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Purchase of Services America's River Corp. D~~~E ~YN--~ MEMORANDUM May 27, 2005 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 2006 budget process, the Mayor and City Council provided $10,000 for the Purchase of Services Agreement with America's River Corporation. Budget Director Dawn Lang 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. fvl)tt.,!U-- Michael C. Van Milligen MCVM/ksf Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Dawn Lang, Budget Director :,<J ,;' - J ! 1 ~...__ ...__ ._.._.: ~..~ l_ j 5~~~E ~YN--~ MEMORANDUM May 27,2005 TO: Michael C. Van Milligen, City Manager FROM: Dawn Lang, Budget Director SUBJECT: Purchase of Services Agreement - America's River Corporation Attached for City Council approval is the Purchase of Services Agreement with America's River Corporation for Fiscal Year 2006. The adopted Fiscal Year 2006 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. DLL/ksf Attachment AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND AMERICA'S RIVER CORPORATION THIS AGREEMENT, dated for reference purposes the 1 st day of July 2005, 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, per the terms of this agreement, and board representative; 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; and (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. 2. Time of Performance The term of this Agreement shall be from July 1, 2005 through June 30, 2006. 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. 1 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 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, 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, 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 payor 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, 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, 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 because of race, color, creed, religion, sex, national origin, age, degree of handicap or disability. 5. Assianabilitv Agency shall not assign or transfer any interest in this Agreement without the prior written approval of City. 6. 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. WITNESSED: Karen M. Chesterman Deputy City Clerk Date: ate CITY OF DUBUQUE, IOWA ~ II I lei\.. hi'l..1..... ., -- ...L ... Jo i E. Connors, Mayor Pro- T em ~ ~~tr:- &?: 20 D ..C; AMERICA'S RIVER CORPORATION 2 Stewart Sandstrom, President Date 6/21/05 3 JUL 07 2005 THU 03'50 PM FRIEDMAN INSURANCE FAX NO. 563 556 4425 P. 03 - - . AC.ORQM CERTIFICATE OF LIABILITY INSURANCE T DATE (MMlDO/YVYVI 07/07/2005 PROD~R (563)556-0272 FAX (563)556-4425 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION FRIEDMAN INSURANCE INC. ONLY AND CONFERS NO RIGHTS UPON mE CERTIFICATE 202 FISCHER BLDG. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 759 DUBUQUE, IA 52004-0759 INSURERS AFFORDING COVERAGE NAIe # INaUREO Amer, ea · s River Corp. INSURER Ac Cincinnati Insurance Companies 10617 300 Main Street INSURER B: Dubuque, IA 52001 INSUReR c: INSURER D: INSURER E: COY THe POliCIES OF INSURANCE USTED BelOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOlCATED. NOTW.iHSTANDlNI AN'V REQUIREMENT. TERM OR CONDITION OF ANY CONTRAC"r OR OTHER DOCUMENT WITH RESPECT TO WHICH 'J"HIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED Bv iHE POL.ICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, E}(CLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rNSR DO' 1YPE OF INSURANCe I'OUCY NUMBER POUCV Ef'f'ecTIVE I'DUCV EXPIRATION LIMITS I~NE:RAl. LWIlUTY NPP4998257 OS/28/2005 OS/28/2006 EACH OCCURRENCE is 1,000.OOcl X COMMERCIAL GENEl'W, LIAIlILnY DAMAGE TO ReNTED $ 100 I OOIl "1 C~ MADE [!] OCCUR MED EXP (Anv one PIll'lOn) S 5 .00(] A PERSONAL & AIJ,V INJURY $ l.ooo.ooll GI!N~RAl. AGGReGATE $ 2 I 000 . 00(] GEN'L AGGREGATl> LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG I; 2. 000. 001l rxJ POLICY n ~rc?T n LOC ~OM09lI.E LIABILITY COMBlNED SINGLE LIMIT is A~ AUTO (ElllICcidem) "- ALL OWN!;D AUTOS BODIL v INJURY - S SCHEOULeo AUTOS (!>Dr p<lfi1lf1) - - HIRED AUlDS BODIL V INJURY (Pelr accjQent) S - I'ION.OWNF.D AUTOS I-- PROf'ERlY DAMAGE $ (Per 1ICCklen1) GARAGI< LJA8ILlT"( AUTO ONLY - EA ACCIDENT is R ANY AUTO OTHER THl\N EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA L1AllILIlY NPP4998257 OS/28/2005 OS/28/2006 EACH OCCURRI!NCE S 1,000.OOr t!:J" OCCUR 0 CLAIMS ~oe AGGREGATE S 1. 000.00( A $ ~ DEDUCTIBLE $ X ~ETEN1l0N S ( :5 WORKERS COMPBISATlON AND we STATU- I. TO~. EMPLOYERS' UADII..l1Y E.L. EACH ACCIOENT S ANY PROF'RIETORIPARTNERleXlOCUTlVE OFFICERJMEMElER EXCLUDED? E.L. DISEASE. EA EMPLOyee s II V9&. !lescrllle under E.L DlS~ - POLICY LIMIT S SPECIAl. PROVISIONS below OTHER DNCRlP"ON 01' OPERA11ONS /LOCA'11ONS I VeHICLES/ excLUSIONS ADDED 8Y ENllORSEMl:NT / SPECIAl. PROVISIONS CITY OF DUBUQUE ATTN: KEVIN CTIY HALL DUBUQUE I IA 52001 SHOULD lIMY OF THE A80ft DESCRIBSl POLICIES BE CANCELLED BI1FORE THIi EXl'lRAllON DATE TltI!REOF. THE ISSUING INSlIRER WILL ENDEAVOR TO IIIAII. ~ DAVS WRlT'I'eN NOllCE TO THE CEA11FlCATE HOLOER NAIllED TO THE LEFT. BUT f,$I.UflE. Tn.., ..",M NQJ1CE,SHALL IlllI'O&E NO OBUGAllOtol OIl UA81UTY OF N paN THE INSURER. ITS SENTATM!S. AU1lIO RESENT Scott: ACORD 26 (2001/08) FAX: 589-4149 ~CORDCORPORAT~N1~ JUL-07-2005 THU 03:50 PM FRIEDMAN INSURANCE FAX NO. 563 556 4425 p, 04 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED. subject to the tenns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authori:led representative or producer. and the certificate holder, nor does it affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)