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Certified Local Government (CLG) Grant Agreement - Eagle Point Park Copyright 2014 City of Dubuque Consent Items # 5. ITEM TITLE: Certified Local Government (CLG) Grant Agreement - Eagle Point Park SUMMARY: City Manager recommending approval of the CLG Grant Agreement with the State Historic Preservation Office, in order to prepare a nomination to the National Register of Historic Places and to conduct a Phase 1 Archeological Survey for Eagle Point Park. RESOLUTION Authorizing a CLG Grant-In-Aid-Agreement with the State Historical Society of Iowa to prepare an Intensive Survey and Evaluation and National Register Of Historic Places Nomination for Eagle Point Park. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ CLG Grant Agreement-Eagle Point Park-MVM Memo City Manager Memo ❑ Staff memo Staff Memo ❑ NRHP proposal Supporting Documentation ❑ University of Iowa letter Supporting Documentation ❑ CLG Agreement Supporting Documentation ❑ Resolution Resolutions THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: CLG Grant Agreement - Intensive Survey and Evaluation and National Register of Historic Places Nomination for Eagle Point Park DATE: January 12, 2015 Planning Services Manager Laura Carstens is recommending City Council approve the resolution authorizing the Mayor to sign, on behalf of the City, the CLG grant agreement with the State Historic Preservation Office, in order to prepare a nomination to the National Register of Historic Places and to conduct a Phase 1 Archeological Survey for Eagle Point Park. The estimated budget for a Phase 1 Archeological Survey for Eagle Point Park is $25,000 based on the enclosed FY2015 estimate provided by the Office of the State Archeologist. The CLG grant agreement awards the City $15,000 towards this expense. Leisure Services Manager Marie Ware has identified a $10,000 cash match from savings in two projects at Eagle Point Park. Budget Director Jennifer Larson has confirmed that these Leisure Services funds are available. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Laura Carstens, Planning Services Manager THE CITY OF r T Dubuque V U ; fteicaci; Masterpiece on the Mississippi I(I(® 2007•2012•2013 MEMORANDUM TO: Michael C. Van Milligen, City Manager �^ FROM: Laura Carstens, Planning Services Manager W v SUBJECT: CLG Grant Agreement— Intensive Survey and Evaluation and National Register of Historic Places Nomination for Eagle Point Park DATE: January 9, 2015 INTRODUCTION This memo transmits for City Council review and approval, the $15,000 Certified Local Government (CLG) grant-in-aid agreement with the State Historical Society of Iowa to conduct an Intensive Survey and Evaluation and prepare a National Register of Historic Places (NRHP) Nomination for Eagle Point Park. Resolution 266-14 authorizing the application was approved by the City Council on September 2, 2014. The CLG Program is a local, state, and federal partnership that promotes historic preservation at the grassroots level and provides grants for historic, architectural, and archeological surveys, evaluations, and planning. Background Eagle Point Park is 164 acres that overlook the Mississippi River and Lock and Dam #11, providing a spectacular tri-state view. In 1908, 100 acres were deed to the City to create the park on Shiras Avenue. Streetcar traffic began to serve the park in 1912. Additional land, buildings, and features were added overtime. The park took on a new look in the 1930s when the City received a $200,000 Works Progress Administration (WPA) grant and hired landscape architect Alfred Caldwell as Park Superintendent. Caldwell's exceptional use of native construction materials, craftsmanship and unique designs in the prairie style buildings and gardens make Eagle Point Park one of the most outstanding parks in the Midwest. In 1973, the National Park Service determined that Eagle Point Park was eligible for the NRHP based on its significant architecture and gardens. In addition, Eagle Point Park has the potential to yield prehistoric and historic archeological resources that may make if eligible for the NRHP. A large Native CLG Grant Agreement for Eagle Point Park American burial mound group was documented in the late 19th Century in the park, but its condition and location are unknown. The National Register is the official list of the country's cultural resources worthy of preservation. It is part of a national program to coordinate and support public and private effort to identify, evaluate, and protect our historic and archeological resources. Listing in the NRNP, however, does not interfere with a property owner's right to alter, manage or dispose of property. Local design or demolition review by the City's Historic Preservation Commission is not triggered by NRHP listing. Listing in the NRHP helps assist in preserving historic properties through: • Recognition that a property is significant to the U.S., the State or the community. • Consideration in the planning for Federal or federally assisted projects. • Eligibility for Federal tax benefits. • Consideration in the decision to issue a surface coal mining permit. • Qualification for Federal funds for historic preservation, when available. Section 106 of the National Historic Preservation Act of 1966 requires that Federal agencies allow the Advisory Council on Historic Preservation an opportunity to comment on all projects affecting historic properties either listed in or determined eligible for listing in the NRHP. The Section 106 process is triggered by Federal funds, license, permit, or action. Discussion With its determination of eligibility, Eagle Point Park is subject to the Section 106 process, but the park does not enjoy the benefits that come from listing in the NRHP. Planning Services staff believe the local, state, and national significance of Eagle Point Park's buildings and cultural landscape make it eligible for listing on the NRHP. A member of the Historic Preservation Commission, Dr. Julie Schlarman has offered to list Eagle Point Park on the NRHP as an in-kind donation of professional services valued at $12,000. The City Council accepted this generous in-kind donation on September 2, 2014 as part of the local match for the CLG grant. Listing of Eagle Point Park in the NRHP will provide the City with access to funding available only to National Register properties. The nomination will also give the Leisure Services Department additional information about the history of the park's architecture and gardens that can direct planning for their maintenance and upkeep. In October 2013, the City hired the Office of the State Archeologist (OSA) to conduct a Phase 1A Archeological Survey of the park through written records and LiDAR imagery mapping, a remote sensing technology for depicting burial mounds. The OSA report determined the need for a Phase 1 Archeological Survey to locate any potential prehistoric or historic cultural resources in the park landscape. 2 CLG Grant Agreement for Eagle Point Park The Leisure Services Department also needs to know the location and extent of any remnant burial mounds when planning park improvements and introducing sustainable best practices for managing storm water, soil erosion, and invasive species. The Phase 1 Archeological Survey will provide valuable guidance for planning these efforts. Budget Impact The estimated budget for a Phase 1 Archeological Survey for Eagle Point Park is $25,000 based on the enclosed FY2015 estimate provided by the Office of the State Archeologist. The CLG grant agreement awards the City $15,000 towards this expense. Leisure Services Manager Marie Ware has identified a $10,000 cash match from savings in two projects at Eagle Point Park. Budget Director Jennifer Larson has confirmed that these Leisure Services funds are available. Eagle Point Park projects GIP Accounts' Savings BridgeNeranda/Indian Room exterior painting 102 2189 73210 $9,902 i Bridge Support 350 2376 73210 $98 Requested Action Planning Services Staff recommends that the City Council approve the resolution authorizing the Mayor to sign, on behalf of the City, the enclosed CLG grant agreement with the State Historic Preservation Office, in order to prepare a nomination to the National Register of Historic Places and to conduct a Phase 1 Archeological Survey for Eagle Point Park. Thank you. Enclosures cc Jennifer Larson, Budget Director Marie Ware, Leisure Services Manager F:\USERS\Djohnson\HPCW14 CLG GranU014 Application Drag i 3 Prepared by: LauraCarstens,CityPlanner Address: CityHa11,50W.13thSt Telephone: 589-4210 Return to: KevinFirnstahl,CityClerk Address: CityHa11,50W.13thSt Telephone: 589-4121 RESOLUTION NO. 11-15 AUTHORIZING A CLG GRANT -IN -AID -AGREEMENT WITH THE STATE HISTORICAL SOCIETY OF IOWA TO PREPARE AN INTENSIVE SURVEY AND EVALUATION AND NATIONAL REGISTER OF HISTORIC PLACES NOMINATION FOR EAGLE POINT PARK. Whereas, the State Historical Society of Iowa has determined historic/architectural surveys and evaluations are eligible for Certified Local Government (CLG) funds; and Whereas, the City of Dubuque is a CLG in good standing and has approved a program to encourage the nomination of landmarks, landmark sites and historic districts to the National Register of Historic Places. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is authorized to sign and submit the Grant -In -Aid - Agreement to the State Historical Society of Iowa for CLG Funds to prepare an Intensive Survey and Evaluation and National Register of Historic Places Nomination. Section 2. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed budget. Passed, approved and adopted this 20th day of January, 2015. Karla A. Braig, Mayor(ro Tern Attest: Kevin/S. Firnstahl,`City erk ISR JULIE SCHLARNIAN HISTORIAN,AUTHOR AND PRESERVATIONIST 1331 JACKSON STREET, DUBUQUE, IA 52001 563.845.1168 jjschlarman@gmail.com Proposal to List Eagle Point Park on the National Register of Historic Places In the Spring of 2013,I volunteered my services and expertise as a member of Dubuque's Historic Preservation Commission to write the nomination for Eagle Point Park. I intend to donate these services and this document may be used as a manner of acquiring match-up funds for volunteered work. In May 20141 retired from teaching which will allow me to pursue this project and hopefully others in historic preservation. Project Schedule [approximate dates] May 2013 Field work and archival work began. October 2014 Meet in person with SHPO and State Office of Archaeology Archival work at Iowa State University Archival work at the University of Illinois February 2015 Submit Survey and Evaluation of Site as per the request of the SHPO for feedback April 2015 Revision of the Survey and Evaluation as a National Register nomination Submission of the National Register Nomination to SHPO Consideration of the nomination at City of Dubuque's HPC meeting May 2015 Consideration of the nomination at City of Dubuque's City Council Meeting June 2015 Consideration of the nomination by SNRC August 2015 Revisions of nomination as per the request of SNRC and submission of complete nomination to SHPO to send to the National Trust Project Budget Travel [two trips,housing and per diem] $1500 Research time $7500 Document writing and revision $2500 Photographic materials $800 Local meetings and field work $700 Total value of DONATED time and materials $12,000 L OFFICE OF THE THE STATE ARCHAEOLOGIST UNIVERSITY 700 ClintonoShoothaota Building ]gig COg Iowa 52 Building 2,12 OF IOWA Igwn0ltgrawa x319 319484-0724 Bax d wa.odu 766 Jshn uI..akud,..a etlu www.utowa.etlul-osa Dave Johnson,Assistant Planner City of Dubuque 50 West 13th Sheet Dubuque, Iowa 52001 dJohnson@cityoldubuque.org 25 August 2014 Re:FY15PO31 Dubuque Eagle Point Phase I mound survey(previously FY14P084) Dear Mr.Johnson: As requested,here is the Office of the State Archaeologist's proposal for a full archaeological evaluation of Eagle Point Park. As you know,there is a large mound group,the Eagle Point Group, 13DB 1,recorded in the park,but its condition and the exact locations of individual mounds are not known.Recent research identified portions of the park with the highest potential for mound remnants,and also revealed that there is an early historic component in the park as well(Whittaker 2013). The next two recommended stages in evaluation are,first,to determine if there are mound remnants left in the park,and second, conduct a Phase I survey to determine the extents and significance of the prehistoric and early historic sites. Because these are separate activities, two separate cost proposals are included. Although the City of Dubuque is understandably most interested in the mounds and potential for intact human burial deposits, it would be cost advantageous to include a complete Phase I survey of the park as well, depending on your long-term plans.Archaeological Phase I survey is required if federal funding is used in a project,or if a federal permit is required. The Mound Remnant Survey includes three activities. 1. Evaluation of the Richard Herrmann archaeological collections from 13DB1, currently owned by the Dubuque County Historical Society and stored at the Ham House and the National Mississippi River Museum and Aquarium in Dubuque. This will include going through all boxes and storage areas that could contain Herrmann collections, identifying artifacts that could relate to 13DB1, and making an inventory of these artifacts. Hopefully,this collection will allow us to understand the age of the site occupations. It is estimated that it will take two days to analyze the collections,and two days for write-up. 2. Ground-penetrating radar(GPR)survey of Areas A(ca. 40-x-60 in),B (ca. 50-x-60 m),E and F (ca. 80-x-30 in)identified in the Phase IA survey as having the highest potential for intact mound remnants(Whittaker 2013).These areas will be surveyed at 50-cm interval transects by a 400 MHz antenna,and all data collected will be analyzed by RADAN. It is estimated that this will take three field days for two people, and five days to analyze and write up the data. 3. Soil coring of any anomalies found during GPR survey that may correspond to archaeological features,and additional coring of the site area as a whole. Soils will be probed with a 3/4 inch Oakfield core and all soils described. It is estimated that this will take five field days for one person with five days of write-up. The Phase I Archaeological Survey will include auger or shovel testing the bluff top at 10-15 in intervals, and other ridges in the park at 15-m intervals, avoiding any sensitive areas identified by the GPR and soil coring. The goal of Phase I survey is to create an inventory of all cultural properties within the area of concern,both previously documented and undocumented, and to provide recommendations regarding the potential eligibility of cultural properties for listing on the National Register of Historic Places. All soils will be screened through 1/4 inch mesh, and all soils described. Approximately 120 shallow auger tests or shovel tests will be required; it is estimated it will take two teelmicians three days plus an additional three days to write up. The final product of this survey will be a report in the OSA Research Report series. This report will detail the review of archaeological information, and, if possible, create a map of the locations of mound remnants and other archaeological site locations. If the City choses to perform the Phase I archaeological survey, in the future the report may be suitable for partial fulfillment of any future Section 106 archaeological survey requirements depending on proposed project impacts. The proposed archaeological work will meet Association of Iowa Archaeologists requirements for a Phase I archaeological investigation. The final report will include reconunendations as to whether further archaeological work is needed, and, if so, describe this suggested work. This report will be completed within 90 days after the contract is approved,weather permitting. OSA will not proceed with work beyond the present scope without authorization fiom the City of Dubuque. The cost estimate for the Mound Remnant Survey is$18,484.00. If the Phase I archaeological survey is also desired,the additional cost is $5,995.00.These rates are valid through the end of Fiscal Year 2015,which ends June 30, 2015. These fixed price,not-to-exceed costs include all labor,fringe, overhead,travel,and reporting costs associated with completing the necessary fieldwork and report;any artifact curation costs will be billed later, if a collection is made. If the above scope fits your needs, please contact me at 319-384-0726 or via e-mail at melodv- po e a uiowa.edu,and we can set up a contract for services. I Sincerely, Melody Pope, Ph.D., William E. Whittaker,Ph.D. Office of the State Archaeologist University of Iowa 700 CLSB Iowa City, IA 52242 319-384-0726 melody_po e c uiowa.edu Report Cited: Whittaker, William E. 2013 Archival and Archaeological Investigation ofEagle Point Park, Including Sites 13DBI and 13DB363, City of Dubuque, Dubuque Counq; Iowa. Contract Completion Report 2054. Office of the State Archaeologist, University of Iowa, Iowa City. L OFFICE OF THE THE STATE ARCHAEOLOGIST � yNIVERS11Y O0Clin ConUags Progrem U Iowa Clinton Street Building OF IOWA Iowa CgglnwFax5224219 319�3BQA]Yd Fax gll1486-0]88 Johntloetahuk@ulowa.edu www.ulowa.etlul-osa Dave Johnson,Assistant Planner City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 djohnsoii@cityofdubuque.org 25 August 2014 Re: FYI SP031 Dubuque Eagle Point Phase I mound survey(previously FY14P084) Dear Mr.Johnson: As requested, here is the Office of the State Archaeologist's proposal for a full archaeological evaluation of Eagle Point Park. As you know,there is a large mound group, the Eagle Point Group, 13DB 1,recorded in the park,but its condition and the exact locations of individual mounds are not known.Recent research identified portions of the park with the highest potential for mound remnants, and also revealed that there is an early historic component in the park as well(Whittaker 2013). i The next two recommended stages in evaluation are,first,to determine if there are mound remnants left in the park, and second,conduct a Phase I survey to determine the extents and significance of the prehistoric and early historic sites. Because these are separate activities,two separate cost proposals are included. Although the City of Dubuque is understandably most interested in the mounds and potential for intact human burial deposits, it would be cost advantageous to include a complete Phase I survey of the park as well, depending on your long-term plans.Archaeological Phase I survey is required if federal funding is used in a project, or if a federal permit is required. The Mound Remnant Survey includes three activities. I. Evaluation of the Richard Herrmann archaeological collections from 13DB 1, currently owned by the Dubuque County Historical Society and stored at the Ham House and the National Mississippi River Museum and Aquarium in Dubuque.This will include going through all boxes and storage areas that could contain Herrmann collections, identifying artifacts that could relate to 13DBI, and making an inventory of these artifacts. Hopefully,this collection will allow us to understand the age of the site occupations.It is estimated that it will take two days to analyze the collections, and two days for write-up. 2. Ground-penetrating radar(GPR)survey of Areas A(ca. 40-x-60 in),B(ca. 50-x-60 m),E and F (ca. 80-x-30 in)identified in the Phase IA survey as having the highest potential for intact mound remnants(Whittaker 2013).These areas will be surveyed at 50-cm interval transects by a 400 MHz antenna,and all data collected will be analyzed by RADAN. It is estimated that this will take three field days for two people, and five days to analyze and write up the data. 3. Soil coring of any anomalies found during GPR survey that may correspond to archaeological features, and additional coring of the site area as a whole. Soils will be probed with a 3/4 inch Oakfield core and all soils described. It is estimated that this will take five field days for one person with five days of write-up. The Phase I Archaeological Survey will include auger or shovel testing the bluff top at 10-15 in intervals, and other ridges in the park at 15-m intervals, avoiding any sensitive areas identified by the GPR and soil coring. The goal of Phase I survey is to create an inventory of all cultural properties within the area of concern,both previously documented and undocumented, and to provide recommendations regarding the potential eligibility of cultural properties for listing on the National Register of Historic Places. All soils will be screened through 1/4 inch mesh, and all soils described. Approximately 120 shallow auger tests or shovel tests will be required; it is estimated it will take two technicians three days plus an additional three days to write up. The final product of this survey will be a report in the OSA Research Report series. This report will detail the review of archaeological information,and, if possible, create a map of the locations of mound remnants and other archaeological site locations. If the City choses to perform the Phase I archaeological survey, in the future the report may be suitable for partial fulfillment of any future Section 106 archaeological survey requirements depending on proposed project impacts. The proposed archaeological work will meet Association of Iowa Archaeologists requirements for a Phase I archaeological investigation. The final report will include recommendations as to whether further archaeological work is needed, and,if so, describe this suggested work. This report will be completed within 90 days after the contract is approved, weather permitting. OSA will not proceed with work beyond the present scope without authorization from the City of Dubuque. The cost estimate for the Mound Remnant Survey is$18,484.00. If the Phase I archaeological survey is also desired,the additional cost is $5,995.00.These rates are valid through the end of Fiscal Year 2015, which ends June 30, 2015. These fixed price,not-to-exceed costs include all labor,fringe, overhead,travel, and reporting costs associated with completing the necessary fieldwork and report;any artifact curation costs will be billed later, if a collection is made. If the above scope fits your needs, please contact me at 319-384-0726 or via e-mail at melody_ poope@uiowa.edu,and we can set up a contract for services. Sincerely, ���— ✓V l.N 1Ah��'V M1 Melody Pope, Ph.D.,William E. Whittaker,Ph.D. Office of the State Archaeologist University of Iowa 700 CLSB Iowa City, IA 52242 319-384-0726 melody_ponena uiowa.edu Report Cited: Whittaker, William E. 2013 Archival and Archaeological Investigation of Eagle Point Park, Including Sites 13DB1 and 13DB363, City ofDubuque, Dubuque County,Zama. Contract Completion Report 2054. Office of the State Archaeologist, University of Iowa, Iowa City. IOWA DEPARTMENT OF TE;,MY E NO L•DS,LT.GOVERNOR xiat Revr�DLcs,I.T.rovLR�;n= CULTURAL AFFAIRS MARY cOYME,DIRECTOR t;i IPIS rRANI R,DEPUTY DIKCMD December 11,2014 10 A '.. Mayor Roy D. Buol ff::b3 City of Dubuque '.. City Hall --- - -- 50 West 13`h Street Dubuque, Iowa 52001 Mu Dear Mayor Buol, I am very pleased to write that the State Historic Preservation Office, Department of Cultural Affairs will be funding Dubuque's Certified Local Government(CLG)grant application for Eagle � '�r3 a € �-=��t ' Point Park. Congratulations) At your earliest convenience,please review the contract and sign two(2)copies of the contract 5 €E (; t 'P '.. and return two copies to me for signature by the Deputy State Historic Preservation Officer. '.'A Upon receipt of the fully signed contract and a notice-to-proceed Council Bluffs may begin to work on its historic preservation project. Once the contract is signed,the first step will be to develop a Request for Proposal to send to three qualified consultants. jI IVZ. For this project,we have obligated the amount of$15,000.00 in Historic Preservation Funds,as ',. authorized by the National Historic Preservation Act and subsequent amendments. The minimum non-federal matching share required will be 40%of the total project cost. The project must be administered in accordance with all applicable regulations and procedures governing i€!=,-_;��-_ • Historic Preservation Fund grants. We look forward to working with the Dubuque Historic Preservation Commission on this project. Meanwhile,if you have questions, please do not hesitate to contact me at(515)281-6826 or by e-mail at paula.mohr@iowa.gov. � t t Sincerely, IC 'y s- -( -j Paula A. Mohr Certified Local Governments Coordinator Cc: Dave Johnson SaATfi r{ISTGRkCAt 8UP-DING 1 809 £. Loclisr 5 . ..:5 ?Gt, h$, IP 5��1�3 P i.5.2f3 L5711 i:ULTUC ALAFF.i!RS,O R�� 1 IOWA DEPARTMENT OF CULTURAL AFFAIRS QIREQTOR vpuTY ENRECTOR ATE HtsT0't1 CA L BiULaiN January 30, 2015 Mayor Roy D. Buol City of Dubuque City Hall 50 West 13th Street Dubuque, Iowa 52001 Dear Mayor Buol, Please find enclosed a fully executed Grant -In -Aid Agreement for your Certified Local Government (CLG) project. The purpose of this letter is to provide an official notice -to -proceed for this project. We look forward to working with the Dubuque Historic Preservation Commission on this project. Sincerely, Paula A. Mohr Certified Local Governments Coordinator Cc: David Johnson IA 50319 535,281,5111 CULTURAL F ,, S..)RG 1 Contract No. 2015-03 STATE HISTORICAL SOCIETY -OF IOWA GRANT-IN-AID AGREEMENT FOR: CLG Dubuque, Iowa Certified Local Government Grant Project This agreement is made and entered into by and between Dubuque, hereinafter referred to as fhe RECIPIENT, and the STATE HISTORICAL SOCI F'TY OF IOWA, hereinafter referred to as the STATE; WITNESSETH THAT: WHEREAS, the STATE, is interested in broadening the role of local governments in historic preservation through the Certified Local Government program; and WHEREAS, the STATE, in accordance with the National Historic Preservation Amendments of 1980, is providing 10% of its annual federal Historic Preservation Fund appropriation to Certified Local Governments; and WHEREAS, the RECIPIENT has demonstrated its interest in historic preservation by becoming a Certified Local Government, and desires to complete an archaeological survey and nomination; NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the RECIPIENT is qualified to complete the attached Scope of Work (Exhibit C); 2. That the RECIP I I4NT will be responsible for overseeing all aspects of fiscal management; 3. That the RECIPIENT provide a permanent copy of financial records suitable for State and Federal audit as directed under the Single Audit Act of 1984, P.L. 98-502, if required; 4. That the STATE provide for only project costs eligible under provisions stipulated by the National Park Service, U.S. Department of the Interior for grants -in-aid. Project work which does not meet Secretary of the Interior's Standards will not be reimbursed for under this contract; 5. That the STATE monitor the project and provide input as called for in the attached Scope of Work (Exhibit C); 6. That the Recipient and the STATE mutually agree that if, during the duration of the contract, it is deemed necessary by either party to make alterations to or amendments to this Agreement, such changes shall be incorporated into this contract upon mutual agreement and shall be in effect as of the date of the amendment unless otherwise specified within the amendment; 7. That the STATE agrees to pay the project eligible costs under the terms of this Agreement; 8. That the RECIPIENT and the STATE mutually agree to abide by the general and specific conditions attached hereto as Exhibits A, B, C, and D; 9. That the RECIPIENT and the STATE mutually agree that all work performed under this contract will be completed by June 30, 2016; 10. That the RECIPIENT and the STATE mutually agree that the cost of this contract shall be CLG 2015-03 (Dubuque) 1 $15,000.00 (Exhibit D). All eligible costs necessary to carry out the project shall be initially advanced by the RECIPIENT and then the STATE shall reimburse the RECIPIENT for $15,000.00, upon receipt of all work products and as specified in the Scope of Work. The final bill must be submitted with the final report by July 31, 2016. The agreement will end on August 15, 2016. 11. Expenditures are to be according to the Budget, attached as Exhibit D. Adjustments between budget categories are permissible following written mutual consent between the RECIP I hNT and the STATE; 12. The RECIP I hNT will faithfully comply with all applicable Federal and State laws, regulations and guidelines, including the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation as published in the Federal Register on September 29, 1983; 13. The RECIP I ENT shall hold the STATE and federal government harmless from damages in any action arising from the performance of work described herein. IN WITNESS WHEREOF, the parties hereto have executed this contract on the day and year last specified below. RECIPIENT , Dubuque January 20, 2015 Karla A. Braig, Mayor Pro Tem Date STATE Steve King, AIA; Deputy State Historic Pre. e ation Officer, State of Iowa Date CLG 2015-03 (Dubuque) EXHIBIT A GENERAL CONDITIONS ARTICLE I - Amendment of Contract: The RECIPIENT or the STATE may, during the duration of the Contract, deem it necessary to make alterations to the provisions of this agreement. Any changes, which shall be mutually agreed upon by both parties, shall be incorporated into this Contract. The provisions of the amendment shall be in effect as of the date of the amendment unless otherwise specified within the amendment. A waiver of any conditions of this Contract must be in writing from a duly authorized official of the STATE. ARTICLE II - Patent and Copyright: a. No material or product in whole or in part under this Contract shall be subject to patent or copyright by either party in the United States or in any other country. b. The U.S. Department of the Interior and the State Historical Society of Iowa shall reserve a royalty -free, non-exclusive and irrevocable license to reproduce, publish (including in an electronic format), or otherwise use, and to authorize others to use, any materials produced in whole or in part under this Contract for government purposes. Any publication by the RECIP 1 F -NT must bear in an appropriate place an acknowledgment of grant support under the National Historic Preservation Act of 1966, as amended, from the U.S. Department of the Interior and the State Historical Society of Iowa. ARTICLE III - Accounts and Records: a. Accounts - the RECIPIENT shall maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues acquired under this Contract to the extent and in such detail as will properly reflect all costs, direct and indirect, of labor, materials, supplies, services, and other costs and expenses of whatever nature, for which payment is claimed under this Contract. b. Audit and Inspection - At all times during normal business hours and as frequently as is deemed necessary, the RECIPIENT shall make available to the STATE all of its records, pertaining to all matters covered by this Contract and shall peiinit the STATE to audit, examine and make excerpts from such records and all other matters covered by this Contract. c. Retention of Financial Records - All records in the possession of the RECIPIENT pertaining to this Contract shall be retained by the RECIPIENT for a period of three (3) years beginning with the date upon which final payment under this Contract is issued. All records shall be retained beyond the three (3) year period if audit findings have not been resolved within that period. d. The STATE shall reimburse the RECIPIENT for actual, necessary and eligible costs incurred by the RECIPIENT in the conduct of this project. All claims shall include copies of time CLG 2015-03 (Dubuque) 3 utilization sheets, records, documents and other evidence in support of all costs and expenses incurred for the performance of this Contract. ARTICLE IV - Termination of Contract a. Termination for Cause - The STATE or the RECIPIENT may terminate this Contract in whole or in part, at any time before the date of completion, whenever it is determined that the other party has failed to comply with the conditions of the Contract. The STATE or RECIPIENT shall promptly notify the other party in writing of the determination and the reasons for the termination, together with the effective date. The RECIPIENT shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The STATE shall allow full credit to the RECIPIENT for no -cancelable obligations up to the amount of, if said obligations are properly incurred by the RECIPIENT prior to termination. The STATE shall terminate the contract if it determines that the RECIPIENT is not following cost eligibility as outlined in the Secretary of the Interior Standards, 36 CFR; OMB Circular A-87; and OMB Circular A-102. b. Termination for Convenience - The STATE and the RECIP I ENT may terminate this Contract in whole or in part, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the future expenditure of funds. The two parties shall agree upon the termination conditions, including the effect date and, in the case of partial termination, the portion to be terminated. The RECIPIENT shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The STATE shall allow full credit to the RECIPIENT for non -cancelable obligations up to the amount of award, if said obligations are properly incurred by the RECIPIENT prior to termination. c. Termination due to Non -Appropriation - Notwithstanding any other provisions of this Contract, if funds anticipated for the continued fulfillment of the Contract are at any time not forthcoming or insufficient, either through the failure of the Federal Government or of the State of Iowa to appropriate funds or discontinuance or material alteration of the program under which funds were provided, then the STATE shall have the right to terminate this Contract without penalty by giving not less than thirty (30) days written notice documenting the lack of funding, discontinuance or program alteration. Unless otherwise agreed to by the parties, the Contract shall become null and void on the last day of the fiscal year for which appropriations were received, except that if an appropriation to cover the costs of this Contract becomes available within sixty (60) days subsequent to termination under this clause, the STATE agrees to re-enter a Contract with the terminated RECIPIENT under the same provisions, terms and conditions as the original award. In the event of termination of this Contract due to non -appropriation, the exclusive, sole and complete remedy of the RECIPTFNT shall be payment for service completed prior to termination. d. Right in Incomplete Products - In the event the Contract is terminated, all finished or unfinished portions of the work prepared by or for the RECIPIENT under this Contract shall, at the option of the STATE, become its property, and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project. CLG 2015-03 (Dubuque) ARTICLE V - Interest of Officials and Others: a. STATE - No officer, employee or advisor of the STATE including a member of the State Historical Society of Iowa Board of Trustees or the State Nominations Review Committee, shall participate in any decisions relating to this Contract which affect his personal interest or the interest of any corporation, partnership or association in which he is directly or indirectly interested or have any interest, direct or indirect, in this Contract or the proceeds thereof. A person has a conflict of interest with respect to a sub -grant, contract subcontract, or any agreement supported with state or federal assistance if the person or any of the following has a financial interest in that application: 1. The person, the person's spouse, minor child, or partner, or; 2. Any organization in which the person is serving as an officer, director, trustee, partner or employee or; 3. Any person or organization with whom the person is negotiating or has any arrangements concerning prospective employment; Benefit or remuneration other than a fee in accordance with applicable statewide procedures includes, without exception, royalty, commission, contingent fee, professional services contract, brokerage fee, or other payment accruing to the person or any member of his immediate family. b. RECIPIENT - The RECIPIENT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. ARTICLE VI - Assignment of Interest: Neither this Agreement or any interest therein, no claim hereunder, shall be assigned or transferred by the RECIPIENT to any other party or parties. ARTICLE VII - Subcontract: None of the work or services required under this Agreement shall be subcontracted by the RECIPIENT without prior written approval to subcontract by the STATE. ARTICLE VIII - Procurement of Professional Services and Equipment: The RECIPIENT shall procure professional services by competitive negotiation, or small purchase procedures. This requires solicitations from at least three sources to permit reasonable competition consistent with the nature and requirements or the procurement. "Cost -plus -a - percentage -of -cost" contracting is strictly forbidden. Rather, cost reimbursement or fixed price contracting is required. Project principal investigators must meet the minimum professional standards as outlined in the - Code of Federal Regulations, Volume 36 Part 61. CLG 2015-03 (Dubuque) 5 The purchase of any equipment under this agreement over $300 may not occur without prior written permission of the STATE. The STATE will not approve such purchases until the same are approved in writing by the National Park Service. CLG 2015-03 (Dubuque) 6 EXHIBIT B SPECIAL CONDITIONS ARTICLE I - Identification of Parties: This Contract is entered into by and between the State Historical Society of Iowa, hereinafter called the STATE, and Dubuque, hereinafter called the RECIPIENT. ARTICLE II - Designation of Officials: a. STATE - The Deputy State Historic Preservation Officer is the State Official authorized to execute any changes in the terms, conditions, or amounts specified in this Contract. She (he) may designate a member of her (his) staff to negotiate, on behalf of the State, any changes to the Contract. b. Mayor Roy D. Buol or the local Project Director (Exhibit C) is authorized to execute any changes in the terms, conditions, or amounts as specified in this contract. ARTICLE III - Additional Special Conditions: a. Audit Requirements - The RECIPIENT shall annually have performed, on a timely basis, independent financial and compliance audits of the historic preservation funds received from the STATE. All such audits shall be conducted in accordance with applicable auditing standards set forth in OMB Circular A-128, "Audits of State and Local Governments", pursuant to the Single Audit Act of 1984. Costs associated with such audits are the responsibility of the RECIPIENT. A copy of this audit must be submitted to the STATE. If the RECIPIENT is a non-profit organization, public college or university, audits shall be made in accordance with statutory requirements and the provision of Circular A-110 a copy of this audit must be submitted to the STATE. b. General Obligations - All work performed under this Contract shall be carried out in a lawful, proper and satisfactory manner in accordance with appropriate Federal, State and Local regulations, including OMB Circular A-102 and Historic Preservation Fund Grants Manual, October 1997; and any circular, policies, procedures and requirements as may from time to time be prescribed by the U.S. Department of the Interior. ARTICLE IV - Conditions of Payment: a. Maximum Payment - It is expressly understood and agreed to that the maximum amounts to be paid to the RECIPIENT by the STATE for any item of work or services shall be the amount specified herein. All payments for work and services under this Contract shall be on a cost incurred, non-profit basis. CLG 2015-03 (Dubuque) 7 b. Requisition for Payment - All payments to the RECIPIENT shall be subject to the receipt by the STATE of a Request for Reimbursement. This request shall be made according to the format specified by the STATE with reimbursement to the RECIPIENT occurring at intervals no more than sixty (60) days after approval of request. ARTICLE V - REQUIRED ACKNOWLEDGMENTS: Publication, films, exhibits, etc. developed as a part of this Contract shall acknowledge Federal aid by including the following statement as part of the Title or Acknowledgment Section with each item produced. "The activity that is the subject of a historic preservation summit has been financed in part with Federal funds from the National Park Service, U.S. Department of the Interior. However, the contents and opinions do not necessarily reflect the view or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior" ARTICLE VI - Equal Opportunity Acknowledgment: Publications, films, exhibits, etc. developed as a part of the Contract shall acknowledge equal opportunity and nondiscrimination practices by including the following statement as part of the Title or Acknowledgment Section with each item produced. "This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color national origin, disability or age in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above or if you desire further information, please write to: Office of Equal Opportunity National Park Service 1849 C Street, N.W. Washington, D.C. 20204" ARTICLE VII - Certification Regarding Lobbying: This certification is required by Section 1352, Title 31, U.S. Code. The sub -grantee certifies, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, any officer or employee of Congress, or an employee of a CLG 2015-03 (Dubuque) 8 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 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 of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form 1963 "Disclosure Form to Report Lobbying," in accordance with instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify accordingly. 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 civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE VIII - Equal Opportunity: Code of Fair Practices 1. The RECIPIENT will not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, age or physical or mental disability. The RECIPI I -NT will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, religion, national origin, sex, age or physical or mental disability except where it related to a bona fide occupational qualification. Such action shall include but be not limited to the following; employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The RECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth provisions of this nondiscrimination clause. 2. The RECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the RECIPIENT, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, national origin, sex, age or physical or mental disability except where it relates to a bona fide occupational qualification. 3. The RECIPIENT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of the RECIPIENT commitments under this nondiscrimination clause and shall post copies of the notice in a conspicuous place available to employees and applicants for employment. CLG 2015-03 (Dubuque) 9 4. The RECIPIENT will comply with all relevant provisions of the Iowa Civil Rights Act of 1965 as amended, Iowa Executive Order #15 of 1973, Federal Executive Order 11246 of 1965 as amended by Federal Executive Order 11275 of 1967, the Equal Employment Opportunity Act of 1972, and all provision relevant to fair employment of the rules and regulations of the STATE. The RECIPIENT will furnish all information and reports requested by the STATE or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the STATE for purposes of investigation to ascertain compliance with such rules, regulations or requests, or with this nondiscrimination clause. 5. In the event of the RECIP II -NTS noncompliance clauses of this contract or with any of the aforesaid rules, regulations or requests, this contract may be canceled, terminated, or suspended in whole or in part and the RECIPIENT may be declared ineligible for further contracts with the STATE. In addition, the STATE may take such further action, and such other sanctions may be imposed and remedies invoked, as provided by the Iowa Civil Rights Act of 1965 as amended, Chapter 601A, Code of Iowa 1973, as heretofore and hereinafter amended, or by the rules and regulations of the State or as otherwise provided by law. 6. ARTICLE IX - OMB Approval No. 0348-0040, Assurances -Non -Construction Programs NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. CLG 2015-03 (Dubuque) 10 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a,Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) The requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91- 646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C.§§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327,333), regarding labor standards for federally - assisted construction sub -agreements. CLG 2015-03 (Dubuque) 11 10 Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93,205). 12.. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Sub -grantees expending more than $300,000 in federal funds, will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. CLG 2015-03 (Dubuque) 12 SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL kayue,_ a 4„..y TYPED NAME AND TITLE Rey-D-ratter17-Mayor, Dubuque DATE January 20, 2015 Karla A. Brai, Mayor Pro Tem ARTICLE X - U.S. DEPARTMENT OF THE INTERIOR CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS, DRUG-FREE WORKPLACE REQUIREMENTS AND LOBBYING 1. Persons signing this form should refer to the regulations referenced below for complete instructions: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions -The prospective primary participant further agrees by submitting this proposal that it will include the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. See below for language to be used or use this form certification and sign. (See Appendix A of Subpart D of 43 CFR Part 12.) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions - (See Appendix B of Subpart D of 43 CFR Part 12.) Certification Regarding Drug -Free Workplace Requirements - Alternate I. (Grantees Other Than Individuals) and Alternate II. (Grantees Who are Individuals) - (See Appendix C of Subpart D of 43 CFR Part 12) Signature on this form provides for compliance with certification requirements under 43 CFR Parts 12 and 18. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of the Interior determines to award the covered transaction, grant, cooperative agreement or loan. PART A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions CHECK IF THIS CERTIFICATION IS FOR A PRIMARY COVERED TRANSACTION AND IS APPLICABLE. (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: CLG 2015-03 (Dubuque) 13 (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. PART B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions CHECK -I IF THIS CERTIFICATION IS FOR A LOWER TIER COVERED TRANSACTION AND IS APPLICABLE. (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. PART C: Certification Regarding Drug -Free Workplace Requirements CHECK Ai IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS NOT AN INDIVIDUAL. Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about -- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and CLG 2015-03 (Dubuque) 14 (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a) (b), (c), (d), (e) and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code): Check if there are workplaces on files that are not identified here. PART D: Certification Regarding Drug -Free Workplace Requirements CHECK IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS AN INDIVIDUAL. Alternate II. (Grantees Who Are Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; CLG 2015-03 (Dubuque) 15 (b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to the grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. PART E: Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements CHECK IF CERTIFICATION IS FOR THE AWARD OF ANY OF THE FOLLOWING AND THE AMOUNT EXCEEDS $100,000: A FEDERAL GRANT OR COOPERATIVE AGREEMENT; SUBCONTRACT, OR SUBGRANT UNDER THE GRANT OR COOPERATIVE AGREEMENT. CHECK IF CERTIFICATION FOR THE A WARD OFA FEDERAL LOAN EXCEEDING THE AMOUNT OF $150,000, OR A SUBGRANT OR SUBCONTRACT EXCEEDING $100,000, UNDER THE LOAN. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and 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 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 of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify accordingly. 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. As the authorized certifying official, I hereby certify that the above specified certifications are true. CLG 2015-03 (Dubuque) 16 SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL ei �. TYPED NAME AND TITLE Rey-DT44tteh-Meyef, Dubuque Karla A. Braig, Mayor Pro Tem DATE January 20, 2015 CLG 2015-03 (Dubuque) 17 EXHIBIT C SCOPE OF WORK A. WORK ELEMENTS The project is multifaceted including an Intensive Survey & Evaluation and NRHP Nomination of Eagle Point Park. The 164 acre park, opened in 1909, overlooks the Mississippi River and Lock and Dam #11. In the 1930s the City received a WPA grant to make park improvements and hired noted landscape architect Alfred Caldwell as Park Superintendent. Caldwell's use of native construction materials, craftsmanship and unique designs in the prairie style buildings and gardens make Eagle Point Park one of the most outstanding parks in the Midwest. Significance of historic resource: In 1973, the National Park Service determined that Eagle Point Park was eligible for the National Register. The park has multiple attributes that contribute to its significance. The idea for the park was conceived in 1907 when Charles M. Robinson, a noted eastern park specialist, visited Dubuque. After touring scenic locations in the city, Robinson made this comment to his hosts: "I have never seen a place where the Almighty has done more and mankind less, than Dubuque." In the 1930s, the City hired the gifted landscape architect Alfred Caldwell as Park Superintendent with a $200,000 Works Progress Administration grant. His love of Frank Lloyd Wright prairie architecture is very recognizable in the buildings and gardens. Caldwell's exceptional use of native construction materials, craftsmanship and unique designs make the park one of the most beautiful in the Midwest. A large Native American burial mound group was documented in the late 19th century in the park, but its condition and location are unknown. A 2013 Phase to archeological survey identified park areas with the highest potential for mound remnants, and revealed that there is an early historic component. The Office of State Archeologist prepared the Archival and Archaeological Investigation of Eagle Point Park, Including Sites 13DB1 and 13DB363, City of Dubuque, Dubuque County, Iowa in 2013. The Mound Remnant Survey and Phase I Archeological Investigation of the Eagle Point Group, 13DB1, is the result of recommendation set forth in the report. The project activities include an intensive survey and evaluation of the park's historic themes and contexts, historical and architectural significance of park buildings and structures, and significance of the park's landscape and cultural resources. The project includes a Remnant Mound Survey and a Phase 1 Archeological Survey to create an inventory of all cultural properties within the area of concern, both previously documented and undocumented, and to provide recommendations regarding the potential eligibility of cultural properties for listing in the National Register. These activities will inform a National Register nomination for Eagle Point Park. All project activities will adhere to the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation. COORDINATION: CLG 2015-03 (Dubuque) 18 The project will be managed by the City of Dubuque in cooperation with the State. The City of Dubuque will be represented by the Local Project Director, Laura Carstens, City Planner, The Local Project Director will maintain continuous coordination with the State's Project Managers during the course of the contract. This will consist of emailed monthly progress report due on the 15th of each month. These reports will keep the State abreast of contract progress and serve as a vehicle for assessing performance of the contract. Progress reports will be emailed to the State's Project Manager(s). The State Project Manager(s) will represent the State in the administration of the awarded grant projects; serve as the primary point of contact with the Local Project Director and consultants; answer questions, provide technical information on the project, and review and comments on grant products. There will be multiple consultants working on the project. The project will require a professional with expertise in the field of history and/or architectural history. Dr. Julie Schlarman has volunteered her time and expertise to prepare the National Register Nomination. Dr. Julie Schlarman meets the Secretary of the Interior's Professional Qualification Standards for History and Architectural History. The project will also require a professional with expertise in the field of archeology. The City of Dubuque will hire an archeologist that meets the Secretary of the Interior's Professional Qualification Standards for Archeology. The City of Dubuque will adhere to all State and Local Procurement Standards in soliciting professional services for Archeology. The consultants will work directly with the Local Project Director and will channel all communication to the State through the Local Project Director. B. PRODUCTS The STATE will furnish the following: CLG Grant Project Director's Manual Forms for documentation of match The RECIPIFNT will produce and distribute the following grant products: Draft of the Request for Proposals and a list of consultants to whom it will be sent Final Request for Proposals for distribution to consultants Draft subcontract agreement with the consultant Executed subcontract agreement with the consultant Monthly reports Request for Reimbursement with attached documentation for expenses paid for with this grant and match documentation (in-kind and cash). Donated time shall be documented with signed CLG 2015-03 (Dubuque) 19 timesheets. Alternatively, the local project manager may elect to summarize all of the donated time in a single document which he/she will certify with their signature. For Archaeological Survey and Evaluation Project: Project research design discussing project activities and methodology. Three (3) copies of the draft survey report with sample draft Office of State Archaeologist site record forms. A minimum of six (6) bound copies of the final survey report with final Office of State Archaeologist site record forms, for each new site located. For previously reported archeological sites, an updated site record form will be prepared. One unbound, print -ready master copy of final survey report with the above site forms single sided. The consultant will submit the archaeological record forms online to the Iowa Office of the State Archaeologist through I -Sites Three (3) CDs with a PDF file of the final survey report with site forms. A completed, typed National Archaeological Database (NADB) encoding sheet, summarizing site information. For the National Register Nomination: Project research design discussing project activities and methodology. Four (4) copies of draft National Register nomination forms, including appropriate maps on continuation sheets. Three (3) copies of final National Register nomination form on archival; 25% cotton acid -free paper, including appropriate maps on continuation sheets. One (1) original USGS 7.5' (minute) topographical map, with property location marked in pencil; Three (3) finished sets of photographs, showing at least four sides of buildings and representative photographs of the district. Photos will meet National Park Service specifications. Digital photographs will be provided on a CD -R. PowerPoint presentation for the State Nominations Review Committee meeting. CD -R Submittals (one gold Archival CD -R, one regular CD -R). CLG 2015-03 (Dubuque) 20 SPECIAL CONDITION OF THIS GRANT: The following acknowledgments will be included in all work products created as part of this grant: "The activity that is the subject of the Preserve Iowa Summit has been financed in part with Federal funds from the National Park Service, U.S. Department of the Interior. However, the contents and opinions do not necessarily reflect the view or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior." "This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color national origin, disability, or age in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as describe d above or if you desire further information, please write to: Office of Equal Opportunity National Park Service 1849 C Street, N.W. Washington, D.C. 20204" C. SCHEDULE: ACTIVITIES AND PRODUCT SUBMISSION Upon receipt of the Notice to Proceed and a Grant -in -Aid Agreement that has been signed by the RECIPIENT and the STATE, the RECIPIENT may begin work on the project. The RECIPIENT is expected to begin work on the project within 20 days of receiving the notice and the copy of the fully executed Grant -in -Aid Agreement. All work performed under this contract will be completed by June 30, 2016 and the final bill must be submitted with the final report by July 31, 2016. The Agreement will end on or before August 15, 2016. Early completion of contract activities and submission of contract products is encouraged. Tentative Schedule: Archeology: •December 2014: City notified of the grant award. •January 2015: City receives grant contract from State. •February 16, 2015: The City submits three fully signed copies of the contract to the State. •March 2, 2015: State returns one contract with original signatures, one copy of the contract, the notice to proceed, and the Local Project Director's Manual to the City. CLG 2015-03 (Dubuque) 21 •March 9, 2015: City submits draft RFP and consultant subcontract to the State. •March 23, 2015: State returns the draft RFP and consultant subcontract with recommended revisions, if any, to the City. •March 30, 2015: City solicits proposals. •April 10, 2015: Consultant proposals are due. •May 4, 2015: City selects consultant. •May 11 2015: City provides a copy of the fully executed subcontract agreement to the State. •May 18, 2015: City submits the research design and schedule of activities to the State. •May 25, 2015: Tele -conference with the State project manager and consultant to discuss the project, research design, and schedule for work. •June 1, 2015: Evaluation of the Richard Herrmann archaeological collections from 13DB1. •June 8, 2015: GPR survey of areas identified in the Phase IA survey as having the highest potential for intact mound remnants. •June 29, 2015: Soil coring of any anomalies found during GPR survey that may correspond to archaeological features, and additional coring of the site area as a whole. •July 6, 2015: Phase I Archaeological Survey to include auger or shovel testing the bluff top, avoiding any sensitive areas identified by the GPR and soil coring. • July 20, 2015: City submits three copies of the draft report with sample draft OSA site record forms. •September 8, 2015: State will return comments. • September 14, 2015: City submits final survey report with final OSA site record forms, one unbound print -ready master copy of final survey report, the archaeological record forms through I -Sites, three CDs with a PDF file of the final survey report with site forms, and a completed NADB encoding sheet summarizing site infotrnation will be submitted. NRNP Nomination: •December 2014: City notified of the grant award. •January 2015: City receives CLG contract from State. •February 16, 2015: City submits three fully signed copies of the contract to the State. March 2, 2015: State returns one contract with original signatures, one copy of the agreement, the notice to proceed, and the Local Project Director's manual to the City. •March 9, 2015: City submits the research design and schedule of activities to the State. •March 23, 2015: Tele -conference with the State and consultant to discuss the project, research design, and schedule for work. •August 3, 2015: Consultant submits three draft copies of nomination and technical materials to SHPO for preliminary review. Requested revisions are sent to the Consultant. •November 20, 2015: Consultant submits revisions to SHPO Staff for review. Additional revisions are sent to the Consultant. •December 1, 2015: Consultant submits three final draft copies of the nomination and technical materials to SHPO for final review. The State schedules the nomination for the 2/12/16 SNRC meeting. SHPO sends CLG a copy of the nomination. •January 1, 2016: SHPO sends property owners and CLG contact notification of SNRC meeting. SHPO sends committee packets to SNRC members. SHPO sends CLG National Register Review Form. CLG 2015-03 (Dubuque) 22 •January 21, 2016: City HPC considers the nomination at their regularly scheduled meeting. •February 1, 2016: City Council considers the nomination at their regular meeting. •February 12, 2016: SNRC meeting. •March 4, 2016: Notice of revisions and editing requests provided by SNRC members are sent to Consultant by SHPO. •March 14, 2016: Consultant submits three single -sided revised draft copies of nomination. •May 16, 2016: Consultant submits three single -sided final copies of the nomination on 25% cotton, acid free paper to State and required technical materials. Completed nomination signed by the Deputy SHPO and sent to the NPS. •June 30, 2016: District is listed on the NRHP. D. REIMBURSEMENT SCHEDULE Payments by the STATE shall be made upon receipt of billing invoices from the RECIPIENT that relate expenses being billed to budgeted expenses identified in Exhibit D. Each payment request will be audited by the STATE to insure that sufficient progress has been made in support of the invoice. Timely submission of products is essential for reimbursement. Claims for reimbursement must be accompanied by a progress report. Claims must be submitted to Paula Mohr, State Historical Society of Iowa, New Historical Building, 600 East Locust, Des Moines, Iowa 50319-0290, (515) 281-6826. The following payment schedule will be used: Approval of draft products up to 70% of grant Approval of all products remaining balance of the grant E. COORDINATION This project will be managed by the RECIPIENT in cooperation with the STATE. The RECIPIENT will be represented by the Project Director, Laura Carstens and the STATE will be represented by Paula Mohr, State Historical Society of Iowa, New Historical Building, 600 East Locust, Des Moines, Iowa 50319-0290 at (515) 281-6826; paula.mohr(a�iowa.gov. The RECIPIENT' s Project Director will maintain continuous coordination with the STATE's Project Manager, during the course of the contract. This will consist of monthly conference calls (written monthly progress report are optional for this grant due to the close coordination required). CLG 2015-03 (Dubuque) 23 Exhibit D Total Projected Detail/Expla CLG Grant Match Cash In -Kind Match Total Project Costs nation Request Category Match Match Cost Consultant' s fees Consultant' s fees Mound Remnant & Phase I Archeoicgic al Survey (field -work, writing: 272 hrs. @ $86.98/hr.) NRHP Nomination - $60/hr @ 183 hours (research, field -work, writing) NRHP Nomination daily per diem - 3 trips: Research Consultant' (Ames IA, $0.00 Other $0.00 $309.00 $309.00 $309.00 Champaign IL) SNRC Meeting (Des Moines IA) @$103/day $13,661.00 Cash Donated $0.00 labor $10,000.00 $0.00 $10,000.00 $23,661.00 $0.00 $11,000.00 $11,000.00 $11,000.00 s travel NRHP Nomination research Consultant' SNRC s travel meeting - 1276 miles @ 0.39/mile Mound Remnant & Phase I Archeologic al Survey Consultant' per diem: 5 s travel days, 1 person @ $103/day); 4 days, 2 people @ $103/day) CLG 2015-03 (Dubuque) $0.00 Donated mileage $1,339.00 Other $0.00 $497.64 $497.64 $497.64 $0.00 $0.00 $0.00 $1,339.00 $15,000.00 $10,000.00 01,806.64 $21,806.64 $36,806.64 24 Prepared by: LauraCarstens,CityPlanner Address: CityHa11,50W.13thSt Telephone: 589-4210 Return to: KevinFirnstahl,CitvClerk Address: CityHal1,50W.13thSt Telephone: 589-4121 RESOLUTION NO. 11-15 AUTHORIZING A CLG GRANT -IN -AID -AGREEMENT WITH THE STATE HISTORICAL SOCIETY OF IOWA TO PREPARE AN INTENSIVE SURVEY AND EVALUATION AND NATIONAL REGISTER OF HISTORIC PLACES NOMINATION FOR EAGLE POINT PARK. Whereas, the State Historical Society of Iowa has determined historic/architectural surveys and evaluations are eligible for Certified Local Government (CLG) funds; and Whereas, the City of Dubuque is a CLG in good standing and has approved a program to encourage the nomination of landmarks, landmark sites and historic districts to the National Register of Historic Places. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is authorized to sign and submit the Grant -In -Aid - Agreement to the State Historical Society of Iowa for CLG Funds to prepare an Intensive Survey and Evaluation and National Register of Historic Places Nomination. Section 2. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed budget. Passed, approved and adopted this 20th day of January, 2015. w�. c' Karla A. Braig, Mayorro Tem Attest: KeviryS. Firnstahl,`City Clerk STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 11-15 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 21st day of January, 2015. Ke in` S. Firnstahl, CI1IC, City Clerk (SEAL) CERTIFIED LOCAL GOVERNMENT GRANT PROJECT REQUEST FOR REIMBURSEMENT City or County: City of Dubuque Federal ID # (use only last four digits) 4596 Grant # 2015-03 Mailing Address: 50 W. 13th Street, Dubuque, IA 52001 Expenditure or activity Expense funded by the CLG Grant (an expense documented with an invoice) CLG Match Cash (expense funded with money other than the CLG grant and documented with an invoice) In -Kind (the value of donated time, materials, mileage, space, etc) Consultant Services - Phase I Intensive Archaeological Survey of Eagle Point Park $15,000 $10,000 - Subtotals CLG grant total $15,000 Cash match total $10,000 - TOTALS CLG GRANT $15,000 APPLICANT MATCH TOTAL (CASH + IN-KIND MATCH) $10,000 **Supporting Documentation for all cost and match claimed must be attached and labeled** I certify that this Request for Reimbursement represents actual expenditures carried out within the period of the project. This needs to be signed by your elected official (mayor or chair of the Board of Supervisors). 1) Signature 4,,(2i Roy D. Buol, Mayor Date (Please type name and title)