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Contracted Services Agreement - America's River Corporation Copyright 2014 City of Dubuque Consent Items # 17. ITEM TITLE: Contracted Services Agreement-America's River Corporation SUMMARY: City Manager recommending approval of the Contracted Services Agreement with America's River Corporation for Fiscal Year 2017. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo America's River Corp Agreement Supporting Documentation THE CITY OF Dubuque DBgkEmerica CiryUr Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Contracted Services Agreement — America's River Corporation DATE: June 13, 2016 During the Fiscal Year 2017 budget process, the Mayor and City Council provided $10,000 for the Contracted Services Agreement with America's River Corporation. Budget Director Jennifer Larson is recommending execution of the attached contract with America's River Corporation. I concur with the recommendation and respectfully request Mayor and City Council approval. A) Mich el C. Van Milligen MCVM/jml Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Maurice Jones, Economic Development Director Jenny Larson, Budget Director THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director SUBJECT: Contracted Services Agreement — America's River Corporation DATE: June 13, 2016 Attached for City Council approval is the Contracted Services Agreement with America's River Corporation for Fiscal Year 2017. The adopted Fiscal Year 2017 operating budget reflects a payment of$101000 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 Contracted Services Agreement with America's River Corporation, and authorizes the Mayor to execute the contract on behalf of the City. JML Attachment Dubuque THE CITY OF City Manager's Office 6a City Hall rJ.B II-AmedcaCih®, Dubuque,Iowa 52001- 4805 Masterpiece on the Mississippi Office(563)589-4110 2007•2012•2013 Fax(563)589-4149 TTY(563)690-6678 ctymgr@cityofdubuque.org www.cityofdubuque.org June 22, 2016 Keith Rahe America's River Corporation 300 Main St., Suite 120 Dubuque, IA 52001 Dear Keith, Enclosed is your Contracted Services Agreement with the City of Dubuque for Fiscal Year 2016-17. The agreement has been signed by the Mayor and now needs your signature. Please review the reporting and monitoring requirements. The designated City staff that reports and invoices are remitted to may have changed from the prior year. Please sign the enclosed original agreement, make a copy for your files, and return the original to the City Manager's Office. Be sure to include the required insurance documentation as submitted in the prior year. Funds shall be paid by the City to your agency according to the terms of the agreement after the execution of this agreement by both parties and upon receipt of a requisition. Sincerely, Jennifer Larson Budget Director Enclosure AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND AMERICA'S RIVER CORPORATION THIS AGREEMENT, dated for reference purposes the 1st day of July, 2016, 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, including, but not limited to, the Port of Dubuque Marina; 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; 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.; and g) comply with City Council goals and priorities set forth in Exhibit A. 2. City Responsibilities City designates the Economic Development Director, to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. 3. Time of Performance The term of this Agreement shall be from July 1, 2016 through June 30, 2017. 4. 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. 5. Audit and Evaluation Inasmuch as the funds to be provided to Agency by City are public funds, the Agency agrees that it will maintain books of account in accordance with Generally Accepted Accounting Standards together with necessary documentation to support all expenditures. The records of Agency, including payroll accounts and other records of disbursements and receipts, and other records relating to the performance of the activities herein specified, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, in order to ascertain performance of Agency under this Agreement. Agency agrees to retain such records for not less than three (3) years. 6. Reporting and Monitoring Agency shall render to the Economic Development Director a monthly written report detailing its activities related to the use of City funds provided to Agency. Such report shall include a performance report on the program(s) supported by City funds and a financial report on the use of City funds, which shall be rendered no later than the fourth Thursday of the succeeding month. A written annual report shall be submitted to the City Council within sixty(60)days of year end.The annual report shall include a performance report on the program(s) supported by City funds and a financial report on the use of City funds. If Agency has an annual audit performed, Agency shall provide City a copy of the annual audit report within three months of year-end. 7. 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 I 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. 8. Termination of Agreement If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements or stipulations of this Agreement, City shall thereupon have the right to terminate this Agreement by giving written notice to Corporation of such and specifying the effective date thereof not less than thirty days before the effective date of such termination. If Agency shall fail to cure its default to the satisfaction of City in City's sole discretion within such thirty day period, this Agreement shall be deemed terminated at the end of such thirty day period without further action of either party. Upon termination of this Agreement, Agency shall return to City all unexpended funds and/or any funds utilized for purposes other than stated in the Agreement. 9. Assignability Agency shall not assign any interest in this Agreement without the prior written approval of City. 10. Insurance At the time of execution of this Agreement by Agency, Agency shall provide City copies of Agency's insurance certificates showing compliance with the insurance requirements of Insurance Schedule D, included as Attachment B. CITY OF DUBUQUE, IOWA AMERICA'S RIVER CORPORATION Roy D.Ai, Mayor President Witness: 7. I . Kevin irnstahl, City rk =i5 B E CITY COUNCIL ' Masterpiece on the Mississippi GOALS & P R I O R I T I E S Each year, the Dubuque City Council completes its annual goal-setting sessions. Over the course of two days in August 2015 and another session in October, City Council members reaffirmed the 15-year vision statement, mission statement, and goals. They also identified priorities for a 2015-2017 policy agenda. 2030 VISION STATEMENT CITY MISSION STATEMENT The city of Dubuque is a progressive,sustainable city with a strong diversified economy The Citys Mission is to deliver excellent municipal services and expanding global connections.The Dubuque community is an inclusive community that support urban living and a sustainable city plan for the celebrating culture and heritage and has actively preserved our Masterpiece on the communitys futire and facilitate access to critical human Mississippi.Dubuque citizens experience heathy living and retirement through quality, services which result in financially sound government and livable neighborhoods with an abundance of fun things to do;and are engaged in the citizens getting services and value for their tax dollar. community,achieving goals through partnerships.Dubuque City government is financially sound and is providing services with citizens getting value for their tax dollar. FIVE-YEAR COMMUNITY GOALS FIVE-YEAR CITY GOALS FIVE-YEAR ORGANIZATIONAL GOAL FOR ' SUSTAINABLE DUBUQUE Organization' • Economic Prosperity Partnenng for a Better I • Social/Cultural Vibrancy Improved Connectivity— • Environmental Integrity Transportation and Telecommunications 2015-2017 POLICY AGENDA TOP PRIORITIES (in alphabetical order) HIGH PRIORITIES (in alphabetical order) • East-West Corridor Study Implementation 0Central Iowa Water Association Goat Improved ConnecdvityKeylssues:Property Goal.Pknnedand Managed GrowPhKeyissues.Annexation,funding, aquisitioo, environmental assessment,funding for water infrastuctnre design and construction of roundabouts 0City Economic Development • Environmental Stewardship Commission Goal.EconomxProspenfyKeyissues.Review staffing levels and (Community Resiliency Commission) partners,funding,goals and performance expectations Goat.EnmonmentaYEco1ogica11deg*Key 0Citywide Flower Planting Program Issues.Purpose and role of commission, Goal:Panhenng fora BetterDubuque Keylssues.Policy on use of volunteers, policy of determine process for community engagement, location(s)for existing or new plantings and type of plant(annual vs. perennial),funding and size and diverse hiring freeze,ongoing operation and maintenance costs representation of community,staff support and 0Comprehensive Plan funding Goal.PknnedandManaged Growth ftissues.Funding,community • Historic Millwork District Parking(470 spaces) assessment and input process Goat.Improved Connech*Keyissues.Land 0Debt Reduction Policy acqusition,funding Goal:FinannadyResponsibk CilyGovemment and HighPeifwmance Grgmzaton Keyissues: • Inclusive Dubuque Action Plan Education for general public and for city staff,continued implementation of strategic debt reduction Goat.SoaaYCutural VAbmcyKeytssues: 0Methane Gas Plan Community engagement process on development Goal:EnvironmentaYEcologicallntegnfy Key Issues:Identify opportunities formethane of action plan for priority areas,City role as a gas reuse in city operations including Bio CNG, development agreement for methane partner in implementation of action plan gas reuse • Street Maintenance Program 0Surveillance Camera Funding Goat.ImpmvedConnecdvilyKeylssues:Evaluate Goal.Soc&Culbal Wbrancyftissues.Evaluate types of cameras forfutnre purchase, existing service level targets,Funding to restore or funding and location of additional cameras,use and storage of data and information expand service level targets 2015-2017 MANAGEMENT AGENDA Financially Responsible City Government and • GDDC Sustainable Innovation • Industrial Park Development High Performance Organization • National