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2022 Emerald Ash Borer Community Forestry Grant AwardCity of Dubuque City Council Meeting Action Items # 04. Copyrighted June 20, 2022 ITEM TITLE: 2022 Emerald Ash Borer Community Forestry Grant Award SUMMARY: City Manager providing notification of the receipt of the Iowa Department of Natural Resources Community Forestry Grant award. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description 2022 Emerald Ash Borer Community Forestry Grant Award-MVM Memo 2022 Emerald Ash Borer Community Forestry Grant Award Staff Memo 2022 Emerald Ash Borer Community Forestry Grant Agreement 2022 Emerald Ash Borer Community Forestry Grant Award Letter Type City Manager Memo Staff Memo Supporting Documentation Supporting Documentation THE CITY OF Dubuque DUB TEE1. All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Notice of Award for Iowa Department of Natural Resources Community Forestry Grant DATE: June 15, 2022 Leisure Services Manager Marie Ware is providing information for the Iowa Department of Natural Resources Community Forestry Grant award. The Iowa DNR received funds for Emerald Ash Borer reforestation through the USDA Forest Service and National Association of State Foresters 2021 State Urban Forest Resilience Grant Program. The Community Forestry Grant Program provides reimbursable grant from $500 to $5,000 to be used for the purchase and planting of trees suitable to Iowa. A dollar -for -dollar cash match is required for the purchase of trees and materials from Iowa businesses. The Dubuque Trees Forever group has completed the grant application and the City is the applicant. On April 18, 2022, City Council approved our request to apply for the Iowa Department of Natural Resources Community Forestry Grant. On April 11, 2022, the City was notified of the award. v Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Marie Ware, Leisure Services Manager THE CITY OF Dubuque D��rkt GIC} Taste icce on the Mississippi20 -2013 � 12019 �01� 1717* TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Notice of Award for Iowa Department of Natural Resources Community Forestry Grant DATE: 6/6/2022 INTRODUCTION The purpose of this memorandum is to provide information for the Iowa Department of Natural Resources Community Forestry Grant. The Iowa DNR received funds for Emerald Ash Borer reforestation through the USDA Forest Service and National Association of State Foresters 2021 State Urban Forest Resilience Grant Program. The Community Forestry Grant Program provides reimbursable grant from $500 to $5,000 to be used for the purchase and planting of trees suitable to Iowa. A dollar -for -dollar cash match is required for the purchase of trees and materials from Iowa businesses. The Dubuque Trees Forever group has completed the grant application and the City is the applicant. On April 18, 2022 City Council approved our request to apply for the Iowa Department of Natural Resources Community Forestry Grant. On April 11, 2022,the City was notified of the award. The details of the award are below. Award Amount: $5,000.00 Match Required: Yes Match Amount: $7,838.19 Anticipated Receipt of Money: 7/30/2022 Department Contact: Steve Fehsal-Park Division Manager Department Involved: Leisure Services GRANT OBJECTIVE The purpose of this grant is to provide funding for planting trees on City owned lands due to Emerald Ash Borer. GOAL(S) ADDRESSED Council Goal: Sustainable Environment: Preserving and Enhancing Natural Resources Outcome(s) Reduce the community's carbon footprint (50% by 2030) Value(s) Clean water and air ACTION STEP The purpose of this memo is to provide information on the award of the Iowa Department of Natural Resources Community Forestry Grant. CC: Crenna Brumwell, City Attorney Jennifer Larson, Director of Budget and Finance Cassie Ross, Assistant Director of Finance Memo prepared by: Steve Fehsal, Park Division Manager IOWA DEPARTMENT OF NATURAL RESOURCES GOVERNOR Kim REYNOLDS . LT. GOVERNOR ADAM GREGG DIRECTOR KAYLA LYON Department of Natural Resources GRANT PROJECT COOPERATIVE AGREEMENT- 2022 Emerald Ash Borer Community Forestry Grant Program GRANTEE: CITY OF DUBUQUE FEDERAL GRANT AGREEMENT NUMBER: 21-DG-11094200-153 SUBAWARD PERIOD OF PERFORMANCE: April 11, 2022 through July 15, 2022 GRANT AWARD AMOUNT: $5,000.00 PROJECT COMPLETION DATE: July 15, 2022 1. PARTIES, AUTHORITY, and PARTY CONTACTS. The parties to this Emerald Ash Borer Community Forestry Grant Program Project Cooperative Agreement are the Iowa Department of Natural Resources, an agency of the State of Iowa (the Department or DNR), and the City of Dubuque (Organization or the Grantee). The City of Dubuque is a municipality. The City of Dubuque's address is: 11000 Airport Road, Dubuque, IA 52003. The parties make this Grant Project Cooperative Agreement under the authority of Iowa Administrative Code 456A.24(13) and 571 chapter 34. Each party has designated a Contact, who shall be responsible for oversight and negotiation of any Grant Project Cooperative Agreement amendments, as follows: DNR Contact: Emma Hanigan Urban Forestry Coordinator 502 East 9`' Street Des Moines, IA 50319 Phone: (515) 249-1732 Email: emma.hanigan@dnr.iowa.gov Name of Grantee Cheryl Sheldon Contact: City of Dubuque 11000 Airport Road Dubuque, IA 52003 Phone: 563-589-4234 Email: csheldon@cityofdubuque.org 2. PURPOSE. The purpose of the Emerald Ash Borer Community Forestry Grant Program is to establish community tree planting projects on public lands that benefit the citizens of the state of Iowa in response to the impact on ash trees with the invasive Emerald Ash Borer. WALLACE BUILDING, 502 E 9T" ST, DES MOINES IA 50319 Phone: 515-725-8200 www.lowaDNR.gov Fax: 515-725-8201 3. GENERAL DESCRIPTION OF PROJECT. This Grant Project Cooperative Agreement is for the purpose of implementing the project described in the Organization's project proposal dated March 29, 2022, which is attached and by this reference made a part of this Grant Project Cooperative Agreement, except for the exemptions identified later in this provision, and summarized as follows: The purpose of this project is to establish community tree planting projects on public lands that benefit the citizens of the state of Iowa in response to tree loss from emerald ash borer. The funding provided by the Rebuilding Iowa's Infrastructure Funds Program will be used to purchase landscape trees and mulch for Iowa firms which meet the quality nursery specifications outlined in the grant application documents. The 2022 Emerald Ash Borer Community Forestry Grant Program provides up to 50% cost -share, not to exceed $5, 000. The Grantee also shall comply with the requirements of the Emerald Ash Borer Community Forestry Grant Program Description and Instructions, which shall be incorporated by this reference and made part of this Grant Project Cooperative Agreement. 4. RECORDKEEPING: The Grantee shall maintain the following records and shall submit the records to DNR: 1. Evidence of payment by Grantee of funds to implement the project proposal, including but not limited to paid invoices, copies of cancelled checks or other evidence of payment. All invoices must be dated no earlier than April 11, 2022, and no later than July 15, 2022. 2. Any other records that show how funds were spent on this project. 5. GRANTS AND REIMBURSEMENTS. The Department will reimburse the costs described and in the project proposal up to a maximum amount of $5,000.00. No single item may be purchased at a cost of $5000.00 or more. a) The Grantee shall submit a request for reimbursement on the Organization's standard billing form or organizational letterhead upon completion of the project. The reimbursement request shall be consistent with the project expense information contained in the Grantee's proposal. The request for reimbursement shall be accompanied by and the expenses shall meet the requirements of the DNB's Project Billing Certification. The Project Billing Certification shall be signed by an authorized official of the Grantee. Payment requests shall be submitted via e-mail to the following: Emma Hanigan Urban Forestry Coordinator 502 East 91 Street Des Moines, 1A 50319 Phone: (515) 249-1732 Email: emma.hanigan@dnr.iowa.gov b) The Grantee shall submit all final documents and DNR's Project Billing Certification packet by July 15, 2022, describing the activities occurring to date to the DNR Project Coordinator named in section 5a, above. c) The Department will pay all approved billing requests pursuant to Iowa Code section 8A.514 if, in its sole discretion, such payment is appropriate pursuant to this Grant Project Cooperative Agreement. The Department may pay in less than sixty (60) days, as provided in Iowa Code section 8A.514. However, an election to pay in less than sixty (60) days shall not act as an implied waiver of Iowa Code section 8A.514. d) The Grantee shall submit documentation of only expenditures that are less than or equal to $5000 total value for a single item, that have been paid in full, that are identifiable and in accordance with the approved request, and that have been incurred between April 11, 2022, and July 15, 2022. 6. RESPONSIBILITIES. The Grantee shall perform all work necessary to complete the project as outlined in the project proposal. The Grantee is solely responsible for project completion as outlined in the project proposal. The Department may provide assistance at the request of the Grantee, or at the Director's recommendation. The Grantee, its employees, agents, and contractors shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations and orders when performing the work under this Grant Agreement. Nothing in this Grant Project Cooperative Agreement shall obligate the Department to or preclude the Department from making additional funds available to the Grantee or its affiliates, including any maintenance costs. The Grantee specifically agrees, in compliance with the provisions of 571 Iowa Administrative Code section 34.12, that the Grantee will maintain the trees planted on public lands as a part of this project for a period of ten years. 