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University of Iowa_Iowa Initiative for Sustainable Communities PartnershipMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: University of Iowa - Iowa Initiative for Sustainable Communities Partnership DATE: March 16, 2011 Dubuque hititi All- Amin City 111111 2007 Sustainability Coordinator Cori Burbach is recommending approval of a partnership with the University of Iowa School of Urban and Regional Planning Program's Iowa Initiative for Sustainable Communities. To better address the problems and challenges faced by small and mid -sized towns in Iowa and the Midwest, the School of Urban and Regional Planning at the University of Iowa launched the Iowa Initiative for Sustainable Communities in 2009. Iowa Initiative for Sustainable Communities' purpose is to apply the talent and knowledge of the students and faculty of the University of Iowa to enhance the capacity of towns, cities, and counties in Iowa, as well as elsewhere in the Midwest, to better become sustainable communities. In doing so, Iowa Initiative for Sustainable Communities provides significant and ongoing outreach to Iowa's communities, while transforming teaching and learning at the University of Iowa by engaging students in a student- faculty- community collaboration that is focused on some of the most important problems faced by communities in Iowa and the Midwest. At the same time, University of Iowa faculty will be able to use this opportunity to advance scholarship on sustainability in their various disciplines and fields. At the March 7 Council work session on Sustainable Dubuque, staff discussed with Council the need for concrete goals and performance metrics under each of the 11 sustainability principles. The definition of these metrics was identified as a priority and staff have been working with partners, including Dubuque 2.0, to review best practices from across the country and develop a plan to define these metrics. In 2007, University of Iowa students completed a study of the Historic Millwork District for the City's Economic Development Department. This successful partnership led Professor Chuck Connerly, Director of the School of Urban and Regional Planning, to approach the City about a partnership that would last from 2011 -2013. University of Iowa staff are quite impressed by the sustainability work done in Dubuque to date and as opposed to hosting one project, have asked the City to create opportunities for all of the students in the program to work with Dubuque partners. During the 2011 -12 and 2012 -13 academic years, graduate students would assist Dubuque leaders in sustainability planning and analysis for several different areas. The University's desire is to be able to have five projects for the 2011 -2012 school year with six or seven students in each group, with coordination through the City and Dubuque 2.0. Students would be supervised by Professor Connerly and his Urban and Regional Planning staff, and would also have access to professors in engineering, economic development, and other fields depending on the needs of a project. The most defined project would be assistance in developing performance metrics for the Sustainable Dubuque plan. Students would work with the City and Dubuque 2.0 steering committee to engage the public in discussion about the most important metrics, and would also review best practices from other communities and national models. In addition to defining metrics, the students would work with the community to create a model for collecting data, measuring progress, and reporting that progress to the community in a way that engages and is user - friendly for all Sustainable Dubuque partners. The University of Iowa -Iowa Initiative for Sustainable Communities advises that they have successfully engaged local colleges in the communities they have worked with in the past. Greater Dubuque Development Corporation Executive Director Rick Dickinson, City Manager Mike Van Milligen, Smarter Sustainable Dubuque Project Manager David Lyons and Sustainability Coordinator Cori Burbach met with all of the local college presidents on March 4 to discuss the proposal and determine direction and ways for the college's undergraduate students to be engaged. Traditionally, Iowa Initiative for Sustainable Communities' graduate students identify internship opportunities for local undergraduate students to work with them on their projects. University of Iowa professors will work to identify and advertise these opportunities, and University of Iowa staff are also willing to meet with local professors to identify additional opportunities for collaboration. There is no local funding required of this project. The University of Iowa's Office of the Provost and Office of the VP for Research have committed $40,690 per year for two years to support this project. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment Michael C. Van Milligen cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Cori Burbach, Sustainability Coordinator Eric Dregne, Community Foundation of Greater Dubuque David Lyons, Smarter Sustainable Dubuque Project Manager Rick Dickinson, Greater Dubuque Development Corporation Masterpiece on the Mississippi Dubuque kirtilli AIWlmedcaCity 11111! 