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28E Agreement with Dubuque County / Soil and Water Conservation District Copyrighted September 8, 2020 City of Dubuque Action Items # 5. City Council Meeting ITEM TITLE: 28E Agreementwith Dubuque County SUM MARY: City Manager recommending adoption of a resolution authorizing the executive of a 28E Agreement with Dubuque County and the Dubuque Soil and Water Conservation District for the purpose of collaborating on stormwater management efforts, the City's NPDES MS4 permit requirements, and the City's nutrient reduction strategy at the Water and Resource Recovery Center. RESOLUTION Authorizing the execution of a 28E Agreement with Dubuque County and the Dubuque Soil and Water conservation District to collaborate on stormwater flooding and water quality issues throughout Dubuque County SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Dubuque County Watershed Partnership 28E-MVM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions 28E Agreement Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Dubuque County Watershed Partnership - 28E Agreement DATE: September 2, 2020 City Engineer Gus Psihoyos is recommending adoption of a resolution authorizing the execution of a 28E Agreement with Dubuque County and the Dubuque Soil and Water Conservation District for the purpose of collaborating on stormwater management efforts, the City's NPDES MS4 permit requirements, and the City's nutrient reduction strategy at the Water and Resource Recovery Center. The proposed 28E agreement, which would replace an existing 28E agreement, is related to multiple City undertakings: expansion of stormwater management from the City boundaries to the watershed boundaries, compliance with the City's National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit compliance program, and the City's NPDES permit requirements associated with the Water & Resource Recovery Center (W&RRC) that treats and discharges wastewater to the Mississippi. Since 2011, through the existing 28E agreement, the City has partnered with Dubuque County (County) and the Dubuque Soil and Water Conservation District (District), working to reduce flooding and improving water quality within the Catfish Creek Watershed. In many ways, the current 28E agreement has served as a model for other similar efforts across lowa. The annual monetary contributions from the City and the County outlined in the 28E agreement has funded a full-time Urban Conservationist position within the District. Since 2011, that position has been held by Eric Schmechel. The partnership, and the work of Mr. Schmechel, has secured $1.9 million in state and federal funding to: 1. Establish the Catfish Creek Watershed Management Authority Board; 2. Develop a watershed plan for the Catfish Creek Watershed; 3. Identify the most cost-effective nutrient reduction best management practices on each farm throughout Dubuque County; and 4. Implement flood and nutrient reduction efforts on public and private property throughout the Catfish Creek Watershed. The proposed 28E agreement would provide for three District positions: A Watershed Coordinator position focused on agricultural issues, a Watershed Coordinator position focused on urban stormwater issues, and a Watershed Program Director position that would be involved with both and oversee and direct the watershed coordinator positions. The concept of expanding the scope of the current 28E agreement with Dubuque County (County) and the Dubuque Soil and Water Conservation District (District) was discussed at the February 10, 2020 City Council work session on the then proposed MOU with the IDNR related to the City's nutrient reduction efforts. The Watershed Coordinator (Agricultural) will work throughout the county with farmers and property owners to facilitate the implementation of flooding and nutrient reduction BMPs. Working for the District they will be plugged into the state and federal programs that provide funding to make the practices cost-effective for the property owner. Per the MOU with the IDNR, the City will be able to count the nutrient reduction achieved by these various practices towards reaching its nutrient reduction goals. And in addition to nutrient reduction, watershed improvements in the county can also provide flood control, erosion control, carbon storage, water storage, water filtration, food, increased biodiversity, soil formation, and recreation that would benefit City of Dubuque residents. In addition to the work throughout the county, the current 28E agreement provided for the collaboration on educational outreach and public involvement activities that helped fulfill some of the City's NPDES MS4 permit requirements. The majority of