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Bee Branch Gate & Pump Station Replacement Project Phase 5 EDA Grant Administration with ECIA Copyrighted June 17, 2019 City of Dubuque Consent Items # 17. ITEM TITLE: Bee Branch Gate & Pump Station Replacement Project (Phase 5) EDA GrantAdministration SUMMARY: City Manager recommending approval to hire East Central Intergovernmental Association (ECIA)to perform grant administration services for the U.S. Economic Development Administration (E DA) grant funding for the 16th Street Detention Basin Flood Gates, a/k/a Bee Branch Flood Mitigation Gate & Pump Station Replacement Project. RESOLUTION Approving the contract for the administration of the 2019 U.S. Economic Development Administration Disaster Relief Opportunity Grantforthe stormwater pumping station at the 16th Street Detention Basin to East Central I ntergovernmental Association SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Bee Branch Gate & Pump Station Replacement City Manager Memo Project-MVM Memo Staff Memo Staff Memo Resolution Resolutions Contract Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Gate & Pump Station Replacement Project (Phase 5 of the Bee Branch Watershed Flood Mitigation Project), EDA Grant Administration DATE: June 13, 2019 City Engineer Gus Psihoyos requests City Council approval to hire East Central Intergovernmental Association (ECIA) to pertorm grant administration services for the $2,500,000 U.S. Economic Development Administration (EDA) grant funding for the 16�n Street Detention Basin Flood Gates, a/k/a Bee Branch Flood Mitigation Gate & Pump Station Replacement Project, for a total cost of$32,000. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Dubuc�u� 'I'I-IE CITY OF �J� � �� �°� ,, � pil-AmericaCity U t-;� 1 � M�zster�iece oya tlie� M�isst.�sip��i .!!Ni"s�I1�+ ,"1�1 4 :lil— TO: Michael C. Van Milligen, City Manager „ FROM: Gus Psihoyos, City Engineer ` �= � ... "� � DATE: June 12, 2019 SUBJECT: Bee Branch Gate & Pump Station Replacement Project (Phase 5 of the Bee Branch Watershed Flood Mitigation Project), EDA Grant Administration INTRODUCTION The purpose of this memorandum is to request approval to hire ECIA to perform grant administration services for the $2,500,000.00 in U. S. Economic Development Administration (EDA) grant funding for the 16th Street Detention Basin Flood Gates [a.k.a. Bee Branch Flood Mitigation Gate & Pump Station Replacement Project]. BACKGROUND In December of 2001, the City Council formally adopted the Drainage Basin Master Plan prepared by HDR Engineering. Based on the study, approximately 1,150 homes and businesses in the Bee Branch watershed are at risk of flood damage. On November 18, 2013 the City Council passed Resolution 335-13 adopting the 2013 Drainage Basin Master Plan Amendment. The amended Drainage Basin Master Plan outlined several improvements throughout the Bee Branch watershed to mitigate the effects of future flooding and disasters. Collectively, the improvements form the basis of the Bee Branch Watershed Flood Mitigation Project outlined in Table 1 below. Phase 5 is the Bee Branch Gate Replacement improvements. Table 1. Twelve phases of the Bee Branch Watershed Flood Mitigation Project Phase Descri tion 1 Carter Road Detention Basin Complete 2 West 32�d Street Detention Basin Complete 3 Historic Millwork District Complete 4 Lower Bee Branch Creek Restoration Functional 5 Flood Mitigation Gate Replacement Under Design 6 Impervious SurFace Reduction (Green Alleys) Under Construction 7 Upper Bee Branch Creek Restoration Complete g 22�a Street Storm Sewer Improvements Under Design/Construction 9 Flood Mitigation Maintenance Facility 10 North End Storm Sewer Improvements 11 Water Plant Flood Protection 12 17th Street Storm Sewer Improvements Under Design/Construction With a total estimated cost of$232 million, the Bee Branch Watershed Flnod Mitigation Proj�ct will prevent an estimated $582 million in damages over the 100-year design life of the project. With more than $160 million in funding assistance, for every dollar invested by Dubuque citizens it will prevent more than eight dollars in flood damage. Combined, the FY15 and FY16 CIP budgets established $2,100,000 to replace the flood gates associated with the 16th Street (Bee Branch) Pumping Station. In December of 2015, the City Council authorized the hiring of IIW, P.C. for design and engineering services for the Bee Branch Gate Replacement Project. In addition, IIW was to design improvements to the electrical system that energizes the pump station. Finally, IIW was to identify and investigate possible modifications to the existing 16tn infrastructure that would "provide additional means for releasing water from the Bee Branch retention under various circumstances such as when the gates are open, when they are closed, and depending on the river stage." In April of 2017, IIW presented a series of possible enhancements that improved access to the facility; an updated, more reliable electrical service; and