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Dubuque Water Trail Grant Project AgreementMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Dubuque Water Trail Grant Agreement DATE: January 26, 2010 Dubuque kiltal All-America City r ► 2007 Planning Services Manager Laura Carstens recommends City Council approval of a grant agreement with the Iowa Department of Natural Resources for $6,000 in Iowa Water Trail funding for the Dubuque Water Trail Project. This is a joint project supported by the City of Dubuque's Leisure Services and Planning Services Departments, the Dubuque County Conservation Board, and the Friends of the Mines of Spain. The City of Dubuque will provide a local match of $1,000, the Dubuque County Conservation Board will provide $500 and the Friends of the Mines of Spain will provide $500. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Mic ael C. Van Milligen McDonald Park a. q A.. R 1.0 .. N r. w r.F. u.. u. wrr.rray.ew.. ay.. CUM M4 �c yaws mwa. rr.1.* ovnr.r IN" . .e.we, wa.a...........**,, witvese.• 161.• of NM 8WWINI Or •Meboll MmM1*...“ •re Visa. p.a., ■ Base Map Provided by Dubuque County GIS Heron Pond Wetlands . • Miller Riverview Park 1 McA leece Recreation Complex 0 N nes of §'pain Recreation Area Dubuque THE CRY OF DUB Errf Masterpiece on the Mississippi 2007 Dubuque Water Trail Access Points ® Massey Marina Boat Ramp © Catfish Creek Boat Ramp ® Schmitt Island Boat Ramp McDonald Park Boat Ramp pdv Dubuque Water Trail - 11.5 Miles --- Mississippi River Trail ExistingTrails City Parks Mines of Spain J Massey Marina Planning Services/Trails/Water Trail Map 1 11_24_08 Fields of Opportunities CHESTER J. CULVER, GOVERNOR PATTY JUDGE, LT. GOVERNOR December 30, 2009 City of Dubuque Laura Carstens 50 W. 13th Street Dubuque, IA 52001 Re: WTDP Grant # 10 -09, Dubuque Water Trail Dear: Laura Carstens, Congratulations! Enclosed find two copies of an agreement for your Water Trails Development grant awarded by the Iowa Department of Natural Resources. Please review the grant's terms and conditions. Your organization will need to approve this agreement at an official meeting. Please send a copy of the meeting minutes along with the two signed agreements to my attention. The Department Deputy Director will sign the two copies, and a fully executed copy will be returned to you. If you have any questions, please contact me at 515- 281 -3013. Sincerely, Kathleen Moench Budget & Finance Bureau Enclosures STATE OF IOWA DEPARTMENT OF NATURAL RESOURCES RICHARD A. LEOPOLD, DIRECTOR WALLACE STATE OFFICE BUILDING / 502 EAST 9th STREET / DES MOINES, IOWA 50319 515 - 281 -5918 FAX 515 -281 -6794 www.iowadnr.gov JAN 1 1 2010 /,n rI CITY Or 0 JS�..IQ IE -._._I PLANNING SER', S �}i. ENT ,� s GRANTEE: PROJECT TITLE: PROJECT CONTACT: GRANT AWARD: DNR CONTACT/PHONE #: Department of Natural Resources GRANT AGREEMENT- WATER TRAILS DEVELOPMENT PROGRAM City of Dubuque Dubuque Water Trail Laura Carstens $ 6,000.00 Kathleen Moench 563 -589 -4210 515- 281 -3013 WTDP Grant #10-09 1. PARTIES /AUTHORITY. The parties to this Grant Agreement are the Iowa Department of Natural Resources, an agency of the State of Iowa (the Department), and City of Dubuque (the grantee). The parties make this Grant Agreement under the authority of Chapter 30 of 571 Iowa Administrative Code. 2. PURPOSE. The purpose of this Water Trails Development Agreement is to enable the Department to assist the grantee in the development of a water trail on a navigable water body in Iowa. 3. GENERAL DESCRIPTION OF PROJECT . This Grant Agreement is for the project described in the project proposal, except for the exemptions identified later in this provision, and summarized as the following: Development of The Dubuque Water Trail signage system from Lock & Dam 11 to the Massey Marina, Mississippi River, Dubuque, Iowa. The project proposal, which was submitted by the grantee and which serves as the basis for this Grant Agreement, shall be incorporated by this reference and made part of this Grant Agreement. Despite being included in the project proposal, the project shall not include, and the Department shall not pay for, the following: N/A 4. GRANTS AND REIMBURSEMENTS. The Department will provide the costs as described and agreed to in the project proposal up to a maximum amount of $ 6,000.00. a) The grantee may partner with other sponsoring organizations to provide additional project funds, and cost sharing funds may include local, private, federal or other state funds. b) Up to 90% of the award may be advanced by the Department by submitting a signed letter requesting the advance along with the signed agreements to the following: Budget & Finance Bureau, Kathleen Moench Iowa Department of Natural Resources 502 E. 9th Street Des Moines, Iowa 50319 The Department will pay the remaining 10% upon completion of the project, as determined solely by the Department. c) The grantee shall submit a report by December 30, 2010 using the report form (Attachment A), describing the activities occurring to date to watertrailsa,dnr.iowa.gov. The Department shall have the right to review and observe, at any time, completed work or work in progress and may demand a status report of such at any time. The grantee shall upon reasonable notice allow the Department, or anyone WTDP Grant #10 -09 designated by the Department, to inspect its books and records relating to invoicing and evaluates performance of this Grant Agreement. d) The grantee shall submit the final project billing form (Attachment B) report within one month of completion of the project. e) The Department shall pay all approved billing requests pursuant to Iowa Code section 8A.514 (2007) if, in its sole discretion, such payment is appropriate pursuant to this Grant Agreement. The Department may pay in less than sixty (60) days, as provided in Iowa Code section 8A.514. However, an election to pay in less than sixty (60) days shall not act as an implied waiver of Iowa Code section 8A.514. 