the day-to-day tasks associated with the City's NPDES MS4 permit compliance program were previously performed by an Engineering Technician within the Engineering Department who left his employment with the City in late 2019. At that time, in conjunction with FY2021 budget considerations, the City began conversations about expanding the District's role in terms of the City's NPDES MS4 permit compliance program. With the adoption of the FY21 budget, the City Council approved an improvement package that provided additional funding for the 28E agreement such that the District would assume some of the duties previously provided by the Engineering Technician position. The District has been providing some of these same services to the County under the current 28E agreement. Under the proposed 28E agreement, the Watershed Coordinator (Urban) position will expand services to include: • Illicit discharge detection and elimination efforts; • Construction site stormwater runoff control inspections; • Post-construction stormwater management control inspections; and • Good housekeeping and pollution prevention inspections. The County is also interested in expanding their role on county-wide stormwater issues. Per the proposed 28E agreement, they too will be contributing more funding to help fund the three positions mentioned above within the District. They would also like to form a working group advisory committee to provide feedback to Dubuque County on conservation, water quality, and flood protection initiatives referenced in the proposed 28E agreement. They would like the advisory committee to include two appointed by the County, two appointed by the City, and five appointed by the District. 2 The Dubuque County Board of Supervisors has discussed the proposed 28E agreement at multiple meetings and work sessions. At their August 31, 2020 work session, they discussed their support for the terms of the proposed, attached 28E agreement. They are on schedule to execute the agreement at their September 14, 2020 meeting. The District has also expressed their support for the proposed, attached 28E agreement. They are scheduled to execute the agreement during their meeting on the afternoon of September 8, 2020. Funding for FY2021 will come from the FY21 stormwater utility fund appropriation in the amount of$97,957.00 [62055620 62761]. The amount for FY21 reflects a reduced amount in light of the budget constraints brought about by the COVID-19 pandemic. Per the proposed 28E Agreement, the City and County will pay the District as follows: Fiscal City of Dubuque Dubuque County Year FY 2021 $57,000* $225,000 FY 2022 $116,850 $231,750 FY 2023 $119,771.25 $238,702.50 FY 2024 $122,765.53 $245,863.56 FY 2025 $125,834.67 $253,239.51 FY 2026 $128,980.54 $260,836.70 FY 2027 $132,205.05 $268,661.81 I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer 3 Dubuque THE CITY QF � AIF America City DuB E ��,`�,�� � I ���� � � Maste 1eC2 OYi t�12 MiSS1SS1 1 zoo�tzoiztzoi3 � pp zoi�*zoia TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Dubuque County Watershed Partnership — 28E Agreement DATE: August 31, 2020 INTRODUCTION The purpose of this memo is to seek authorization to enter into a 28E Agreement with Dubuque County (County) and the Dubuque Soil and Water Conservation District (District) to continue joint efforts in the Catfish Creek Watershed and expanding them throughout Dubuque County. BACKGROUND In August of 2010, the Environmental Stewardship Advisory Commission (since replaced by the Resilient Community Advisory Commission) asked the City Council to support the development of a watershed management plan for the Catfish Creek watershed with the goal of improving the water quality in the Mississippi River by improving the contributing streams and watershed in the area. In June of 2011, the City Council adopted Resolution 192-11 authorizing the execution of a 28E Agreement with Dubuque County and the Dubuque County Soil and Water Conservation District for the purpose of creating an urban conservationist position to perForm urban conservation and watershed related activities pertinent to Dubuque County, the City of Dubuque, and the Dubuque Soil & Water Conservation District relating to the creation of a watershed management plan for the Catfish Creek Watershed basin. In May of 2012, the City Council adopted Resolution 124-12 authorizing the execution of a second 28E Agreement. This one with the County, the District, and the cities of Asbury, Peosta, and Centralia for the establishment of a Catfish Creek Watershed Management Authority (CCWMA). The CCWMA facilitates collaboration on reducing flood risks, improving water quality, providing information to help empower residents, and oversee the