provided space for the use of additional, temporary pumps to augment the existing, permanent pumps. The estimated cost for the improvements exceeded $3.3 million, considerably more than the budget. Due to the record rainfall� in 2010 and 2011 that have impacted the Bee Branch Watershed, it was prudent to consider if even the modest improvements were sufficient. Therefore, the City reached out the US Army Corp of Engineers (USACE) for possible assistance. The initial response was that the USACE might be able to partner with the City but that the timing of the project would be delayed with federal USACE funding levels an uncertainty. Since then, IIW worked with Engineering and Public Works staff to further develop improvements to the facility that would indeed improve drainage when the gates are open and when operating under Mississippi "flood" conditions when the gates are closed. As outlined in IIW's Bee Branch Stormwater Pumping Station Preliminary Engineering Report, five alternative options were evaluated. The preferred alternative includes the: • Replacement of the existing flood gates; • Installation of an additional flood gate; • Replacement of the existing flood pumps and installation of additional pumps; • Replacement and updating of the electrical service to current standards; • Installation on an additional back-up generator for the additional pumps to address the needed resiliency being demanded by the storms of recent years, including the July 2017 storm event. This alternative was chosen because it best addresses the flooding that has been occurring since 1999. It also provides for additional resiliency options as rainstorms increase in both depth and intensity. For example, it provides for additional space for a third culvert from the basin to the Mississippi River. 2 The flood gates will be constructed on the basin side of the levee. This design would allow for the pumps to operate more efficiently. It also eliminates the environmental concerns associated with the Higgins Eye Clams found on the river side of the levee. The design further eliminates the challenge of maintaining flood protection during construction. The two existing 90,000 gpm pumps that are more than 50 years old will be replaced and two additional new pumps will be added. This allows for redundancy in the event of a pump failure. It also provides the capacity to handle rainstorms such as of the 2010 and 2011 storm events. There is an existing back-up generator in place that provides back-up power for the existing flood pumps. That generator is relatively new and will remain in place and a second generator will be installed for the new pumps being added. This not only provides the back-up power, but allows for redundancy in the event that one of the generators fails during a storm event. The cost of the proposed improvements are as follows: Enqineer's Estimate Construction Contract $ 8,700,000.00 Contingency 435,000.00 Engineering 1,300,000.00 $ 10�435�000.00 In December of 2018, the City Council adopted Resolution 368-18, approving an application for $4,000,000.00 in U. S. Economic Development Administration grant funding for the 16th Street Detention Basin Flood Gates Project, otherwise known as the Bee Branch Flood Mitigation Gate & Pump Replacement Project. The City Council also pledged the amount of$5,135,000 from GO Bonds or a State Revolving Fund loan as local matching funds, if in fact, the Disaster Relief Opportunity grant was awarded by the Economic Development Administration. In May of 2019, the City Council authorized the Mayor to sign the Financial Assistance Award agreement with the Economic Development Administration securing the $2,500,000.00 in EDA grant funding for the Bee Branch Flood Mitigation Gate & Pump Replacement Project). The City Council also authorized the City Manager to act as an authorized representative relating to the EDA grant with authorization to execute any documents required by the agreement as EDA may reasonably request. DISCUSSION The $2,500,000.00 in U. S. Economic Development Administration (EDA) grant funding will cover a portion of the construction costs associated with the Bee Branch Flood Mitigation Gate & Pump Station Replacement Project (Project). In addition to providing the local matching funds ($6,635,000.00), the engineering, design, and administrative costs, estimated to be $1,300,000.00, are outside of the grant and the sole responsibility of the City. 3 Because ECIA heiped author the EDA granf application, and because ECIA has years of experience writing and administering EDA Public Works grants, the City discussed the grant administration duties with ECIA. As a result, ECIA has presented a Scope of Work (attached) for administering the EDA Public Works grant for the Project. The total cost to administer the grant is $32,000.00. The cost to administer the grant was included in the overall project cost presented to the City Council at the May 6, 2019 City Council meeting. RECOMMENDATION I recommend that the City enter