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Cornerstone Government Affairs Service Agreement Copyright 2014 City of Dubuque Consent Items # 24. ITEM TITLE: Cornerstone Government Affairs Service Agreement SUMMARY: City Manager recommending approval of an agreement with Cornerstone Government Affairs, LLC to assist the City in identifying a solution to the pari-mutuel issue between the Iowa Greyhound Association and the Iowa Thoroughbred Association. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ Cornerstone Government Affairs Agreement-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Service Agreement Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Cornerstone Government Affairs, LLC Agreement DATE: December 11, 2014 Assistant City Manager Teri Goodman is recommending Mayor and City Council approval of an agreement with Cornerstone Government Affairs, LLC to assist the City in identifying a solution to the pari-mutuel issue between the Iowa Greyhound Association and the Iowa Thoroughbred Association. The Dubuque Racing Association will reimburse the City for the $10,000 contract. z ' k�4 Micliael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager THE CITY OF Dubuque U E I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: Michael Van Milligen, City Manager FROM: Teri Goodmann, Assistant City Manager SUBJECT: Cornerstone Government Affairs, LLC Agreement DATE: December 11, 2014 Background The 2014 Iowa Assembly passed legislation removing the requirement of subsidy payments to the Iowa Greyhound Association from Mystique Casino in Dubuque and Bluffs Run Casino in Council Bluffs. David Adelman of Cornerstone Government Affairs, LLC was contracted by the City of Dubuque to advance the city's agenda on this issue of critical importance to the community. The successful passage of this legislation allows Dubuque Racing Association to recapture approximately $3 million annually. The Dubuque Racing Association funded the payment of the Cornerstone Government Affairs, LLC contract for this service. Discussion We are aware that discussions are going to take place between the Iowa Greyhound Association and the Iowa Thoroughbred Association in the upcoming session of the Iowa Assembly. The Dubuque Racing Association, the City and others have a vested interest in these conversations and seek to find a resolution and mitigate any negative consequences of last year's greyhound legislation. David Adelman, Cornerstone Government Affairs, LLC, has again offered his services managing this legislative issue of pari-mutuel gaming during the 2015 Iowa legislative session. The Dubuque Racing Association has agreed to pay the Cornerstone Government Affairs, LLC contract providing for David Adelman's services. Under terms of the contract David will represent the city of Dubuque during the negotiations between the Iowa Greyhound Association and the Iowa Thoroughbred Association as they come to terms with their pari-mutuel racing agreement. Recommendation I recommend that Cornerstone Government Services, LLC/ David Adelman be retained for the 2015 Legislative session to help identify a solution to the pari-mutuel issue between the Iowa Greyhound Association and the Iowa Thoroughbred Association. 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 for the period of the remaining duration of the 2015 Legislative Session Payment shall be made to CORNERSTONE in 1 payment ten thousand dollars for a total of $10,000.00. Payment shall be made upon execution of this contract. 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. CORNERSTONE with the cooperation of the City of Dubuque will assist interested parties as they come to a compromise on para-mutual wagering relating to the passage of the Greyhound racing ban in 2014. In addition to the work aforementioned work, CORNERSTONE will monitor and report issues specific to the City of Dubuque as they arise. If any additional needs should arise a separate contract shall be negotiated. 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. -1- 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: y CORNERSTONE GOVERNMENT AFFAIRS, LLC David Adelman Vice President CITY OF DUBUQUE, IOWA B ° Mike Van Milligan Title: City Manager, City of Dubuque -2-