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POS FY 08 America's River CorpTHE CTfY OF DUB E Masterpiece on the Mississippi MEMORANDUM June 13, 2007 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 2008 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. Michael C. Van Milligen MCVM/jml Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jenny Larson, Budget Director THE CITY OF DuB E Masterpiece on the Mississippi MEMORANDUM June 13, 2007 TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, 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 2008. The adopted Fiscal Year 2008 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. JML 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 2007, 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: 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, 2007 through June 30, 2008. 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 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, sexual orientation, 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, 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, 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, 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 acceptable. 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 at least 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. WITNESSED /~ e n e F Schneider, City Clerk ~i ate CITY OF BUQUE, IOWA /~Y col, Mayor v~ S RIVER Q~dRPORATION 3 ".ACURDM CERTIFICATE OF LIABILITY INSURANCE osiz7jz/oo~' PRODUCER ,.,x,563) 556-0272 FAX (563) 556-4425 FRiEDMAN INSURANCE INC. 202 FISCHER BLDG. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 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 NAIC # INSURED America's River Corp. INSURER A: ClnClnndtl Insurance Companies 10677 300 Main Street INSURER B: Dubuque , IA 52001 INSURER C: INSURER D: INSURER E: rnvoo n r_oc vTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY NP00208248 05~28~2UU7 05~28~2008 EACH OCCURRENCE $ 1 ~ OQQ ~ QQQ X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE a OCCUR MED EXP (Any one person) S __ A PERSONAL & ADV INJURY S GENERAL AGGREGATE S 1 ~ Q~~ ~ Qp0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ X POLICY PRO LOC JECT AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY NPP0208248 05/28/2007 05/28/2008 EACH OCCURRENCE $ 1, 000 , 000 X OCCUR ~ CLAIMS MADE AGGREGATE S 1 , OOO , OOO A s DEDUCTIBLE S __ X RETENTION $ S WORKERS COMPENSATION AND BINDER 05/28/2007 05/28/2008 X WC sTATU- oTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S _ 1 , OOO , OO__O - A OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE S 1 , OOO , OOO If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 , ~~~ , 000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS (`FRTIFI(`ATF Flnl IIFR (`AN[`FI I ATInN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. _ PROOF OF INSURANCE AUTHORIZED REPRESENTATIVE Scott DeSousa ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(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 terms 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), authorized 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)