into the Financial Assistance Award agreement with the U. S. Economic Development Administration in order to secure $2,500,000.00 in grant funding for the 16th Street Detention Basin Flood Gates Project, otherwise known as the Bee Branch Flood Mitigation Gate & Pump Replacement Project. BUDGETIMPACT The project funding, including grant administration, is as follows: Activit Funding Source Amount Construction EDA Grant $2,500,000.00 Construction Sales Tax Increment Proceeds $6,200,000.00 Construction Contin enc Sales Tax Increment Proceeds $435,000.00 Conce tual Desi n Sales Tax Increment Proceeds $46,100.00 Desi n En ineerin Stormwater Utilit Fee Revenue $780,450.00 Construction En ineerin Sales Tax Increment Proceeds $384,600.00 Cit Staff Desi n QA/QC &Admin Stormwater Utilit Fee Revenue $56,850.00 Grant Administration Sales Tax Increment Proceeds $32,000.00 Total Project Funding: $10,435,000.00* *The$10.435 million total project cost is what was presented previously to the City Council. REQUESTED ACTION I respectfully request authorization to hire ECIA to perform grant administration services for the $2,500,000.00 in EDA grant funding for the Bee Branch Flood Mitigation Gate & Pump Station Replacement Project. Attach. Prepared by Deron Muehring Cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Engineer John Klostermann, Public Works Director Deron Muehring, Civil Engineer 4 RESOLUTION NO. 229-19 RESOLUTION APPROVING THE CONTRACT FOR THE ADMINISTRATION OF THE 2019 US ECONOMIC DEVELOPMENT ADMINISTRATION DISASTER RELIEF OPPORTUNITY GRANT FOR THE STORMWATER PUMPING STATION AT THE 16TH STREET DETENTION BASIN TO EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION WHEREAS, the City Council passed Resolution 368-18 in support of the grant application for EDA grant funding for the 16th Street Detention Basin Culvert Inlet Structure and Stormwater Pumping Station Project (Project); WHEREAS, the City was awarded $2,500,000.00 in Economic Development Administration (EDA) grant funding; WHEREAS, the City Council passed Resolution 152-19 authorizing the Mayor to enter into the Financial Assistance Award agreement with EDA; WHEREAS, the it is in the best interest of the City to engage the services of a firm to provide EDA grant administration services for the City's proposed flood mitigation project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That East Central Intergovernmental Association (ECIA) is hereby selected to provide grant administrative services required as part of the EDA grant. 2. The City Manager is hereby authorized to enter into a contract with ECIA to provide administration service associated with the $2,500,000 EDA grant for the 16th Street Detention Basin Flood Gates (a.k.a. Bee Branch Flood Mitigation Gate & Pump Replacement Project). Passed, approved and adopted this 17th day of June 2019. 4, Roy D. Buol, Mayor Attest: Ke (rn S. Firnstahl,Ci y Clerk CONTRACT FOR SERVICES WITH EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION THIS CONTRACT, entered into by and between the East Central Intergovemmental Association (hereinafter called ECIA)and under a passed and approved RESOLUTION OF DUBUQUE, IOWA, (hereinafter called Grantee), authorizing ECIA's assistance in carrying out this Contract and attached Scope of Services, and approved by ECIA on July 17, 2019. TERMS. This Contract carries the following terms. SECTION 1. Scope of Services ECIA shall provide and perform the necessary services required to carry out grant administration far the 2019 US Department of Commerce Economic Development Administration(EDA) Disaster Relief Grant as set out in the Scope of Services attached. SECTION 2. Time of Performance The services of ECIA shall commence on date of EDA grant approval, and shall be completed upon receipt of final Certificate of Completion from the EDA. The parties acknowledge that ECIA's time of performance and Scope of services as identified herein, may be contingent upon the actions and/or requirements of other parties. ECIA shall not be responsible for a delay in services when said services are contingent upon the completion or performance of services by third parties. SECTION 3. Method of Pavment Payment shall be due upon receipt of a monthly bill for services. The payment shall be based on the actual costs incurred by the agency in administering the contract, including labor and overhead, all according to OMB Circular A122. Total payment shall not exceed $32,000. SECTION 4. Personnel The ECIA represents that it has, or will acquire, all personnel necessary to perform the services under this Contract. SECTION 5. Pronertv ECIA shall be free to acquire or use existing property, real or personal, as it deems necessary in the performance of wark under this agreement. SECTION 6. Access to Records ECIA,the Grantee,the EDA,the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records which are directly pertinent to this specific contract,far the purpose of making audit, examinations, excerpts, and transcriptions. ECIA and