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Dubuque Soil and Water Conservation District_Catfish Creek WatershedMasterpiece on the Mississippi Dubuque bierd All-America City 1 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Contract with Dubuque Soil & Water Conservation District for Catfish Creek Watershed Management Authority DATE: May 3, 2012 Planning Services Manager Laura Carstens is requesting City Council approval of a contract with the Dubuque Soil & Water Conservation District for the creation of the Catfish Creek Watershed Management Authority. The contract amount of $6,000 will be paid entirely with grant funds. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager C--> SUBJECT: Contract with Dubuque SWCD for Catfish Creek WMA DATE: May 1, 2012 Dubuque Safi All- AmedcaCity 2007 Introduction This memo transmits a contract with the Dubuque Soil & Water Conservation District (SWCD) for the Catfish Creek Watershed Management Authority (CCWMA) for City Council review and approval. A resolution is attached. Discussion The City of Dubuque has a $24,500 grant to create a 28E agreement and establish a board of directors for the CCWMA to reduce future flood risks and improve water quality in the watershed. This process is to being done in consultation with and facilitated by Eric Schmechel, Urban Conservationist with the SWCD. The SWCD helps guide the soil and water conservation programs in Dubuque County. The City of Dubuque has a 28E agreement with the SWCD for stormwater management and water quality improvement in the city. The SWCD has similar 28E agreements with Dubuque County and the City of Asbury, and is working with the City of Peosta. The City would like to contract with the SWCD as a sole provider for creation of the CCWMA and to handle outreach with Dubuque County and the Cities of Asbury, Centralia, and Peosta. The SWCD is uniquely qualified to perform the specialized work the City needs to have done for the project. The contract amount of $6,000 will be paid entirely with grant funds. Recommendation I recommend that the City Council approve the enclosed resolution and authorization for the Mayor to sign the contract with the Dubuque SWCD for creation of the CCWMA. Attachments cc: CCWMA Committee F: \USERS \LCARSTEN\WP \Watershed Committee WMA \Staff Memo Dub SWCD Contract CCWMA.doc 1 Prepared by: Barry Lindahl, City Attorney Address: Suite 330, 300 Main St. Telephone: 583 -4113 Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St Telephone: 589 -4121 RESOLUTION NO.102 -12 APPROVING A CONTRACT FOR WATERSHED PLANNING BETWEEN THE CITY OF DUBUQUE, IOWA AND THE DUBUQUE SOIL AND WATER CONSERVATION DISTRICT WHEREAS, the City of Dubuque is party to the Agreement creating the Dubuque Soil and Water Conservation District (the District); and WHEREAS, City wishes to engage the District to provide certain technical and professional watershed planning services on the terms and condition set forth in the attached Agreement; and WHEREAS, the District has the authority to perform services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Agreement attached hereto is hereby approved. Section 2. The Mayor is authorized and directed to execute the Agreement on behalf of the City of Dubuque PASSED, APPROVED, AND ADOPTED this 7th day of May, 2012. Roy D ol, Mayor ATTEST: F: \USERS \LCARSTEN \WP \Watershed Committee WMA\Resolution ApprovingWatershed Management Agreement 050112bal_1.doc AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE DUBUQUE SOIL AND WATER CONSERVATION DISTRICT This Agreement, dated for reference purposes the day of , 2012, is made and entered into by and between the City of Dubuque, Iowa (City) and the Dubuque Soil and Water Conservation District (District). SECTION 1. SCOPE OF SERVICES. District shall provide and perform the necessary services required to carry out Watershed Management Authority 2010 Iowa Economic Development Authority Community Development Block Grant #08- DRIFWP- 203 as follows (the Scope of Services): 1) Consultation and facilitation services to the City of Dubuque to create a 28E agreement and establish a board of directors for the Catfish Creek Watershed Management Authority (CCWMA); and 2) Outreach with Dubuque County and the Cities of Asbury, Centralia, and Peosta for creation of the CCWMA 28E agreement and its board of directors. SECTION 2. TIME OF PERFORMANCE. The services of District shall commence on the date of State of Iowa grant approval, and shall be completed upon receipt of a final Certificate of Completion from the State of Iowa. SECTION 3. METHOD OF PAYMENT. Payment shall be due upon receipt of a monthly bill for services and reimbursement from City. The payment shall be based on the actual costs incurred by the District in conducting the planning process, including labor and overhead, all according to OMB Circular A122. Total payment shall not exceed $6,000. SECTION 4. PERSONNEL. District represents that it has, or will acquire, all personnel necessary to perform the Scope of Services. SECTION 5. PROPERTY. District shall be free to acquire or use existing property, real or personal, as it deems necessary in the performance of the Scope of Services. SECTION 6. ACCESS TO RECORDS. 6.1. At any time during normal business hours and as frequently as is deemed necessary, City and District shall make available to the Iowa Economic Development Authority, the State Auditor, the General Accounting Office, and the Department of Housing and Urban Development,• for their examination, all of their records pertaining to all matters covered by this Agreement and permit those agencies to audit, examine, make excerpts or transcripts from such records, contracts, invoices, payrolls, personnel records, conditions of employment, and all other matters covered by this Agreement. 