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Sustainable Desing Assement Team MOUTHE CITY OF DUB E ~-~~ MEMORANDUM February 27, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Memorandum of Understanding with American Institute of Architects for Sustainable Design Assessment Team Grant Planning Services Manager Laura Carstens is recommending approval of a Memorandum of Understanding with the American Institute of Architects for the Sustainable Design Assessment Team grant. I concur with the recommendation and respectfully request Mayor and City Council approval. ~~ G Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager P THE C1TY OP DuB E ~.~-~ MEMORANDUM February 27, 2007 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager ' ~~ SUBJECT: MOU with AIA for SDAT Grant Introduction This memorandum transmits a Memorandum of Understanding (MOU}with the American Institute of Architects (AIA) for the Sustainable Design Assessment Team (SDAT) grant. Discussion Dubuque is one of five cites selected for the SDAT process in 2007.The AIA Center for Communities by Design manages and staffs the SDAT program. A brief description of the SDAT process and the City's SDAT grant application are enclosed. The enclosed MOU describes the mission of the SDAT process, the AIA's role, the City's role, financial considerations, the project managers, and miscellaneous provisions. City Attorney Barry Lindahl has reviewed the MOU. The MOU contains the following financial arrangements for the SDAT project: • The AIA and the City will cooperate in preparing a project budget. • The AIA will commit to funding of an amount not to exceed $15,000 in support of the project. • The City will commit an appropriate level of funding to cover all project expenses that are not to be paid by the AIA, including a $5000 cash payment (local match). • The AIA and the City will agree on appropriate financial management arrangements (e.g., for payment of invoices and bills submitted by third party vendors}. MOU for SDAT Grant Page 2 The AtA project manager is Erin Simmons, Program Manager with the Center for Communities by Design. The City Council needs to name a City project manager. The Mayor is the primary contact. Requested Action The requested action is for the City Council to approve the MOU with AIA for the SDAT Grant, and to designate a project manager. Enclosures THE AMERICAN INSTITUTE OF ARCHITECTS: CENTER FOR COMMUNITIES BY DESIGN SUSTAINABLE DESIGN ASSESSMENT TEAM (SDAT) PROGRAM The SDAT program is an interdisciplinary community assistance program that focuses on principles of sustainability by bringing multidisciplinary teams of professionals to work with community decision-makers and stakeholders to help them develop a vision and framework for a sustainable future. The SDAT process will: • inform the community of opportunities and encourage them to take action to protect local and regional resources • help the community understand the structure of the place at various scales and contexts- from regional resources to the neighborhood scale • explore and articulate the larger contexts and interactions of ecological, sociological, economic, and physical systems • visualize potential futures • recognize and describe the qualities of a place by preserving the best elements of the past, addressing the needs of the present, and planning for the needs of future generations; • identify and describe choices and consequences • connect plans and actions • advance the principles of quality sustainable communities • help the community define the roles of various stakeholders • develop a road map for the implementation of more sustainable policies and practices. SDAT Participants The key to SDAT success is diversity and participation; the process involves multiple disciplines and multiple stakeholders. The SDAT process includes not only the national team but also government agencies and officials, private businesses, schools and students, community members, and other parties as appropriate. AIA Center for Communities by Design and Other Partners- The AIA Center for Communities by Design manages and staffs the program. The AIA also partners with other organizations (such as the U.S. Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the American Society of Landscape Architects, and the American Planning Association) as appropriate. SDAT Application Review Panel-The Panel includes leaders from the AIA Center for Communities by Design, a representative from the AIA Committee on the Environment, a public representative (current or former elected official), and other representatives as appropriate. Team Members~DATs bring a team of highly respected professionals to work with community decision-makers to help them develop a vision and framework for a sustainable future. Team members are selected based on their experience with the specific issues facing the community. These experts are from across the United States and volunteer their time to be a member of the SDAT. To further ensure volunteer objectivity, team members agree to refrain