HomeMy WebLinkAbout2014-01-04 ResolutionUl -U4-14
Prepared by: Asha Adhikari, Management Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5010
RESOLUTION NO. 14 -1
RESOLUTION ESTABLISHING CITY OF IOWA CITY
STRATEGIC PLANNING PRIORITIES
WHEREAS, The Iowa City City Council seeks to ensure that all City services are provided in the
most effective, efficient, and equitable manner possible; and
WHEREAS, The Iowa City City Council strives to set policies in directions that best reflect the
preferences of Iowa City's citizenry, is in the City's long -term interests, and helps to foster
the city and local governance that our citizens desire; and
WHEREAS, The City Council members and City staff have undertaken a strategic planning
process to identify, prioritize, and articulate this policy direction.
NOW, THEREFORE, BE IT RESOLVED that the Iowa City City Council hereby outlines its top
priorities and related new initiatives generated during the strategic planning process which
are to be incorporated into specific action plans by the City staff.
TOP PRIORITIES:
Fostering a more INCLUSIVE and SUSTAINABLE Iowa City through a commitment to:
• Healthy Neighborhoods
• A Strong Urban Core
• Strategic Economic Development Activities
• A Solid Financial Foundation
• Enhanced Communication and Marketing
SIGNIFICANT NEW PROJECTS, POLICIES, AND INITIATIVES:
Healthy Neighborhoods
• Evaluate programs and methods to promote affordable housing including city specific
and regional actions
• Partner with the ICCSD regarding planned improvements to older schools and the
development of new elementary schools that collectively contribute to stronger
neighborhoods designed for long -term sustainability
Strategic Economic Development Activities
• Inform the City Council and the Iowa City community about current programs and
services provided by City, Chamber of Commerce, ICAD and others to foster local
business growth and economic development; and review duties and responsibilities of
the various organizations engaged in economic development in Iowa City
• Forge additional partnerships with the University of Iowa (Research Park, mixed use,
etc.)
• Examine enhancing the CDBG micro - enterprise loan program to demonstrate to the
general public that Iowa City is committed to serving all populations and ensuring the
long -term sustainability of the community
Enhanced Communication and Marketing
• Advance intent of Ad Hoc Diversity Committee recommendations and develop new
programs /initiatives that directly respond to ongoing concerns
• Increase the diversity of city staff and department leadership
• Explore ways to facilitate and improve relations between city staff and minority residents
• Achieve greater racial /ethnic diversity on city boards and commissions
• Examine alternative approaches to delivering services and programs for senior citizens
• Consider establishing council member "listening posts" on a regular basis in different
parts of the city; consider the possibility of joint listening posts with representatives of
other governing bodies
• Meet on regular basis with members of the ICCSD board
• Develop comprehensive communications plan and a marketing strategy for the
community
• Incorporate the 2013 Sustainability Assessment findings into operations and develop an
associated action plan for the community
These newly identified efforts will be combined with ongoing efforts and incorporated into
specific actions plans by City staff to be presented to Council for review and approval. Action
plans should define specific steps needed to accomplish each goal, the party responsible for
implementation, a timeline for completion, and define the criteria by which to gauge success.
Council will review progress approximately every four months.
Passed and approved this 4th day of January -120 14
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Ap?Fcved by
City Attorney's Office
It was moved by Mims and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES:
_X
X
X
X
X
X
X
NAYS:
ABSENT:
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Bothchway 11
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Prepared by: Simon Andrew, Administrative Analyst, 410 Washington St., Iowa City, IA 52240 (319) 356 -5010
RESOLUTION NO. 14 -2
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND DAVIS, BROWN, KOEHN, SHORS &
ROBERTS, P.C. TO PROVIDE LOBBYING SERVICES.
WHEREAS, the City Council believes it is in the best interests of the City of Iowa City to
retain the services of a lobbyist to represent the interests of the City;
WHEREAS, the City Manager recommends that the City enter into a contract for lobbying
services with Davis, Brown, Koehn, Shors & Roberts, P.C.; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
The Agreement for Professional Services attached hereto is in the public interest,
and is approved.
2. The Mayor and the City Clerk are hereby authorized and directed to execute the
attached Agreement for Professional Services.
3. Funds for this contract are available in the City Manager's Office budget
(10210100)
Passed and approved this 4th day of January , 2014.
MAYOR
ATTEST: 2z6&,t,� /,�- yileq�
CITY ,-tERK
A proved by
City Attorney's Office
Resolution No. 14-
Page 2_
It was moved by Mims and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services ( "Agreement ") is made this 4th day of January,
2014 between Davis Brown Law Firm ( "Consultant "), having an office at 215 10th Street,
Suite 1300, Des Moines, IA 50309 and the City of Iowa City, IA ( "Client ") having an office
at 410 E. Washington St, Iowa City, IA 52240.
In consideration of the mutual promises set forth herein, Client and Consultant agree as
follows:
1. CONSULTANT'S SERVICES
A. Consultant shall perform the professional services ( "Services ") more fully described in
Exhibit A attached hereto and by this reference incorporated herein. Consultant shall
furnish all labor, materials and -supervision necessary to perform the Services.
B. The Consultants shall not commit any of the following employment practices and
agree to prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, color, religion,
sex, national origin, disability, age, marital status, gender identity, or sexual
orientation.
2. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin, disability,
age, marital status, gender identity, or sexual orientation.
C. It is further agreed that no party to this Agreement, including their employees,
representatives, subcontractors or agents, shall perform contrary to any state, federal,
or local law or any of the ordinances of the City of Iowa City.
D. Consultant agrees to specifically assign the agreed upon professional services to
Thomas Stanberry who shall be the primary lobbyist, and who may utilize personnel
qualified and /or suitable to perform the Services. Each person assigned to perform
any part of Consultant's obligations hereunder shall be qualified and, if required by
law, licensed or certified to perform such obligations.
2. COMPENSATION
Client shall compensate Consultant for Services rendered in such amounts as described in
Exhibit B.
3. INVOICES AND PAYMENTS
A. Not more frequently than once a month Consultant shall invoice Client for its fee.
Agreement for Professional Services
January 2014
Page 2
B. Client shall pay each invoice within thirty (30) days of receipt. However, if Client
objects to all or any portion of any invoice, Client shall so notify Consultant within
fifteen (15) days from receipt, give reasons for the objection, and pay that portion of
the invoice not in dispute within thirty (30) days of receipt of the invoice. Unless
otherwise directed in writing, all invoices shall be submitted for payment to the
following address:
City of Iowa City, Iowa
Attn: Thomas Markus
City Manager
410 E. Washington St.
Iowa City, IA 52240
4. INDEPENDENT CONSULTANT STATUS AND SUBCONTRACTORS
Consultant will act solely as an independent contractor in performing the Services,
and nothing herein will at any time be construed to create the relationship of
employer and employee, principal and agent, partners, or joint venturers between
Client and Consultant, or Client's and Consultant's officers, directors, partners,
elected officials, managers, employees or agents. Consultant shall be solely
responsible for the compensations, benefits, worker's compensation, contributions,
withholdings and taxes, if any, of its employees, subcontractors and agents.
5. INDEMNIFICATION, INSURANCE AND THIRD PARTY
BENEFICIARIES
A. Consultant shall indemnify, defend and hold Client harmless from any and
all claims, demands, causes of action, losses, damages, fines, penalties,
liabilities, costs and expenses, including reasonable attorney's fees and
court costs, sustained or incurred by or asserted against Client or Client's
officers, directors, partners, elected officials, managers, employees or
agents, in the capacity of a defendant or witness, by reason of or arising out
of Consultant's breach of this Agreement or Consultant's negligence, gross
negligence or willful misconduct with respect to Consultant's duties and
activities within the scope of this Agreement. The Consultant agrees at all
times material to this Agreement to have and maintain professional liability
insurance cover the Consultant's liability for the Consultant's negligent
acts, errors or omissions to the City in the sum of $1,000,000.
B. This Agreement shall not be construed to create a duty or liability to any
party who is not a signatory party to this agreement, it being the intention
of the parties hereto that their duties and obligations are to each other and
not for the benefit of or for third party beneficiaries.
6. CONFIDENTIALITY
Consultant shall treat as confidential property and not disclose to others during or
subsequent to the term of this Agreement, except as necessary to perform this
Agreement (and then only on a confidential basis satisfactory to both parties), any
information and documents (including without limitation any environmental
information, reports, data, or financial information) which may be delivered to
Consultant by Client.
Nothing above, however, shall prevent Consultant from disclosing to others or
using in any manner information that Consultant can demonstrate:
A. Has been published and has become part of the public domain other than
by acts, omissions or fault of Consultant, their employees, agents,
contractors and /or consultants; or,
B. Has been furnished or made known to Consultant by a third party (other
than those acting directly or indirectly for or on behalf of Consultant or
Client) as a matter of legal right without restrictions on its disclosure; or,
C. Was in Consultant's possession prior to the date of this agreement and /or
prior to the date of disclosure thereof by Client.
D. Must be disclosed pursuant to any statute, law, regulation, ordinance, order
or decree of any governmental authority having jurisdiction over
Consultant or any of its employees, agents, contractors and/or consultants.
The foregoing obligations in this Section 6 shall survive for a period of one (1)
year from the mutual execution of this Agreement.
Agreement for Professional Services
January 2014
Page 4
7. TERM AND TERMINATION OF AGREEMENT
Unless otherwise earlier terminated pursuant to this contract, this Agreement shall
remain in full force and effect for one (1) year following the date of its execution
by the City. Termination of this Agreement shall discharge only those obligations
that are executory by either party on and after the effective date of termination.
Any right or duty of a party based on either performance or a breach of this
Agreement, prior to the effective date of termination, shall survive.
A. Client reserves the right to terminate this Agreement at any time, with or
without cause, upon delivery of written notice to Consultant, even though
Consultant is not in default. If Client terminates this Agreement pursuant
to this paragraph, Client shall compensate Consultant, at the monthly rate
contained in Exhibit B, for all monthly periods completed by Consultant,
and any subsequent monthly period in which Consultant has performed
services for client, up to and including the month of termination.
B. Consultant shall have the right to terminate its obligations pursuant to this
Agreement if one of the following conditions exists and it has not been
remedied or cured within thirty (30) days of Client's receipt of written
notice of such condition:
i. A substantial breach of any material obligation of client under this
Agreement; or
ii. If Consultant is unable for any reason beyond its control to perform
its obligations pursuant to this Agreement in a safe, lawful and
professional manner. It is expressly understood that license and /or
registration requirements are within the control of Consultant.
Upon Consultants termination of its obligations, Client shall pay all
actual expenses and charges as of the date of termination, which
charges and expenses shall not continue to accrue after Client
receives Consultant's notice of termination. In no event will said
expenses and charges exceed the not -to- exceed figures included in
Exhibit B.
C. The termination of this Agreement under the provisions of this Article 7
shall not affect the rights of either party with respect to any damages it has
suffered as a result of any breach of this Agreement, nor shall it affect the
rights or obligations of either party with respect to liability or claims
accrued, or arising out of events occurring or conditions existing, prior to
the date of termination, all of which shall survive such termination.
Agreement for Professional Services
January 2014
Page 5
8. WAIVER
A Waiver on the part of the Client or Consultant of any term, provision or
condition of this Agreement shall not constitute a precedent or bind either Party to
a waiver of any succeeding breach of the same or any other term, provision or
condition of this Agreement.
9. ENTIRE AGREEMENT
This Agreement, including any Exhibits, the Request For Proposal, and Consultant
Proposal, constitute the entire Agreement between Consultant and Client. In the
event of conflict between these documents, this Agreement shall prevail. These
documents supersede all prior or contemporaneous communications,
representations or agreements, whether oral or written, relating to the Services set
forth in this Agreement. This Agreement may be amended only by a written
instrument signed by both parties. The captions in this Agreement are for
convenience in identification of the several provisions and shall not constitute a
part of this Agreement nor be considered interpretative thereof.
10. ASSIGNMENT
This Agreement shall be binding upon the successors or assigns of the parties
hereto. However, this Agreement shall not be assigned by either party without
first obtaining the written consent of the other.
11. SEVERABILITY
Every paragraph, part, term or provision of this Agreement is severable from the
others. If any paragraph, part, term or provision of this Agreement is construed or
held to be void, invalid or unenforceable by order, decree or judgment of a court of
competent jurisdiction, the remaining paragraphs, parts, terms and provisions of
this Agreement shall not be affected thereby but shall remain in full force and
effect.
12. NOTICES
Any information or notices required to be given in writing under this Agreement
shall be deemed to have been sufficiently given if delivered either personally or by
certified mail (return receipt requested, postage prepaid), to the address of the
respective party set forth below, or to such other address for either party as that
party may designate by written notice.
Agreement for Professional Services
January 2014
Page 6
For the Client:
Thomas Markus
City Manager
City of Iowa City
410E. Washington St.
Iowa City, IA 52240
13. GENERAL TERMS
Eff the Consultant:
Thomas Stanberry
Shareholder
Davis Brown Law Firm
215 10 Street, Suite 1300
Des Moines, IA 50309
The Consultants agree to furnish, upon termination of this Agreement and upon
demand by the City, without cost, copies of all data prepared or obtained by the
Consultants pursuant to this Agreement, without restrictions or limitation as to the
use relative to specific projects covered under this Agreement. In such event, the
Consultants shall not be liable for the City's use of such documents on other
projects.
Upon signing this agreement, Consultants acknowledged that Section 362.5 of the
Iowa Code prohibits a City officer or employee from having an interest in a
contract with the City, and certifies that no employee or officer of the City, which
includes members of the City Council and City boards and commissions, has an
interest either direct or indirect, in this agreement, that does not fall within the
exceptions to said statutory provision enumerated in Iowa Code Section 362.5
14. GOVERNING LAW
This Agreement shall be governed and interpreted pursuant to the laws of the State
of Iowa.
IN WITNESS WHEREOF, the Client and Consultant have caused. this
Agreement to be executed by their duly authorized representatives, as follows:
CLIENT:
CONSULTANT:
City of Iowa City
By: _ �dr By:
rMatthew J. Hayek, Mayor Name.—gi& TP,rji
Title: Cimm
Attest:
an K. Karr, City Clerk
City Attorney Office: �� I Z - 3(- L3
EXHIBIT A
CITY OF IOWA CITY, IA
LOBBYING SERVICES
SCOPE OF SERVICES:
Working in consultation with the City Manager and /or his designee, the following are areas of
responsibility of Consultant:
1. Development and maintenance of relationships with members of the Iowa legislature,
legislative leadership, and the executive branch to effectively represent the interests of
the City of Iowa City;
2. Provide assistance in policy development and in the preparation of a government
relations plan to support the City of Iowa City's legislative interests;
3. Monitor State legislative and regulatory issues with potential impact to the City of Iowa
City. Attend all appropriate committee hearings, rules meetings, legislative functions and
other events to promote the interests of the City of Iowa City;
4. Meet with legislators, executive branch, and other stakeholder lobbyists to discuss
weaknesses or merits of specific bills and to influence passage, defeat, amendments, or
introduction of legislation favorable to the City of Iowa City's interests;
5. Regularly communicate with the City of Iowa City concerning current and potential
legislation, regulations, and related issues that could have an impact on the city.
Including regular updates on legislative activities during the legislative session as
arranged with the City Manager and a weekly written update on legislative actions and
impacts;
6. Attend City Council meetings quarterly. In addition, participate in staff meetings as
needed and requested by the City Manager;
7. Outreach, coordination, and collaboration with individuals and groups that have interests
similar to the City of Iowa City including but not limited to the Iowa City Area Chamber
of Commerce, the Metropolitan Coalition, and the Iowa League of Cities;
8. Develop with the City Manager and his staff appropriate grassroots messages that reflect
the City of Iowa City's concerns regarding legislative proposals. These written messages
can then be used to influence leaders to move the City's legislative agenda;
9. Plan and coordinate meetings between the City of Iowa City, legislators, and the
executive branch, including State of Iowa Departments, to discuss legislative issues and
proposals;
10. During the time the legislature is not in session, provide reports on issues of interest or
concern to the City of Iowa City including, but not limited to, action taken at interim
committee meetings, rulemaking hearings, status of task forces, and proposed legislation
and regulations;
11. Obtain and provide data pertaining to matters of interest to the City of Iowa City;
12. Develop, in cooperation with the City Manager's staff and subject to his and the City
Council's approval, an annual strategic work plan identifying from the list of City
infrastructure needs those capital projects that can be best positioned for State finding
support.
13. Provide such other lobbyist duties as are determined to be in the interests of the City
Council and as communicated to the Lobbyist by the City Manager.
Exhibit B
Compensation
The submitted pricing must include all of the costs required to perform the tasks to complete the
project in full. These costs include, but are not limited to, labor, materials, equipment, travel
(lodging and transportation), etc. Proposer shall submit one monthly lump sum fee which shall
be fully inclusive, and which shall be the exclusive sum provided by the City to Proposer. This
fee shall be paid upon invoicing after the completion -of each month.
Fixed, fully inclusive, lump sum fee for Professional Services for each month of service:
2014 Total: $25,200.00 / $2,100.00 PER MONTH