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Iowa Department of Cultural Affairs Iowa Arts & Culture Marketing Grant Application and AwardCity of Dubuque City Council Meeting Consent Items # 7. Copyrighted November 15, 2021 ITEM TITLE: Iowa Department of Cultural Affairs Iowa Arts & Culture Marketing Grant Application and Award SUMMARY: City Manager recommending acceptance of a $15,000 grant award from the Iowa Department of Cultural Affairs Arts & Culture Marketing Grant program to support an umbrella communications campaign to capture and brand the uniqueness of Dubuque's creative and cultural assets, while emphasizing the safety protocols undertaken by the sector and communicating out the City's ongoing mitigation directives related to the COVID-19 pandemic. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Type Iowa Arts and Culture Marketing Grant Application- City Manager Memo MVM Memo Memo to MVM re Iowa Dept Cultural Affairs Marketing Staff Memo Grant Application and Award Application as Submitted to Iowa Dept of Cultural Supporting Documentation Affairs' Iowa Arts & Culture Marketing Grant Program Agreement for Signature —Iowa Dept of Cultural Affairs' Supporting Documentation Iowa Arts & Culture Marketing Grant THE CITY OF Dubuque DUB TEE All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Iowa Department of Cultural Affairs Iowa Arts & Culture Marketing Grant Application and Award DATE: November 5, 2021 Arts & Cultural Affairs Coordinator Jenni Petersen -Brant recommends City Council acceptance of a $15,000 grant award from the Iowa Department of Cultural Affairs Arts & Culture Marketing Grant program to support an umbrella communications campaign to capture and brand the uniqueness of Dubuque's creative and cultural assets, while emphasizing the safety protocols undertaken by the sector and communicating out the City's ongoing mitigation directives related to the COVID-19 pandemic. Iowa Arts & Culture Marketing Grants support efforts by arts and cultural organizations and other eligible entities to remarket their reopening or to publicize the resumption of activities and steps taken to ensure a safe experience re-engaging in creative and cultural experiences. In addition to the award made to the City's Office of Arts & Cultural Affairs, the following awards were made to Dubuque -based arts and cultural organizations and venues through the Iowa Department of Cultural Affairs' Iowa Arts & Culture Marketing Grant program: • Bell Tower Theater $10,800 • Creative Adventure Lab, Inc. $17,000 • Dubuque Chorale $3,200 • Dubuque County Historical Society $6,100 • Dubuque Museum of Art $9,500 • Five Flags Center Theatre $11,300 • Grand Opera House $8,000 • Heritage Center $18,000 • Julien Dubuque International Film Festival $3,500 • Loras College, Center for Dubuque History $1,500 • Steeple Square $8,800 I concur with the recommendation and respectfully request Mayor and City Council approval. k�4 Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jenni Petersen -Brant, Arts & Cultural Affairs Coordinator 2 Dubuque THE CITY OF DUB TE MI-Aneeiee Cft wNxawl � rvY:I Lk Y J ' ! I®► Masterpiece on the Mississippi 2007-2012.2013 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Jenni Petersen -Brant, Arts & Cultural Affairs Coordinator Economic Development Department Office of Arts & Cultural Affairs 1300 Main St Dubuque, IA 52001 Office (563) 589-4393 TTY (563) 690-6678 http://www.cityofdubuque.org SUBJECT: Iowa Department of Cultural Affairs' Iowa Arts & Culture Marketing Grant Application and Award DATE: November 4, 2021 INTRODUCTION The purpose of this memorandum is to seek acceptance of a $15,000 grant award from the Iowa Department of Cultural Affairs (IDCA) Arts & Culture Marketing Grant program to support an umbrella communications campaign to capture and brand the uniqueness of Dubuque's creative and cultural assets, while emphasizing the safety protocols undertaken by the sector and communicating out the City's ongoing mitigation directives related to the COVID-19 pandemic. BACKGROUND Iowa Arts & Culture Marketing Grants support efforts by arts and cultural organizations and other eligible entities to remarket their reopening or to publicize the resumption of activities and steps taken to ensure a safe experience re-engaging in creative and cultural experiences. Funding for this program was established with $1 million of Coronavirus Relief Funds from the CARES Act, directed to the department by Governor Kim Reynolds, Office of the Governor of Iowa, consistent with the Office's authority to provide economic relief to small businesses impacted by the public health emergency. The grant program seeks to recognize the vital role of arts and culture in strengthening local economies and communities. Requests of up to $20,000 could be submitted; no match was required. This new grant opportunity was announced on September 24, 2011. Staff made the City Manager aware of this opportunity and received authorization to apply via email prior to submission of the request on October 11, 2021. We were notified on October 27, 2021 of having received a $15,000 award of the $20,000 requested. DISCUSSION No single marketing campaign or strategy currently exists to collectively market the breadth and variety of creativity -based, culture -bearing events, venues, and experiences available in Dubuque. Furthermore, no single entity is charged with the mission to do this work. As a priority strategy outlined in Dubuque's Arts and Culture Master Plan, a public / private Branding & Communications task force has been working to fill that gap with the goal of developing and implementing a communications campaign that will be managed collaboratively by the City of Dubuque and Travel Dubuque. The task force mentioned above with input through community stakeholder focus groups in over 4-months in 2021 has developed a creative brief to guide the project scope and timeline. Based on the creative brief, this grant will support the development and implementation of a 2-phase communications campaign by a professional marketing firm to be secured through City RFP processes. Phase I would realize the creation of a name and tagline for the brand, a logo, branded graphic elements, messaging, branding standards, a user-friendly toolkit, and the establishment of an online presence. Phase I is scheduled to take place Jan -June 2022. Phase I costs are estimated at $15,000 per discussion with local vendor. Phase II would build out the digital presence established in Phase I into a robust and interactive website, purchase print and radio media buys, and produce general print collateral and `guerrilla marketing' pieces of bus wraps, stickers, postcards, and the like for distribution and adoption by local creatives. This work will occur July -September 2022. Phase II could cost up to $15,000 depending on scale of reach and features to be included per discussion with local vendor. Phase II scope will be tailored not to exceed funding secured. The IDCA grant provides a unique and unexpected opportunity to jump start this campaign with significant resources with the