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Funding Agreement Between City and Dubuque Marina, Inc. 2022 Boating Infrastructure Tier 1 Grant - Dredge Dubuque MarinaCity of Dubuque City Council Meeting Consent Items # 015. Copyrighted November 20, 2023 ITEM TITLE: Funding Agreement Between City and Dubuque Marina, Inc. 2022 Boating Infrastructure Tier 1 Grant- Dredge Dubuque Marina SUMMARY: City Manager recommending City Council approve the Funding Agreement between the City and Dubuque Marina, Inc. for the partnership agreement to provide the required local match funding for the 2022 B I G Tier 1 Grant to perform maintenance dredging at Dubuque Marina, and hereby authorize the City Manager to execute said agreement, through adoption of the attached resolution. RESOLUTION Approving the Funding Agreement between the City of Dubuque and Dubuque Marina, Inc. for the 2022 Boating Infrastructure Tier 1 Grant Agreement for maintenance dredging at Dubuque Marina SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: FIN ik[91:ILyil21ZIII l+] Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Funding Agreement 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: Funding Agreement Between City and Dubuque Marina, Inc. 2022 Boating Infrastructure Tier 1 Grant - Dredge Dubuque Marina DATE: November 15, 2023 Assistant City Engineer Robert Schiesl is recommending City Council approve the Funding Agreement between the City and Dubuque Marina, Inc. for the partnership agreement to provide the required local match funding for the 2022 BIG Tier 1 Grant to perform maintenance dredging at Dubuque Marina, and hereby authorize the City Manager to execute said agreement, through adoption of the attached resolution. On the original BIG Tier 1 grant application submitted by Dubuque Marina, the application requested $200,000 in grant funds along with $117,500 to be contributed by Dubuque Marina as the local match grant funds. Dubuque Marina, Inc. provided a letter of support dated July 31, 2023, for the 2022 BIG TIER 1 Grant, and has agreed to provide $117,500 toward dredging at the Dubuque Marina. With the City's Notice of Award for the 2022 BIG Tier 1 grant funding and will be responsible for the lead agency role for administering the federal grant, Dubuque Marina has agreed to contribute the $117,500 local match funds as committed to in the original grant application. I concur with the recommendation and respectfully request Mayor and City Council approval. v Micha I C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Robert Schiesl, Assistant City Engineer Jenny Larson Chief Financial Officer 1 Nathan Kelleher, Grant, Budget/Financial Analyst Nathan Steffen. Civil Enaineer THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Robert Schiesl, Assistant City Engineer DATE: November 14, 2023 Dubuque All -America Cfi nrr.na us ur 2007•2012.2013 2017*2019 RE: Funding Agreement Between City and Dubuque Marina, Inc. 2022 Boating Infrastructure Tier 1 Grant - Dredge Dubuque Marina INTRODUCTION The purpose of this memorandum is to provide the City Council with information related to the recommendation for approval of the Funding Agreement between City and Dubuque Marina, Inc. for the partnership agreement to provide the required local match funding for the 2022 Boating Infrastructure Tier 1 Grant (BIG Tier 1) to perform maintenance dredging at Dubuque Marina. BACKGROUND The Sportfishing and Boating Safety Act - BIG Tier 1 grant funding supports boating as a popular recreational activity; there are approximately 11.8 million registered recreational boats in the United States. Of this total, an estimated 584,000 are at least 26 feet long. The Sportfishing and Boating Safety Act of 1998 (Public Law 105-178) established the Boating Infrastructure Grants (BIG) Program (16 U.S.C. 777g-1) to provide funding to the 50 States, for the construction, renovation, and maintenance of boating infrastructure facilities for transient recreational vessels at least 26 feet long that are operated, leased, rented, or chartered primarily for pleasure. In the fall of 2022, Dubuque Marina originally submitted a BIG Tier 1 grant application to the Iowa DNR for dredging the marina to provide transient boaters, and boaters who operate vessels 26 feet or larger, access to docking and safe harbor facilities, including fueling, pump -out, bathroom and shower facilities, access to clean water, electricity, and other utilities. In February 2023, Dubuque