2007 TO: Michael Van Milligen, City Manager FROM: Cori Burbach, Sustainability Coordinator SUBJECT: University of Iowa Iowa Initiative for Sustainable Communities Partnership DATE: March 15, 2011 INTRODUCTION The purpose of this memo is to inform City Council of a proposed partnership with the University of Iowa School of Urban and Planning Program's Iowa Initiative for Sustainable Communities. BACKGROUND To better address the problems and challenges faced by small and mid -sized towns in Iowa and the Midwest, the School of Urban and Regional Planning at the University of Iowa launched the Iowa Initiative for Sustainable Communities (IISC) in 2009. IISC's purpose is to enhance the capacity of towns, cities, and counties in Iowa, as well as elsewhere in the Midwest, to better become sustainable communities. IISC's purpose is to apply the talent and knowledge of the students and faculty of the University of Iowa to develop plans and initiatives that will enable Iowa's small towns and cities to enhance the sustainability of their communities. In doing so, IISC provides significant and ongoing outreach to Iowa's communities, while transforming teaching and learning at the University of Iowa by engaging students in a student - faculty- community collaboration that is focused on some of the most important problems faced by communities in Iowa and the Midwest. At the same time, University of Iowa faculty will be able to use this opportunity to advance scholarship on sustainability in their various disciplines and fields. At the March 7 Council work session on Sustainable Dubuque, staff discussed with Council the need for concrete goals and performance metrics under each of the 11 sustainability principles. The definition of these metrics was identified as a priority for 2011 -2012, and staff have been working with our partners, including Dubuque 2.0, to review best practices from across the country and develop a plan to define these metrics. DISCUSSION In 2007, University of Iowa students completed a study of the Historic Millwork District for the City's Economic Development Department. This successful partnership led Professor Chuck Connerly, Director of the School of Urban and Regional Planning, to approach the City about a partnership that would last from 2011 -2013. U of I staff are quite impressed by the sustainability work done in Dubuque to date and as opposed to hosting one project, have asked us to create opportunities for all of the students in the program to work with Dubuque partners. During the 2011 -12 and 2012 -13 academic years, graduate students would assist Dubuque leaders in sustainability planning and analysis for several different areas. The University's desire is to be able to have five projects for the 2011 -2012 school year with six or seven students in each group, with coordination through the City and Dubuque 2.0. Students would be supervised by Professor Connerly and his Urban and Regional Planning staff, and would also have access to professors in engineering, economic development, and other fields depending on the needs of a project. The most defined project would be assistance in developing performance metrics for the Sustainable Dubuque plan. Students would work with the City and Dubuque 2.0 steering committee to engage the public in discussion about the most important metrics, and would also review best practices from other communities and national models. In addition to defining metrics, the students would work with us to create a model for collecting data, measuring progress, and reporting that progress to the community in a way that engages and is user - friendly for all Sustainable Dubuque partners. The students would spend time in Dubuque in August meeting with community partners, and then complete most of their work from Iowa City while making monthly visits to Dubuque to work with partners. A definition of the remaining four 2011 -2012 projects has not yet occurred. Community Foundation of Greater Dubuque Vice President Eric Dregne and I are proposing a model in which the teams of students would work on a variety of projects that are led by the City and its many partners, and that each project would in some way make connections back to the Sustainable Dubuque plan and the developing metrics. With the Council's approval of this partnership, we will engage other City staff and public and private partners in the conversation to identify scopes of work for the additional projects. The Ul IISC has successfully engaged local colleges in the communities they have worked with in the past. GDDC Executive Director Rick Dickinson, City Manager Mike Van Milligen, Smarter Sustainable Dubuque Project Manager David Lyons and myself met with all of the local college presidents on March 4 to discuss the proposal and determine direction and ways for the college's undergraduate students to be engaged. Traditionally, IISC graduate students identify internship