goal identify and retain a professional marketing firm for all or a single Phase of this work by December 31, 2021. In addition to the award made to the City's Office of Arts & Cultural Affairs, the following awards were made to Dubuque -based arts and cultural organizations and venues through the IDCA's Iowa Arts & Culture Marketing Grant program: • Bell Tower Theater $10,800 • Creative Adventure Lab, Inc. $17,000 • Dubuque Chorale $3,200 • Dubuque County Historical Society $6,100 • Dubuque Museum of Art $9,500 • Five Flags Center Theatre $11,300 • Grand Opera House $8,000 • Heritage Center $18,000 • Julien Dubuque International Film Festival $3,500 • Loras College, Center for Dubuque History $1,500 • Steeple Square $8,800 BUDGETIMPACT There is no new budget impact anticipated although all funding is not yet in hand for the project's full potential $30,000 budget. This IDCA award provides $15,000. $5,000 is allocated within our department as a previously approved FY 2021 carryovers for Arts & Culture. A Travel Iowa Tourism Grant is pending for $10,000 with notification expected on or before November 19, 2021. If the Travel Iowa grant is not successful, the aforementioned task force is identifying private stakeholders to invest in the campaign and/or the scope of work will be tailored accordingly. RECOMMENDATION/ACTION STEP I respectfully request approval of the Iowa Department of Cultural Affairs Iowa Arts & Culture Marketing Grant request and acceptance of the subsequent $15,000 award offer requiring the City Manager's signature. Cc: Jill Connors, Economic Development Director Jenny Larson, Director of Finance and Budget Brant, Jenni Iowa Arts Council Iowa Arts & Culture Marketing Grant Jenni Brant 695 Perry St Dubuque, IA 52003, United States 402-217-0015 jennibrant@gmail.com Submitted: October 11, 2021 Forms Primary Contact Information 12905343815 * indicates a required field Enter the contact information for the individual responsible for submitting, responding to questions and receiving communication regarding the application. 1. Primary Contact First Name Jenni 2. Primary Contact Last Name Petersen -Brant I Primary Contact Title Arts & Cultural Affairs Coordinator 4. Primary Contact Organization City of Dubuque 5. Primary Contact Email jbrant@cityofdubuque.org 6. Primary Contact Phone (563) 690-6059 Authorized Official Contact Information * indicates a required field Enter the contact information for the individual with the authority to legally obligate the applicant. This individual will receive award notification and be responsible for signing the grant agreement if awarded funding. 1. Authorized Official First Name Michael 2. Authorized Official Last Name Van Milligen 3. Authorized Official Title City Manager 4. Authorized Official Organization City of Dubuque 5. Authorized Official Email ctymgr@cityofdubuque.org 6. Authorized Official Phone (563) 589-4110 Applicant Detail - Arts Marketing Grant * indicates a required field The Iowa Arts Council reserves the right to request additional documentation to confirm statements and representations made below. 1. Applicant Type Select the eligible type of entity submitting the application. Division of municipal government physically located in Iowa 2. Applicant Name Enter the name of the nonprofit organization; publicly -owned venue, department or division of local government; or name of unit or venue within a higher education institution. Office of Arts & Cultural Affairs 3. Legal Name Enter the legal name of the applicant if different than the applicant name. City of Dubuque 4. DUNS Number (#########) The Data Universal Numbering System (DUNS) number is a unique nine -digit identification number provided by Dun & Bradstreet that verifies the existence of a business entity globally. This number is a required part of the application. To obtain your DUNS number or to request a DUNS number, please call the D&B D-U-N-S Request Service at 1-866-705-5711 or visit the website. 093105302 5. Iowa Arts Council Grantee Status New applicants will be asked to provide additional information in this application. Have you applied for and received funding from the Iowa Arts Council within the last 12 months through any of the following programs: Iowa Arts & Culture Recovery Grants, Resilience Grants, and/or Cultural Leadership Partners? No 5.1. Federal Employer ID # (##-#######) 42-6004596 5.2. Applicant Address 50 W 13th St 5.3. Applicant City Dubuque 5.4. Applicant State (XX) IA 5.5. Applicant County Dubuque 5.6. Applicant Zip Code (#####) 52001 5.7. Applicant Phone (563) 589-4100 5.8. Iowa Congressional District Enter the numeric Iowa Congressional District of the applicant. To find the Iowa Congressional District, visit the United States House of Representatives. Use the Find Your Representative form on the right side of the page to input your zip code information for an exact match. 1 5.9. Iowa Senate District Enter the numeric Iowa Senate District of the applicant. To find the Iowa Senate District, visit Find Your Legislator. Use the full address form on the right side of the page to input your address information for an exact match. 50 5.10. Iowa House District Enter the numeric Iowa House District of the applicant. To find the Iowa House District, visit Find Your Legislator. Use the full address form on the right side of the page to input your address information for an exact match. 100 5.11. Mission Statement Enter the mission statement of the eligible organization. The Office of Arts & Cultural Affairs, with oversight from the Arts and Cultural Affairs Advisory Commission, aims to strengthen access to diverse, equitable, and inclusive arts and cultural programming throughout the community while fostering sustainability and collaboration throughout the arts and culture sector. This work improves the quality of life for residents of Dubuque, attracts and retains a talented workforce, and cultivates a fertile ground for growth in creative entrepreneurship. 5.12. Discipline Select the primary discipline(s) of the organization or venue using a broad definition of each as the information will be used to track need and impact of funding. Multidisciplinary Arts 5.13. Years in Existence Enter the number of years the eligible organization or venue has been in existence. Round to the nearest whole number. 5.14. Financials For nonprofit organizations, upload the organization's most recently filed 990 or 990-N. For units of government and units of higher education, upload a statement of activities summarizing the revenues, costs, and expenses for the most recently completed fiscal year. DBQ Arts and Culture FY21 Actual.xlsx 6. Three Year Average Operating Expenses Enter the three year average operating expenses for the eligible organization or venue's most recently completed fiscal years. Round to the nearest whole number. 330665 Arts Marketing Grant Use of Funds * indicates a required field 1. Total Grant Request Enter the total numeric dollar amount of the grant request for eligible expenses that will be incurred within the eligible funding period. Round to the nearest hundred dollars. Do not include dollar signs, commas or decimals. 