Marina was notified by the Iowa DNR that they were awarded $200,000 in BIG Tier 1 grant funding. During the grant development process, it became apparent that it would be challenging for Dubuque Marina to administer and comply with all the federal grant requirements. Based on the potential challenges for Dubuque Marina to successfully administer a federal BIG Tier 1 grant funded project, the Iowa DNR approached the City to inquire if the City would be interested in becoming the BIG Tier 1 Grant Recipient and be the responsible lead agency for administering the federal grant. Since the City regularly performs maintenance dredging projects and has successfully completed two (2) previous BIG grant funded project, City staff supports assuming the lead agency role for the 2022 BIG Tier 1 grant to perform maintenance dredging at Dubuque Marina. BIG TIER 1 GRANT APPLICATION Since the Dubuque Marina was the original grant applicant, for the City to become the Grant Recipient, the City was required to submit a new, separate application to the FWS and Iowa DNR for the 2022 Boating Infrastructure Tier 1 Grant. On August 7t", 2023, per Resolution 248-23, the City Council authorized staff to submit the 2022 Boating Infrastructure Tier 1 Grant application. On November 3rd, 3023, the City received the Notice of Award from the Iowa DNR / USFWS for the BIG Tier 1 Grant. On November 91", 2023, the Iowa DNR Commission approved the Subrecipient Grant Agreement. BIG TIER 1 GRANTS - DREDGING PLAN Upon reviewing the BIG grant eligible scope of work for maintenance dredging, and after discussions with Dubuque Marina and Iowa DNR staff, City staff is proposing a 2- phase dredging project to support the local and regional transient boating at the marina. The objective and scope of work for the 2022 BIG TIER 1 Grant funding that was awarded is to perform maintenance dredging within the area shown in Figure 1, to an approximate river bottom elevation of 586-Ft., which will provide adequate depth for transient boats 26 feet in length or greater and will create a safe open water for navigating vessels from the Peosta Channel to and from the marina transient docks. At 7.00' Ri—sexy, Ab— W.— U' - l' D—P 2022 131 C' (-,RANT DREDGE AREA 2024 BIG GRANT S O 1 DREDGEAREA 1 Figure 1 - Dubuque Marina Areas to be Dredged 2 2022 BIG Tier 1 Grant Funding will be used to perform maintenance dredging within the area outlined in RED. City of Dubuque submitted a 2024 BIG Tier 1 Grant Application to assist in funding to perform maintenance dredging within the area outlined in GREEN. On September 5t", 2023, per Resolution 284-23, the City Council authorized staff to submit the 2024 Boating Infrastructure Tier 1 Grant application. The objective and scope of work for the proposed 2024 BIG Grant funding is to continue with the completion of maintenance dredging within the area shown in Figure 1, to an approximate river bottom elevation of 586-Ft. This will create a larger open waterway for navigating transient vessels from the Peosta Channel to and from the marina transient docks and provide safe access to the existing transient dock for fuel, water, and holding tank pump -out. The proposed 2-phase dredging project will provide adequate depth and an improved open waterway for safely navigating transient vessels. By dredging and creating the open waterway from the Peosta Channel to the marina transient docks, this will create improved water flow and water circulation which will reduce the potential for future sediment siltation within the proposed dredge location. The proposed dredged open waterway will be more sustainable long-term and will maximize the return on the investment of federal BIG funding with a long-term solution in providing safe harbor access for daily and overnight transient boaters. DUBUQUE MARINA FUNDING AGREEMENT Dubuque Marina, Inc. provided a letter of support dated July 31, 2023, for the 2022 BIG TIER 1 Grant, and has agreed to provide $117,500 toward dredging at the Dubuque Marina. City staff has worked with the Legal Department to develop a project Funding Agreement between the City and Dubuque Marina, Inc. for providing the private participation local match funding for the 2022 BIG TIER 1 Grant. This mutual partnership between the City and Dubuque Marina, Inc. to dredge the requested areas outside the City's Lease obligation to maintain, does not obligate the City to maintain said areas in the future, although future partnerships