SMART Grant contract with the City of Dubuque 11-03-2024Prepared by David Ness City of Dubuque Engineering 50 W. 13" St Dubuque IA 52001 (563) 589-4270
Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 13" St. Dubuque, IA 52001 (563) 589-4100
RESOLUTION NO. 326-24
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A GRANT FUNDING
AGREEMENT FOR SERVICES BETWEEN THE CITY OF DUBUQUE AND THE EAST
CENTRAL INTERGOVERNMENTAL ASSOCIATION (ECIA) IN CONNECTION WITH
THE SMART GRANT - METRO DUBUQUE TRAFFIC DATA AGGREGATION FOR
CONNECTED VEHICLES PROJECT FOR THE DMATS AREA
WHEREAS, the City of Dubuque desires to support the development of an open
interface to deliver near real-time transportation data to vehicles, as part of the SMART
Grant - Metro Dubuque Traffic Data Aggregation for Connected Vehicles Project for the
Dubuque Metropolitan Area Transportation Study (DMATS) area; and
WHEREAS, the East Central Intergovernmental Association (ECIA) was awarded
$2 million from the U.S. Department of Transportation (DOT) SMART funding to develop
this project, which will collect, standardize, and aggregate transportation data across
local, regional, and state levels, ensuring the delivery of real-time data for traffic
conditions, road closures, and other related data to original equipment manufacturers and
third -party stakeholders; and
WHEREAS, the City of Dubuque will provide professional services to assist in the
implementation of this project, as outlined in the Scope of Services (Attachment A), and
will collaborate with ECIA and its partners to ensure successful project execution and
progress throughout the 18-month performance period, commencing in August 2024 and
running through February 2026; and
WHEREAS, the City will invoice ECIA for services performed, up to $75,000, with
monthly invoices submitted and payments due upon receipt, with provisions for amending
the agreement if services exceed the initial limit; and
WHEREAS, the proposed project will leverage existing smart transportation
infrastructure and ITS devices to deliver critical transportation data directly to vehicles,
enhancing safety, efficiency, and traffic flow across the Dubuque metropolitan area;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1: That the Mayor is hereby authorized to execute the Grant Funding
Agreement for Services Between the City of Dubuque and the East Central
Intergovernmental Association (ECIA) in connection with the SMART Grant - Metro
Dubuque Traffic Data Aggregation for Connected Vehicles Project for the DMATS area.
Passed, approved, and adopted this 21st day of October, 2024
Attest:
Adrienne N. Breitfelder,"City Clerk
Bfad M. Ca gh, Mayor
in this Agreement shall be construed as creating any agency, partnership, joint venture,
or other form of employment or fiduciary relationship between the Parties.
SECTION 5. Property
The City is responsible for acquiring or using existing property, real or personal, as it
deems necessary in performing work under this Agreement.
SECTION 6. Termination by ECIA
6.1. ECIA may, by thirty (30) days written notice to the City, terminate this Agreement
in whole or in part at any time:
a) For ECIA's convenience,
b) For the failure of the City to fulfill its obligations under the Agreement, or
c) As the funding source for the Agreement ceases to exist.
Upon receipt of such notice, the City will (1) immediately discontinue all affected services
(unless the notice directs otherwise) and (2) deliver to ECIA all data, files, and any other
materials related to the project and the City's performance of this Agreement within thirty
(30) calendar days of receiving the termination notice.
6.2. If ECIA elects to terminate this Agreement for convenience, The City will be paid
the amount due and owing up to and including the date work was discontinued. If the
date of termination does not fall on the last business day of a month, the services for that
month will be prorated based on the date of termination and the monthly invoice amount.
6.3. If ECIA elects to terminate this pursuant to 6.1(b). Upon receipt of written notice
of termination from ECIA, the City will have ten (10) days to cure any breach cited by the
ECIA in its notice of termination to the satisfaction of ECIA in its sole discretion. If ECIA
deems any such breach cured, it must notify the City in writing that the City's efforts to
cure are acceptable and that performance under this Agreement will continue.
SECTION 7. Termination by the City
7.1 The City may terminate this Agreement by thirty (30) days written notice to ECIA
for the following reasons:
1. Both parties agree a continuation of this Agreement will not be in the best
interests of the City.
2. The City ceases to exist or it is restricted or prohibited by its governmental
authorities from continuing to provide services under this Agreement.