20000 2. Budget Form Detail eligible grant request expenses that will be incurred within the eligible funding period, including a brief expense description and the numeric dollar amount associated with each expense in the budget form below. Expense Description Cost Website Build -out 9000 Print Media Buys, State Cooperative Marketing Opportunities 4000 Radio Buys, IPR 3000 Miscellaneious Print and Guerrilla Marketing Pieces, such as postcards, stickers, bus wraps 4000 3. Use of Funds Eligible expenses must be directly tied to costs incurred to publicize the safe resumption of activities and/or to promote steps taken to ensure a safe experience at arts and cultural organizations due to the COVID-19 pandemic. Describe how the grant funds will be spent within the eligible funding period, including: • description of good(s) and/or service(s) to be acquired; • how the purchased goods and/or services will be used to remarket the recipient's safe reopening or to publicize the resumption of activities and steps taken to ensure a safe experience due to the public health emergency; and • the timeline of the marketing campaign and/or use of collateral material. The City of Dubuque seeks funding to create and initiate implementation of an umbrella communications campaign to capture and brand the uniqueness of Dubuque's creative and cultural assets, while emphasizing the safety protocols undertaken sector and communicating out the City's ongoing mitigation directives. This effort aims to comprehensively increase awareness of the diverse arts and cultures experiences available across our community and collectively amplify the sector's economic impact as a tourism driver in support of the sector and the community's recovery from the economic and social impacts of COVID-19. No single campaign or strategy currently exists to collectively market the breadth and variety of creativity -based, culture -bearing events, venues, and experiences available in Dubuque. Furthermore, no single entity is charged with the mission to do this work. We believe it is important to take up this work in the wake of COVID-19 to highlight social reconnection and reimagination the arts and culture sector offers, while drawing particular attention to the outdoor events and open-air public art experiences that exist in Dubuque. As a priority strategy outlined in Dubuque's Arts and Culture Master Plan, a public / private Branding & Communications task force is working to fill that gap by developing and implementing a communications campaign that will be managed collaboratively by the City of Dubuque and Travel Dubuque (our local CVB), with advocacy for adoption by community partners through the public / private task force mentioned. The project is divided into 2 main phases, with preliminary discovery work done with focus groups in the Summer 2021 to develop a project brief that will hire a professional marketing firm to develop collateral noted below. We have $5,000 seed funding from the City and have sought an additional $10,000 for Phase I through a Travel Iowa Tourism grant to realize the creation of a name and tagline for the brand, a logo, branded graphic elements, messaging, branding standards, a user-friendly toolkit, and the establishment of an online presence. Phase I is scheduled to take place Jan -June 2022. Phase II funding, which we request from the Iowa Arts Council, will build out the Phase I digital presence into a robust and interactive website, purchase print and radio media buys, and produce general print collateral and `guerrilla marketing' pieces of bus wraps, stickers, postcards, and the like for distribution and adoption by local creatives. This work will occur July -September 2022. We anticipate funding notification from Travel IA and IAC within November 2021, and will finalize our RFP by mid - November 2021 to hire and contract with a single marketing firm by December 31, 2021 for both phases. If we do not receive the full Phase I funding from Travel IA, private sources will be secured and / or IAC's funding will be considered to support a portion of each phase. 4. Estimated Reach Describe the estimated reach of the marketing campaign and/or collateral material, including: • demographics of the target audience; and • expected geographic reach. Our preliminary work in developing a project brief informed by a diverse group of community members. Engagement included the collection of 'Perceptions of Dubuque's Arts & Culture Sector' surveys conducted in 2019 by Loras College students and another in 2020 by the previously noted Branding & Communications task force; surveys garnered 300+ responses. From April through July of 2021, the task force convened representatives of the for -profit and nonprofit creative sector, economic development and business professionals, and marketing experts. Those convened represented Gen X to Seniors, LGBTQ+, BIPOC, and varying socio-economic levels. This work led us to a draft project brief that identified the following would be characteristics of our target audience for this campaign: - Individuals, residents and tourists alike, primed to engage in the community's cultural experiences (doers) and highlight / shape Dubuque's cultural identity (arts and culture people who don't yet realize they are arts and culture people) - Residents who will become ambassadors, embracing arts and culture's strength in creating a sense of belonging, welcoming, inclusion - People who lean towards arts and other types of participatory leisure and enrichment experiences outside of the home - Young professionals and creative entrepreneurs interested in a cool and inclusive place to live, work, and play - 25-45 year olds In aligning our campaign with the Iowa Economic Development Authorities target audiences, we see our campaign as reaching: - Young adults (Gen Z and Millennials ages 22-29) looking to start and/or grow a career and gain new experiences - Young families (Millennials and Gen X ages 30-39) wanting to make family memories and discover a work/life balance - Middle-aged adults (Gen X and Boomers ages 40-55) with disposable income that may recommend Iowa to younger generations Our project seeks to create a new promotional collective that supports the vitality of established cultural assets and cultivates the emergence of new experiences. As a priority of the Dubuque City Council, having diverse arts and culture experiences requires that mechanisms are in place to maintain current assets and encourage new ones to take hold. We see this project as one of the missing mechanisms and look forward to filling gaps to help sustain assets and connect with new audiences. As we are working in partnership with Travel Dubuque on this campaign, we anticipate that the our reach will mimic theirs, with primary reach of within 200 miles of Dubuque. Major destination marketing efforts will reach significant population centers such as Des Moines / Ames, Cedar Rapids / Iowa City, the Quad Cities, Madison, and Chicago. We anticipate extended reach to major regional arts destinations such as Omaha, Minneapolis / St. Paul, and