can be considered. RECOMMENDATION I recommend that the City Council approve the Funding Agreement between the City and Dubuque Marina, Inc. for the partnership agreement to provide the required local match funding for the 2022 BIG Tier 1 Grant to perform maintenance dredging at Dubuque Marina. BIG TIER 1 - PROJECT FUNDING With the original BIG Tier 1 grant application submitted by Dubuque Marina, the application requested $200,000 in grant funds along with $117,500 to be contributed by Dubuque Marina as the local match grant funds. With the City's Notice of Award for the 2022 BIG Tier 1 grant funding and will be responsible for the lead agency role for administering the federal grant, Dubuque Marina has agreed to contribute the $117,500 local match funds as committed to in the original grant application. 3 If the City is successful in being awarded the 2024 BIG Tier 1 grant funding, the proposed project funding is summarized as follows: Description Fund Amount 2022 BIG Tier 1 Grant - Notice of Award $ 200,000.00 Private Participation - Dubuque Marina (Local Match) 117,500.00 2024 BIG Tier 1 Grant - Application Request Pending 170,271.00 Private Participation - Dubuque Marina (Local Match) 100,000.00 Total Dredge Funding $ 587,771.00 REQUESTED ACTION I respectfully request that the City Council approve the Funding Agreement between the City and Dubuque Marina, Inc. for the partnership agreement to provide the required local match funding for the 2022 BIG Tier 1 Grant to perform maintenance dredging at Dubuque Marina, and hereby authorize the City Manager to execute said agreement, through adoption of the attached resolution. cc: Jenny Larson, Chief Financial Officer Nathan Kelleher, Grant, Budget/Financial Analyst Nathan Steffen, Civil Engineer Dubuque Marina, Inc. F:\PROJECTS\DREDGING PROJECTS\2024 Maintenance Dredge\2022 DNR BIG Tier 1 Grant\Funding Agreement - Dbq Marina 12 Prepared by Robert Schiesl City of Dubuque Engineerfng 50 W. 13th St. Dubuque, IA 52001 (563)589-4270 Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 131h St. Dubuque, IA 52001 (563)589-4100 RESOLUTION NO. 380-23 APPROVING THE FUNDING AGREEMENT BETWEENTHE CITY OF DUBUQUE AND DUBUQUE MARINA, INC. FOR THE 2022 BOATING INFRASTRUCTURE TIER 1 GRANT AGREEMENT FOR MAINTENANCE DREDGING AT DUBUQUE MARINA WHEREAS, City staff met with Dubuque Marina, Inc. to review the river bottom bathometric survey contour maps, evaluate maintenance dredging needs, and prioritize maintenance dredging locations based on current operational challenges for safe harbor access for recreational and transient boat navigational access; and WHEREAS, Dubuque Marina, Inc. requested and identified the location to be dredged utilizing the 2022 BIG Tier 1 Grant funding; and WHEREAS, on August 7th, 2023, per Resolution 248-23, the City Council authorized staff to submit the 2022 BIG Tier 1 Grant application to the Iowa DNR for dredging Dubuque Marina to provide transient boaters, and boaters who operate vessels 26 feet or larger, access to docking and safe harbor facilities; and WHEREAS, on November 3rd, 3023, the City received the Notice of Award from the Iowa DNR for the 2022 BIG Tier 1 Grant in the amount of $200,000; and WHEREAS, on November 9th, 2023, the Iowa DNR Commission approved the 2022 BIG Tier 1 Subrecipient Grant Agreement with the City of Dubuque; and WHEREAS, Dubuque Marina, Inc. has provided a letter of support dated July 31, 2023, for the 2022 BIG Tier 1 Grant, and has agreed to provide $117,500 as local match funds toward dredging at the Dubuque Marina; and WHEREAS, City and Dubuque Marina, Inc. now desire to enter into a Funding Agreement to perform maintenance dredging at the Dubuque Marina, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That said Funding Agreement between City and Dubuque Marina, Inc. for the partnership agreement to provide the required local match funding for the 2022 BIG Tier 1 Grant to perform maintenance dredging at Dubuque Marina is hereby approved. SECTION 2. That the City Manager be authorized and directed to execute said Funding Agreement between City and Dubuque Marina, Inc. for the partnership agreement to provide the required local match funding for the 2022 BIG Tier 1 Grant to perform maintenance dredging at Dubuque Marina. Passed, adopted, and approved this 201" day of November 2023. Attest: Adrienne N. Breitfelder, City Clerk FUNDING AGREEMENT BETWEENTHE CITY OF DUBUQUE, IOWA AND DUBUQUE MARINA, INC. FOR A 2022 