Art on the River Snow Sculpting Contest Copyright 2014
City of Dubuque Action Items # 4.
ITEM TITLE: Art on the River Snow Sculpting Contest
SUMMARY: City Manager recommending approval of the extension of
the Art on the River Exhibit to include an annual snow
sculpting contest that will coincide with the National
Mississippi River Museum's annual Ice Festival.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Art on the River Snow Festival-MVM Memo City Manager Memo
Staff Memo Staff Memo
Agreement Supporting Documentation
WinterFun Invoice Supporting Documentation
Location Photo Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Art on the River Snow Festival
DATE: November 28, 2016
Arts and Cultural Affairs Coordinator Debra Alleyne recommends City Council approval
of the extension of the Art on the River Exhibit to include an annual snow sculpting
contest.
The proposed dates of the Art on the River Snow Festival are January 13, 14 and 15.
These dates coincide with the National Mississippi River Museum's annual Ice Festival,
and they have agreed to be partners in this endeavor. The proposed location for this
competition is the lawn adjacent to the parking lot of the National Mississippi River
Museum as it is the best surface for this activity and the paved sections allow easy
access for delivery of raw materials and viewing by the public.
The Art and Cultural Affairs Advisory Commission has voted to allow access to the Art
on the River Budget for funding this project not exceeding $5,000.
The annual Art on the River project costs about $30,000. With a $55,285 balance, it is
unknown at this time how the Fiscal Year 2019 Art on the River project will be fully
funded after $30,000 is drawn down in Fiscal Year 2018. The anticipated cost of the
Fiscal Year 2017 Snow Festival is $1,219, therefore, I respectfully recommend approval
to spend up to $1,500 of the Art on the River funding for this project.
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Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Debra Alleyne, Arts and Cultural Affairs Coordinator
Maurice Jones, Economic Development Director
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Dubuque Economic Development Department
THE CITY OF Office of Arts and Cultural Affairs
AII-AwftlitY 50 West 13t"Street
DUB3 &kE1 I Dubuque,Iowa 52001-4864
Office(563)589-4393
® TTY(563)690-6678
Masterpiece on the Mississippi 200.2012.2013 http://www.cityofdubuque.org
TO: Michael Van Milligen, City Manager
CC: Maurice Jones, Economic Development Director
FROM: Debra Alleyne, Arts and Cultural Affairs Coordinator
SUBJECT: Art on the River Snow Festival
DATE: November 21, 2016
INTRODUCTION
This memorandum serves as a recommendation for the extension of the Art on the
River Exhibit to include and annual snow sculpting contest.
BACKGROUND
The City of Dubuque has celebrated its 11 th anniversary of Art on the River (AOTR) this
year that has been a successful public art mainstay of the community. AOTR has
successfully expanded to include a feature piece (Continuum), the addition of an audio
guide app, Otocast and a youth reception and tour. In this new decade of its existence,
the program is poised to expand the scope of what we can offer to the citizens.
The national snow sculpting festival called WinterFun,INC., has been held annually at
Lake Geneva for the past 20 years. As their festival has grown, it has brought snow
sculptors and tourists from around the country to participate in and to view the event.
For the past several years, Iowan sculptors, including Dubuque sculptors, have had to
petition the national group to participate as the state of Iowa has no official competition
from which to derive a state champion.
DISCUSSION
The proposed dates of the Art on the River Snow Festival are January 13, 14 and 15.
These dates also coincide with the National Mississippi River Museum's annual Ice
Festival and they have agreed to be our partners in this endeavor. In the event of
inclement weather the alternate dates will be arranged. The proposed location for this
competition is the lawn adjacent to the parking lot of the National Mississippi River
Museum as it is the best surface for this activity and the paved sections allow easy
access for delivery of raw materials and viewing by the public. With this potentially being
the pilot year for the snow sculpting festival, I intend to begin building a following that
could blossom into a significant tourism draw and revenue stream for the city.
Other cities nationally and internationally have used similar events like this to:
• demonstrate leadership and innovation
• showcase local talent
• create partnerships
• draw spectators from residents and tourists alike
• promote the city as an arts and culture capitol
This Snow Festival, recommended as an extension of Art on the River, has the potential
to achieve the following goals in addition to those mentioned above.
• It will assist in advancing the City's Arts and Culture goals and Master
Plan directives
• It will allow Dubuque to be singularly recognized as home of the state
snow sculpting competition
• It is a way to reignite interest in the original Art on the River collection at a
time they are less viewed
• It cultivates Community engagement by:
o reinvigorating the community during the winter months when it is
difficult to find outdoor activities.
o attracting a different type of crowd to participate in public art
o allowing for both professional and amateur artist to participate in an
activity together as we intend to extend an invitation to local
universities and community groups to participate.
o Inviting local business to provide entertainment and or sale of
goods and services (food and warm beverages for sale) all adding
to the festive atmosphere.
Costs
Cost Amount
material costs, and delivery of raw material $819.02
Sanction agreement cost $300 /annum
The committee has identified sponsors for some needs including but not limited to
lumber and fresh snow that will be confirmed upon City Council approval.
Budget
Art on the River is currently funded from CIP (7001853) which stands at $55,285 as of
12/1/2016. On average, Art on the River sculpture exhibit is budgeted for approximately
$30,000 annually. Therefore, the current CIP will support the 2017- 2018 exhibit with
approximately $25,285 remaining. This program is drawing a fund balance that was
established in 2005. At this time, it is not known how the Fiscal Year 2019 Art on the
River will be fully funded.
Commission Support
After many discussions, the Arts and Cultural Affairs Advisory Commission is in full
support of this effort and has designated Commissioner Mary Thomas Armstrong to
assist in this effort. A small committee of 5 is being assembled made up of select
members of the Art on the River Committee, snow carvers and community members to
work on this project. The Art and Cultural Affairs Advisory Commission has also, as of
August 23rd 2016, voted 6-0 to allow access to the Art on the River Budget for funding
this project not exceeding $5000. With the knowledge of the above projected budget,
the commission has provided leeway in the event of unforeseen costs for this inaugural
event
Legal
Legal has reviewed and amended the WinterFun agreement to comply with city
standards and the WinterFun director Don Burg has accepted the changes signed the
agreement.
Insurance
The City 's insurance provider has been contacted and the insurance requirement for
the agreement can be met at no additional cost as assured to me by the City's
insurance provider
RECOMMENDATIONS
1 . Sign the attached vetted agreement and pay the $300 Sanction agreement
fee
2. Begin invitational process for snow sculptors in Iowa.
3. Begin publicity immediately using existing systems already in place and
practice for Art on the River
4. Retain the assistance of the communications department for limited graphic
design assistance
5. Extend latitude for additional hours for the Arts and Cultural Affairs
Coordinator 2 weeks prior to the event as needed to allow for adequate
planning.
Resources
WinterFun website - http://www.usnationals.org/
Video- http://www.gobreck.com/events/budweiser-international-snow-sculpture-
championships#horizontalTabEvents4
Other Snow sculpting events - http://www.usnationals.org/international-events/
Iowa
SANCTION AGREEMENT
2017
SANCTION AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
WINTERFUN, INC.
THIS AGREEMENT is made and entered into the 1st day of November, 2016, by
and between WINTERFUN, INC, a Wisconsin 501 (c)(3) not-for-profit corporation
("WinterFun"), and the City of Dubuque, Iowa, through its Economic Development
Department ("Licensee").
WHEREAS, WinterFun is the United States representative to the Association
Internationale de Sculpture sur Niege et Glase (the "International Association"), and is
sanctioned to conduct the United States National Snow Sculpting Competition (the "U.S.
Competition"); and
WHEREAS, WinterFun conducts annually the U.S. Competition, and the winner
from said competition is invited to participate in the International Snow Sculpting
Competitions hosted by member countries of the International Association; and
WHEREAS, WinterFun wishes to sanction Licensee and Licensee wishes to
become sanctioned by WinterFun to conduct the sole snow sculpting competition for the
State of Iowa (the "State") that will qualify a participant to compete in the U.S.
Competition pursuant to the terms of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenant, terms,
conditions and agreements contained herein, the parties agree as follows:
1 . Sanction. Licensee is hereby sanctioned by WinterFun to be the member to
conduct the sole snow sculpting competition for the State that will qualify a participant to
compete in the U.S. Competition pursuant to the terms of this Agreement.
2. Participation in the U.S. Competition. During the term of this Agreement,
Licensee shall conduct annually a snow sculpting competition in the State. The winning
participant(s) of Licensee's competition shall be guaranteed the right to participate in the
U.S. Competition. Licensee shall use its best efforts to ensure that such winning
participant(s) will participate in the U.S. Competition.
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3. Obligations of WinterFun. WinterFun shall provide Licensee with documentary
information concerning the organization and operation of Licensee's snow sculpting
competition. Such information may include competition rules and regulations,
guidelines, snow block construction data, membership information, team recruitment
guidelines and other information.
4. Consulting. At the request of Licensee, and in addition to WinterFun's rights
pursuant to Section 5 of this Agreement, WinterFun shall provide Licensee with
consulting services with respect to Licensee's snow sculpting competition. WinterFun
shall use its best efforts to make WinterFun personnel available by telephone
conference with respect to conducting a snow sculpting competition. The scope and
cost of such consulting shall be agreed upon in writing by the parties before Licensee
incurs and financial liability.
5. Requirements.
5.1 If necessary, Licensee shall permit WinterFun to inspect plans and
specifications in connection with Licensee's competition, and to conduct on-site
visitations by WinterFun personnel for the purpose of observing Licensee's State
competition.
5.2 Licensee agrees to comply with any and all competition requirements
promulgated by WinterFun. Such requirements may include the following: team
sanctioning and recruitment, team eligibility, conduct of the competition, including
rules and regulations, and judging.
5.3 Licensee shall comply with all directives with respect to such WinterFun
competitions as long as such directives do not conflict with any City policies,
rules or regulations or any local, state, or federal rules, laws, ordinances, or
regulations. Licensee acknowledges that it is the intention of WinterFun that all
state and local snow sculpting competitions be conducted in a uniform manner
and subject to rules and regulations consistent with those of the U.S.
Competition.
6. Fees. For the first year-long term of this Agreement, Licensee shall pay
WinterFun a sanction fee of three hundred dollars ($300.00). WinterFun may increase
such sanctioning fee for subsequent years by delivering to Licensee notice of such
increase at least ninety (90) days prior to the renewal period of this Agreement.
7. Use of Name. Licensee shall designate in a conspicuous place in all recruitment
and promotional brochures and items that Licensee is sanctioned by WinterFun in
connection therewith. Licensee shall be entitled to use the WinterFun logo in all such
promotional and recruiting information. Licensee shall also prominently display the
WinterFun logo and the fact that such competition is sanctioned by WinterFun.
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8. Indemnification and Insurance.
8.1 To the extent permitted by Iowa law, Licensee shall indemnify and hold
WinterFun harmless from and against any and all damages, liabilities or claims
that may result from or be caused by actions or inaction of Licensee in
connection with the conduct of its snow sculpture competition.
8.2 To the extent permitted by Iowa law, WinterFun shall indemnify and hold
Licensee harmless from and against any and all damages, liabilities or claims
that may result from or be caused by actions or inaction of WinterFun in
connection with its snow sculpture competition.
8.3 Licensee agrees to purchase or obtain through any entity independently
hired to organize the competition liability insurance with respect to its snow
sculpting competition and to name WinterFun INC. as an additional insured
thereof. Such liability insurance shall be in an amount no less than five hundred
thousand dollars ($500,000.00) per claim or one million dollars ($1 ,000,000.00)
in the aggregate.
9. Term and Termination of Agreement. This Agreement shall commence on the
date first written above with an initial term of one year. This Agreement shall
automatically renew for four (4) additional one-year periods, unless either party gives
the other party written notice to terminate this Agreement at least sixty (60) days prior to
the anniversary date of the Agreement, or unless terminated sooner by the parties
pursuant to the terms of this Agreement. This Agreement may be terminated at any
time by either party upon thirty (30) days written notice from one party to the other for
any of the following reasons:
a. Failure of Licensee to pay to WinterFun the annual sanction fee;
b. Failure of Licensee to comply with the requirements for organizing or
operating its snow sculpting competition as promulgated from time to time by
WinterFun; or
C. Breach by either party of any material provision of this Agreement,
including the requirements that Licensee procure insurance with respect to such
competition.
10. Assignment and Subletting. Neither party may assign, or otherwise transfer this
Agreement or any right or interest in this License or in the Property, without the written
consent of the other party.
11 . Notice and Addresses. All notice required under this Agreement must be given
by mail or by any other communication that provides actual notice. The mailing
addresses for the parties are as follows:
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Licensee: Debra Alleyne
Arts and Cultural Affairs Coordinator
Department of Economic Development
City of Dubuque
50 W. 13th Street
Dubuque, IA 52001
WinterFun, Inc. WinterFun, Inc.
Attention: Don Berg
4468 N. Ardmore Ave.
Shorewood, WI 53211
Either party may change the address for notice, in whole or in part, by giving the other
party written notice of the new address.
12. Parties Bound. This Agreement shall be binding upon, and inure to the benefit
of, the parties to this License and their successors.
13. Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Iowa. The parties acknowledge that there are legal constraints imposed upon
the Licensee by the constitutions, statutes, and rules and regulations of the State of
Iowa and of the United States and imposed upon the Licensee by the City's Charter and
Code. Subject to such constraints, the parties intend to carry out the terms and
conditions of this Agreement. Not withstanding any provision of this Agreement, the
parties shall not be required to exercise any power or take any action that is prohibited
by applicable law. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner so as to be effective and valid under applicable law.
14. Legal Construction. In case any of the provisions contained in this Agreement
shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision of this Agreement. This Agreement shall be constructed as if
the invalid, illegal, or unenforceable provision had never been included in the
Agreement. Paragraph headings used in this Agreement are for convenience of
reference only and shall in no way define, control or affect the meaning or interpretation
of any provision of this Agreement.
15. Time of Essence. Time shall be of the essence for each and every provision,
term, condition, promise, obligation and covenant of this Agreement.
16. Relationship of Parties. This Agreement does not create an agency or employee
relationship between WinterFun and Licensee. WinterFun shall perform all services
under this Agreement as an independent contractor. WinterFun shall exercise no
supervision over any employee, agent, representative or official of Licensee and shall
not represent that WinterFun is an employee or agent of the Licensee in any capacity.
No party has any right to the other party's Worker's Compensation benefits.
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17. Beneficiaries. This Agreement is for the sole benefit of and binds the parties,
their successors and assigns. This Agreement affords no claim, benefit, or right of
action to any third party. Any party besides the WinterFun or Licensee receiving
services or benefits under this Agreement is only an incidental beneficiary.
18. Financial Obligations of the Authority. Any financial obligation of Licensee under
this Agreement is contingent upon appropriation, budgeting and availability of specific
funds to discharge those obligations. Nothing in this Agreement constitutes a debt, a
direct or indirect multiple fiscal year financial obligation, a pledge of Licensee's credit, or
a payment guarantee by Licensee.
19. Amendment. This Agreement may only be altered or amended in writing, signed
by duly authorized representatives of WinterFun and Licensee, respectively.
20. Mutual Cooperation. The parties each agree to use good faith efforts to cause
satisfaction of all conditions to its obligations under this Agreement, and to exercise
good faith in fulfilling its obligations under this Agreement and in cooperating with the
other party with respect to that party's satisfaction and fulfillment of all that party's
conditions and obligations under this Agreement.
This Agreement is hereby entered into the day and year first above written.
CITY OF DUBUQUE WINTERFUN, INC.
Michael Van Milligen
City Manager
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Donald I. Berg
Executive Director
Message
November 8,2016
Debra Alleyne
Arts and Cultural Affairs Coordinator
Department of Economic Development
City of Dubuque
SOW. 13th Street
Dubuque, IA 52001
phone 563-690-6059(direct)
phone 563-589-4393 (main)
Dalleyne@cityofdubuque.org
Debra,
I hope this note finds you well and enjoying a beautiful Autumn season.
The 2017 US National Competition in Lake Geneva is Wednesday, February I - February 4.
Teams arrive on Tuesday, January 31 and return Sunday, February S.
We look forward to hosting your 2017 Iowa team and will invite them to participate upon
receipt of contact information from you.
In addition, WinterFun requests images from your Competitions and information or link
promoting the 2017 Sculpting event. We would like to do more to highlight the team and
where and how they are qualifying to get to Lake Geneva.
Also, please find the enclosed sanction invoice, prompt attention/payment is appreciated.
If you ave questions regarding any of the above don't hesitate to call or e-mail me.
Dn Ber Executive Director
Wont rFun, Inc.
4468 N. Ardmore Ave. * Shorewood, Wisconsin * 53211
Voice 414-332-2188 * Fax 414-433-5658 * E-mail Dbergart@aol.com * www.usnationals.org
Invoice
To: Debra Alleyne
Arts and Cultural Affairs Coordinator
Department of Economic Development
City of Dubuque
SOW. 13th Street
Dubuque, IA 52001
Date: November 8, 2016
Attention: Katheen,
P.O.#: Per Sanction Renewal Agreement
For: 2017 Sanction fee, Iowa State Snow Sculpting Competition
Amount : $300
Due : November 30, 2016
Send to: WinterFun, Inc.
4468 N.Ardmore
Shorewood,W 15321 1
4468 N. Ardmore Ave. Shorewood, Wisconsin * 53211
Voice 414-332-2188 * Fax 414-433-5658 t E-mail Dbergart(aaol.com * www.USNationals.org
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