the Grantee shall maintain all required records for five years after complete grant closeout and all other pending matters are closed. SECTION 7. Civil Rights Provisions 7.1 Discrimination in Employment- ECIA shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, sex, national origin, age, or disability. Such action shall include but may not be limited to the following: employment, upgrading, demotion ar transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including an apprenticeship. ECIA agrees to post notices setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees. 7.2 Consideration for Employment- ECIA shall, in all solicitations or advertisements for employees placed by or on behalf ofthe Grantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or disability. Solicitation and Advertisement- ECIA shall list all suitable employment openings in the State Employment Service local offices. 7.3 Civil Rights Compliance in Employment- ECIA shall comply with all relevant provisions of the Iowa Civil Rights Act of 1965 (Iowa Executive Orders 15 and 34), Federal Executive Order 11246, as amended by Federal Executive Order 11375,Title VI of the Civil Rights Act of 1964, as amended(P.L. 88-352),the Equal Pay Act of 1963, Section 504 of the Vocational Rehabilitation Act of 1973 (29 U.S.C. 794;the Age Discrimination Act of 1975 as amended(LT.S.C. 6101 et seq.);the Vietnam Veterans Readjustment Act of 1974; the Americans with Disabilities Act, as applicable (P.L. 101-336, 42 U.S.C. 12101-12213); and related Civil Rights and Equal Opportunity statutes; and regulations which implement these laws. ECIA will fumish all information and reports requested by the State of Iowa or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State of Iowato investigate compliance with these rules and regulations. 40 C.F.R. Par 7 implements Title VI of the Civil Rights Act of 1964, Section 13 of the 1972 Amendments to the Federal Water Pollution Control Act, and Section 504 of The Rehabilitation Act of 1973 7.3.A Federal Executive Orders 11246, as amended by Executive Order 11357 require that all contracts in excess of$10,000 include the following language: "During the performance of this contract,the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees places by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The contractor will send to each labor union or representative of warkers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union of workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders far the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (� In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders,this contract may be cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of L,abor, or as otherwise provided bylaw. ('� The contractor will include the provisions of Paragraphs (1)through('� in every subcontract or purchase order unless expected by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however,that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the United States to enter into such litigation to protect the interests of the United States." 7.4 Program Nondiscrimination- ECIA shall conform with requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200d et.seq.), DOC regulations issued pursuantthereto contained in 24 CFR Part 1, and Section 109 of Title 1 ofthe Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309). No person in the United States shall on the ground of race, color, physical or mental disabilities, national origin, religion or religious activities, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through this contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 ofthe Rehabilitation Act of 1973 shall also apply to any such program or activity. 7.5 Fair Housing- ECIA(if applicable) shall comply with Title VIII of the Civil Rights Act of 1968 (4f2 U.S.C. 3601 et. seq.), generally known as the Fair Housing Act, and with HUD regulations found at 24 CFR Part 107, issued in compliance with Federal Executive Order 11063, as amended by Federal Executive Order 12259. 7.6 ECIA shall comply with provisions far training, employment, and contracting in accordance with Section 3 ofthe Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). 7.7 Noncompliance with the Civil Rights L,aws - In the event of ECIA's noncompliance with the nondiscrimination clauses of this contract or with any of the aforesaid rules, regulations, or requests,this contract may be cancelled,terminated, or suspended either wholly or in part. In addition,the State of Iowa may take further action, imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1964, as amended, Chapter 216, Code of Iowa, 2005 as heretofore and hereafter amended, or otherwise provided by law. 7.8 Section 13 of the 1972 Amendment to the Federal Water Pollution Control Act provides that no person in the United States shall of the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Federal Water Pollution Control Act, as amended. Employment discrimination on the basis of sex is prohibited in all such programs or activities. 