BOATING INFRASTRUCTURE TIER 1 GRANT AGREEMENT FOR MAINTENANCE DREDGING AT DUBUQUE MARINA This Funding Agreement (this Agreement), dated for reference purposes the 14' day of November 2023, is made and entered into by and between the City of Dubuque, Iowa (City) and Dubuque Marina, Inc. WHEREAS, City staff met with Dubuque Marina, Inc. to review the river bottom bathometric survey contour maps, evaluate maintenance dredging needs, and prioritize maintenance dredging locations based on current operational challenges for safe harbor access for recreational and transient boat navigational access; and WHEREAS, Dubuque Marina, Inc. identified the location outlined in red as shown in Figure 1 as their priority to be dredged utilizing the 2022 BIG Tier 1 Grant funding; and LEGEND At 7.00' River Stage Ab— Water Deep 2'-T Deep 3'- 4' Deep C l/ 4'-5' Deep ✓ 7RANSIEN7 SOCK Aim 2022 BIG GRANT DREDGE AREA 2024 SIG GRANT DREDGE AREA r Figure 1 - Dubuque Marina Areas to be Dredged WHEREAS, on August 7th, 2023, per Resolution 248-23, the City Council authorized staff to submit the 2022 BIG Tier 1 Grant application to the Iowa DNR for dredging Dubuque Marina to provide transient boaters, and boaters who operate vessels 26 feet or larger, access to docking and safe harbor facilities; and WHEREAS, on November 3rd, 3023, the City received the Notice of Award from the Iowa DNR for the 2022 BIG Tier 1 Grant in the amount of $200,000; and WHEREAS, on November 9th, 2023, the Iowa DNR Commission approved the 2022 BIG Tier 1 Subrecipient Grant Agreement with the City of Dubuque; and WHEREAS, Dubuque Marina, Inc. has provided a letter of support dated July 31, 2023, for the 2022 BIG Tier 1 Grant, and has agreed to provide $117,500 as local match funds toward dredging at the Dubuque Marina; and WHEREAS, City and Dubuque Marina, Inc. now desire to enter into a Funding Agreement to perform maintenance dredging at the Dubuque Marina. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN CITY AND DUBUQUE MARINA, INC. AS FOLLOWS: SECTION 1. AGREEMENT SUBJECT TO CONTRACT AWARD. This Agreement shall be subject to the City executing the Subrecipient Grant Agreement (Agreement No. 24CRDFBGSCHO-0002) with the Iowa Department of Natural Recourses for the 2022 Boating Infrastructure Tier 1 Grant. SECTION 2. CITY AS LEAD AGENCY. City shall assume the lead agency for administration of the 2022 BIG Tier 1 Grant. SECTION 3. DREDGING RESPONSIBILITY. City shall perform the dredging described in the 2022 BIG Tier 1 Grant Agreement (the Dredging Work) incorporated herein by this reference. Dubuque Marina, Inc. shall cooperate with City but shall have no responsibility for any of the Dredging Work. SECTION 4. PRIVATE PARTICIPATION. In consideration for City assuming the lead agency and performing the Dredging Work, Dubuque Marina, Inc. agrees to contribute One Hundred Seventeen Thousand Five Hundred Dollars ($117,500.00) to City as follows: A. Appointment of Private Participation Funds Agent. City is hereby appointed to act as Private Participation Funds Agent hereunder and agrees to act as such. B. Private Participation Funds and Account. a. Private Participation Funds. Dubuque Marina, Inc. agrees to deliver to City the sum of One Hundred Seventeen Thousand Five Hundred Dollars ($117,500.00) (Private Participation Funds) within seven (7) days after delivery to Dubuque Marina, Inc. City's notice to Dubuque Marina, Inc. that City has executed a Public Improvement Construction Contract for the Dredge Work utilizing the 2022 BIG Tier 1 Grant funds. b. Account. City shall establish a segregated account for the Private Participation Funds. c. Disbursements. Funds in the Private Participation Account will be available to City any time City in its sole discretion deems necessary to pay for the Dredging Work. City, as Private Participation Agent, is authorized to disburse consistent with this Agreement cash comprising all or part of the Private Participation Funds to provide for any payments required to be made pursuant to this Agreement. Any Private Participation Amount in the Account remaining after the payment of all costs of the Dredging Work shall be promptly refunded to Dubuque Marina, Inc. C. Term and Termination. The Account shall be closed on that date upon which all Private Participation Funds have been disbursed. CITY OF DUBUQUE, IOWA By: !/ Mi hael C. Van Milligen City Manager DUBUQUE MARINA, INC. By: _ <�- Ja ie Becker, Partner E)ub'uqkje Marina, Inc.