opportunities for local undergraduate students to work with them on their projects. Ul professors will work with myself and Eric Dregne to identify and advertise these opportunities, and Ul staff are also willing to meet with local professors to identify additional opportunities for collaboration. BUDGET IMPLICATIONS There is no local funding required of this project. The UI's Office of the Provost and Office of the VP for Research have committed $40,690 per year for two years to support this project. REQUESTED ACTION I respectfully request Council approval of the partnership with the University of Iowa Iowa Initiative for Sustainable Communities. Cc: Eric Dregne, Community Foundation of Greater Dubuque David Lyons, Smarter Sustainable Dubuque Project Manager Rick Dickinson, Greater Dubuque Development Corporation Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Summary: To better address the problems and challenges faced by small towns in Iowa and the Midwest, the School of Urban and Regional Planning at the University of Iowa launched the Iowa Initiative for Sustainable Communities (IISC) in 2009. IISC's purpose is to enhance the capacity of towns, cities, and counties in Iowa, as well as elsewhere in the Midwest, to better become sustainable communities. By sustainability, we employ the standard definition of sustainability as enabling current generations to meet their social, economic, and environmental needs without compromising the ability of future generations to meet their needs. More specifically, sustainability entails efforts to protect and preserve the environment, while both encouraging economic prosperity and the equitable distribution of economic and social opportunity. IISC's purpose is to apply the talent and knowledge of the students and faculty of the University of Iowa to develop plans and initiatives that will enable Iowa's small towns and cities to enhance the sustainability of their communities. In doing so, IISC provides significant and ongoing outreach to Iowa's communities, while transforming teaching and learning at the University of Iowa by engaging students in a student - faculty - community collaboration that is focused on some of the most important problems faced by communities in Iowa and the Midwest. At the same time, University of Iowa faculty will be able to use this opportunity to advance scholarship on sustainability in their various disciplines and fields. The end result will be to greatly enhance the University of Iowa's reputation for advancing sustainability scholarship, teaching, and community outreach. During the 2011 -12 and 2012 -13 academic years, graduate students will assist Dubuque leaders in developing sustainability plans for several different areas. UI faculty investigator: Professor Charles Connerly (email: charles- connerly @uiowa.edu) School of Urban and Regional Planning The University of Iowa Funding amount and source: The UI's Office of the Provost and Office of the VP for Research have committed $40,690 per year for two years to support this project. Dates: August 2011 — May 2012 University of Iowa / City of Dubuque Partnership Project Iowa Initiative for Sustainable Communities Engagement with Dubuque -area Private Colleges: Each IILC team will include student intern(s) from Dubuque's private colleges. This model is currently used in Oskaloosa, IA where undergraduate students from William Penn University are participating on an IILC project. CONTRACT THIS AGREEMENT effective this 27th day of June, 2011, by and between the City of Dubuque (hereafter referred to as "Sponsor ") and The University of Iowa, Iowa City, Iowa, a non - profit educational institution (hereinafter referred to as "University"). WITNESSETH: WHEREAS, the research program contemplated by this Agreement is of mutual interest and benefit to University and to Sponsor, will further the instructional and research objectives of University in a manner consistent with its status as a non- profit, tax- exempt, educational institution, and may derive benefits for both Sponsor and University through inventions, improvements, and /or discoveries; NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the parties hereto agree to the following: ARTICLE 1- Definitions As used herein, the following terms shall have the following meanings: 1.1 "Project" shall mean the description of the project as described in Exhibit A hereof, under the direction of Prof. Jerald Schnoor as Principal Investigator. 1.2 "Contract Period" is July 1, 2011 through June 30, 2013. 1.3 "University Intellectual Property" shall mean individually and collectively all inventions, improvements and /or discoveries which are conceived and /or made (i) by one or more employees of University, or (ii) jointly by one or more employees of University and by one or more employees of Sponsor, in performance of the Project. ARTICLE 2 • Research Work 2.1 University shall commence performance of the Project promptly after the effective date of this Agreement, and shall use all reasonable efforts, care, and diligence to perform such Project in accordance with the terms and conditions of this Agreement. Anything in this Agreement to the contrary notwithstanding, Sponsor and University may at any time amend the Project by mutual written agreement. 2.2 In the event that the Principal Investigator becomes unable or unwilling to continue the Project, and a mutually acceptable substitute is not available, University and /or Sponsor shall have the option to terminate said Project pursuant to Article 10.1. 2.3 The University does not comply with Good Laboratory Practices (GLPs) as defined by the U.S. Food and Drug Administration in 21 C.F.R. 58. ARTICLE 3 - Reports and Conferences 3.1 Written program reports shall be provided by University to Sponsor every six (6) months, and a final report shall be submitted by University within forty - five (45) days of the conclusion of the Contract Period, or the earlier termination of this Agreement. 3.2 During the term of this Agreement, representatives of University will meet with representatives of Sponsor at times and places mutually agreed upon to discuss the progress and results, as well as ongoing plans, or changes therein, of the Project to be performed hereunder. ARTICLE 4 - Costs, Billings, and Other Support 4.1 It is agreed to and understood by the parties hereto that total costs to Sponsor hereunder shall not exceed the sum of Twenty -five Thousand Dollars ($25,000). Payment shall be made by Sponsor upon receiving invoices from University according to Article 4.2. 4.2 Invoices shall be submitted to the Sponsor representative listed in Article 18 for submission of' invoices. Payments to University shall include Sponsor name, Principal Investigator name, project title and shall be submitted to the University representative listed in Article 18 for payment remittance. 4.3 University shall retain title to any equipment purchased with funds provided by Sponsor under this Agreement. University may give or lend equipment from the Project to Sponsor after completion of the Project. 4.4 Anything herein to the contrary notwithstanding but subject to the $25,000 limitation in Section 4.1, in the event of early termination of this Agreement by Sponsor pursuant to Article 10.1 hereof, Sponsor shall pay all costs accrued by University as of the date of termination, including non - cancelable obligations, which shall include all non - cancelable contracts and fellowships or postdoctoral associate appointments called for in Appendix A, incurred . prior to the effective date of termination. After termination, any obligation of Sponsor for fellowships or postdoctoral associates shall end no later than the end of University's academic year following termination. ARTICLE 5- Publicity 5.1 Sponsor shall not use the name of University, nor of any member of University's Project staff, in any publicity, advertising, or news release or in any way imply endorsement of the University without the prior written approval of an authorized representative of University. University shall not use the name of Sponsor, nor any employee of Sponsor, in any publicity without the prior written approval of Sponsor. University or Sponsor may disclose, without the other party's approval, the terms of this Agreement that are a natter of public record under the Iowa Open Records Law, Iowa Code Chapter 22 (2009). -2- ARTICLE 6 - Publications 6.1 Sponsor recognizes that under University policy, the results of University research must be publishable and agrees that researchers engaged in the Project shall be permitted to present research results at symposia, national or regional professional meetings, and to publish in journals, theses or dissertations, or otherwise of their own choosing, methods and results of the Project, provided, however, that Sponsor shall have been furnished copies of any proposed publication or presentation at least one (1) month in advance of the submission of such proposed publication or presentation to a journal, editor, or other third party. Sponsor shall have thirty (30) days, after receipt of said copies, to object to such proposed presentation or proposed publication because there is patentable subject matter or proprietary information of Sponsor that needs protection. In the event that Sponsor makes such objection, said researcher(s) shall refrain from making such publication or presentation for a maximum of six (6) months from date of receipt of such objection in order for University to file patent application(s) with the United States Patent and Trademark Office and /or foreign patent office(s) directed to the patentable subject matter contained in the proposed publication or presentation. Sponsor does not possess a right to delay publication if the publication or presentation contains only findings and conclusions of basic science or results that would not affect the ability of Sponsor to obtain a patent. ARTICLE 7 - Proprietary Information 7.1 It is the responsibility of Sponsor to mark or otherwise identify in writing prior to submission any information considered confidential that it deems necessary to share with University ( "Confidential Information "). Oral disclosures of