from taking paid work for three years from the date of completion of the SDAT. A typical team consists of a team leader and four to six team members {depending on the scope and type of project). Also an AIA staff person is assigned to each SDAT. Local Steering Committee-The steering committee is the key local organizing group for an SDAT project. It is responsible for assembling focal and regional information, organizing the preliminary meeting and SDAT visit, and generating local media coverage during the entire project. The steering committee should be comprised of people representing a diversity of perspectives within the community. SDAT Project Phases 1. Preliminary Visit Once the communities have been selected, the AIA Center for Communities by Design commences discussions with the local steering committee. The SDAT leader is selected and then a preliminary visit to the community occurs that includes the team leader and a staff member (an additional team member may attend in some instances). The meeting is typically conducted over a day and a half well in advance of the SDAT visit. 2. Preparations for the SDAT Visit After the AIA forms the national team, a local technical committee is formed and sends background information to the national SDAT team in preparation for the team visit. In addition, the steering committee is responsible for organizing the public participation for the visit and including multiple perspectives from the community. They also play an active role in generating media coverage. 3. SDAT Visit The SDAT visit spans three days and is held in a facility that contributes to an open process and discussion. During the visit, the SDAT team tours the project area, reviews additional materials, and interviews stakeholders and the public. Based on the information collected, the team develops recommendations on how the community can become more sustainable. The visit includes time to interact with participants as well as dedicated work time for the team. On the last of day of the visit, the team will present their recommendations to the steering committee and residents. The presentation will inGude observations on challenges, strengths, and opportunities, as well as recommendations and a basic action plan. The recommendations will have an audit or assessment focus. The SDAT will also, where possible, tie their sustainability recommendations into existing local govemment regulations and policies so as to contribute to a comprehensive approach. The final report (approximately 40-45 pages) will typically be submitted to the steering committee within 90 days of the SDAT visit. 4. Follow-Up Conference Call Six months after the conclusion of the project, the steering committee and team will undertake a conference call. The purpose of the call is to review the project's progress and address issues. 5. One-Year Assessment One year after the SDAT visit, selected members of the team will revisit the community to undertake an assessment. Typically it is a one-day roundtable event that includes the steering committee, SDAT representatives, and local groups and advocates. Questions will be addressed, the project's progress will be reviewed, and recommendations will be updated if needed. Costs of the Pros~ram In 2007, each SDAT project is estimated to cost approximately $30,000. The AIA will provide for the travel and lodging of the team, photography, digital scanning, the production and printing of the final report, web posting of project information, and the AIA staff support at a total cost not to exceed $25,000. The City will contribute a $5,000 cash match, in-kind support onsite, and will cover the monetary costs exceeding the cash match and the AIA's combined contribution if necessary. Funds may be raised from public and private sources that might include businesses, local govemment, nonprofits, foundations, organizations such as the chamber of commerce, arts councils, the local AIA component, and other groups and individuals. In-kind contributions are often an excellent way to reduce costs. CITY OF DUBUQUE SDAT PROGRAM APPLICATION Project Title: Dubuque, Iowa: Masterpiece on the Mississippi Dubuque's Objectives: 1) Achieve USEPA Green Communities Designation: a) to promote innovative tools that encourage successful community-based environmental protection and sustainable community development in both the public and private sector. b) to establish partnerships with other organizations and agencies to help build community capacity and knowledge to create a more livable community. 