7.2 If the City elects to terminate this Agreement, the City will be paid the amount due
and owing up to and including the date work was discontinued. If the date of termination
does not fall on the last business day of a month, the services for that month will be
prorated based on the date of termination and the monthly invoice amount.
SECTION 8. Political Activity
No portion of the ECIA's payment to the City may be used for any partisan political activity
or, to further the election or defeat of any candidate for public office, or to further the
election or defeat of any cause subject to public vote.
SECTION 9. Miscellaneous
9.1. Force Majeure. In the event that the City is delayed or hindered in or prevented
from the performance of any act by an occurrence beyond the reasonable control of the
City and without its fault or negligence, including but not limited to strikes, lockouts, labor
troubles, unavailability or excessive price of fuel, power failure, riots, insurrection, war,
terrorist activities, chemical explosions, hazardous condition, fire, weather, or acts of God,
then performance of any such act will be extended for a period equivalent to the period
of such delay.
9.2. Entire Agreement. This Agreement constitutes the entire Agreement of the Parties
and supersedes all prior agreements.
9.3. Modifications. This Agreement may not be modified except in writing and signed
by ECIA and the City.
9.4. Applicable Law and Venue. This Agreement is governed by the laws of the State
of Iowa, and the venue for any action with respect to this Agreement is the District Court
of Dubuque County, Iowa.
9.5. Authority. The City and ECIA represent that each, respectively, has full right,
power and authority to execute this Agreement.
9.6. Severability. If any term of this Agreement is found to be void or invalid, such
invalidity will not affect the remaining terms of this Agreement, which will continue in full
force and effect.
9.7. Consent or Approval. In any case, where the approval or consent of the City or
ECIA is required or requested under this Agreement, such party shall not unreasonably
delay or otherwise withhold its approval or consent.
9.8. Notices. All notices and correspondence related to this Agreement shall be sent
to the following:
ECIA (point of contact): Chandra Ravada
East Central Intergovernmental Association
7600 Commerce Park, Dubuque, Iowa 52002
City of Dubuque (point of contact): Bob Schisel
City of Dubuque City Hall
50 W. 13th Street, Dubuque, Iowa 52001
9.9. Indemnification. Each Party, as the "Indemnifying Party," shall indemnify, defend
and hold harmless the other Party and its affiliates, officers, directors, employees, agents,
successors and permitted assigns (each, an "Indemnified Party") from and against any
and all losses, damages, liabilities, judgments, settlements, interest, awards, penalties,
fines, costs or expenses of whatever kind, including reasonable attorneys' fees (each a
"Loss"), incurred by the Indemnified Party in connection with any claim, action, cause of
action, demand, lawsuit, arbitration, proceeding or litigation, of any nature (each an
"Action") by a third party (other than an affiliate of an Indemnified Party) caused by the
Indemnifying Party's performance of its obligations under this Agreement, unless such
Loss arises from the Indemnified Party's own negligence or intentional act or omission.
The Indemnified Party shall promptly notify the Indemnifying Party of any such claim and
reasonably cooperate with the Indemnifying Party in defense of such claims at the
Indemnifying Party's expense.
9.10. Counterparts. This Agreement may be executed in counterparts, each of which is
deemed an original, but all of which together are deemed to be one and the same
agreement. A signed copy of this Agreement delivered by E-mail or other comparable
means of electronic transmission is deemed to have the same legal effect as delivery of
an original signed copy of this Agreement.
ATTACHMENT A
SCOPE OF SERVICES
• The City of Dubuque will provide most of the data associated with the interface
through their ATMS.
• Host any needed local servers and support the setup of systems and
communications through the network.
• Provide input on what data to provide and help define how each piece of
transportation data should be defined and shared to allow for the most
appropriate distribution and display for motorists to help optimize traffic flow in
the Metro area.
• Provide input on the final design and review of the prototype and input planning
for a potential phase 2 full deployment.
• Participate in weekly or biweekly update meetings.
Hourly Rate
• Asst. City Engineer — Direct =$ 57.66, Indirect= $76.00
• Civil Eng II -Traffic — Direct = $51.84, Indirect= $69.00
• Traffic Engineer — Direct = $44.08, Indirect= $59.00
• Traffic Engineer — Direct = $37.58, Indirect = $50.00