implementation of improvements should monies be made available to the CCWMA. The City received a $24,500 watershed planning grant from the lowa Economic Development Authority (IEDA) to help create the CCWMA. And in 2013, the City of Dubuque received $187,330 from IEDA for the CCWMA to develop a Catfish Creek Watershed Management Plan. In December of 2014, the City Council adopted Resolution 377-14 extending the term of the 28E Agreement with Dubuque County and the Dubuque County Soil and Water Conservation District through FY21. In December of 2014, the City's application for $1.4 million in funding for the Catfish Creek Watershed improvements through the State Revolving Fund (SRF) loan sponsorship program was approved. In order to construct the Upper Bee Branch Creek Restoration Project, the City secured an SRF loan in the amount of$29,541,000 at an interest rate of 1.75%. Through the sponsorship program, the loan amount was increased by $1.4 million to $30,941,000 and the interest rate was reduced to 1.18% such that ultimately the total payments (principal plus interest) necessary to retire the debt will be the same as the total for the original loan for just the original Upper Bee Branch Creek Restoration Project. In effect, the City gets the Upper Bee Branch Creek Restoration Project improvements and the Catfish Creek Watershed improvements at no additional cost to the City. The Catfish Creek Watershed improvements involve the restoration of stream bank and floodplain areas, wetland creation, permeable paver parking lots at EB Lyons and the Swiss Valley Nature Center, and cost share programs for soil quality restoration for residents, and a cost share program focusing on streambank and riparian buffer strips for agricultural land owners. In February of 2018, the City Council adopted Resolution 24-18 authorizing an application to the U.S. Department of Agriculture National Resources Conservation Service (USDA) for an lowa Partners for Conservation (IPC) grant. They further established the City Manager as an authorized representative on the IPC grant agreement, authorized to execute any documents required to secure and manage the grant. In February of 2018, the USDA notified the City that its application was approved. Finally, in January of 2019, the grant agreement was fully executed. The IPC grant allocated $326,712.00 in USDA funding to the City to be used for primarily for: 1. Hiring a consulting firm to identify and help prioritize the most cost-effective agricultural nutrient reduction best management practices (BMPs) on individual properties throughout Dubuque County; 2. Hiring a rural Watershed Coordinator to work with farmers and property owners in order to implement practices that would reduce runoff and nutrients such as phosphorus and nitrogen; and 3. Providing information to farmers and property owners so they can make informed decisions regarding the costs and benefits of implementing BMPs on their property. The National Pollution Discharge Elimination System (NPDES) permit for the Water & Resource Recovery (W&RRC) requires an evaluation of the feasibility and reasonableness of reducing the amounts of nitrogen and phosphorus discharged from the W&RRC into the Mississippi. An initial evaluation was completed that looked at improvements at the W&RRC that would achieve the desired nutrient reduction. Due to treatment limitations and associated costs, the lowa Department of Natural Resources (IDNR), the NPDES permitting agency for the State of lowa, did not require the City to move forward with any improvements. Instead, the City is required to do a re-evaluation to be submitted to the IDNR by January 1, 2022. The reasoning is that over time, 2 advancements in treatment technology will make nutrient reduction goals more reasonable. In addition to improvements at the W&RRC, the IDNR has indicated that nutrient reduction efforts throughout Dubuque County can be included in the City's nutrient reduction strategy, potentially reducing the need for improvements at the W&RRC. This was formally outlined in the Memorandum of Understanding (MOU) with the IDNR that was executed in April of 2020. DISCUSSION The proposed 28E agreement, which would replace an existing 28E agreement, is related to multiple City undertakings: expansion of stormwater management from the City boundaries to the watershed boundaries, compliance with the City's National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit compliance program, and the City's NPDES permit requirements associated with the Water & Resource Recovery Center (W&RRC) that treats and discharges wastewater to the Mississippi. Since 2011, through the existing 28E agreement, the City has partnered with Dubuque County (County) and