5. RESPONSIBILITIES. The grantee shall perform all work necessary to complete the project as outlined in the project proposal. The grantee is solely responsible for project completion as outlined in the project proposal. The grantee will make a concerted effort to procure goods and services from Targeted Small Businesses (TSBs) listed at www.iowai.org/iowa/dia/tsb/ during the performance of this Grant Agreement. The Department may provide assistance at the request of the grantee, or at the Director's recommendation. The grantee agrees to meet the requirements for construction permits from federal, state and local authorities before constructing their projects. Receipt of state funding does not eliminate the need for appropriate construction permits. The grantee, its employees, agents, and contractors shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations and orders when performing the work under this Grant Agreement. Nothing in this Grant Agreement shall obligate the Department to or preclude the Department from making additional funds available to the grantee or its affiliates, including any maintenance costs. 6. AMENDMENTS. This Grant Agreement may be amended only by written agreement of the parties, which is signed by the Department Director, or designee, and an authorized party of the grantee. Requests for amendments shall be directed to watertrails @dnr.state.ia.us. 7. EFFECTIVE DATE /TERMINATION. This Grant Agreement shall become effective upon Natural Resource Commission approval at the December 10, 2009 meeting and shall terminate upon the completion of all work specified in the project proposal, or earlier upon mutual agreement of the parties hereto, as evidenced in writing, or, if the parties are unable to agree, by order of the district court in Polk County, Iowa. All work specified in the project proposal shall be completed by no later than December 30, 2011. The Department may terminate this Grant Agreement upon notice in the event the grantee fails to comply with any provision of this Grant Agreement. 8. AVAILABILITY OF FUNDS: If funds anticipated for the continued fulfillment of this agreement are at any time not forthcoming or insufficient, either through the failure of the State of Iowa to appropriate funds, or discontinuance or material alteration of the program under which funds were provided, then the Department shall have the right to terminate the agreement without penalty. 9. INDEMNIFICATION; LIMITATION OF LIABILITIY: The grantee agrees to indemnify and hold harmless the State of Iowa and the Department, its officers, employees and agents appointed and elected and volunteers from any and all costs, expenses, losses, claims, damages, liabilities, settlements and judgments, including reasonable value of the time spent by the Attorney General's Office, and the costs and expenses and reasonable attorneys' fees of other counsel required to defend the State of Iowa or Department, related to or arising from the grantee's acts or omissions pursuant to this Grant Agreement. Indemnification obligations of the grantee shall survive termination of this Grant Agreement. Nothing in this Agreement shall be construed to create joint or several liability of a party hereto for the acts, omissions or obligations of the other party. 10. SIGNS: In the event the project includes the installation of signs, the grantee agrees to the following: WTDP Grant #10-09 a) The grantee shall place signs according to guidelines identified in the Iowa Water Trails Program Sign Manual (Manual) and shall monitor placement and condition of dam safety signs and the portage trail to ensure those signs continue to meet the guidelines identified in the Manual. b) The grantee shall ensure signs erected pursuant to this agreement clearly read "Danger Dam" and are visible from a reasonable distance upstream, which may include clearing the line of sight from upstream of any visual obstructions. c) The grantee shall replace signs as they become unreadable or are otherwise out of commission, whether due to weather, vandalism, accidents, or any other reason. 11. PORTAGE TRAILS: In the event the project includes the construction of a portage trail or the acquisition of land therefore, the grantee shall ensure that any portage trail built all or in part with these funds will be maintained in good condition and remain open to the public for a minimum of 20 years from the date this Grant Agreement is signed. 12. EXECUTION: By signing this Grant Agreement, the grantee agrees to the terms and conditions set forth in this agreement, failure to meet the terms and conditions of this grant agreement may be cause for repayment of all or part of the grant funds. 42-600 Fed ID # Date Patricia L. Boddy, Deputy Director Iowa Department of Natural Resources Grantee Signature Roy D. Buol, Mayor WTDP Grant #: 10 -09 Print Name Prepared by: Laura Carstens, Planning Services Manager Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Jeanne Schneider, City Clerk Address: City Hall, 50 W. 13th St Telephone: 589 -4210 RESOLUTION NO. 36-10 RESOLUTION APPROVING AN AGREEMENT FOR IOWA WATER TRAIL FUNDING WITH THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE DUBUQUE WATER TRAIL. Whereas, the Iowa Department of Natural Resources has awarded the City of Dubuque an Iowa water trail grant; and Whereas, the City has adopted a Comprehensive Plan that includes a Recreation Goal to optimize the recreational amenities offered by the city's riverfront. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is authorized to sign this agreement with the Iowa Department of Natural Resources for Iowa water trail funding for the Dubuque Water Trail. Section 2. That the City Council agrees to abide by all local, state and federal requirements applicable to the proposed budget. Attest: Passed, approved and adopted this 1st day of / February 2010. Jeanne F. Schneider, City Clerk Roy D. oI, Mayor