lrcidenNEveN Report Police Officers Recruitment and Retention • Skate Park Succession Planning Process:Development best practices assessment • Police Review Bed Practices Nonemergency mobileiportable units:Replacement • Affordable Care Act Payroll software update and IRS data reporting • Open Budgj Expenditures software 2015-2017 MANAGEMENT IN PROGRESS Economic Prosperity Goal 2015-2017 MAJOR PROJECTS • Riverbed Leases Environmental/Ecological Integrity Goal • City Leases Agreement with Board of Realtors Green Aley Projects(73 alleys) • An Service Expansion Advocacy Bee Branch Projai(Gadield to Comiskey) • Dubuque Initiatives:Strategic Plan Energy Efficient Street Lights • Ponjat HOPE Program Evaluation Report Partnerin for a Better Dubuque Goal • South Port'Erwironmerhal Assessment g q • Comiskey Pak Improvements Community Engagement,Design Environmental/Ecological Integrity Goal NonrnwestAdenal Trail—Bergfeld Recreation Trail Connect on • Recycling Pi lot Program:Carts Dish bulion(400) Bunker Hill Golf Course Irrigation Improvemerhs(Phase 1.first half) • Path FawardArQuality Plan:Implementation d • Community Ch mate Action and Resiliency Plan-50% Green House Gas Improved Connectivity. Transportation Reduction by 2D3D:Update Wacker and HER Trade Signalizalion Project • FatslOilslGrease(FOG)Program Inspections and Progress Report Wil bur Street Paid ning Wall • Lead and Healthy Homes:Gant Intermodal Transportation Facility Opening • Iowa Economic Development Authority Community Energy Management Program • North Cascade Road Phase Final Roper Utility Extension Project toArport • Alport Terminal:Open Social/Cultural Vibrancy Goal Southwest Artenal ProjaA Design,Land Acquisition,English Road Construction • Campaign for Grade Level Reading Program Americorps Program, Summer • Road to Arbor Terminal Learning Program • Voluntary Compliance Agreement Action Plan Repot(HUD Approval),Training for Departments • Fair Housing Training Annual For more information,call 563 569 4120 or • Housing Choice Voucher Program Grain Application visit wwwcitvofdubuaue orabouncilaoals • Affirmative Fair Housing:VrdeolTreining Updates, Fair Housing Report and Action Plan • Intercultural Competency Program within City Government Recruitment and Retention • Leadership Enrichment After School Program TEAP):Grant • Intercultural Competency Program for Community:School District,Non Profit and Community Organizations,Businesses Train the Trainer • Multicultural Family Center:Director Hiring S U S T A I NAB LE Planned and Managed Growth Goal DUBUQUE • Flood Wall Evaluation Study • AliaN Energy Plan)Site Acquisition viable • livable • equitable • SoarceoflmomeWoik Group Report Partnering for a Better Dubuque Goal • Sister City Program:Visit to the City,Strategic Plan • GDDCBroadbandlFiber Optic Vendor Engagement• FourMoundsFoundatonHEARTProgrm RepoFINVI"ROWNMENTAUECOLOO7GICAL • City Volunteers for Economic Opportunity Program Tool kit forvolunteersl INTEGRITY internships,volunteer positions in department,United Way Volunteer Matching r Software • Purchase of Service Data Collection,Training for Purchase of Service ECONOMIC SOCIAUCULTURAL Providers,Reporting mechanism Improved Connectivity. Transportation and Telecommunications • Smarter Transportation Program:Research,Report Rav 1/15/16 www.sustainabledubuque.org ATTACHMENT B City of Dubuque Insurance Requirements for Special Event Permits Insurance Schedule D 1. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to effective date of permit. Each Certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project or Lease of premises at or construction of 2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the City of Dubuque. 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. All required endorsements to various policies shall be attached to Certificate of insurance. 6. Whenever a specific ISO form is listed,an equivalent form may be substituted subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. 7. Provider shall be required to carry the minimum coverage/limits,or greater if required by law or other legal agreement,in Exhibit I. 8. Whenever an ISO form is referenced the current edition of the form must be used. City of Dubuque Insurance Requirements for Special Event Permits Insurance Schedule D (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit 2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit 1,000,000 Each Occurrence 1,000,000 Fire Damage Limit(any one occurrence) 50,000 Medical Payments 5,000 a) Coverage shall be written on an occurrence, not claims made,form. All deviations from the standard ISO commercial general liability form CG 0001,or Business owners form BP 0002,shall be clearly identified. b) Include endorsement indicating that coverage is primary and non-contributory. c) Include an endorsement that deletes any fellow employee exclusion.d) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers,all its boards,commissions and/or authorities and their board members,employees and volunteers. Use ISO form CG 2026. B) AUTOMOBILE LIABILITY $1,000,000(Combined Single Limit) C) LIQUOR LIABILITY 1,000,000(only if alcoholic beverages served)