7. AMENDMENTS. This Grant Project Cooperative Agreement may be amended only by written agreement of the parties, which is signed by the Department Director, or designee, and an authorized official of the Grantee. Requests for amendments shall be directed to the Coordinator named in 4a, above. 8. EFFECTIVE DATE/TERMINATION. This Grant Agreement shall become effective upon signature by both parties and shall terminate on July 15, 2022. All work specified in the project proposal shall be completed by no later than July 15, 2022. The Department may terminate this Grant Project Cooperative Agreement upon notice to the Grantee in the event the Grantee fails to comply with any provision of this Grant Project Cooperative Agreement. If an item is purchased at more than $5000 that item will be considered ineligible and no percentage of it will be reimbursed. If the completed Project Billing Certification documentation is not received by DNR by July 15, 2022, the grant will be cancelled and upon cancellation this Grant Project Cooperative Agreement will be null and void. 9. AVAILABILITY OF FUNDS: The Department shall have the right to terminate the Grant Project Cooperative Agreement without penalty if, in the Department's sole discretion, adequate funds are not appropriated or granted to allow the Department to operate as required and to fulfill its obligations under this Grant Project Cooperative Agreement or funds are de -appropriated; if funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; if the Department's authorization to conduct its business or engage in activities or operations related to the subject matter of this Grant Project Cooperative Agreement is withdrawn or materially altered or modified; if the Department's duties, programs or responsibilities are modified or materially altered; or if there is a decision of any court, administrative law judge or an arbitration panel or any law, rule, regulation or order is enacted, promulgated or issued that materially or adversely affects the Department's ability to fulfill any of its obligations under this Grant Project Cooperative Agreement. 10. INDEMNIFICATION; LIMITATION OF LIABILITY: The Grantee agrees to indemnify and hold harmless the State of Iowa and the Department, its officers, employees and agents appointed and elected and volunteers from any and all costs, expenses, losses, claims, damages, liabilities, settlements and judgments, including reasonable value of the time spent by the Attorney General's Office, and the costs and expenses and reasonable attorneys' fees of other counsel required to defend the State of Iowa or Department, related to or arising from the Grantee's acts or omissions pursuant to this Grant Project Cooperative Agreement. Indemnification obligations of the Grantee shall survive termination of this Grant Project Cooperative Agreement. Nothing in this Grant Project Cooperative Agreement shall be construed to create j oint or several liability of a party hereto for the acts, omissions or obligations of the other party. Every person who is a party to the Grant Project Cooperative Agreement is hereby notified and agrees that the State, the Department, and all of their employees, agents, successors, and assigns are immune from liability and suit for the Grantee's and its subcontractors' activities involving third parties arising from the Grant Project Cooperative Agreement. 11. JOINT AND SEVERAL LIABILITY. If the Grantee is a joint entity, consisting of more than one individual, partnership, corporation or other business organization, all such entities shall be jointly and severally liable for carrying out the activities and obligations of this Grant Project Cooperative Agreement, and for any default of activities and obligations. 12. RIGHT TO REVIEW AND OBSERVE: ACCESS TO RECORDS. The Department shall have the right to review and observe, at any time, completed work or work in progress related to the Grant Project Cooperative Agreement. The Grantee shall permit the Department or its agents to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, reports, papers and records of the Grantee relating to orders, invoices, or payments or any other documentation or materials pertaining to this Grant Project Cooperative Agreement. Upon the request of the Department, the Grantee shall deliver to the Department or its agents said documentation or materials. 13. PUBLIC RECORDS: RECORDS RETENTION. All records submitted to or inspected by the Department regarding this Grant Project Cooperative Agreement, including this Grant Project Cooperative Agreement, shall be public records and subject to the Open Records Law in Iowa Code chapter 22. All records of the Grantee relating to this Grant Project Cooperative Agreement shall be retained for a period of three (3) years following the date of final payment or completion of any required audit, whichever is later. 