Kansas City. 5. Equity Consideration The Iowa Department of Cultural Affairs strives to create and invest in programs and services that represent the full diversity of Iowa's arts and culture community. Does the organization self -identify as one that is led by and/or primarily serves one or more of the following historically under-resourced populations: community of color, living in an eligible rural county, and/or low socioeconomic status? No Minority Impact Statement * indicates a required field Pursuant to 2008 Iowa Acts, HF 2393, Iowa Code Section 8.11, grant applications submitted to the State of Iowa shall include a Minority Impact Statement. This is the state's mechanism to require grant applicants to consider the potential impact of the grant project's proposed programs or policies on minority groups. Please choose the statement that pertains to this grant application. Complete all the information requested for the chosen statement. The proposed grant project programs or policies could have a disproportionate or unique positive impact on minority persons. 1.1. Describe the positive impact expected from this project. DEI is infused in all of the City's work from recruitment to communications to service delivery, thus it is anticipated this new position will positively impact minority populations. 1.2. Indicate which group is impacted. Any vulnerable population 2. Certification I hereby certify that the information on this form is complete and accurate, to the best of my knowledge. Authorized Official Assurances * indicates a required field The authorized official of the applicant is the individual legally responsible for the applicant such as the executive director, board chair or mayor. If the applicant is an individual artist, the authorized official is the individual artist. I, as the authorizing official of the applicant, have read and understand the program guidelines and department funding policies. I understand and confirm this statement. 2. I, as the authorizing official of the applicant, certify that all representations and statements made in this application are true and correct. I understand and confirm this statement. 3. I, as the authorizing official of the applicant, understand that all information and material submitted with this application is a public record. I understand and confirm this statement. 4. I, as the authorizing official of the applicant, agree to acknowledge the Iowa Arts Council and/or the Iowa Department of Cultural Affairs' support in all materials and announcements, audio and visual, for all grant funded activities according to published logo and credit line guidelines. I understand and confirm this statement. 5. I, as the authorizing official of the applicant, request subscription to the Iowa Arts Council Newsletter. I understand and confirm this statement. 6. Authorizing Official Name Mike Van Milligen 7. Authorizing Official Title City Manager 8. Authorized Official Signature Upload a document with the signature of the Authorized Official and statement confirming authorization of this application. Authorization to Apply_.pdf Printed October 11, 2021 03:49 CST/CDT ►OOM �. `1. THE CITY OF Ur B TE Masterpiece on the Mississippi October 11, 2021 Dear Iowa Arts Council, Dubuque City Manager's Office City Hall MI-AnePinMy 50 West 13th Street Dubuque, IA 52001-4845 Office (563) 589-4110 ®� Fax (563) 589-4149 2007-2012.2013 TTY (563) 690-6678 2017 * 2019 ctymgr@cityofdubuque.org www.cityofdubuque.org As the City Manager for the City of Dubuque, I confirm authorization of City of Dubuque's Office of Arts & Cultural Affairs application to the Iowa Arts Council's Arts & Culture Marketing Grant opportunity. I understand this application is being submitted by Jenni Petersen -Brant, Arts & Cultural Affairs Coordinator, requesting $20,000 in funding for a broad arts and culture communications campaign to market Dubuque's creative assets and experiences. Sincerely, 2icael C. Van kM �il I i4g e A City Manager City of Dubuque, IA DocuSign Envelope ID: 95A9392E-F217-4CA3-BOB8-CDEBC3CA2E21 IOWA DEPARTMENT OF CULTURAL AFFAIRS Article 1. Grant Information. IOWA ARTS & CULTURE MARKETING GRANT IOWA ARTS COUNCIL Fiscal Year: 2022 Grant Award: $15,000.00 Grant Number: 202210-11356 Final Report Due 02-01-2022 Date: Start Date: 05-01-2021 End Date: 12-31-2021 Program: Iowa Arts & Culture Marketing Grant Grantee: City of Dubuque Office of Arts & Cultural Affairs Project Title: Marketing Expenses Funding Source: This grant is a subaward under the Coronavirus Relief Fund created by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). 42 U.S.C. 801. The funding was directed to the Iowa Department of Cultural Affairs by Governor Kim Reynolds in the amount of $1,000,000 in September 2021 for subgranting to cover necessary expenditures incurred due to the COVID-19 public health emergency, including second -order effects of the emergency, such as the remarketing and publicizing of the resumption of activities and steps taken to ensure a safe experience due to the public health emergency. Subawards are subject to 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The amount of this grant award directly supported by federal funds is $15000. Article 2. Identification of Parties. The grant agreement is made between the Iowa Department of Cultural Affairs, 600 East Locust St, Des Moines, Iowa 50319 and the Grantee: Grantee: City of Dubuque Office of Arts & Cultural Affairs Great Place: Acting Entity: City of Dubuque Office of Arts & Cultural Affairs Grantee DUNS: 093105302 Authorized Official: Michael Van Milligen Primary Contact: Jenni Petersen -Brant Address: 50 W 13th St City, State Zip: Dubuque, Iowa 52001 WHEREAS, the Department is a public instrumentality of the State of Iowa charged with the administration of the Program and, through its Director or Director's Designee, is authorized to make and sign any contracts and agreements and perform any acts which may be necessary, desirable, or proper to carry out the purposes of the Department pursuant to Iowa Code section 303.1A, and; WHEREAS, the Grantee is an entity legally recognized and located in the State of Iowa and, through its Authorized Official, is authorized to make and sign any contracts and agreements and perform any acts IOWA DEPARTMENT OF CULTURAL AFFAIRS STATE HISTORICAL BUILDING • 600 E. LOCUST ST. • DES MOINES, IA 50319 DocuSign Envelope ID: 95A9392E-F217-4CA3-BOB8-CDEBC3CA2E21 which may be necessary, desirable or proper to carry out the conditions of this Agreement, the Department and the Grantee hereby agree as follows: Article 3. Definitions. 3.1 Acting Entity means the fiscally sponsored party or an alternative name for the Grantee. 3.2 Agent means affiliate, employees, officers, and any other persons affiliated with the Grantee. 3.3 Agreement means this document. 3.4 Application means the formal request submitted to the Department on official forms published by the Department for funding that outlines the Project and meets the requirements of the Program. 3.5 Authorizing Official means the individual with the authority to legally obligate the Grantee to this Agreement. 