ECIA_EDA Grant Administration Proposal_Parking RampMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposal for EDA (Parking Ramp) Grant Administration
DATE: June 1, 2010
Dubuque
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2007
Economic Development Director Dave Heiar is recommending approval of a $1,500
contract with East Central Intergovernmental Association for grant administration
services for the $1.5 million U.S. Economic Development Administration parking ramp
grant.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: David J. Heiar, Economic Development Director
DATE: May 25, 2010
SUBJECT: Proposal for EDA (Parking Ramp) Grant Administration
Dubuque
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INTRODUCTION
This memo transmits for City Council review and approval, a proposal from East Central
Intergovernmental Association (ECIA) to assist the City with grant administration for the
parking ramp project. The City has been awarded a $1,500,000 grant from the
Economic Development Administration.
BACKGROUND
The 10 & Central Parking Ramp will be a 7- level, 2 -bay wide cast -in- place, post -
tensioned concrete parking facility partially clad with an architectural precast concrete
fagade and containing 477 parking spaces.
The parking facility will be considered an open structure, in conformance with
International Building Code, and clad with a combination of thin brick -faced architectural
precast concrete and solid color precast panels to emulate a buff limestone facade
containing sufficient openings to provide natural ventilation of all parking areas. Two
stair towers will be clad with an aluminum curtain wall on two sides and each tower will
have one elevator. The towers will be constructed on the northeast and southwest
corners of the facility.
Vehicle entrances and exits will be on Iowa Street on the southwest corner and onto
Central Avenue on the east side of the site.
A portion of the project will also include the expansion of fire headquarters which will
include the construction of a three -bay wide fire station equipment expansion structure
on the west side of the existing adjacent Fire Department Headquarters. Site work
includes demolition of the existing parking lot and construction of new site work and
landscaping.
Although both the parking ramp and fire station are being bid as one project, it will be
necessary to keep a separate accounting of each element. The EDA grant cannot be
used for the fire station expansion. The parking ramp portion of the project is estimated
at $9,882,136 of which $8,382,136 will be funded by General Obligation Bonds and
$1,500,000 by the EDA grant.
DISCUSSION
The EDA grant requires that the City comply with a number of federal laws and quarterly
reporting. ECIA staff is more familiar with these laws than City staff. We also are not
able to dedicate staff time to the administration of these grants that the complexity of
these regulations demands. We are concerned that the City staff may inadvertently
jeopardize the City's receipt of the $1,500,000 grant fund by failing to comply with the
multitude of steps required by the federal EDA program.
Consequently, City staff requested a cost estimate from ECIA for their assistance with
the administration of this grant.
ECIA has submitted a proposal for $1,500 to assist the City with the administration of
the grant. The Scope of Work to be performed by ECIA would include those activities
outlined in the EDA grant program. The enclosed proposal indicates that ECIA staff is
familiar with the federal grant program, and that to date ECIA has administered many
federally funded programs for their five - county region without an audit finding.
City staff believes that the $1,500 cost is very reasonable. Funding for the proposal can
be covered by the EDA grant.
RECOMMENDATION
Entering into this contract with ECIA for their assistance with the administration of the
EDA grant benefits the City for the following reasons:
• ensuring compliance with federal requirements,
• protecting the City's receipt of the $1,500,000 grant
I recommend that the City Council approve the proposal for $1,500 for ECIA to
administer the parking ramp EDA grant, and authorize the City Manager to sign the
enclosed proposal on behalf of the City.
Enclosures
cc: Tim Horsfield, Parking System Supervisor
F: \USERS\Econ Dev \IBM\EDA Parking Ramp Application\20100525 Memo to Council EDA Grant Administration.doc
RESOLUTION NO. 168 -10
RESOLUTION APPROVING, THE CONTRACT FOR ADMINISTRATION OF AN
ECONOMIC DEVELOPMENT ADMINISTRATION GRANT TO EAST CENTRAL
INTERGOVERNMENTAL ASSOCATION
WHEREAS, the City of Dubuque, Iowa is a party to the Agreement creating the
East Central Intergovernmental Association (hereinafter called the ECIA) and is a
member in good standing; and
WHEREAS, the City of Dubuque, Iowa wishes to engage the ECIA to provide
certain technical and professional services for grant administration of the City of
Dubuque's Economic Development Administration Public Works Grant; and
WHEREAS, Articles II, III (12), and VII (2) and (3) of the Articles of Agreement of
the East Central Intergovernmental Association gives the ECIA the authority to perform
services under consideration;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The East Central Intergovernmental Association is hereby authorized
to provide staff assistance as prescribed in the attached Contract for
Services and Scope of Services in an amount not to exceed $1,500
for fiscal years FY2010 through FY2012 ending June 30, 2012.
Section 2. The Mayor is hereby allowed to sign the award on behalf of the City.
Passed, approved and adopted this 7 day of June, 2010.
Attest:
eanne F. Schneider, City Clerk
F: \USERS \Econ Dev \IBM\EDA Parking Ramp Application \20100525 Resolution ECIA Contract Services Grant Admin.doc
Roy D. Buol, Mayor
CONTRACT FOR SERVICES WITH
EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION
THIS CONTRACT, entered into by and between the East Central Intergovernmental Association
(hereinafter called ECIA) and under a passed and approved RESOLUTION OF DUBUQUE,
IOWA, (herein after called Grantee), authorizing ECIA's assistance in carrying out this Contract
and attached Scope of Services, and approved by ECIA on May 19, 2010.
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
for Economic Development Administration Public Works Grant (downtown parking ramp)
as set out in the Scope of Services attached.
SECTION 2. Time of Performance
The services of ECIA shall commence on , 20 (date of EDA grant award)
and shall be completed upon receipt of the Certificate of Completion from the Economic
Development Administration.
SECTION 3. Method of Payment
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 Al22. Total payment shall not exceed $1,500 for
fiscal year FY2010 through FY2012 ending June 30, 2012.
SECTION 4. Personnel
The ECIA represents that it has, or will acquire, all personnel necessary to perform the services
under this Contract.
SECTION 5. Property
ECIA shall be free to acquire or use existing property, real or personal, as it deems necessary in
the performance of work under this agreement.
SECTION 6. Access to Records
ECIA, the Grantee, the U.S. Department of Commerce, 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, for 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 or 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 of the 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 VII
of the U.S. Civil Rights Act of 1964, as amended, 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 (U.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 furnish 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 Iowa to investigate
compliance with these rules and regulations.
7.3.A Federal Executive Orders 11246 and 11375 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 contract will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national
origin. The contract 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 placed by or on behalf of the contract, 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
workers 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 for the Secretary of Labor.
(5)
(6) 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
such rule, regulations, or order of the Secretary of Labor, or as
otherwise provided by law.
(7)
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.
The contractor will include the provisions of Paragraphs (1) through
(7) 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 directions 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.). 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 handicapped individual as provided in Section 504 of the 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 (42 U.S. C. 3601 et.seq.), generally known as the Fair Housing Act, and with
HUD regulations found at 24 CRF Part 107, issued in compliance with Federal Executive
Order 11063, as amended by Federal Executive Order 12259.
7.6 Noncompliance with Civil Rights Laws — 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 601A, Code of Iowa, 1981 as heretofore and hereafter
amended, or otherwise provided by law.
SECTION 8. Termination by 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 for 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.
SECTION 9. Termination by ECIA
ECIA may terminate this contract by thirty (30) days written notice to the grantee for grantee
failure to comply with the laws, rules, or regulations of the U.S. Department of Commerce. The
notice shall stipulate the laws, rules, or regulations that have been violated, and date ECIA
advised the grantee of said violation.
SECTION 10. Government -Wide Restriction on Lobbying
CERTIFICATION REGARDING GOVERNMENT -WIDE RESTRICTION ON LOBBYING.
ECIA certifies, to the best of its knowledge and belief, that:
10.1 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 or
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 extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan or cooperative agreement.
10.2 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 LLL- "Disclosure Form to report
Federal Lobbying" in accordance with its instruction.
10.3 ECIA shall require that the language of this certification be included in the award
documents for all sub - awards at all tiers (including subcontracts, sub - grants, and
contracts under grants, loans, and cooperative agreements) and that all sub - recipients
shall certify 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 of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
SECTION 11. Political Activity
No portion of program funds shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office. Neither the program nor the funds provided
therefore, nor the personnel employed in the administration of this Contract or its Funding
Agreements, shall be in any way or to any extent, engaged in the conduct of political activities in
contravention of The Hatch Act (5 U.S.C. 15).
SECTION 12. Other Requirements
In connection with the carrying out of this agreement, ECIA agrees to comply with any and all
rules and regulations of the U.S. Department of Commerce concerning third party contracts.
PASSED AND APPROVED:
City of Dubuque
Date: , 2010
Attest: Jeannie Schneider, City Clerk
Roy Buol, Mayor
SCOPE OF SERVICES
Attachment A
The East Central Intergovernmental Association (ECIA) shall assist in compliance with
requirements set forth by the Iowa Department of Economic Development; maintenance of
required records and documents; and other required actions not specifically listed, but requested
by the local governments, including, but not limited to the following activities:
CONSTRUCTION ACTIVITIES:
1. Provide information to EDA concerning the project's progress.
2. Provide information to facilitate bidding and award of the project.
a. Order wage determination.
b. Public Hearing and final approval of plans and specs.
c. Advertise for bids — approval.
d. Bid letting.
e. Bid award.
f. Contractor Clearance.
g. Monitor contract documents for required language.
h. Attend pre - construction conference.
i. Obtain "Start of Construction" notice.
3. Monitor and facilitate activities to comply with Department of Labor regulations
including the following:
a. Posting appropriate documents at construction site.
b. Employee Interviews.
c. Davis -Bacon wage check.
FINANCIAL ADMINISTRATION
1. Secure copies of all bills.
2. Monitor all payments — Contractor and Engineer.
3. Assist in preparing drawdown forms, authorizing and making disbursements.
4. Prepare quarterly progress reports.
5. Maintain financial records to monitor project payments.
6. Monitor of Sales tax refunds.
7. Process budget amendments and extensions as necessary.
8. Assist in meeting with DED officials during site visits.
PROJECT CLOSE OUT
1. Notify EDA that project is complete and "Close -Out" has begun.
2. Comply with EDA regulations related to "Close- Out ".
3. Provide copy of audit to EDA.
4. Provide assistance to grantee in answering audit findings relating to the project, if
any.
East Central Intergovernmental Association
Date: , 2010
Chairperson or Executive Director
Attest