Confidential Information shall be identified as confidential at the time of disclosure and confirmed in writing within ten (10) business days of the disclosure. University shall have the right to accept or reject Sponsor's Confidential information. If such information is accepted it will be withheld by University from publication, and in all other respects shall be maintained by University as confidential and proprietary to Sponsor for a period of five (5) years after termination of this Agreement. After such five -year period, University shall return all Confidential Information to Sponsor. University shall have no such obligation to maintain as confidential and proprietary with respect to any portion of such Confidential Information which: a) is or later becomes generally available to the public by use, publication or the like, through no fault of University; b) is obtained on a non - confidential basis from a third party who disclosed the same to University; c) University already possesses, as evidenced by its written records, predating receipt thereof from Sponsor; or d) is required to be disclosed by law, regulation or court order. 7.2 All documentation concerning University Intellectual Property submitted to Sponsor in accordance with Article 8.4 shall be treated as confidential in order to preserve any patent rights. -3- ARTICLE 8 - Intellectual Property 8.1 All rights, title and interest to University Intellectual Property under the Project, except as provided in Article 8.3, shall belong to University and shall be subject to the terms and conditions of this Agreement. 8.2 Rights to inventions, improvements, and /or discoveries, whether patentable or copyrightable or not, relating to the Project made solely by employees of Sponsor shall belong to Sponsor. Such inventions, improvements, and /or discoveries shall not be subject to the terms and conditions of this Agreement. 8.3 Rights to inventions, improvements, and /or discoveries conceived and /or made during the Contract Period, whether patentable or copyrightable or not, relating to the Project, which are made jointly by employees of University and employees of Sponsor, shall be the joint property of University and Sponsor and shall be subject to the terms and conditions of this Agreement. 8.4 University will promptly notify Sponsor of any University Intellectual Property conceived and /or made during the Contract Period under the Project. If Sponsor directs that a patent application or application for other intellectual property protection be filed, University shall promptly prepare, file, and prosecute such U.S. and foreign application in University's name. Sponsor shall bear all costs Incurred in connection with such preparation, filing, prosecution, and maintenance of U.S. and foreign application(s) directed to said University Intellectual Property. Sponsor shall cooperate with University to assure that such application(s) will cover, to the best of Sponsor's knowledge, all items of commercial interest and importance. While University shall be responsible for making decisions regarding scope and content of application(s) to be filed and prosecution thereof, Sponsor shall be given an opportunity to review and provide input thereto. University shall keep Sponsor advised as to all developments with respect to such application(s) and shall promptly supply to Sponsor copies of all papers received and filed in connection with the prosecution thereof in sufficient time for Sponsor to comment thereon. 8.5 If Sponsor elects not to exercise its option granted in Article 9.1 or decides to discontinue the financial support of the prosecution and maintenance of the patent protection, all right, title and interest in such patent, patent application, and University Intellectual Property shall automatically revert to University. University shall then be free to file or continue prosecution or maintain any such application(s), and to maintain any protection issuing thereon in the U.S. and in any foreign country at University's sole expense. ARTICLE 9 - Grant of Rights 9.1 Subject to Article 8.3, University grants Sponsor the first option to elect an exclusive license to University Intellectual Property developed under this Agreement, and a right to sub - license any and all University Intellectual Property developed under this Agreement on terms and conditions to be mutually agreed upon. If Sponsor elects to exercise this option, Sponsor -4- shall notify University in writing of its decision within one (1) year from the date of termination of this Agreement. 9.2 No grant described in this Article shall be construed to limit University's right to utilize University Intellectual Property for research, instruction or academic publication purposes. ARTICLE 10 - Term and Termination 10.1 This Agreement shall become effective upon the date first hereinabove written and shall continue in effect for the full duration of the Contract Period unless sooner terminated in accordance with the provisions of this Article. The parties hereto may, however, extend the tern of this Agreement for additional periods as desired under mutually agreeable terms and conditions which the parties reduce to writing and sign. Either party may terminate this Agreement for any reason, with or without cause, upon sixty (60) days prior written notice to the other. 10.2 In the event that either party hereto shall commit any material breach or default in any of the terms or conditions of this Agreement, and also shall fail to remedy such default or breach within ninety (90) days after receipt of written notice thereof from the other party hereto, the party giving notice may, at its option and in addition to any other remedies which it may have at law or in equity, terminate this Agreement by sending notice of termination in writing to the other party to such effect, and such termination shall be effective as of the date of the receipt of such notice. 10.3 Termination of this Agreement by either party for any reason shall not affect the rights and obligations of the parties accrued prior to the effective date of termination of this Agreement. No termination of this Agreement, however effectuated, shall release the parties hereto from their rights and obligations under Articles 3.1, 4, 5, 6, 7, 8, 9 and 11. ARTICLE 11- Independent Contractor 11.1 In the performance of all services hereunder University shall be deemed to be and shall be an independent contractor and, as such, University shall not be entitled to any benefits applicable to employees of Sponsor. 1 1.2 Neither party is authorized or empowered to act as agent for the other for any purpose and shall not on behalf of the other enter into any contract, warranty, or representation as to any matter. Neither shall be bound to the acts or conduct of the other. ARTICLE 12 - Insurance 12.1 Each party shall be liable for any and all claims for wrongful death, personal injury or property damage attributable to the negligent acts or omissions of that party and the officers, employees, and agents thereof. 12.2 University shall be responsible and agrees to pay for any and all claims for wrongful death, personal injury or property damage directly resulting from -5- the negligence of University, its officers, employees and agents, and arising from activities under this Agreement to the full extent permitted by Chapter 669, Code of Iowa (2009), which is the exclusive remedy for processing tort claims against the State of Iowa. ARTICLE 13- Governing Law 13.1 This Agreement shall be governed and construed in accordance with the substantive laws of the State of Iowa, excluding its conflict of laws provisions. ARTICLE 14 - Assignment 14.1 This Agreement shall not be assigned by either party without the prior written consent of the parties hereto. 14.2 This Agreement is assignable to any division of Sponsor, any majority stockholder of Sponsor, and /or any subsidiary of Sponsor, provided that such assignee assumes all of the rights, obligations and liabilities of Sponsor hereunder. ARTICLE 16- Agreement Modification 15.1 Any agreement to change the terms of this Agreement in any way shall be valid only if the change is made in writing and approved by mutual agreement of authorized representatives of the parties hereto. ARTICLE 16 - Warranties 16.1 NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE MADE PART OF THIS AGREEMENT. ARTICLE 17- Export Control 17.1 The disclosing party agrees to share any export control determinations when products, services, and /or technical data under this Agreement are subject to export controls under U.S. Government export laws and regulations; however, each .party will be solely responsible for compliance with U.S. Government export laws and regulations. ARTICLE 18 - Notices 18.1 Notices, invoices, and communications, hereunder shall be given by registered or certified mail, or express delivery service, postage or delivery charge prepaid, and addressed to the party to receive such notice, invoice, or communication at the address given below, or such other address as may hereafter be designated by notice in writing. Notice shall be deemed made on the date of receipt. If to Sponsor: Michael C. Van Milligen City Manager City Hall -6- 50 West 13`" Street Dubuque, IA 52001 Phone: 563.589.41 10 Fax: 563.589.4149 E -mail: ctymgr @cityofdubuque.org For Submission of Invoices: Jenny Larson Budget Director City Hall 50 West 131" Street Dubuque, IA 52001 Phone: 563.589.41 10 Fax: 563.589.4149 E -mail: jlarson @cityofdubuque.org If to University: The University of Iowa Division of Sponsored Programs Attention: John Weis 2 Gilmore Hall Iowa City, Iowa 52242 Phone: 319-335-2123 Fax: 319- 335 -2130 E -mail: dsp- contracts @uiowa.edu For Payment Remittance: The University of Iowa Grant Accounting Office B5 Jessup Hall Iowa City, Iowa 52242-1316 Phone: 319 -335 -3801 Fax: 319- 335 -0674 IN WITNESS WHEREOF, the parties, duly authorized, have executed this Agreement in duplicate as of the day and year first written above. SPONSOR By: Michael C. Van Milligen Title: City Manager Date: 7A(/// Rev, 9/28/09 -7- THE UNIVERSITY OF IOWA By: Twila Fisher ReLgh y - Title: Assistant Vice President for Research Date: 2-t—//