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Cornerstone Government Affairs Service AgreementMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Agreement with Cornerstone Government Affairs, LLC DATE: February 13, 2014 Dubuque band AI- America City 1 2007 • 2012 • 2013 I respectfully recommend Mayor and City Council approval of an agreement with Cornerstone Government Affairs, LLC to assist the City in pursuit of the elimination of pari - mutuel greyhound dog racing in Dubuque. The Dubuque Racing Association will reimburse the City for the $25,000 contract. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager CORNERSTONE GOVERNMENT AFFAIRS SERVICE AGREEMENT CORNERSTONE GOVERNMENT AFFAIRS, LLC, a limited liability company duly organized under the laws of the District of Columbia, and doing business as CORNERSTONE GOVERNMENT AFFAIRS (hereafter referred to as "CORNERSTONE ") with its principal place of business at 300 Independence Ave, SE, Washington, D.C. 20003, does contract with the City of Dubuque, Iowa (hereinafter referred to as "Client "), whose principal office is 50 West 13th Street, Dubuque, Iowa 52001, to provide consultant services from February 1, 2014 through December 31, 2014. Payment shall be made to CORNERSTONE in 5 monthly payments of five thousand dollars ($5,000.00) for a total of $25,000.00. The first payment shall be made upon execution of this contract or upon agreement of both parties. In addition to the retainer fee, all other expenses incurred throughout the life of the contract will be one hundred percent reimbursable upon submission of a valid receipt, i.e. photo copies, faxes, travel, etc. Federally or state appropriated funds may not be used to pay for any services provided or expenses incurred under this contract. All fees to CORNERSTONE for services will be due and payable on the dates specified herein. All balances not paid on the due dates specified herein will bear interest at the rate of one percent (1 %) per month until paid. All costs of collection incurred by CORNERSTONE of fees, which are more than sixty (60) days past due shall be paid by Client promptly upon demand. In its capacity as a consultant, CORNERSTONE shall make its best effort to assist in pursuit of its government affairs and business objectives. Client shall determine the nature of these objectives with the advice and assistance of CORNERSTONE. Neither party shall assign any of its rights or delegate any of its duties or obligations under this Agreement without the express written consent of the other party. Any dispute arising under this contract shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. It is understood that CORNERSTONE cannot undertake to verify all facts supplied to it by Client or related entities or all factual matters included in materials prepared or used by CORNERSTONE and approved by Client or related entities. Client agrees to indemnify and hold harmless CORNERSTONE from and against any and all losses, claim, damages, legal fees, expenses, or liabilities that CORNERSTONE may incur based upon information, representations, reports, data or releases furnished or approved by Client or its specifically authorized representative for use or release by CORNERSTONE, whether or not CORNERSTONE prepared or participated in the preparation of such materials. CORNERSTONE agrees to indemnify and hold harmless Client from and against any and all losses, claims, damages, legal fees, expenses or liabilities Client may incur based upon information, representations, reports, data or releases made by CORNERSTONE or its authorized agent or representative Client did not expressly approve, or that CORNERSTONE materially changed or altered after Client approval; or that CORNERSTONE used in a negligent or reckless manner. This paragraph shall survive the termination of this agreement and shall continue to bind both parties. CORNERSTONE shall be responsible, at its own expense, for complying with any federal law and /or regulation governing lobbying, including, but not limited to any law or rule requiring registration of or the filling of public disclosure reports by lobbyists, which law or rule applies by reason of any service to be performed or activity to be conducted. This agreement contains the entire understanding between the parties. It may be changed only by written agreement signed by the parties. In witness whereof the authorized representatives of the City of Dubuque, Iowa and CORNERSTONE do hereby execute this contract. Date: 1/31/14 Date: CORNERSTONE GOVERNMENT AFFAIRS, LLC David Adelman Vice President CITY OF DUBUQUE; IOWA By: Mike Van Milligan Title: City Manager, City of Dubuque