79 Title IX of the Education Amendments of 1972, as amended, provides that no person in the United States on the basis of sex shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Employment discrimination on the basis of sex is prohibited in all such education programs or activities. Note: an education program or activity is not limited to only those conducted by a formal institution. 40 C.F.R. Part 5 implements Title IX ofthe Education Amendments of 1972. 7.10 The Executive Order 13166(E.O. 1316� entitled; "Improving Access to Services for Persons with Limited English Proficienc�'requires Federal agencies warkto ensure that recipients of Federal financial assistance provide meaningful access to their LEP applicants and beneficiaries. SECTION 8. Termination bv Grantee 8.1 The Grantee may, by thirty(30)days written notice to ECIA,terminate this contract in whole or in part at any time, either far the grantee's convenience or because of the failure of ECIA to fulfill its obligations under the contract. Upon receipt of such notice, ECIA shall: (1) immediately discontinue all services affected(unless the notice directs otherwise), and (2) deliver to the grantee all data, drawings, specifications, as may have been accumulated by the ECIA in performing this contract, whether completed or in process. 8.2 Notwithstanding the above, ECIA shall not be relieved of liability to the grantee for damages sustained by the grantee by virtue of any breach of the contract by ECIA. The grantee may withhold any and all payments to ECIA for the purpose of setoff until such time as the exact amount of damages due the grantee from ECIA is determined. 8.3 If the termination is for convenience of the grantee, ECIA shall be entitled to compensation determined in accordance with Section 3 ofthis contract; and Grantee will be required to pay ECIA the remaining portion of the payment as identified within the contract, in addition to any expenses, loss, or costs, including lost wages, incurred by ECIA, which may be associated with the termination of the contract by Grantee, whether notice is provided as required or not. SECTION 9. Indemnification/Hold Harmless Grantee will at all times indemnify and keep indemnified ECIA, hold and save it harmless from and against any and all liability for damages, loss, costs, charges and expenses, of whatever kind of nature, or arising out of any type of claim or suit(including but not limited to a claim of breach of contract), including counsel and/or attomeys fees and related costs and expenses, which ECIA shall or may at any time sustain or incur by reason or in consequence of having executed said contract for services. Grantee agrees that it will pay over, reimburse and make good to ECIA, its successors and/or assigns, all money which ECIA or its representatives, shall pay, or cause to be paid, or become liable to pay, by reason of the execution ofthis contract for services, or in connection with any litigation, investigation or other matters connected herewith. Such shall be the case whether such suit or claim is rightfully or wrongfully brought or instituted against ECIA, or naming ECIA, and in any case suit shall be brought upon ECIA, ECIA shall be at liberty to employ an attorney of its own selection to appear and defend this suit on its behalf, at the expense of Grantee. SECTION 10. Termination bv ECIA ECIA may terminate this contract by thirty(30) days written notice to the grantee for either ECIA's convenience or because of the grantee failure to comply with the laws, rules, or regulations of the U.S. Department of Commerce in carrying out the EDA Grant Program. The notice shall stipulate the laws, rules, or regulations that have been violated, and date ECIA advised the grantee of said violation. Grantee will be required to pay ECIA the remaining portion of the payment as identified within the contract, in addition to any expenses, loss, or costs, including lost wages, incurred by ECIA, which may be associated with the termination of the contract by Grantee, whether notice is provided as required or not. SECTION 11. Government-Wide Restriction on Lobbvin� CERTIFICATION REGARDING GOVERNMENT-WIDE RESTRICTION ON LOBBYING. ECIA certifies,to the best of its knowledge and belief,that: 11.1 No Federal appropriated funds have been paid or will be paid by or on behalf of ECIA,to any person for influencing or attempting to influence an officer of employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the ea�tension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 11.2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the Contractor shall complete and submit Standard Form LLLr"Disclosure Form to report Federal Lobbying" in accordance with its instruction. 