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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 ,&T, ..,< =,,,, 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 'P# 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