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Purchase of Services Agreement_ America's River Corporation 2011Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Services Agreement — America's River Corporation During the Fiscal Year 2011 budget process, the Mayor and City Council provided $10,000 for the Purchase of Services Agreement with America's River Corporation. Budget Director Jennifer Larson is recommending execution of the attached contract with America's River Corporation to help provide education about the Mississippi River, assist in 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 economic development of the Port of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM /jml Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jenny Larson, Budget Director /. 2 ichael C. Van Milligen Dubuque kital AIFAmalcaCity 2007 May 11, 2010 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director U- SUBJECT: Purchase of Services Agreement — America's River Corporation JML Attachment Attached for City Council approval is the Purchase of Services Agreement with America's River Corporation for Fiscal Year 2011. Dubuque kraal AI -Ames caCity 1111 I 2007 April 12, 2010 The adopted Fiscal Year 2011 operating budget reflects a payment of $10,000 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 Purchase of Services Agreement with America's River Corporation, and authorizes the Mayor to execute the contract on behalf of the City. AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND AMERICA'S RIVER CORPORATION THIS AGREEMENT, dated for reference purposes the 1st day of July, 2010, 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; and (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. 2. Time of Performance The term, of this Agreement shall be from July 1, 2010 through June 30, 2011. 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. 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, 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. 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 agreeable. 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 not less than five (5) days before the effective date of such termination. 6. Assignability Agency shall not assign any interest in this Agreement without the prior written approval of City. 2 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 with limits and coverage to the satisfaction of City for the term of this Agreement. e Schneider, City Clerk CITY OF DUBUQUE, IOWA Roy V. Buol, Mayor AMERICA'S RIVE CORPORATION - Moll - Gr v r, Pr si en 3