14. GOVERNING LAW. This Grant Agreement shall be interpreted in accordance with the law of the State of Iowa, and any action relating to the Grant Project Cooperative Agreement shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern District of Iowa. 15. COMPLIANCE WITH LAWS. The Grantee agrees that, during the duration of and as a condition of the state's duty to perform under the terms of this Grant Project Cooperative Agreement, it will be in compliance with all applicable laws and regulations of the state and federal government, including but not limited to Equal Employment Opportunity provisions, Occupational Health and Safety Act, minimum wage requirements, records retention, audit requirements, and allowable costs. 16. ASSIGNMENT AND DELEGATION. The Grantee may not assign, transfer or convey in whole or in part this Grant Project Cooperative Agreement without the prior written consent of the Department. For the purpose of construing this clause, a transfer of a controlling interest in the Grantee shall be considered an assignment. The Grantee may not delegate any of its obligations or duties under this Grant Project Cooperative Agreement without the prior written consent of the Department. 17. REPAYMENT OBLIGATION. In the event that any funds are deferred or disallowed as a result of any audits or expended in violation of this Grant Project Cooperative Agreement or the laws applicable to the expenditure of such funds, the Grantee shall be liable to the Department for the full amount of any claim disallowed and for all related penalties incurred. If the Department determines at any time, whether through monitoring, audit, closeout procedures or by other means that the Grantee has received grant funds or requested reimbursement for costs which are unallowable under the terms of this Grant Project Cooperative Agreement or applicable laws, the Grantee will be notified of the questioned costs and given an opportunity to justify questioned costs prior to the Department's final determination of the disallowance of costs. If it is the Department's final determination that costs previously paid by the Department are unallowable under the terms of the Grant Project Cooperative Agreement, the expenditures will be disallowed and the Grantee shall immediately repay to the Department any and all disallowed costs. The requirements of this paragraph shall apply to the Grantee as well as any subcontractors or subrecipients. 18. WAIVER. Except as specifically provided for in a waiver signed by duly authorized representatives of the Department and the Grantee, failure by either party at any time to require performance by the other party or to claim a breach of any provision of the Grant Project Cooperative Agreement shall not be construed as affecting any subsequent right to require performance or to claim a breach. 19. INTEGRATION. This Grant Project Cooperative Agreement, including the Grantee's proposal dated (date) and the Derecho Community Forestry Grant Program Description and Instructions, contains the entire understanding between the Grantee and the Department and any representations that may have been made before or after the signing of this Grant Project Cooperative Agreement, which are not contained herein, are nonbinding, void and of no effect. Neither of the parties has relied on any such prior representation in entering into this Grant Project Cooperative Agreement. 20. EXECUTION: By signing this Grant Project Cooperative Agreement, the Grantee agrees to the terms and conditions set forth in this Grant Project Cooperative Agreement, failure to meet the terms and conditions of this Grant Project Cooperative Agreement may be cause for repayment of all or part of the grant funds. Digitally signed by Jeff Goerndt Jeff Goerndt Date: 2022.05.03 09:07:47 -05'00' Date Jeff Goerndt, State Forester Iowa Department of Natural Resources Fed ID # Grantee Signatffe 105 3oa Michael Van Milligen DUNS/UEI# Print Name IOWA DEPARTMENT OF NATURAL RESOURCES April 11, 2022 Cheryl Sheldon City of Dubuque 11000 Airport Road Dubuque, IA 52003 Dear Cheryl Sheldon, GOVERNOR Kim REYNOLDS LT. GOVERNOR ADAM GREGG DIRECTOR KAYLA LYON The Iowa Department of Natural Resources Forestry Section is pleased to inform you that your application for 2022 Emerald Ash Borer Community Forestry Grant Program (EAB CFGP) for emerald ash borer recovery was approved for the following: 2022 EAB CFGP GRANT AMOUNT: $ 5,000.00 This Grant shall be used for the tree planting project described in your Emerald Ash Borer Community Forestry Grant Program Application dated (date). This Grant must requires a $1 for $1 cash match. Note: NO SINGLE ITEM PURCHASED AT $5000 OR MORE IS ELIGIBLE! The maximum time allowed for project completion shall be no later than July 15, 2022. To confirm your desire to use this allocation as identified above, by no later than May 11, 2022, you must sign and return to DNR both this award letter and the enclosed Grant Project Cooperative Agreement. To: Emma Hanigan DNR Forestry— Urban Program 502 E 9th Street Des Moines, IA 50319 Phone: 515-249-1732 Digitally signed by Jeff Goerndt Jeff G o e r n d t Date: 2022.05.03 09:07:05 -05'00' Jeff Goerndt, State Forester Grantee Date 04/20/2022 Date WALLACE BUILDING, 502 E 9T" ST, DES MOINES IA 50319 Phone: 515-725-8200 www.lowa DN R.gov Fax: 515-725-8201