Iowa Great Places Memorandum of Understanding_Iowa Department of Cultural Affairs Copyrighted
August 6, 2018
City of Dubuque Consent Items # 20.
ITEM TITLE: lowa Great Places Memorandum of Understanding
SUMMARY: City Manager recommending approval of a Memorandum of
Understanding with the lowa Department of Cultural Affairs
which designated Dubuque as an lowa Great Place.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
lowa Great Places Redesignation Application-NNM City Manager Memo
Memo
Staff Memo Staff Memo
Memorandum of Understanding Supporting Documentation
THE CITY OF Dubuque
�
AIFA�erlwGh
UB E '�� III►
Masterpiece on the Mississippi Z°°'�w'2
7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: lowa Great Places Redesignation Memorandum of Understanding
DATE: July 31 , 2018
Assistant City Manager Cori Burbach recommends City Council approval of a
Memorandum of Understanding with the lowa Department of Cultural Affairs which
designated Dubuque as an lowa Great Place. After the Memorandum of Understanding
is completed, Dubuque will have the opportunity to submit up to three proposals in the
Driftless North End area for funding in the fall of 2018. The geographic area identified
for Great Places designation as the "Driftless North End" stretches from the bluffs east
to the Mississippi River, and from Loras Blvd. north the Four Mounds Estate.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� �� ���
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
THE CTTY OF Dubuque
�"
ui���eNe�ary
DUB E 'il��i;'
Masterpiece on the Mississippi Z°°' Z°'Z
2013 2017
TO: Michael Van Milligen, City Manager
FROM: Cori Burbach, Assistant City Manager
DATE: July31, 2018
RE: lowa Great Places Redesignation Memorandum of Understanding
INTRODUCTION
The purpose of this memo is to request Council approval for Mayor Buol to enter into
the attached Memorandum of Understanding with the lowa Department of Cultural
Affairs. Acceptance of the MOU will designate Dubuque as an lowa Great Place.
BACKGROUND
In 2006, Dubuque was first designated as an lowa Great Place. The program provides
designation and supports the development of new and existing infrastructure intended
to cultivate the unique and authentic qualities of neighborhoods, communities and
regions in lowa. Dubuque's 2006 application included the projects identified as
community priorities through the Envision 2010 process. As a result of receiving the
designation, Dubuque received $684,000 over four years to investment in the Carnegie-
Stout Public Library Renovation, America's River Phase II, Bi-Lingual Bike/Hike Trail
Signage, and Historic Millwork District Streetscape. In 2016, Steeple Square was
awarded an lowa Great Place designation as well.
DISCUSSION
The City of Dubuque convened partners to apply for redesignation in May. The central
vision identified in the application is the lmagine Dubuque 2037: A Call to Action
comprehensive plan. Partners committed to implementing the vision include the City of
Dubuque, Dubuque Main Street, Dubuque County Historical Society, Four Mounds
Foundation, the Dubuque Museum of Art, and Travel Dubuque. The geographic area
identified for Great Places designation stretches from the bluffs east to the Mississippi
River, and from Loras Blvd north to the Four Mounds Estate, a region identified as the
"Driftless North End" in the application.
The City was notified that we were selected to become an lowa Great Place in July
2018. After the attached MOU is completed, Dubuque will have the opportunity to
submit up to three proposals in the Driftless North End area for funding in the fall of
2018.
REQUESTED ACTION
I respectfully request City Council approval for Mayor Buol to enter into the attached
MOU with lowa Department of Cultural Affairs, which will designate Dubuque as an
lowa Great Place.
Cc: Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
Maurice Jones, Economic Development Director
2
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE STATE OF IOWA, ACTING BY AND THROUGH THE IOWA DEPARTMENT
OF CULTURAL AFFAIRS
AND
City of Dubuque
THIS MEMORANDUM OF UNDERSTANDING (“MOU”), is effective as of July 1, 2018,
and is made by and between THE STATE OF IOWA, ACTING BY AND THROUGH THE IOWA
DEPARTMENT OF CULTURAL AFFAIRS (“State”), and City of Dubuque (“Great Place”).