11.3 ECIA shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission ofthis certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SECTION 12. Political Activitv No portion of program funds shall be used for any partisan political activity ar to further the election or defeat of any candidate for public office. Neither the program nar the funds provided therefore, nar the personnel employed in the administration of this Contract or its Funding Agreements, shall be in any way ar to any ea�tent, engaged in the conduct of political activities in contravention of The Hatch Act(5 U.S.C. 15). SECTION 13. Other Requirements In connection with the carrying out of this agreement, ECIA agrees to comply with any and all rules and regulations of the Department of Commerce and Economic Development Administration conceming third party contracts. In connection with the carrying out of this agreement, ECIA and Grantee (or City) acknowledge that there may be third part contracts which apply to said project. Should there be third party contracts which apply to this contract for services ECIA shall be performing, Grantee (or City) agrees to provide ECIA with notice of said third party contracts and copies thereof, within five (5) days of this agreement, or Grantee's (or City's)receipt thereof. Failure to do so shall void any requirement{s)by ECIA to comply with any rules and regulations of third parties pertaining to this project. PASSED AND APPROVED: Grantee: City of Dubuque Date: June 3, 219 Roy D. Buo1,Iayor Atte?. Kevin Firnstahl, City Clerk East Central Intergovernmental Association Date: July 17, 2019 Chairperson or Executive Director Attest Attachment A SCOPE OF SERVICES The East Central Intergovemmental Association(ECIA) shall assist in compliance with requirements set forth by the Economic Development Administration(EDA)for administering the Public Warks Flood Gates project; maintenance of required records and documents; and other required actions not specifically listed, but requested by the local govemment, including, but not limited to the following activities: L General Activities A. Grant Notification 1. Be responsible for knowing and complying with EDA regulations in the writing of the Program Schedule and any other submission to EDA before contract signing. 2. Set up a model far the Program Schedule assuring compliance time and monetary limitations of grant contract. 3. Submit Program Schedule within the time frame set up by EDA. 4. Meet with grantee to review and assure understanding of terms and conditions of the contract with EDA. B. Program Set-Up 1. Meet with engineers to explain and coordinate scheduling of grant activities requiring engineering. 2. Prepare and forward press releases and/or stories concerning the grant. 3. Maintain and promote performance standards in minority participation, services to low/moderate incomes, etc. that will help the grantee secure future grants. 4. Set up filing system for grant records. C. Possible Program Amendment L Identify problem with Grantee. 2. Public Hearing (prepare notice) and (attend) 3. Gather information 4. Write amendment-prepare for grantee approval 5. Conference with EDA 6. Approval and implementation 7. Revise Financial and Compliance Records D. Record Keeping 1. Assist in setting up books for grant funds. 2. Assist in setting up filing system for program information maintenance. 3. Regularly monitor records 4. Assist in executing budget amendments. 5. Assist in preparing drawdown forms, authorizing and making disbursements. 6. Assist in meeting with EDA officials during site visits. 7. Prepare and present program reports to the grantee at least quarterly. 8. Prepare and present quarterly financial and progress reports for EDA. E. Program Close-Out 1. Assist the grantee in selection of an auditor for the program. 2. Assist auditor by providing all available information for financial and compliance audit. 3. Assist in submission of audit to EDA. 4. Provide assistance to grantee in answering audit findings, if any. 5. Assist grantee in providing proof of expenditure of unaudited funds, if any. 6. Assist in preparation of close-out report. IL PROGRAM ADMINISTRATION A. Files 1. ECIA shall review files regularly and shall assist in ensuring appropriate information is contained in each. 2. The files shall be located in the office of the City Clerk and will remain the property ofthe grantee. B. Capital Improvement Activities L Conferences concerning plans and specs. 2. Order wage determination. 3. Grantee final approval of plans and specs. 4. Assist engineer in advertisement for bids. 5. Attend bid letting. 6. Attend bid award. 7. Obtain Contractor Clearance. 8. Compliance review for signing contract documents. 9. Pre-Construction Conference and report to EDA. 10. Start of Construction notice. 11. Construction Site Visitfor Posting. 12. Employee Interviews. 13. Davis-Bacon wage check. 14. Payroll forms check(weekly). 15. Progress Monitoring. 16. Monitor all payments - Contractor and Engineer. 17. Final monitor (Sales tax refunds) (Anti-kickback statements) (Engineer's final certification) 18. Financial Management of specific contracts. Total cost for administration is $32,000 through the life of the EDA Public W arks grant contract.