the Dubuque Soil and Water Conservation District (District), working to reduce flooding and improving water quality within the Catfish Creek Watershed. In many ways, the current 28E agreement has served as a model for other similar efforts across lowa. The annual monetary contributions from the City and the County outlined in the 28E agreement has funded a full-time Urban Conservationist position within the District. Since 2011, that position has been held by Eric Schmechel. The partnership, and the work of Mr. Schmechel, has secured $1.9 million in state and federal funding to: 1. Establish the Catfish Creek Watershed Management Authority Board; 2. Develop a watershed plan for the Catfish Creek Watershed; 3. Identify the most cost-effective nutrient reduction best management practices on each farm throughout Dubuque County; and 4. Implement flood and nutrient reduction efforts on public and private property throughout the Catfish Creek Watershed. The proposed 28E agreement would provide for three District positions: A Watershed Coordinator position focused on agricultural issues, a Watershed Coordinator position focused on urban stormwater issues, and a Watershed Program Director position that would be involved with both and oversee and direct the watershed coordinator positions. The concept of expanding the scope of the current 28E agreement with Dubuque County (County) and the Dubuque Soil and Water Conservation District (District) was discussed at the February 10, 2020 City Council work session on the then proposed MOU with the IDNR related to the City's nutrient reduction efforts. The Watershed Coordinator (Agricultural) will work throughout the county with farmers and property owners to facilitate the implementation of flooding and nutrient reduction BMPs. Working for the District they will be plugged into the state and federal programs that provide funding to make the practices cost-effective for the property owner. Per the 3 MOU with the IDNR, the City will be able to count the nutrient reduction achieved by these various practices towards reaching its nutrient reduction goals. And in addition to nutrient reduction, watershed improvements in the county can also provide flood control, erosion control, carbon storage, water storage, water filtration, food, increased biodiversity, soil formation, and recreation that would benefit City of Dubuque residents. In addition to the work throughout the county, the current 28E agreement provided for the collaboration on educational outreach and public involvement activities that helped fulfill some of the City's NPDES MS4 permit requirements. The majority of the day-to-day tasks associated with the City's NPDES MS4 permit compliance program were previously perFormed by an Engineering Technician within the Engineering Department who left his employment with the City in late 2019. At that time, in conjunction with FY2021 budget considerations, the City began conversations about expanding the District's role in terms of the City's NPDES MS4 permit compliance program. With the adoption of the FY21 budget, the City Council approved an improvement package that provided additional funding for the 28E agreement such that the District would assume some of the duties previously provided by the Engineering Technician position. The District has been providing some of these same services to the County under the current 28E agreement. Under the proposed 28E agreement, the Watershed Coordinator (Urban) position will expand services to include: • Illicit discharge detection and elimination efforts; • Construction site stormwater runoff control inspections; • Post-construction stormwater management control inspections; and • Good housekeeping and pollution prevention inspections. The County is also interested in expanding their role on county-wide stormwater issues. Per the proposed 28E agreement, they too will be contributing more funding to help fund the three positions mentioned above within the District. They would also like to form a working group advisory committee to provide feedback to Dubuque County on conservation, water quality, and flood protection initiatives referenced in the proposed 28E agreement. They would like the advisory committee to include two appointed by the County, two appointed by the City, and five appointed by the District. The Dubuque County Board of Supervisors has discussed the proposed 28E agreement at multiple meetings and work sessions. At their August 31, 2020 work session they discussed their support for the terms of the proposed, attached 28E agreement. They are on schedule to execute the agreement at their September 14, 2020 meeting. The District has also expressed their support for the proposed, attached 28E agreement. They are scheduled to execute the agreement during their meeting on the afternoon of September 8, 2020. BUDGET IMPACT Funding for FY2021 will come from the FY21 stormwater utility fund appropriation in the amount of$97,957.00 [62055620 62761]. The amount for FY21 reflects a reduced amount in light of the budget constraints brought about by the COVID-19 pandemic. 