050412ba1 6.2. City and District shall maintain all required records for five years after complete grant closeout and all other pending matters are closed. SECTION 7. CIVIL RIGHTS PROVISIONS. 7.1. Discrimination in Employment. District shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, sex, national origin, age, or disability. Such action shall include but may not be limited to the following: employment, upgrading, demotion or transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including an apprenticeship. District agrees to post notices setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees. 7.2. Civil Rights Compliance in Employment. District shall comply with all relevant provisions of the Iowa Civil Rights Act of 1965 (Iowa Executive Orders 15 and 34), Federal Executive Order 11246, as amended by Federal Executive Order 11375, Title VII of the U.S. Civil Rights Act of 1964, as amended, the Equal Pay Act of 1963, Section 504 of the Vocational Rehabilitation Act of 1973 (29 U.S.C. 794; the Age Discrimination Act of 1975 as amended (U.S.C. 6101 et seq.); the Vietnam Veterans Readjustment Act of 1974; the Americans with Act, as applicable (P.L. 101 -336, 42 U.S.C. 12101 - 12213); and related Civil Rights and Equal Opportunity statutes; and regulations which implement these laws. District will furnish all information and reports requested by the State of Iowa or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State of Iowa to investigate compliance with these rules and regulations. 7.3 Program Nondiscrimination. District shall conform with requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200d et.seq.), HUD regulations issued pursuant thereto contained in 24 CFR Part 1, and Section 109 of Title 1 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309). No person in the United States shall on the ground of race, color, physical or mental disabilities, national origin, religion or religious activities, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through this Agreement. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. 7.4 Fair Housing. District (if applicable) shall comply with Title VIII of the Civil Rights Act of 1968 (4f2 U.S.C. 3601 et. seq.), generally known as the Fair Housing Act, and with HUD regulations found at 24 CFR Part 107, issued in compliance with Federal Executive Order 11063, as amended by Federal Executive Order 12259. 7.5 District shall comply with provisions for training, employment, and contracting in 2 accordance with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u). 7.6 Noncompliance with the Civil Rights Laws. In the event of District's noncompliance with the nondiscrimination clauses of this Agreement or with any of the aforesaid rules, regulations, or requests, this Agreement may be cancelled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action, imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1964, as amended, Chapter 216, Code of Iowa, 2005 as heretofore and hereafter amended, or otherwise provided by law. SECTION 8. TERMINATION BY CITY. 8.1 City may, by thirty (30) days written notice to District, terminate this Agreement, either for City's convenience or because of the failure of District to fulfill its obligations under the Agreement. Upon receipt of such notice, District shall: (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to City all data, drawings, specifications, as may have been accumulated by District in performing this Agreement, whether completed or in process. 8.2 Notwithstanding the above, District shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by District. City may withhold any and all payments to District for the purpose of setoff until such time as the exact amount of damages due City is determined. 8.3 If the termination is for convenience of City, District shall be entitled to compensation determined in accordance with Section 3 of this Agreement. SECTION 9. TERMINATION BY DISTRICT. District may terminate this Agreement by thirty (30) days written notice to City for City's failure to comply with the laws, rules, or regulations of the U.S. Department of Housing and Urban Development in carrying out the Community Development Block Grant Program. The notice shall stipulate the laws, rules, or regulations that have been violated, and date District advised City of said violation. SECTION 10. GOVERNMENT -WIDE RESTRICTION ON LOBBYING. 10.1. Certification Regarding Government -wide Restriction On Lobbying. City certifies, to the best of its knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid by or on behalf of City, to any person for influencing or attempting to influence an officer of employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal 3 contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, City shall complete and submit Standard Form LLL- "Disclosure Form to report Federal Lobbying" in accordance with its instruction. 3) City shall require that the language of this certification. be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SECTION 11. POLITICAL ACTIVITY. No portion of program funds shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. Neither the program nor the funds provided therefore, nor the personnel employed in the administration of this Agreement or its funding agreements, shall be in any way or to any extent, engaged in the conduct of political activities in contravention of The Hatch Act (5 U.S.C. 15). SECTION 12. OTHER REQUIREMENTS. In connection with the carrying out of this agreement, District agrees to comply with any and all rules and regulations of the Iowa Department of Economic Development and the Department of Housing and Urban Development concerning third party contracts. CITY OF DUBUQUE, IOWA DUBUQUE SOIL AND WATER CONSERVATION DISTRICT By: Chairperson or Executive Director Attest: Attest: