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IDED Gr Agree Down Mast PlaneMEMORANDUM December 10, 2002 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:IDED Grant Agreement for Downtown Master Plan Planning Services Manager Laura Carstens recommends City Council approval of an agreement with the Iowa Department of Economic Development (IDED) for a $25,000 grant from IDED's Community Development Fund for preparation of the Downtown Master Plan. I concur with the recommendation and respectfully request Mayor and City Council approval. ____________________ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager MEMORANDUM December 9, 2002 TO:Michael C. Van Milligen, City Manager FROM:Laura Carstens, Planning Services Manager SUBJECT:IDED Grant Agreement for Downtown Master Plan INTRODUCTION This memo transmits an agreement with the Iowa Department of Economic Development for a $25,000 grant from IDED's Community Development Fund for preparation of the Downtown Master Plan. A resolution and transmittal letter are enclosed. DISCUSSION In March 2002, the City Council budgeted $100,000 for creation of a Downtown Master Plan. The City allocated $50,000 in City funds for the project. The Downtown Planning Committee has raised $25,000 from a private fund raising campaign. In November 2002, the City received an award notice from IDED for a $25,000 grant. The grant agreement includes $2,500 of local in-kind match, which brings the project to $102,500. The Downtown Planning Committee and the Planning Services Department will provide this local in-kind match through committee meetings and staff support. RECOMMENDATION I recommend that the City Council authorize the Mayor to sign the $25,000 grant agreement with IDED, and designate the Planning Services Manager to sign payment vouchers for the grant. LC/mkr Attachments Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-4210 RESOLUTION NO. 641-02 RESOLUTION AUTHORIZING IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT GRANT AGREEMENT FOR DOWNTOWN MASTER PLAN Whereas, the City Council has made creation of a Downtown Master Plan a priority; and Whereas, the City Council has allocated $50,000 towards this project; and Whereas, the Iowa Department of Economic Development (IDED) has awarded the City a $25,000 grant from the IDED's Community Development Fund for this project; and Whereas, the Downtown Planning Committee has raised $25,000 in private donations; and Whereas, the Downtown Planning Committee and Planning Services Department will provide $2,500 in local in-kind match. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign the IDED grant agreement for creation of the Downtown Master Plan on behalf of the City of Dubuque. Section 2. The Planning Services Manager hereby is authorized to sign the IDED payment vouchers and to serve as the project manager and point of contact for this grant agreement. Passed, approved and adopted this 16th day of December, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Department of Economic Development lOWA SMART IDEATM CITY OF DUBUQUE DEC ,O& 2002 December 2, 2002 Ms. Laura Carstens City of Dubuque 50 W 13th St City Hall Dubuque, IA 52001 Re: Grant Agreement 2003-F320-300 and Payment Voucher for first draw of funds Dear Ms. Carstens: Enclosed you witl find the Payment Voucher for your first advance of funds and the Grant Agreement between the IDED and the Grantee. Please type or legibly print all information, The Grant Agreement and Payment Voucher are to be mailed to: Iowa Department of Economic Develop rnent ATTN: Barb Harvey 200 East Grand Avenue Des Moines, IA 50309-1827 GRANT AGREEMENT: 1)The Grant Agreement is a two party document between the IDED and the Grantee. Please have the authorized representative of the Grantee sign the Grant Agreement on page three (3). 2) Send the ENTIRE ORIGINAL Grant Agreement back to me for processing. 3)Our Division Administrator will then sign the Grant Agreement, and we will return a copy of the signed Grant Agreement to you. FUN.DS DISBURSEMENTPROCEDURE: Claims for payment will be made in two (2) disbursements. The second disbursement shall be made after the project has been completed and IDED has received and reviewed the items described in the Work Statement. A financial report is due at the end of the project. Upon completion of the prOject send all products to the attention of Call Beals at, IDED. Thomas J. Viback, Governor Sally J. Pederson, Lieutenant Governor C.J~ Niles, Director 200 E&st Grand Avenue, Des Moines, Iowa 50309 Phone: 515.242.4700 Fax: 515.242.4809 WVWN.iowasmar tidea.com 2 PAYMENTVOUCHER: 1) Please have the Grantee or his/her designee date and sign the Payment Voucher side in the Claimant's Certification box located 2/3 down and on the left-hand side of the page. Do not have them sign on the AGENCY CERTIFICATION side of the Payment Voucher. Please be sure that a form with an original signature is sent back. Blue ink is preferred over black ink. There have been instances where questions arose if the signature was an original or a photocopy and payment was delayed until the question was resolved. If there is not an original signature, your request for funds will not be processed. Please make a copy for your files. 2) Return this form along with your signed Grant Agreement. Make sure an oriqinal siqnature is on the Grant Agreement and the Payment Voucher. If there is not an original signature, we cannot process your Grant Agreement or your request for funds. If you have questions while filling out either the Grant Agreement or the financial documents please call me at 515.242.4779. For questions regarding your work activities please contact Cali Beals at (515) 242-4723. Our FAX number is 515.242.4809. If you would like to contact us by e-mail our addresses are barb.harvey@ided.state.ia.us and Cali.Beals@ided.state.ia.us. We look forward to working with you during this project. Barb Harvey Program Assistant IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT COMMUNITY DEVELOPMENT FUND GRANT AGREEMENT BETWEEN iOWA DEPARTMENT OF ECONOMIC DEVELOPMENT 200 East Grand Avenue GRANT NUMBER: 2003-F320-300 Des Moines, Iowa 50309 (hereinafter "IDED") EFFECTIVE DATE: November 05, 2002 AND City of Dubuque 50 W 13th St City Hall Dubuque, IA 52001 (hereinafter "Grantee") AWARD AMOUNT: $25,000.00 GRANTEE CASH MATCH: $75,000.00 GRANTEE IN-KIND MATCH: $2,500.00 FEIN: 42-6004596 In consideration of the promises and mutual covenants and agreements contained herein, the Parties agree as follows: DEFINITIONS. "Grantee" means an entity as defined in 261 Iowa Administrative Code, Chapter 41, Section 41.2(1). The Grantee shall have the primary responsibility for the Project and shall be the fiscal agent. Grantee shall ensure that the minimum match requirements are met, as defined in 261 lAC 41.2(1 ), and that all other conditions of the Grant Agreement are met. GRANT PROJECT. "Project" means the activities and other obligations to be performed or accomplished by the Grantee as described in this Agreement, the application approved by the IDED, the award letter, and described in Attachment A - Work Statement and Budget. 3. GRANT PERIOD. Project Effective Date: November 05, 2002 Project Completion Date: November 30, 2003 PRIOR EXPENSES. No expenditures made prior to the Effective Date may be included as Project costs for the purpose of this Grant Agreement. UTILIZATION OF CONSULTANT(S). If consultant(s) are to be hired in association with the Project, the Grantee is responsible for recruiting, selecting, and contracting (e.g. terms and conditions, scope of work, payment) with consultant(s). TOTAL PAYMENT. Total payment of state funds under this agreement is not to exceed $25,000.00 as shown in Attachment A. unless modified by written amendment of this Contract. All payments under this Agreement are subject to receipt by the IDED of sufficient State funds for this activity. Any termination, reduction or delay of state funds to the 1DED shall, at the option of the IDED, result in the termination, reduction or delay of state funds to the Grantee. MATCH REQUIREMENTS. The Grantee shall ensure that a minimum of 25 percent local cash match of grant funds and a minimum of 10 percent of local in-kind match of grant funds is provided for the Project. COST VARIATION. In the event that the total Project cost is less than the amount specified in this Agreement, IDED's participation shall be reduced at the same ratio as IDED funds are to the total Project budget, and any disbursed excess above the reduced IDED participation shall be returned immediately to IDED. Upon request of the Grantee, IDED may waive this section upon a good faith showing by the Grantee that Project costs are less than specified in the Agreement for reasons including but not limited to the following: realized Project efficiencies or savings realized when the Project is completed ahead of schedule. REPORTING REQUIREMENTS. The Grantee shall submit a copy of the final product to the IDED upon completion for IDED's review to verify that the terms of this agreement have been met. The Grantee shall also submit a financial report as specified by IDED upon completion of the project. Upon review of the final product the Grantee shall submit a synopsis report as specified by IDED. 10. PAYMENT PROCEDURES. Payment shall be made in two disbursements. The first disbursement of seventy-five percent (75%) of grant funds shall be made at the start of this Agreement subject to approval of waiver by the Department of Revenue and Finance. The second disbursement shall be made after the project has been completed and IDED has received and reviewed the final product identified in Section 9 REPORTING REQUIREMENTS. Requests for payment shall be made using the standard IDED fund request form or a detailed invoice, which contains the same information as the IDED fund request form. If the total grant award amount has not been claimed within sixty (60) days of the Project Completion Date, then the IDED shall be under no further obligation for further disbursement. 