4 Per the proposed 28E Agreement, the City and County will pay the District as follows: Fiscal Year City of Dubuque Dubuque County FY 2021 $57,000* $225,000 FY 2022 $116,850 $231,750 FY 2023 $119,771.25 $238,702.50 FY 2024 $122,765.53 $245,863.56 FY 2025 $125,834.67 $253,239.51 FY 2026 $128,980.54 $260,836.70 FY 2027 $132,205.05 $268,661.81 *The City's first payment delayed until December 31, 2020. Subsequent payments made at the beginning of the fiscal year. ACTION REQUESTED I respectfully request adoption of the attached resolution authorizing the execution of the attached 28E agreement with Dubuque County and the Dubuque Soil and Water Conservation District for the purpose of collaborating on stormwater management efforts, the City's NPDES MS4 permit requirements, and the City's nutrient reduction strategy at the Water and Resource Recovery Center. Prepared by Deron Muehring Cc: Crenna Brumwell, City Attorney Jenny Larson, Director of Finance & Budget Willie O'Brien, Water & Resource Recovery Center Manager Deron Muehring, Civil Engineer II 5 Prepared by Gus Psihoyos, City Engineer, City Hall, 50 W. 13th St., Dubuque, IA 52001, 563-589-4276 Return to Kevin S. Firnstahl, City Clerk, City Hall, 50 W. 13th St., Dubuque, IA 52001 (563) 589-4100 RESOLUTION NO. 283-20 AUTHORIZING THE EXECUTION OF A 28E AGREEMENT WITH DUBUQUE COUNTY AND THE DUBUQUE SOIL AND WATER CONSERVATION DISTRICT TO COLLABORATE ON STORMWATER FLOODING AND WATER QUALITY ISSUES THROUGHOUT DUBUQUE COUNTY WHEREAS, the City recognizes that a coordinated and collaborative approach to funding, administering, and implementing conservation, water quality, and flood protection improvements in a watershed is a best practice; and WHEREAS, the City has an interest in continuing its collaborations on conservation, water quality, and flood protection improvements with Dubuque County and the Dubuque Soil and Water Conservation District; WHEREAS, Dubuque County is creating a working group advisory committee to provide input and feedback to Dubuque County on conservation, water quality, and flood protection initiatives; and WHEREAS, it is the best interest of the City of Dubuque to enter into the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Mayor is hereby authorized to sign the 28E Agreement in the form attached hereto. Section n The /'+:L.. will ._1 a...._ ..,�_ L_ J.L.. r1..L... /'+_..._t.. Se . uuu 2. I El City Will appoint LWU people to serve on the Dubuque County lyy conservation, water quality, and flood protection initiative advisory committee. Section 3. The City Clerk is hereby authorized to file this 28E Agreement with the Iowa Secretary of State. Passed, approved and adopted this 8th day of September 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMCtity Clerk APPENDIX A DISTRICT RESPONSIBILITIES The DISTRICT, through its watershed program director and other employees, will maintain the following responsibilities in connection with the COUNTY: 1. Coordinate and facilitate local, state, and federal grants that are relevant to watershed goals, reporting potential grant opportunities to Parties. 2. Assist Parties with identifying opportunities for funding and in -kind support for the undertaking of water quality and water improvement projects within the watershed. 3. Provide technical support and assistance to Parties and Watershed Management Authorities for locally -led watershed projects, urban conservation, and applicable best management practice initiatives. 4. Communicate and coordinate with agricultural landowners that are engaged and willing to pursue water quality or quantity projects on their property. 5. Manage, coordinate, and provide reporting to Parties on COUNTY -funded water quality or quantity projects. 6. Develop and deliver presentations, organize educational and outreach programming, facilitate meetings, attend and present at conferences, host field days and workshops, and promote rural and urban interest in watershed management. 7. Manage information and data collection for selected local, regional, and state planning activities that relate to watershed management, water quality improvement, flood mitigation, and flood reduction. 8. Assist Parties in providing field training to authorized local personnel on proper assessment and monitoring procedures. 9. Review and provide recommendations for erosion control and stormwater ordinances. 1 rl Provide when requested with the COUNTY zoning, health, and/or � v. Provide v v �uv updates when � i �.M �a �..�wu with the vvve v � � wuand/or ve engineering department heads related to watershed and/or land use activities. 11. Manage COUNTY Erosion and Sediment Control and Stormwater Ordinance. 12. Manage watershed management, and water quality, and flood mitigation projects. 13. Collaborate with university and high schools on initiatives related with surface water monitoring programming. 14. Perform routine, bi-weekly inspections of residential, municipal, and private project sites in Dubuque County as deemed necessary and in accordance with applicable ordinances. 15. Develop and submit violation letters and inspection reports with essential documentation to COUNTY. 16. Conduct site reviews of existing and proposed storm water facilities, including pipes, detention basins, streams, and water quality features. 17. Review Stormwater Pollution Prevention Plans (SWPPP) for National Pollutant Discharge Elimination System (NPDES) project(s) and any project(s) in which a COUNTY major erosion control permit is required and/or a COUNTY stormwater permit is required. 18. Coordinate with Parties and respond to citizens concerning complaints raised related to permitting within the purview of this Agreement. 19. Prepare and present an annual report each year to the Dubuque County Board of Supervisors. 20.Assist the COUNTY engineer with associated culvert, road, or bridge erosion/stormwater inspections. The DISTRICT, through its watershed program director and other employees, will maintain the following responsibilities in connection with the CITY: 1. Serve as the lead coordinator to help ensure the CITY maintains compliance with its NPDES MS4 permit, including assisting with public education and outreach, public involvement and participation, illicit discharge detection and elimination, construction site stormwater runoff control(s), post -construction stormwater management, and good housekeeping and pollution prevention. 2. Under direction of CITY, with latitude for independent judgment and initiative, create and maintain database and reporting systems in compliance with CITY Permit record keeping and annual reporting requirements. 3. Attend meetings as needed regarding matters of MS4. 4. Research and recommend policies/ordinances for MS4 permit compliance and sustainable watershed management, subject to CITY direction, review, and approval. 5. Organize, attend, and/or facilitate an erosion control workshop each year for developers, builders, contractors and consultants on proper construction site erosion and sediment control and a watershed symposium each year for developers, house builders and others on design techniques that include low impact development and other practices that can improve the quality of stormwater. G: Participate in .arid educational/outreach nrnrrr.ams in .annorrl.annn ‘e,ith the v. i ai ul,I1./aic n i ai 1y programs ai i is n i accordance we VVltl i u sc CITY's permit and stormwater/watershed program. 7. Perform water quality testing for various pollutants at outfalls and receiving waters as necessary during or after storm events. 8. Review construction site storm water pollution prevention plans to ensure they comply with the State NPDES General Permit No. 2 for construction activity. 9. Complete construction site inspections in accordance with the CITY's Permit, City ordinances, and requirements established by CITY. 10. Complete inspections of the "post -construction" stormwater control devices and facilities constructed as part of a development or redevelopment once per year. 11. Coordinate a training program for City employees regarding practices to be implemented in city operations to reduce pollutants in storm water per the schedule outlined in the City's Permit. 12.Inspect the CITY facilities once per year to identify and ensure the implementation of practical BMPs designed to reduce pollutants in storm water at all CITY facilities, subject to CITY approval and budgeting. 13. Respond to citizen drainage issues by collecting information and presenting it, along with technical or programmatic recommendations to City Staff and assist with the enforcement of applicable city ordinance violations. 14. Facilitate and assist with CITY's Nutrient Reduction Exchange program, effectively communicating with all organizations involved. 15.Create and submit projects in IDNR Nutrient Exchange Registry accessed through Regulatory In -lieu Fee and Bank Information Tracking System program and the Nutrient Tracking Tool. 16. Interpret and apply provisions of stormwater management regulations and other applicable federal, state and local codes, laws, policies and procedures in consultation with CITY. 17.Assist the CITY with the Catfish Creek Watershed Management Plan. This includes implementing projects throughout the entire Catfish Creek watershed that protect against flooding and improving water quality. 18. Assist with state or federal watershed grant opportunities or awarded projects and coordinate with the CITY. 19. Provide technical assistance for any urban conservation activities, including, in_fie!d assessment, and puhliclprivate projects. 20. Provide technical assistance to CITY in the event CITY is assisting with agricultural related Best Management Practices. 21. Maintain a strong connection with the CITY'S sustainability efforts, building upon needs and necessary improvements. APPENDIX B PERFORMANCE -BASED COST SHARE (P.B.C.) PROGRAM 1. Each Party shall have control and approval over the landowner contract/conservation practices funded by that Party. 2. Each Party shall maintain responsibility for creating its own agreement forms to be used within a performance -based conservation approach or other approved financial assistance program. The DISTRICT shall assist in this process; however, each party shall have their own contracts (agreement forms) with landowners. 3. The DISTRICT's Watershed Project Director shall present all eligible performance -based conservation projects (contracts) bi-monthly at official COUNTY Board of Supervisor meetings or CITY staff department meetings. 4. The DISTRICT shall manage the performance -based approach for both the CITY and the COUNTY. This includes gathering the necessary information pertinent to a performance -based approach as well as certifying projects after completion. 5. The COUNTY or CITY will be responsible for making all payments directly to landowners within ninety (90) days after the project has met DISTRICT certification. A letter will be sent to either the CITY or the COUNTY by the DISTRICT certifying the project after project completion. 6. The DISTRICT will maintain tracking of projects (contracts) using the Nutrient Reduction Tracking Tool (NTT) and enter projects into the national RIBITS database. 7. Eligible projects the COUNTY or the CITY may consider for financial payment include, but are not limited to, the following: a. Pay -for -performance environmental outcome programs. b. Cover crop incentive payments and no -till contracts. c. Riparian zone, wetland buffer extension, and restoration projects. d. Wetland restoration in conjunction with adjoining high -quality water resource or flood prone areas. e. Stream bank stabilization and natural channel design techniques. f. Prairie strips and other approved contour buffer strips. g. Agricultural best management practices such as sediment basins and grade stabilization structures. h. Riparian buffer incentive payments for acquisition, enhancement, expansion, or restoration. Kevin Firnstahl From:Kevin Firnstahl Sent:Thursday, September 10, 2020 11:15 AM To:denise.dolan@dubuquecounty.us Cc:Mary Habel; Deron Muehring; Eric Schmechel Subject:CITY CLERK - 28E Agreement with Dbq. Co. & Dbq. Co. Soil/Water Conservation District Attachments:28E with Dbq Co and Dbq Conservation District.pdf Hi Denise, Attached is a copy of the City’s executed 28E Agreement with Dbq. Co. & Dbq. Co. Soil/Water Conservation District. Engineer Deron Muehring informs me that Erich Schmechel of the Dbq. Co. Soil/Water Conservation District will provide you with their signature page for the Supervisors to also sign off. Once you have the fully executed County signature page, please forward a copy to me for my records. Please contact me if you have any questions. Thank you. Kevin S. Firnstahl, City Clerk th 50 W. 13 Street Dubuque, IA 52001 kfirnsta@cityofdubuque.org 563-589-4100 563-589-4121 Please note: I am currently working between City Hall and home. You may continue to contact me using the above listed information. My hours of work are Monday – Friday, 8:00 a.m. to 5:00 p.m. CST. Are you interested in how the City of Dubuque is responding to COVID-19? Please visit www.cityofdubuque.org/dubuquecovid19response HERE FOR YOU: The City of Dubuque is committed to and prepared for providing all essential services to our residents during the Coronavirus (COVID-19) pandemic. Most City of Dubuque offices and facilities are closed to the public until further notice, but staff are still working. We are continuing to provide services to the public electronically, by phone, by mail, and when/if necessary, by appointment.  For contact information and service delivery changes for all departments, visit www.cityofdubuque.org.  To report a concern or submit an online service request, visit www.cityofdubuque.org/citizensupport.  