3.6 Department means the Iowa Department of Cultural Affairs. 3.7 Director means the individual with the authority to legally obligate the Department to this Agreement. 3.8 Director's Designee means the individual designated by the Director to have the authority to legally obligate the Department to this Agreement. 3.9 End Date means the termination date of this Agreement and the final date to execute fiscal and programmatic activity related to the Project. 3.10 Final Report means the formal report submitted to the Department on official forms published by the Department that outlines the final work, services and budget that was accomplished as a result of the Grant Award. The Final Report is not an Application. 3.11 Grant Award means an award of funding provided by the Department to the Grantee to support the Project outlined in the Application. 3.12 Grantee means recipient of the Grant Award from the Department. 3.13 Grant Funds means the full or partial amount of the Grant Award. 3.14 Payment Request Form means the formal request for payment submitted to the Department by the Grantee on official forms published by the Department that outlines the work, services budget and use of funds to date that was accomplished as a result of the Grant Award. The Payment Request Form is not an Application or Final Report. 3.15 Primary Contact means the individual representing the Grantee to whom questions and concerns about this Agreement will be addressed. IOWA DEPARTMENT OF CULTURAL AFFAIRS STATE HISTORICAL BUILDING • 600 E. LOCUST ST. • DES MOINES, IA 50319 DocuSign Envelope ID: 95A9392E-F217-4CA3-BOB8-CDEBC3CA2E21 3.16 Program means a scheme created and managed by the Department to administer Program Fund. 3.17 Program Fund means the monies available to the Department for execution of the Program including any federal funding identified in Article 1 of this Agreement. 3.18 Project means the detailed work, services and budget to be accomplished by the Grantee as described in the Application and this Agreement. 3.19 Start Date means the beginning date of this Agreement and the first date to execute fiscal and programmatic activity related to the Project. 3.20 State means the State of Iowa. Article 4. Grant Funds. 4.1 Funding Source. Grant Funds for the Project are limited to those monies appropriated and legally available to the Department in the Program Fund. The funds of the State, other than those of the Program Fund, are not obligated or available to meet any obligations of the Department created by this Agreement. This Agreement shall not constitute an obligation or debt of the Department or the State. 4.2 Maximum Payments. The Grant Award shall be the maximum amount disbursed by the Department to the Grantee for Project costs and expenses. The Department's ultimate financial responsibility under this Agreement will not exceed the Grant Award. 4.3 Disbursement of Funds. The Department shall disburse the full amount of the Grant Award to the Grantee upon execution of this Agreement. The Grantee shall be the sole authority to claim and receive any disbursements. 4.4 Disallowed Costs. Grant Funds shall not be used for payment of costs or expenses incurred by any Grantee that does not meet requirements set forth in the Program or that are incurred prior to the Start Date or after the End Date of this agreement. Grantee must adhere to all federal requirements including those noted in Article 1 of this Agreement if Grant Funds are direct federal subawards or subawards made as state cost share to federal funds as noted in Article 1 of this Agreement. Any costs or expenses which are determined to be unallowable by the Department shall be returned by the Grantee to the Department within thirty (30) days of notice of the disallowance. Except to the extent barred by law, Grantee retains responsibility for demonstrating eligibility of costs and expenses, and will hold the Department harmless for any audit disallowance related to the eligibility of costs and expenses, including repayment of ineligible amounts. Article 5. Terms of the Grant. 5.1 Effective Dates. The Agreement becomes effective upon signature by the Director of the Department or Director's Designee and the Authorized Official of the Grantee. IOWA DEPARTMENT OF CULTURAL AFFAIRS STATE HISTORICAL BUILDING • 600 E. LOCUST ST. • DES MOINES, IA 50319 DocuSign Envelope ID: 95A9392E-F217-4CA3-BOB8-CDEBC3CA2E21 5.2 Independent Entity. No Agent of the Grantee shall be deemed an Agent of the Department. The Grantee is solely and entirely responsible for its acts and the acts of its Agents during the performance of this Agreement. 5.3 Non -Assignment. The Grantee will not assign this Agreement or otherwise transfer any of its rights hereunder or delegate any of its obligations hereunder, without the prior written consent of the Department. Any such attempted assignment, transfer or delegation without the Department's prior written consent shall be void. 5.4 Compliance with Laws and Regulations. The Grantee and its Agents shall comply with all applicable federal, state, international, and local laws, rules, ordinances, codes, regulations and orders when performing within the scope of this Agreement. 5.5 Equal Opportunity and Accessibility. The Grantee and its Agents shall not discriminate on the basis of age, associational preference, color, creed, disability, gender, national origin, race, religion, sex or sexual orientation against any party when performing within the scope of this Agreement. All parties involved in the Project and their Agents shall comply with Title VI of the Civil Rights Act of 1964, Title 26 of the Fair Labor Standards Act, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. 5.6 Department Policies, Guidelines, Rules. The Grantee and its Agents shall abide by all applicable published Department policies, procedures, guidelines and rules when performing the scope of this Agreement. These policies, procedures, guidelines, and rules include but are not limited to Iowa Arts Council Funding Policies, the Iowa Arts Council Grantee Handbook, Iowa Code chapter 303, and Iowa Administrative Code chapters 221 and 222. 5.7 Execution of Project. The Grantee shall execute the Project, including use of the Grant Award and all other fiscal and programmatic activity, as described in this Agreement and the Application. The Grantee shall execute the Project between the Agreement's State Date and End Date. 5.8 Department Access. Upon written request, the Grantee shall provide the Department access to the Project for the purpose of observation, evaluation or to provide appropriate Department representation. 5.9 Acknowledgement. In all promotion, publicity, advertising, the Grantee shall recognize and acknowledge the financial contribution of the Department, State agency, and, if applicable, Federal agency to the Project using published or provided credit lines and logos as described in the Grantee Handbook or in a different manner acceptable to the Department. 5.10 Payment to Service Providers. The Grantee agrees to pay service providers specified in the Application when services are rendered to execute the Project no later than the End Date of this Agreement. 5.11 Modification. Neither this Agreement nor any documents incorporated by reference in connection with this Agreement may be changed, waived, modified, amended or discharged except through a writing executed by both parties. All substantial modifications to the Project as described in IOWA DEPARTMENT OF CULTURAL AFFAIRS STATE HISTORICAL BUILDING • 600 E. LOCUST ST. • DES MOINES, IA 50319 DocuSign Envelope ID: 95A9392E-F217-4CA3-BOB8-CDEBC3CA2E21 the Application must be submitted in writing to the Department by the Grantee. The Department will consider whether an amendment request is so substantial as to necessitate re-evaluating the Department's decision to provide a Grant Award for the Project. An amendment will be denied by the Department if it substantially alters the circumstances under which the Project funding was originally approved or if it does not meet requirements set forth in the Program. 5.12 Extensions. The Department does not approve extension requests for the Project beyond the End Date of this Agreement. 5.13 Cancellations. The Grantee must submit written notification to the Department if the Project is cancelled. In such an event, the Grantee shall return the full Grant Award to the Department within thirty (30) days of the written notification and no later than the Final Report Due Date. If the Grantee is unable to fulfill this Agreement by virtue of any act or regulation of any public authority, or on the account of any rule or order of any military or civil authority, or on account of any war or other national or state -declared emergency, or because of labor strike, riot, epidemic, act of God, or any similar cause beyond his or her control, the Grantee shall be excused from performance of the terms of this Agreement to the extent such performance is prevented. In such an event, the Grantee shall promptly return to the Department any unexpended or unobligated Department funds. 5.14 Record Retention and Access. The Grantee shall maintain its books, documents and records that sufficiently and properly document the Grantee's receipt and use of Grant Funds under this Agreement for a period of at least three (3) years following the End Date. The Grantee shall permit the Auditor of the State or any authorized representative of the State, at no charge, to access and examine, audit, excerpt and transcribe any pertinent books, documents, or electronic or optically stored and created records or other records relating directly or indirectly to the Project or Grant Award. If the Grant Award is funded with federal funds, the Grantee must submit an audit report to the Department if the Grantee has received $750,000 or such other amount as may be set forth by applicable federal law or rule in federal funds for the fiscal year the Grant Award is received and expended. 5.15 Final Report. The Grantee must submit a Final Report and unspent Grant Funds to the Department on official forms provided by the Department by the Final Report Due Date. The Grantee will be placed on a Department -wide funding moratorium of no less than one (1) year if the Final Report and/or unspent Grant Funds are not submitted to the Department by the Final Report Due Date. The Department may initiate legal proceedings for the return of Grant Funds. The Grantee must submit a Final Report by the Final Report Due Date regardless of modification, cancellation or extension to the Project. 5.16 Public Record and Copyright. The Grantee acknowledges that all material including attachments submitted in the Application, this Agreement and the Final Report are public record. The Grantee retains copyright to all submitted material and acknowledges the Department shall use any or all of the material including attachments to acknowledge or present the work of the Department or Program. Article 6. Indemnification. 6.1 Indemnification by Grantee. The Grantee and their successors and permitted assigns shall defend, protect, indemnify and hold harmless the Department, the State and their Agents IOWA DEPARTMENT OF CULTURAL AFFAIRS STATE HISTORICAL BUILDING • 600 E. LOCUST ST. • DES MOINES, IA 50319 DocuSign Envelope ID: 95A9392E-F217-4CA3-BOB8-CDEBC3CA2E21 ("Indemnitees") from and against any and all claims, actions, suits, liabilities, damages, losses, settlements, demands, deficiencies, judgments, costs and expenses (including, without limitation, the reasonable value of time of the Attorney General's Office and the costs, expenses and attorney fees of other counsel retained by any Indemnitee) by third parties, the Grantee, or the Department directly or indirectly related to, resulting from, or arising out of this Agreement ("Claims"), including, but not limited to, any Claims related to, resulting from, or arising out of: (a) Any violation or breach of any term or condition of this Agreement by or on behalf of any Grantee, including, without limitation, the furnishing or making by any Grantee of any statement, representation, warranty or covenant in connection herewith, that is false, deceptive, or materially incorrect or incomplete; or (b) Any act or omission of any Grantee, including, without limitation, any negligent acts or omissions, intentional or willful misconduct, or unlawful acts of any Grantee or their Agents; or (c) Any Grantee's performance or attempted performance of this Agreement; or (d) Failure by any Grantee or their Agents to comply with any applicable local, state, federal and international laws, rules, ordinances and regulations; or (e) Any failure by Grantee or Grantee Contractors to make any reports, payments, withholdings, or provide any insurance required by federal and state law, including with respect to Social Security, unemployment compensation, workers compensation, employee income, the Affordable Care Act, sales taxes, excise taxes, income taxes, property taxes, and/or other taxes, fees, or costs required by Grantee or Grantee Contractors to conduct business in the State; or (f) Any claim for wages, benefits, compensation, insurance, discrimination, or other similar claims asserted against the Office or the State of Iowa by any Grantee Personnel, or any claim, penalties, or fines made, levied, assessed, or imposed by another governmental entity or any Grantee Personnel against the Office or the State of Iowa in any way related to or involving the misclassification of employees as independent contractors or any allegations or findings of the existence of a joint - employment relationship involving any Grantee Personnel; (g) Any claim of misappropriation of a trade secret or infringement or violation of any intellectual property rights, proprietary rights, or personal rights of or made by Grantee, Grantee Contractors, Grantee Personnel, or any third party, including any claims related to the violation or misappropriation of any patent, copyright, trade secret, trademark, trade dress, mask work, utility design, or other proprietary right. 6.2 Survival of Indemnification. The Grantee's duties as set forth in this Article 6 shall survive the termination of this Agreement and shall apply to all acts or omissions taken or made in connection with the performance of this Agreement regardless of the date any potential Claim is made or discovered by the Department or any other Indemnitee. 6.3 Defense of Claim. The Department shall control the defense of any claim against the Department. The Department may, at its option, tender the defense to Grantee in which case it shall reasonably cooperate with the Grantee to facilitate the defense of any Claim against the Department. Even if the Department chooses to tender the defense, the Department reserves the right to participate in such defense to the extent the Department, in its sole discretion, determines to be in the best interests of the State. IOWA DEPARTMENT OF CULTURAL AFFAIRS STATE HISTORICAL BUILDING • 600 E. LOCUST ST. • DES MOINES, IA 50319 DocuSign Envelope ID: 95A9392E-F217-4CA3-BOB8-CDEBC3CA2E21 Article 7. Termination. 7.1 Termination for Cause by Department. The Department may terminate this Agreement upon written notice for the breach by any Grantee of any material term, condition, provision or covenant of this Agreement, if such breach is not cured within the time period specified in Department's notice of breach or any subsequent notice or correspondence delivered by the Department to The Grantee, provided that cure is feasible. In addition, the Department may terminate this Agreement effective immediately without penalty and without advance notice or opportunity to cure for any of the following reasons: (a) Any Grantee furnishes any statement, representation, warranty or certification in connection with this Agreement that is false, deceptive, misleading or materially incorrect or incomplete; (b) Any Grantee or any Grantee's Agent has committed or engaged in fraud, misappropriation, embezzlement, malfeasance, misfeasance, or bad faith; (c) Dissolution of any Grantee or any parent or affiliate of Grantee owning a controlling interest in any Grantee, or termination or suspension of any Grantee's business; (d) Any Grantee's corporate existence or good standing in Iowa is suspended, terminated, revoked or forfeited; (e) Any Grantee has failed to comply with any applicable international, federal, state, or local laws, rules, ordinances, regulations or orders when performing within the scope of this Agreement; (f) The Department determines or believes any Grantee has engaged in conduct that has or may expose the Department or the State to material liability; (g) Any Grantee or any corporation, shareholder or entity having or owning a controlling interest in any Grantee: (i) becomes insolvent or bankrupt; (ii) admits in writing its inability to pay its debts as they mature; (iii) makes an assignment for the benefit of creditors; (iv) applies for or consents to the appointment of a trustee or receiver for the Grantee or for the major part of its property; (v) has a trustee or receiver appointed for it or for all or a substantial part of its assets, and the order of such appointment is not discharged, vacated or stayed within sixty (60) days after such appointment; or (vi) bankruptcy, reorganization, arrangement, insolvency, or liquidation proceedings or other proceedings for relief under any bankruptcy or similar law or laws for the relief of debtors, are instituted by or against any Grantee and, if instituted against Grantee is consented to, or, if contested by any Grantee, is not dismissed by the adverse parties or by an order, decree or judgment within sixty (60) days after such institution; (g) In the Department's sole determination, any Grantee has not made substantial progress toward completion of the Project within one hundred eighty (180) days after the Start Date, or if any Grantee fails to complete the Project by the End Date; (h) In the Department's sole determination, the Project is not operated and maintained at a professional level consistent with the highest standards applicable in Grantee's industry, or is no longer serving and providing a public use or benefit consistent with the public purposes forming the basis for the Grant Award; (i) If the Grantee expends the Grant Award for purposes other than for payment of approved costs and expenses; and (j) The Grantee fails to receive all required matching funds and other funds, besides the Grant Award, necessary to complete the Project under the terms of this Agreement. 7.2 Termination Due to Lack of Funds or Change in Law. Notwithstanding anything in this Agreement to the contrary, the Department shall have the right to terminate this Agreement immediately, without penalty and without advance notice, as a result of any of the following: IOWA DEPARTMENT OF CULTURAL AFFAIRS STATE HISTORICAL BUILDING • 600 E. LOCUST ST. • DES MOINES, IA 50319 DocuSign Envelope ID: 95A9392E-F217-4CA3-BOB8-CDEBC3CA2E21 (a) The Legislature or Governor of the State fails to appropriate or the National Endowment for the Arts fails to award funds sufficient in the sole opinion of the Department to allow the Department either to meet its obligations under this Agreement or to operate as required to fulfill its obligations under this Agreement. (b) Program Funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make disbursement hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion. (c) The Department's authorization to conduct its business or engage in activities or operations related to the subject matter of this Agreement is withdrawn or materially altered or modified, or if the Department's duties, programs or responsibilities are modified or materially altered. (d) There is a decision of any court, administrative law judge or an arbitration panel or any law, rule, regulation or order is enacted, promulgated or issued that materially or adversely affects the Department's ability to fulfill any of its obligations under this Agreement. 7.3 Non -Exclusive Remedy. The Department's right to terminate this Agreement shall be in addition to and not exclusive of other remedies available to the Department, and the Department shall be entitled to exercise any other rights and pursue any remedies, in law, at equity, or otherwise. 7.4 Effect of Termination. (a) If this Agreement is terminated by the Department pursuant to Article 7.1 hereof, the Grantee shall repay all Grant Funds received by the Grantee within thirty (30) days of the Department's written request; (b) If this Agreement is terminated by the Department pursuant to Article 7.2 hereof, or by agreement of the parties pursuant to Article 7.3 hereof, disbursements shall be paid for approved, documented Project costs and expenses incurred by the Grantee through the Termination date within thirty (30) days of receipt by the Department of documentation for such costs and expenses, subject to legally available Grant Funds. Any costs and expenses which are subsequently determined to be unallowable through audit procedures shall be returned by the Grantee to the Department within thirty (30) days of notice of the disallowance. Article 8. General Terms and Provisions. 8.1 Severability. Each provision of this Agreement shall be deemed to be severable from all other provisions of the Agreement and, if one or more of the provisions of the Agreement shall be declared invalid, the remaining provisions of the Agreement shall remain in full force and effect. 8.2 Choice of Law and Forum. The laws of the State shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the proceeding shall be brought in Des Moines, Iowa, in Polk County District Court for the State, 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 the Department or the State. 8.3 Waivers. Except as specifically provided for in a waiver signed by duly authorized representatives of the Department and the Grantee, failure by either party at any time to require performance by the IOWA DEPARTMENT OF CULTURAL AFFAIRS STATE HISTORICAL BUILDING • 600 E. LOCUST ST. • DES MOINES, IA 50319 DocuSign Envelope ID: 95A9392E-F217-4CA3-BOB8-CDEBC3CA2E21 other party or to claim a breach of any provision of this Agreement shall not be construed as affecting any subsequent breach or the right to require performance with respect thereto or to claim a breach with respect thereto. No term or condition of this Agreement shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties hereto. 8.4 Cumulative Rights. The various rights, powers, options, elections and remedies of the Department and the State provided in this Agreement shall be construed as cumulative and no one of them is exclusive of the others or exclusive of any rights, remedies or priorities allowed the Department and the State by law, and shall in no way affect or impair the right of the Department or the State to pursue any other contractual, equitable or legal remedy to which the Department or the State may be entitled. The election by the Department or the State of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. 8.5 Limitation of Financial Obligation. It is agreed by the Grantee that the Department shall not, under any circumstances, be obligated financially under this Agreement except to disburse Grant Funds according to the terms of the Agreement. 8.6 Enforcement Expenses. The Grantee shall pay upon demand any and all reasonable fees and expenses of the Department, including the fees and expenses of the Department's attorneys including, without limitation, the reasonable value of time of the Attorney General's Office, experts and agents, in connection with the enforcement of any of the rights of the Department under this Agreement. 8.7 Event of Department Dissolution. The Grantee hereby acknowledges that the Department is a public instrumentality of the State and that in the event that the Department is dissolved for any reason, the State is entitled to enforce any right, title or interest held by the Department hereunder, and all of Grantee's obligations hereunder are owed to the State. 8.8 Survival. The parties' rights and obligations under Articles 5.3, 5.4, 5.14, 6, 7.4, 8.2, 8.4, 8.5, 8.6, 8.7, and 8.9 shall survive expiration or termination of this Agreement for any reason. 8.9 Final Authority. The Department shall have the final authority to assess whether the Grantee has complied with the terms of this Agreement. The Department's decision shall be final agency action and binding on all questions concerning the Grantee's compliance with the terms hereof. 8.10 Documents Incorporated by Reference. Attachment A: Iowa Arts & Culture Marketing Grant Fiscal Year 2022 Guidelines Attachment B: Grantee's Iowa Arts & Culture Marketing Grant Application Attachment C: Grantee's Award Letter Attachment D: Department Funding Policies 8.11 Order of Priority. Articles 1-8.15 of this Agreement Attachment A: Iowa Arts & Culture Marketing Grant Fiscal Year 2022 Guidelines Attachment B: Grantee's Iowa Arts & Culture Marketing Grant Application Attachment C: Grantee's Award Letter IOWA DEPARTMENT OF CULTURAL AFFAIRS STATE HISTORICAL BUILDING • 600 E. LOCUST ST. • DES MOINES, IA 50319 DocuSign Envelope ID: 95A9392E-F217-4CA3-BOB8-CDEBC3CA2E21 Attachment D: Department Funding Policies 8.12 Not a joint Venture. Nothing in this Agreement shall be construed as creating or constituting the relationship of a partnership, joint venture, or other association of any kind or agent/principal relationship between the parties hereto. No party, unless otherwise specifically provided for herein, has the authority to enter into any agreement or create an obligation or liability on behalf of, in the name of, or binding upon, another party to this Agreement. 8.13 Third Party Beneficiaries. There are no third -party beneficiaries to this Agreement. 8.14 Time is of the Essence. Time is of the essence with respect to Grantee's performance of its obligations under this Agreement. 8.15 Integration. This Agreement contains the entire understanding between the Grantee and the Department and any representations that may have been made before or after the signing of this Agreement, which are not contained herein, are nonbinding, void and of no effect. Neither of the parties has relied on any such prior representation in entering into this Agreement. IOWA DEPARTMENT OF CULTURAL AFFAIRS STATE HISTORICAL BUILDING • 600 E. LOCUST ST. • DES MOINES, IA 50319 10 DocuSign Envelope ID: 95A9392E-F217-4CA3-BOB8-CDEBC3CA2E21 Signatures The digital signatures below legally obligate the authorizing official of the Grantee and the Director of the Department or Director's Designee to this agreement. As the legal authorizing official of the Grantee, 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. Authorized Official of the Grantee: Dat 11/15/2021 Michael Van Milligen w, e: 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 Dat Director's Designee: e: IOWA DEPARTMENT OF CULTURAL AFFAIRS STATE HISTORICAL BUILDING • 600 E. LOCUST ST. • DES MOINES, IA 50319 11 DocuSign Envelope ID: 95A9392E-F217-4CA3-BOB8-CDEBC3CA2E21 IOWA DEPARTMENT OF VENDOR CREATE / UPDATE FORM CULTURAL AFFAIRS Vendor Create / Update Form In order for the State of Iowa to pay the amount that is due to you and to comply with the Internal Revenue Service regulations on reporting these payments, the following information is required. Failure to provide this information will result in withholding of payment. When you file tax forms with the IRS, how do you describe yourself / your organization? Please choose one and only one of the following: Individual Non -Profit Organization Sole Proprietor LLC Filing as Partner Corporation LLC Filing as Corp Estate or Trust LLC Filing as Sole Proprietor Government Enter your IRS description here: Government Please confirm your contact information and provide your tax ID: Contractor Name Doing Business As Street Address City State Zip FEIN / SSN (include dashes) Certification Must Be Signed By Vendor City of Dubuque Ottice of Arts & Cultural Attairs 50 W 13th St Dubuque Iowa 52001 42-6004596 Under penalties of perjury, I certify that the number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me) The digital signature below serves as the grantee's / vendor's legal signature to this document. Grante e: Date: 11 /15/2021 r IOWA DEPARTMENT OF CULTURAL AFFAIRS STATE HISTORICAL BUILDING • 600 E. LOCUST ST. • DES MOINES, IA 50319 • IOWACULTURE.GOV 1