In furtherance of the purposes of the Great Places program (“Program”), created on
January 11, 2005, by Governor Thomas J. Vilsack’s Executive Order 39 and legislatively
implemented in Iowa Code 303.3C and Iowa Code 303.3D, the parties hereby enter into this
MOU. In consideration of the mutual covenants contained in this MOU, the sufficiency of
which is hereby acknowledged, the parties agree as follows:
SECTION 1. PURPOSE. The purpose of this MOU is to assist the Great Place in the cultivation
of the unique aspects of its community for the benefit of its citizens and the State, and to
outline the areas where the State and the agencies and boards under the direction and control
of the State (“Agencies” and “Boards”) may assist the Great Place in accomplishing the
objectives specified in the Great Place’s proposal dated 01/07/2018 (“Proposal”).
SECTION 2. IDENTIFICATION AND INCORPORATION OF VISION PLAN.
2.1 When used in this MOU, the term “Vision Plan” refers to the separate document
submitted in the Proposal and the steps, if any, that the Great Place and any appropriate
Agencies or Boards may take in furtherance of the Vision Plan.
2.2 The boundary map negotiated for this Great Place is attached hereto as Exhibit A
and is hereby incorporated into and made a part of this MOU. The parties may jointly
agree to amend, supplement, or modify the boundary map, either through an
amendment to this MOU or in connection with a Project for which funds are granted
pursuant to a Grant Agreement entered into by the parties, as defined and described in
Section 3 hereof.
2.3 The Great Place understands and acknowledges that a commitment by the
State, an Agency, Board, or other entity to assist the Great Place in the identification or
application for funding or financial assistance in the Vision Plan or elsewhere in this
MOU does not in any way constitute a guarantee that the Great Place will receive the
requested funding or financial assistance.
DocuSign Envelope ID: ADCFA704-D2FA-4B6B-8E06-1FC7B665CD6F
2
2.4 The Great Place understands and acknowledges that a commitment by the
State, an Agency, Board or other entity to consider or review legislative or regulatory
changes does not constitute a guarantee that the desired changes will ultimately be
enacted or adopted.
SECTION 3. GRANT AGREEMENT. As a condition precedent to receiving legally available funds,
if any, from the Iowa Great Places Program Fund (“Grant Funds”), the Great Place shall be
required to execute an Iowa Great Places Grant Agreement in the form provided by the
Department of Cultural Affairs (“Grant Agreement”), for each Project for which monies from the
Grant Funds are sought by the Great Place.
SECTION 4. RESPONSIBILITIES OF THE STATE. Pursuant to this MOU, the State agrees to do
the following:
4.1 The State shall direct Agencies and Boards to undergo the tasks assigned to them
pursuant to the Vision Plan.
4.2 The State, through the efforts of the Department of Cultural Affairs, shall
endeavor to promote projects and initiatives implemented by the Great Place resulting
from the Vision Plan through established networks.
4.3 The State, through the efforts of the Department of Cultural Affairs, shall provide
technical assistance and professional development resources on an annual basis to the
Great Place.
4.4 Nothing in this MOU shall obligate the State to provide Grant funds for any
Project; any obligation of the State to provide funding shall be governed by and subject to
the terms of the Grant Agreement.
SECTION 5. RESPONSIBILITIES OF THE GREAT PLACE. Pursuant to this MOU, the Great
Place agrees to do the following:
5.1 The Great Place shall implement the Proposal pursuant to the Vision Plan.
5.2 The Great Place shall be designated for five years, at which point they have the
option to apply for re-designation.
5.3 To the extent that the Great Place or its agents have previously received grants or
assistance from the State, a Board or Agency, the Great Place and its agents shall fulfill
those prior obligations. The Great Place acknowledges that failure to completely fulfill the
Great Place’s outstanding obligations for prior Board or Agency assistance may hinder or
preclude further assistance.
DocuSign Envelope ID: ADCFA704-D2FA-4B6B-8E06-1FC7B665CD6F
3
5.4 The Great Place shall participate in more than two qualifying Great Places
meetings, events or professional development opportunities as determined by the State
within the five-year designation period in order to maintain designation.
5.5 The Great Place shall be willing to be active participants in the Iowa Great Places
mentoring program for potential or newly designated communities as requested by the
State.
SECTION 6. DURATION. This MOU shall become effective on July 1, 2018, and shall be in effect
for a period of five (5) years (“Term”).
SECTION 7. TERMINATION FOR CAUSE.
7.1 The failure by the Great Place to make substantial, timely progress toward
performance of the obligations in the Vision Plan may constitute grounds for default.
However, an inability to complete a Proposal due to the failure to obtain necessary
funding shall not be grounds for default under this MOU.
7.2 If there is a default event, the State shall provide written notice to the Great
Place requesting that identified breaches or noncompliance be remedied. Such notice
shall state the date by which the breaches or noncompliance must be remedied. In the
event that the breaches or noncompliance continue to be evidenced beyond the date
specified in the written notice, the State may at its option:
7.2.1 Immediately terminate the MOU without additional written notice and
without penalty; or
7.2.2 Unilaterally revise the MOU or the Vision Plan to remove or otherwise
modify or affect the obligations of the Great Place and the State with respect to
the area of breach or noncompliance.
SECTION 8. TERMINATION FOR LACK OF FUNDS OR CHANGE IN LAW.
8.1 Notwithstanding anything in this MOU to the contrary, and subject to the
limitations, conditions, and procedures set forth below, the State shall have the right to
terminate this MOU without penalty and without future obligation, by giving thirty (30)
days written notice to the non-terminating party as a result of any of the following:
8.1.1 The Great Places Program legislation, currently codified as Iowa Code
303.3C and 303.3D, is repealed or substantially modified; or
8.1.2 There is a decision of any court or an arbitration panel, or any law, rule,
regulation or executive order is enacted, promulgated or issued, that materially
affects the ability of the Great Place, the State or the Department of Cultural
DocuSign Envelope ID: ADCFA704-D2FA-4B6B-8E06-1FC7B665CD6F
4
Affairs to fulfill its obligations under this MOU or the Grant Agreement or under
Iowa Code 303.3C or 303.3D.
SECTION 9. TERMINATION DUE TO GREAT PLACE’S ELECTION. Through the provision of
thirty (30) days written notice, the Great Place may forego its status as an Iowa Great Place. If
the Great Place chooses to do so, the Great Place acknowledges that it will no longer be
eligible for assistance which depends in whole or in part on the Great Place’s status as a
designated Great Place. If a Great Place chooses to forego its status as an Iowa Great Place,
the Great Place relieves the State, its Agencies and Boards from further obligations or
responsibilities under this MOU and the Vision Plan. By acting in such a manner, the Great
Place likewise is relieved of further obligation under this MOU and the Vision Plan.
SECTION 10. EFFECT OF TERMINATION. Termination of this MOU under the terms of
Sections 7, 8 or 9 hereof shall not operate to terminate any Grant Agreement the Great Place
may have entered into with the State, nor shall termination of the MOU override, remove or
otherwise affect any responsibility or obligation that the Great Place or its agents may have
agreed to assume either under a Grant Agreement or as a condition to receipt of any other
grant award or other assistance.
SECTION 11. CONTRACT ADMINISTRATION.
11.1 Amendments. This MOU may be amended in writing from time to time by
mutual consent of the Director or Director’s Designee and the Great Place. All
amendments to this MOU must be fully executed by the Director or Director’s Designee
and the Great Place.
11.2 Third Party Beneficiaries. There are no third party beneficiaries to this MOU.
This MOU is intended only to benefit the State and the Great Place.
11.3 Assignment and Delegation. This MOU is premised upon the Great Places
designation granted to the Great Place. Accordingly, this MOU may not be assigned,
transferred or conveyed in whole or in part.
11.4 Integration. This MOU, and any documents incorporated herein by reference,
represents the entire agreement between the parties. The Great Place represents and
agrees that it is not relying on any representations or covenants of the State except for
those expressly included in this MOU or in any Grant Agreement.
11.5 Not a Joint Venture. Nothing in this MOU shall be construed as creating or
constituting the relationship of a partnership, joint venture, or other association of any
kind between the parties hereto. Neither party shall have the authority to enter into
any contract or create an obligation or liability on behalf of, in the name of, or binding
upon the other party to this MOU.
DocuSign Envelope ID: ADCFA704-D2FA-4B6B-8E06-1FC7B665CD6F
5
11.6 Use of Third Parties. The Great Place acknowledges that the State, its
Agencies or Boards may contract with third parties for the performance of any of
State’s obligations under this MOU or the Vision Plan.
11.7 Delay or Impossibility of Performance. A party shall not be considered to be in
default under this Agreement if performance is delayed or made impossible by an act of
God, flood, fire, or other similar events beyond its control.
11.8 Notices. Any notices provided pursuant to this MOU shall be in writing and
delivered to the representative of the party to receive notice (identified below) at the
address of the party to receive notice as it appears below or as otherwise provided for
by proper notice hereunder. The effective date for any notice under this Agreement
shall be the date of mailing such notice.
If to the State: Department of Cultural Affairs
State Historical Building
Attn: Director or Director’s Designee
600 E. Locust St.
Des Moines, IA 50319
If to the Great Place: City of Dubuque
50 W 13th St
Dubuque, Iowa 52001-4845
11.9 Severability. If any provision of this MOU is determined by a court of
competent jurisdiction to be invalid or unenforceable, such determination shall not
affect the validity or enforceability of any other part or provision of this MOU.
11.10 Counterparts. The parties agree that this MOU has been or may be executed in
several counterparts, each of which shall be deemed an original and all such
counterparts shall together constitute one and the same instrument.
11.11 Governing Law and Forum. The laws of the State of Iowa shall govern and
determine all matters arising out of or in connection with this MOU without regard to
the choice of law provisions of Iowa law. In the event any court proceeding is
commenced in connection with this MOU, the proceeding shall be brought in Des
Moines, Iowa, in Polk County District Court for the State of Iowa, if such court has
jurisdiction. If however, such court lacks jurisdiction and jurisdiction lies only in a
United States District Court, the matter shall be commenced in the United States
District Court for the Southern District of Iowa, Central Division.
This provision shall not be construed as waiving any immunity to suit or liability, in state
or federal court, which may be available to DCA or the State of Iowa.
DocuSign Envelope ID: ADCFA704-D2FA-4B6B-8E06-1FC7B665CD6F
6
SECTION 12. EXECUTION
IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other
good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby
acknowledged, the parties have entered into the above Agreement and have caused their duly
authorized representatives to execute this Agreement.
Authorized Official of the Great
Place:
Roy D. Buol
\s1\ Date: \d1\
As the legal authorizing official of the Department, I agree to all terms and conditions outlined
above and certify that the information contained in this document, including all attachments,
is true and correct.
Director of the Department or Director’s
Designee: \s2\ Date: \d2\
DocuSign Envelope ID: ADCFA704-D2FA-4B6B-8E06-1FC7B665CD6F
8/13/2018 10:02:31 AM CDT
8/13/2018 11:25:04 AM PDT
DocuSign Envelope ID: ADCFA704-D2FA-4B6B-8E06-1FC7B665CD6F
SECTION 12. EXECUTION
IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other
good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby
acknowledged, the parties have entered into the above Agreement and have caused their duly
authorized representatives to execute this Agreement.
Authorized Official of the Great
Place:
Roy D. Buol
Date:
,xe4
As the legal authorizing official of the Department, I agree to all terms and conditions outlined
above and certify that the information contained in this document, including all attachments,
is true and correct.
Director of the Department or Director's
Designee:
Date:
6