2) Address five major critical land use and urban design issues: a) urban sprawl versus planned and managed growth b) bluff development versus preservation c) storm water run-off versus storm water management d) traditional design versus sustainable design e) neighborhood disinvestment versus neighborhood revitalization 3) Work towards the City of Dubuque's Five-Year Goals: a) Improved Connectivity: Transportation and Communications b) Diverse, Strong Economy c) Planned and Managed Growth d) Partnering for a Better Dubuque e) Riverfront Development Steering Committee Participants Cify of Dubuque BoarcJs and Commissions: Environmental Stewardship Advisory Commission, Park and Recreation Commission, Housing Commission, Historic Preservation Commission, Long Range Planning Advisory Commission, and Transit Board. Envision 2010: Integrated Walking/Biking/Hiking Trail System Committee and Millworking District Committee. Government Agencies: City of Dubuque, Dubuque County, Dubuque County Conservation Board, Dubuque Metropolitan Area Solid Waste Agency, Iowa Department of Cultural Affairs, Iowa Department of Natural Resources, Iowa Department of Transportation, U.S. Environmental Protection Agency, U.S. Fish and Wildlife, and U.S. Department of Housing and Urban Development. Educational Institutions: Dubuque Community School District, University of Dubuque, Loras College, Clarke College, Northeast Iowa Community College, and Iowa State University Community Organizations/Stakeholder Groups: Dubuque Area Chamber of Commerce, Dubuque Main Street, Neighborhood Coalition, Dubuque County Historical Society, Sierra Club, Audubon Society, Greater Dubuque Development Corporation, Developers' Roundtable, Homebuilders Association, and Alliant Energy J E-Community Program. Iowa AIA Chapter Membership Timetable for the Team Visits: January-June, 2007. This program schedule is developed to work with academic and city calendars. The desire is for a spring timeline to maximize involvement from our stakeholder groups. TH~ ~~~lih-~~V L~t~TIT~Th ~~1'~'~~~~.~1T~.t. i~` ,~,~ . ~~~'F ~~~- ~~9 February 5, 2007 Mayor Roy. D. Buol City Hall 50 West 13~' Street Dubuque, iA 52001 Re: The American Institute of Architects and the City of Dubuque S ~ ble Desiam Assessment Team Community Assistance Project Dear Mayor Buol: On behalf of The American Institute of Architects ("AIA"), I would like to reiterate how excited we are to be able to work with the City of Dubuque ("City") in a Sustainable Design Assessment Team ("SDAT") community assistance project. We anticipate a collaborative SDAT project that will bring together design and planning professionals assembled to help provide a roadmap for the City to improve its sustainability - as defined by its ability to meet the environmental, economic, and social equity needs of today without reducing the ability of future generations to meet their needs. With that in mind, I would like to take this occasion to suggest a framework that we might use as we work together in key areas in the future. We will look forward to addressing each of these areas with you as SDAT preparations move forward. 1. Mission Reflecting its overall mission, we anticipate that the SDAT process will: • Advance the principles of sustainability in the City; • Help the City understand the structure of the community at various scales and contexts, particulazly in light of regional appropriateness; • Explore larger contexts and interactions of ecological, sociological, economic, and physical systems; • Visualize potential futures; 1735 New York Avenue, NW Washington, DC 20006-5292 Information Central: ~0-242-3837 Page 2 • Articulate the qualities of the community by preserving elements of the past, addressing present needs, and planning for the needs of future generations; and • Define the role of stakeholders and players in the public and private sectors. 2. The AIA's Role We anticipate that the AIA will cooperate with the City in doing the following: • Work with the City to achieve three visits, and undertake an intervening conference call approximately six months after the full team visit to discuss progress. The visits will consist o£ o A preliminary scoping and research visit; o A three-day SDAT full team visit; and o A follow-up visit. • Provide interim advice%onsultation on implementation of recommendations. • Select and secure commitment of an SDAT Team Leader. • Select and secure commitment of multidisciplinary SDAT members. • Act as the liaison with SDAT members. • Provide reasonable logistical support (i.e., for travel and lodging arrangements, facilities, supplies, accounting/invoicing, budget oversight, conference caps). • Produce a presentation on the SDAT's work. • Produce a final report, with lead responsibility for text and design, printing and distribution, and posting on the Web (if appropriate). • Provide media assistance (as appropriate). • Provide up to $15,000 in financial support (as described more fully below). 3. The City's Role Page 3 We anticipate that the City will cooperate with the AIA in the activities described above, and will also: • Cooperate with the AIA in developing an SDAT project budget. Form and coordinate a local Steering Committee and appropriate sub- committees, which will: o Engage local professionals and community leaders in the SDAT process; o Furnish appropriate background materials and information; o Provide appropriate outreach to the community and to local media; o Furnish guidance on lodging, facilities, and other logistical factors; and o Organize and conduct appropriate tours/flyovers. • Provide appropriate financial support (as described more fully below). 4. Financial Considerations We would like to propose the following financial arrangements for the SDAT project with the City: • The AIA and the City will cooperate in preparing a project budget. • The AIA will commit to funding of an amount not to exceed 515,000 in support of the project. • The City will commit an appropriate level of funding to cover all project expenses that are not to be paid by the AIA, including a $5000 cash payment (loca.l match). • T'he AIA and the City will agree on appropriate financial management arrangements (e.g., for payment of invoices and bills submitted by third party vendors). A final settlement of accounts between the AIA and the City will take place within 90 days after the conclusion of the project, but no later than January 9, 2008. The AIA and the City will each keep accurate financial books and records relating to its project activities and expenditures, and, if requested, will make them available for inspection by the other party (at that party's expense). 5. Proiect Managers Page 4 The AIA's primary liaison for the SDAT project will be Erin Simmons. We look forward to your designating a person who will serve as the City's primary liaison. 6. Miscellaneous Provisions Assuming that the activities and financial arrangements outlined above aze acceptable to you, we suggest that the following miscellaneous provisions be put into place for the benefit of both the AIA and the City: • Binding Agreement The terms of this letter will become a binding agreement between the AIA and the City, effective on the date you sign it. It will supersede all prior discussions and agreements between us concerning the SDAT project, and will be modified (if at all) only in a written document signed by both the AIA and the City_ Indemnification. Each party (the indemnifying party) shall indemnify and hold harmless the other party (the indemnified party) from and against ail claims, damages, tosses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of this agreement, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property including loss of use resulting therefrom, but only to the extent caused in whole or in part by the negligent acts or omissions of the indemnifying party, the indemnifying party's subcontractor, or anyone directly or indirectly employed by the indemnifying party or anyone far whose acts the indemnifying party may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by the party indemnified hereunder. • Insurance. Each party will obtain and maintain sufficient comprehensive general liability coverage for its activities under this agreement. The AIA has insurance coverage in the following amounts: ^ General aggregate limit: $2 million ^ Personal injury limit: $1 million ^ Each occurrence limit: $1 million ^ Medical payments: $10,000 The City will provide similar coverage. The City has coverage under a pooled assurance agreement, the Iowa Comunity Assurance Pool. The City's coverage is Page 5 greater than that provided by AIA with the exception of medical payments for which there is no coverage. • Force Majeure. Neither party will be responsible for any losses resulting if the fulfillment of any terms is delayed or prevented by civil disorders, wars, acts of terrorism, strikes, acts of God, or by any other cause which is beyond the control of the party whose performance is hindered, and which that party could not have prevented through the exercise of reasonable diligence. In the event that any such occurrence may make it inadvisable, unsafe, illegal, or impossible to perform under this agreement, then either party may terminate the agreement without penalty, obligation or liability of any type by providing written notice to the other party. Such right of termination shall not be unreasonably exercised. • Publicity/Public Relations The AIA and the City will coordinate closely on all project-related publicity and public relations materials prepared by either of them, and all those materials will be prepared and distributed in a manner agreed upon by both of them. • Termination. Either party may at any time, upon ten (10) days prior written notice to the other party, terminate this Agreement. If all the terms in this letter agreement are acceptable to the City, I ask that you sign and complete the signature block below, and return the letter to me. If there aze items that require further discussion, however, I would be delighted to talk with you about them and resolve any differences that may remain at this point. I look forward to hearing from you soon. Sincerely, Ann Livingston, Esq. Director, Center for Communities by Design The American Institute of Architects The agreement stated above is understood and accepted by The City of Dubuque. Page 6 By: Roy D. Buol Title: Mayor, City of Dubuque, Iowa Date: The agreement stated above is understood and accepted by the American Institute of Architects.. By: Paul Mendelsohn Title: Vice President, AIA Government and Community Relations Date: