Contracted Services Agreement Amendment
SUMMARY: City Manager recommending execution of the attached contract with
America's River Corporation for Fiscal Year 2016.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Agreement Supporting Documentation
THE CITY OF Dubuque
DBgkEmerica CiryUr
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Contracted Services Agreement —
America's River Corporation
DATE: September 11, 2015
During the Fiscal Year 2016 budget process, the Mayor and City Council provided
$10,000 for the Contracted Services Agreement with America's River Corporation.
Budget Director Jennifer Larson is recommending execution of the attached contract
with America's River Corporation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
A)
Mich el C. Van Milligen
MCVM/jml
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maurice Jones, Economic Development Director
Jenny Larson, Budget Director
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: Michael C. Van Milligen, City Manager
FROM: Jennifer Larson, Budget Director
SUBJECT: Contracted Services Agreement —
America's River Corporation
DATE: September 11, 2015
Attached for City Council approval is the Contracted Services Agreement with America's
River Corporation for Fiscal Year 2016.
The adopted Fiscal Year 2016 operating budget reflects a payment of$101000 to
America's River Corporation, for financial assistance to cover operating expenses of
that organization. The organization was established in 2003 by representatives from
the Dubuque Area Chamber of Commerce, the National Mississippi River Museum and
Aquarium along with the City of Dubuque, to serve as the organization responsible for
promotion of the Port of Dubuque district.
America's River Corporation utilizes these funds for the education of the Mississippi
River, marketing and promotion of the Port of Dubuque, the development and
coordination of special events located at the Port of Dubuque, and to assist in the
economic development of the Port of Dubuque.
It is my recommendation that the City Council approves the attached Contracted
Services Agreement with America's River Corporation, and authorizes the Mayor to
execute the contract on behalf of the City.
JML
Attachment
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
AMERICA'S RIVER CORPORATION
THIS AGREEMENT, dated for reference purposes the 1st day of July, 2015, 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, including, but not limited to, the Port of
Dubuque Marina;
(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) comply with City Council goals and priorities set forth in Exhibit A.
1
2. City Responsibilities
City designates the Economic Development Director, to act as its representative with
respect to the work to be performed under this Agreement, and such person shall have
authority to transmit instructions, receive information, interpret and define City's policies
and provide decisions in a timely manner pertinent to the work covered by this Agreement
until Agency has been advised in writing by City that such authority has been revoked.
3. Time of Performance
The term of this Agreement shall be from July 1, 2015 through June 30, 2016.
4. 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.
5. 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.
6. Reporting and Monitoring
Agency shall render to the Economic Development Director 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 within three months of year-end.
7. 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
2
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,
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.
8. 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.
9. Assignability
Agency shall not assign any interest in this Agreement without the prior written approval of
City.
10. Insurance
At the time of execution of this Agreement by Agency,Agency shall provide City copies of
Agency's insurance certificates showing compliance with the insurance requirements of
Insurance Schedule D, included as Attachment B.
3
`I
CITY OF DUBUQUE, IOWA AMERICA'S RIVER CORPORATION
f 4j, s/(gi
Lytin V. Sutton, Mayor Pro Tem resident
Witness:
iJ
Kevin irnsta I, ity f. rk
4
THE CITY OF COUNCIL@ DuB E
Masterpiece on the Mississippi GOALS & PRIORITIES
Each year, the Dubuque City Council completes its annual goal-setting sessions. Over the course
of three sessions, City Council members reaffirmed the 15-year vision statement, mission
statement, and goals. They also identified priorities for a 2015-2017 policy agenda. AM
2030 VISION STATEMENT CITY MISSION STATEMENT
The city of Dubuque is a progressive, sustainable city with a strong diversified economy The City's Mission is to deliver excellent municipal services
and expanding global connections.The Dubuque community is an inclusive community that support urban living and a sustainable city plan forthe
celebrating culture and heritage and has actively preserved our Masterpiece on the community's future and facilitate access to critical human
Mississippi. Dubuque citizens experience healthy living and retirement through quality, services which result in financially sound government and
livable neighborhoods with an abundance of fun things to do;and are engaged in the citizens getting services and value fortheirtax dollar.
community, achieving goals through partnerships. Dubuque City government is financially
sound and is providing services with citizens getting value fortheirtax dollar.
ORGANIZATIONALFIVE-YEAR COMMUNITY GOALS FIVE-YEAR CITY GOALS FIVE-YEAR
Planned and Managed Growth Financially Responsible City Government and
FOR A SUSTAINABLE DUBUQUE Partnering for a Better Dubuque High Performance Organization
• Economic Prosperity Improved Connectivity—
• Social/Cultural Vibrancy
• Environmental Integrity Transportation and Telecommunications
2015-2017 POLICY AGENDA
TOP PRIORITIES (in alphabetical order) HIGH PRIORITIES (in alphabetical order)
• East-West Corridor Study Implementation 0 Central Iowa Water Association
Goal. lmprovedConnectivityKey Issues.Property Goal Planned and Managed Growth Key Issues.Annexation, funding,
aquisition,environmental assessment,funding for design water infrastucture
and construction of roundabouts 0 City Economic Development
• Environmental Stewardship Commission(Community Goal..Economic Prosperity Keylssues.Review staffing levels and
Resiliency Commission) partners, funding, goals and performance expectations
Goal..Environmental/Ecological Integrity Key Issues. 0 Citywide Flower Planting Program
Purpose and role of commission, determine process for Goal..Partnering fora Better Dubuque Keylssues.Policy on use of
community engagement,size and diverse volunteers, policy of location(s)for existing or new plantings and type of
representation of community, staff support and funding plant(annual vs. perennial),funding and hiring freeze,on-going
• Historic Millwork District Parking(410 spaces) operation and maintenance costs
Goal..Improved Connectivity Keylssues. Land acquisition, 0 Comprehensive Plan
funding Goal Planned and Managed Growth Key Issues.Funding,community
• Inclusive Dubuque Action Plan assessment and input process
Goal..Social/Cultural Vibrancy Keylssues.Community 0 Debt Reduction Policy
engagement process on development of action plan for Goal..I'manciallyttesponsible City Government and Nigh Performance
priority areas,City role as a partner in implementation of Organization Keylssues.Education for general public and for city staff,
action plan continued implementation of strategic debt reduction
• Street Maintenance Program • Methane Gas Plan
Goal..Improved Connectivity Keylssues.Evaluate existing Goal..Environmental/Ecologicallntegrity Keylssues.Identify
service level targets, Funding to restore or expand service opportunities for methane gas reuse in city operations including Bio
level targets CNG, development agreement for methane gas reuse
• Surveillance Camera Funding
Goal..Social/Cultural Vibrancy Keylssues.Evaluate types of cameras
for future purchase, funding and location of additional cameras, use
and storage of data and information
2015-2011 MANAGEMENT AGENDA Financially Responsible City Government and High
• GDDC:Sustainable Innovation Performance Organization
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• National Incident/Event Roper Succession Planning Process:Development best practices assessment
• Skate Park Non-emergency mobile/portable units:Replacement
• Police:Review Best Practices Affordable Care Act:Payroll software update and IRS data reporting
• Open Budget/Open Expenditures software
2015-2011 MANAGEMENT IN PROGRESS 2015-2011 MAJOR PROJECTS
Economic Prosperity Goal Environmental/Ecological Integrity Goal
• Rivedront Leases Green Alley Projects(73 alleys)
• City Leases:Agreement with Board of Realtors Bee Branch Project(Garfield to Comiskey)
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•
Path ForwardAir Quality Plan: Implementation Improved Connectivity: Transportation
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Reduction by 2030:Update Wilbur Street Retaining Wall
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• Lead and Healthy Homes:Grant North Cascade Road:Phase 1
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Program:Final Report Airport Terminal:Open
• Southwest Arterial Project:Design,Land Acquisition, English Road Construction
Social/Cultural Vibrancy Goal Road to Airport Terminal
• Campaign for Grade Level Reading Program:AmericorpsProgram,Summer
Learning Program
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Trainingtor Departments orvisit www.cityotdubuque.org/councilgoals
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Action Plan
• Intercultural Competency Program within City Government Recruitment �UQUECITYCOUNCIL
and Retention
• Leadership Enrichment After SchoolProgram(LEAP):Grant MAYOR FIRST WARD
Intercultural Competency Program ForCommunit :School District,Non Roy D.BecGrueker
Kevin 1.Lynch
• P Y g Y 2640 Becker Ct. 749 Brookuiew Sq.
Profit and Community Organizations,Businesses Train the Trainer Dubuque,Iowa 52001 Dubuque,Iowa 52002
• Multicultural Family Center: Director Hiring Phone:(563)564-5455 Phone:(563)582-2655
rdbuol@cityofdubuque.org klynch@cityofdubuque.org
Term Expires: Dec.31,2017 Term Expires:Dec.31,2017
Planned and Managed Growth Goal
AT-LARGE SECOND WARD
• Flood Wall Evaluation Study Ric W.Jones Karla A.Bra ig
• Alliant Energy Plant Site:Acquisition 1270 mnleith Ct. 1795 Loras Blvd.
lo
• Source oflncomeWorkGroup:RepoH Dubuque, wa 52003 Dubuque,Iowa 52001
Phone:(563)556-3490 Phone:(563)582-0595
�'� ° kbrai @cit
rjones@cityotdubuque.org
otdubu ue.or
g Y 9 g
Partnering for a Better Dubuque Goal Term Expires:Dec.31,2017 "'"t Term Expires:Dec.31,2015
• Sister City Program:Visit to the City,Strategic Plan AT-LARGE THIRD WARD
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• Four Mounds Foundation/HEART Program:RepoH 375AIpineSt. _ 660 Edith St.
Dubuque,Iowa 52001 4 Dubuque,Iowa 52001
• City Volunteers for Economic Opportunity Program:Tool kit for volunteers/ Phone:(563)582-9217 Phone:(563)582-3843
internships,volunteer positions in department;United Way Volunteer dresnick@cityofdubuque.org jconnors@cityofdubuque.org
Matching Software I Term Expires: Dec.31,2015 Term Expires:Dec.31,2017
• Purchase of Service:Data Collection,Training for Purchase of Service FOURTH WARD
Providers,Reporting mechanism p„y
xxe crry on °4°0 Lynn V.Sutton
1148 W.5th St.,95
Improved Connectivity: DUB E IIF Phone Dubuqu563)e,
Transportation and Telecommunications Mmr� onr>eMs�ssy� 8865
Isutton@cityofdubuque.org
• Smarter Transportation Program:Research,Report Term Expires:Dec.31,2015
Rev.9/15
City of Dubuque Insurance Requirements for Special Event Permits
Insurance Schedule D
1. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the
coverage required in Exhibit I prior to effective date of permit. Each Certificate shall be prepared on the
most current ACORD form approved by the Iowa Department of Insurance or an equivalent. Each
certificate shall include a statement under Description of Operations as to why issued. Eg: Project
# or Lease of premises at or construction of
2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and all
carriers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each Certificate shall be furnished to the contracting department of the City of Dubuque.
4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of
Dubuque. Failure toobtain or maintain the required insurance shall be considered a material breachof this
agreement.
5. All required endorsements to various policies shall be attached to Certificate of insurance.
6. Whenever a specific ISO form is listed,an equivalent form may be substituted subject to the provider
identifying and listing in writing all deviations and exclusions that differ from the ISO form.
7. Provider shall be required to carry the minimum coverage/limits, or greater if required by law or other
legal agreement, in Exhibit 1.
8. Whenever an ISO form is referenced the current edition of the form must be used.
City of Dubuque Insurance Requirements for Special Event Permits
Insurance Schedule D (continued)
Exhibit I
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 $1,000,000
Fire Damage Limit(any one occurrence) $ 50,000
Medical Payments $ 5,000
a) Coverage shall be written on an occurrence, not claims made,form. All deviations from the
standard ISO commercial general liability form CG 0001,or Business owners form BP 0002,shall be
clearly identified.
b) Include endorsement indicating that coverage is primary and non-contributory.
c) Include an endorsement that deletes any fellow employee exclusion.d)
Include additional insured endorsement for:
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. Use ISO form CG 2026.
B) AUTOMOBILE LIABILITY $1,000,000(Combined Single Limit)
C) LIQUOR LIABILITY $ 1,000,000(only
if alcoholic beverages served)