For the latest local information on COVID-19, visit www.cityofdubuque.org/covid19 or call 563.556.6200. 1 Kevin Firnstahl From:Kevin Firnstahl Sent:Tuesday, September 22, 2020 12:30 PM To:denise.dolan@dubuquecounty.us; Eric Schmechel; Deron Muehring Cc:Mary Habel Subject:CITY CLERK - 28E Agreement with Dbq. Co. & Dbq. Co. Soil/Water Conservation District Attachments:SOS Filing_28 E Agreement Soil and Water Conservation District.pdf; 28E Agreement City-County-Soil Water.pdf For your records, attached is the filing confirmation from the SOS. Thank you. Kevin S. Firnstahl, City Clerk th 50 W. 13 Street Dubuque, IA 52001 kfirnsta@cityofdubuque.org 563-589-4100 563-589-4121 From: Eric Schmechel <schmechel@yousq.net> Sent: Tuesday, September 22, 2020 9:05 AM To: Deron Muehring <Dmuehrin@cityofdubuque.org>; Kevin Firnstahl <Kfirnsta@cityofdubuque.org> Subject: Fwd: CITY CLERK - 28E Agreement with Dbq. Co. & Dbq. Co. Soil/Water Conservation District Below is the final version with all signatures. Thank you Eric Begin forwarded message: From: Dawn Sherman <Dawn.Sherman@dubuquecounty.us> Subject: RE: CITY CLERK - 28E Agreement with Dbq. Co. & Dbq. Co. Soil/Water Conservation District Date: September 21, 2020 at 2:33:03 PM CDT To: Eric Schmechel <schmechel@yousq.net> Here is the combined 28E agreement. Dawn Dawn Sherman HR Administrator Dubuque County 720 Central Avenue Dubuque, IA 52001 T:(563) 589-4462 Dawn.sherman@dubuquecounty.us 1 From: Eric Schmechel <schmechel@yousq.net> Sent: Monday, September 14, 2020 1:49 PM To: Dawn Sherman <Dawn.Sherman@dubuquecounty.us> Cc: Ed Raber <Ed.Raber@dubuquecounty.us> Subject: Fwd: CITY CLERK - 28E Agreement with Dbq. Co. & Dbq. Co. Soil/Water Conservation District Here is the city signature page (if you don’t have it) Chair Baker asked about today. Begin forwarded message: From: Kevin Firnstahl <Kfirnsta@cityofdubuque.org> Subject: CITY CLERK - 28E Agreement with Dbq. Co. & Dbq. Co. Soil/Water Conservation District Date: September 10, 2020 at 11:14:44 AM CDT To: "denise.dolan@dubuquecounty.us" <denise.dolan@dubuquecounty.us> Cc: Mary Habel <mary.habel@dubuquecounty.us>, Deron Muehring <Dmuehrin@cityofdubuque.org>, Eric Schmechel <schmechel@yousq.net> Hi Denise, Attached is a copy of the City’s executed 28E Agreement with Dbq. Co. & Dbq. Co. Soil/Water Conservation District. Engineer Deron Muehring informs me that Erich Schmechel of the Dbq. Co. Soil/Water Conservation District will provide you with their signature page for the Supervisors to also sign off. Once you have the fully executed County signature page, please forward a copy to me for my records. Please contact me if you have any questions. Thank you. Kevin S. Firnstahl, City Clerk th 50 W. 13 Street Dubuque, IA 52001 kfirnsta@cityofdubuque.org 563-589-4100 563-589-4121 Please note: I am currently working between City Hall and home. You may continue to contact me using the above listed information. My hours of work are Monday – Friday, 8:00 a.m. to 5:00 p.m. CST. Are you interested in how the City of Dubuque is responding to COVID-19? Please visit www.cityofdubuque.org/dubuquecovid19response HERE FOR YOU: The City of Dubuque is committed to and prepared for providing all essential services to our residents during the Coronavirus (COVID-19) pandemic. Most City of Dubuque offices and facilities are closed to the public until further notice, but 2 staff are still working. We are continuing to provide services to the public electronically, by phone, by mail, and when/if necessary, by appointment.  For contact information and service delivery changes for all departments, visit www.cityofdubuque.org.  To report a concern or submit an online service request, visit www.cityofdubuque.org/citizensupport.  For the latest local information on COVID-19, visit www.cityofdubuque.org/covid19 or call 563.556.6200. Click here to report this email as spam. 3 Iowa Secretary of State 321 East 12thGuee Don Moinem, LA 50319 aoajowa.gov 28E Agreement �ou n pam�pan/o O'UkmwnService Type oewceTvpo This Agreement provides the terms for which the Parties agree to provide funding to the DISTRICT to perform erosion -control, watershed protection, and flood prevention activities pertinent to the COUNTY, CITY, and DISTRICT. ~u,povo Filing Date: 0V/22/2V2V11:14AM Filing Number: M512867 07/31/2O27 oumuoo Full Legal Name Organization Type County Dubuque County Board nfSupervisors County Dubuque City o/Dubuque City Dubuque Dubuque Soil and Water Conservation Regional orDistrict Dubuque District 28E-Agreementnty'8ol-VVotecpdf u»uoauScanned ^smom=* Contact Person: (Optional) ~ Trish com*mnmwam* Gleason coniamLa'stName Asst. City Clerk Jomme City Clerk's Office uenaxmeot tgleason@cityofdubuque.org smn:��uoms� 503'5884120 px^no