11. PUBLICATIONS. The Grantee will ensure that all publications produced in association with this Agreement shall 2003-F320-300 City of Dubuque 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. include the following phrase: This project is sponsored in part by the Iowa Department of Economic Development. DEFAULT. The occurrence of any one or more of the following events shall constitute cause for IDED to declare the Grantee in default of its obligations under this Agreement: a) non-performance; b) a failure of the Grantee to make substantial and timely progress toward performance of the Agreement; c) a failure of the Grantee's work product and services to conform with the terms of this agreement and any and all attachments; d) a breach of any term of this Agreement; e) misspending grant proceeds for purposes not described in Attachment A - Work Statement and Budget. The IDED shall issue a written notice of default providing therein a fifteen (15) day period in which the Grantee shall have an opportunity to cure, provided that cure is possible and feasible. TERMINATION. This Agreement may be terminated in the following circumstances: a) By either party, without cause, after thirty (30) days written notice; b) As a result of the Grantee's default under this Agreement; c) As a result of the termination or reduction of funding to IDED; d) Immediate termination upon written mutual agreement by all parties. REMEDY UPON TERMINATION. In the event of termination of this Agreement or reduction of the Agreement amount, the exclusive, sole and complete remedy of the Grantee shall be payment for services rendered prior to termination. NONASSIGNMENT. This Agreement may not be assigned without prior IDED written consent. WRITING REQUIRED. No change, modification, or termination of any of the terms, provisions or conditions of this Agreement shall be effective unless made in writing and signed by the Grantee. Notwithstanding the sentence above, IDED may unilaterally modif7 the Agreement at will in order to accommodate any change in any applicable federal, state or local laws, regulations, rules or policies. A copy of such unilateral modification will be given to the Grantee as an amendment to this Agreement. COMPLIANCE WITH LAWS AND REGULATIONS; DECLARATION OF THE GRANTEE. The Grantee shall comply with all applicable State and federal laws, rules, ordinances, regulations and orders. The Grantee declares that it has complied with all federal, state, and local laws regarding business permits and licenses that may be required to carry out the work to be performed under this Agreement. COMPLIANCE WITH EEO/AA PROVISIONS. The Grantee shall comply with the provisions of federal, state and local laws, rules and executive orders to insure that no employee or applicant for employment is discriminated against because of race, religion, color, age, sex, national origin, or disability. A breach of this provision shall be considered a material breach of this Agreement. INDEMNIFICATION AGAINST LOSS OR DAMAGE. The Grantee shall jointly and severally defend, indemnify and hold IDED, its successors and assigns, harmless from and against any liability, loss, damage or expense, including reasonable counsel fees, which IDED may incur or sustain by reason of (a) the failure of the Grantee to fully perform and comply with the terms and obligations of this Agreement; (b) the Grantee's performance or attempted performance of this Agreement; (c) the Grantee's activities with subgrants and third parties. ACCESS TO RECORDS. The Grantee shall permit IDED or its agents to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, reports, papers and records of the Grantee relating to orders, invoices, or payments or any other documentation or materials pertaining to this Agreement. Upon the request of IDED, the Grantee shall deliver to IDED or its agents said documentation or materials. RECORDS RETENTION. Ail records of the Grantee relating to this Agreement shall be retained for a period of three (3) years following the date of final payment or completion of any required audit, whichever is later. UNALLOWABLE COSTS. If IDED determines at any time, whether through monitoring, audit, closeout procedures or by other means that the Grantee has received grant funds or requested reimbursement for costs which are unallowable under the terms of this Agreement, the Grantee will be notified of the questioned costs and given an opportunity to justify questioned costs prior to IDED's final determination of the disallowance of costs. If it is IDED's final determination that costs previously paid by IDED are unallowable under the terms of the Agreement, the expenditures will be disallowed and the Grantee shall immediately repay to IDED any and all disallowed costs. 23. SURVIVAL OF AGREEMENT. If any portion of this Agreement is held to be invalid or unenforceable, the remainder shall be valid and enforceable. 2003-F320-300 City of Dubuque 24. GOVERNING LAW. This Agreement shall be interpreted in accordance with the law of the State of Iowa, and any action relating to the Agreement shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern District of Iowa. 25. FINAL AUTHORITY. The decision of the IDED shall be binding on the Grantee. The IDED shall have the final authority to assess whether the Grantee has complied with the terms of this Agreement. 26. INTELLECTUAL PROPERTY. All concepts, tapes, compilations or other work product procured or created by the Grantee (s) or its/their employees or agents for the Department in connection with this Agreement shall be the property of the Department. The Department shall be deemed to be the author of such work product and all rights in the work product including copyrights and other rights, title and interest in such materials. Accordingly, the Department may adapt, change, edit or use these materials in combination with the works of others and may publish the materials. If for any reason the Department is not deemed to be the author and owner of these materials for all purposes then this Agreement shall be considered an irrevocable, perpetual assignment by the Grantee (s) to the Department of all rights it may have in any work product. The Grantee shall take any steps necessary to ensure that persons working on behalf of the Grantee will not have any claim to the work product or the rights in the work product. 27. DOCUMENTS INCORPORATED BY REFERENCE. The following documents are hereby incorporated by reference: (a) Attachment A, Work Statement and Budget. (b) Attachment B, Iowa Department of Economic Development Award Letter. (c) Attachment C, Application. Due to its size, Attachment C will not be attached to this Agreement, but will be kept on file at the Iowa Department of Economic Development. It shall, nevertheless, be considered an incorporated element of this Agreement. 28. ORDER OF PRIORITY. In the event of a conflict between documents, the follow order or priority shall be applied: (a) Articles 1-29 of this Grant Agreement. (b) Attachment A, Work Statement and Budget. (c) Attachment B, Iowa Department of Economic Development Award Letter. (d) Attachment C, Application as approved by IDED. 29. INTEGRATION. This Agreement contains the entire understanding between the Grantee and IDED and any representations that may have been made before or after the signing of this Agreement, which are not contained herein, are nonbinding, void and of no effect. Neither of the parties has relied on any such prior representation in entering into this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, effective as of the date stated in Section 3. GRANT PERIOD. FOR GRANTEE: X Signature Title FOR IDED: Sandy Ehrig, Administrator Community Development Division 2003-F320-300 CiLy of Dubuque ATTACHMENT A WORK STATEMENT The purpose of the Community Development Fund is to assist communities in addressing community and economic development challenges and opportunities. Technical and financial assistance is provided to communities to access consultation and technical assistance to further local collaborative initiatives or to select and prioritize strategies for the improvement of operations and structures to meet business and residential demands. The IDED is providing grant funds to be used to assist with the development of a model for downtown redevelopment. The grantee shall document the process followed to create the model. Components of the model shall include: Component 1 - Assess Conditions and Identify Issues. Action steps are: reviewing existing plans for downtown and sub- areas; analyzing general physical conditions of the project area; highlighting major building rehabilitation and redevelopment opportunities; reviewing roadway, transit, parking, and pedestrian circulation systems; assessing reality versus Vision Downtown; assessing reality and existing plans versus Vision Downtown; and describing issues in text, maps and graphic forms. Component 2 - Conduct Market Analysis of Downtown Dubuque. Action steps are: documenting existing physical and market conditions; quantifying market demand for various land uses identified in the six dimensions of Vision Downtown; assessing development opportunities and constraints; identifying targeted development opportunities; assessing financial feasibility of recommended projects and/or concepts; identifying potential developers; and assessing developer interest. Component 3 - Establish Community Involvement. Action steps are: creating a consensus building, community involvement and public relations process for public outreach and engagement; engaging the community, decision makers and partners in planning process; and recommending a role for the downtown planning committee. Component 4 - Develop Downtown Dubuque Master Plan. Action steps are: creating a unified implementation strategy with master plan elements and recommendations for the Vision Downtown dimensions; creating concept plans for land use and urban design with preferred uses by areas or districts; creating concept plans with transportation, traffic circulation and parking options; creating concept plans and cost estimates for public improvements related to the Vision Downtown dimensions; identifying financing incentives, strategies and tools; identifying strategies to attract development; identifying marketing and merchandising strategies; recommending an Action Agenda to identify and prioritize next steps; and cross referencing the Downtown Master Plan with Vision Downtown. The parts of the project including costs of studies or plans that are routinely developed as part of a city or county function or operation, such as development of a comprehensive plan, community builder plans, master plans or engineering studies for water, sewer, roads, or parks are not eligible uses of grant funds but may be used as local match. The model shall include deliverable strategies for land use, marketing strategies, traffic and parking plans, housing, business development, and growth management. The strategies shall be measurable and sustainable. The model shall not be redundant of work already accomplished in previous planning efforts. The final report shall be in a format to be used as a model for downtown redevelopment. A presentation of the model shall be made to IDED. BUDGET* Line Item Grant Local Cash Local In-kind Total Amount Match match Costs for model development for a $25,000.00 $0.00 $0.00 $25,000.00 downtown redevelopment model with deliverable strategies. Local costs associated with the project. $0.00 $75,000.00 $2,500.00 $77,500.00 Totals $25,000.00 $75,000.00 $2,500.00 $102,500.00 *Minimum match requirements as specified in Section 7. MATCH REQUIREMENTS must be maintained. 2003-F320-300 City of Dubuque Attachment C, Application. Due to its size, Attachment C will not be attached to this Agreement, but will be kept on file at the Iowa Department of Economic Development. It shall, nevertheless, be considered an incorporated element of this Agreement. STATE OF IOWA PURCHASE ORDER/PAYMENT VOUCHER DOCUMENT NUMBER 2003 DATE I ACCTG PERIOD (mmV/y) VENDOR CODE AGENCY NAME 42-6004596 Iowa Department of Economic Development VENDOR NAME AND ADDRESS BILL TO ADDRESS (ORDERING AGENCY) SHIP TO ADDRESS City of Dubuque Iowa Depar[ment of Economic Development 50 West 13th St. - City Hall Community Development Division Dubuque, Iowa 52001 200 East Grand Avenue Des Moines, IA 50309-1827 TERMS FOB ORDER APPROVED BY GOODS RECEiVED/SERVICES PERFORMED DATE INITIALS Advance Payment per Blanket Approval: 03-039 Per Grant Agreement: 2003-F$20-300 $18,750.00 For Community Development Fund DOCUMENT TOTAL $18,750.00 CLAIMANT'S CERTIFICATION AGENCY CERTIFICATION I CERTIFY THAT THE ITEMS FOR WHICH PAYMENT IS CLAIMED WERE FURNISHED EOF{ STATE I CERTIFY THAT THE ABOVE EXPENSE WERE INCURRED AND THE AMOUNTS ARE BUSINESS UNDER THE AUTHORITY OF THE LAW AND THAT THE CHARGES ARE REASONABLE, CORRECT AND SHOULD BE PAID FROM THE FUNDS APPROPRIATED BY: PROPER, AND CORRECT, AND NO PART OF THIS CLAIM HAS BEEN PAID, CODE OR CHAPTER SECTION(S) DATE TITLE CEAIMANT'S SIGNATURE AUTHORIZED SIGNATURE DOC TYPE (PO DOC NUMBER DOC DATE ACCTG PRE) BUDGET ACTIOH PO SHIP PV ]NT iNT SELLER [NT SELLER orPV) FY NEW/MOD INSTR TYPE tND FUND AGCY PV E VENDOR CODE ADDR OVERRIDE F/A INDICATOR EFT IND TEXT -po's only (Y/N) TEXT (po's only) 42-60O4596 REF DOC TYPE REF DOC NUMBER REF DOC LINE COM LN VEND INVOICE ¢~ COMMODITY CODE GS CONTRACT 01 0001 269 F320 4124 2003-F320-300 $18,750.00 O2 O3 O4 O5 O6 O7 07-350 iFASPO/PVl (3/99) DOCUMENT TOTAL I $18,750.00 PO/PV1 WARRANT# AUDITED BY [ PAID DATE