Loading...
Old Mill Rd Property DemolitionMEMORANDUM July 15, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Contract for Administrative Services for Old Mill Road Property Demolition In March of 2003, the City Council approved a Contract for Services with ECIA for administration of the Grant Agreement between the City of Dubuque and the Iowa Emergency Management Division (IEMD). The original contract included administrative services for the acquisition of the three properties and the demolition of the three properties. Due to a change in the funding source, it is necessary to sign a new contract with ECIA for just the administrative services associated with the demolition of the three properties. Assistant City Engineer Gus Psihoyos is recommending City Council approval of the contract for services with East Central Intergovernmental Association (ECIA) for administrative services required for the demolition of the three properties on Old Mill Road. I concur with the recommendation and respectfully request Mayor and City Council Michael C. Van Milligen approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, Assistant City Engineer Mike Koch, Public Works Director ~7 £: CITY OF DUBUQUE, IOWA MEMORANDUM July 15, 2003 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager ~ Gus Psihoyos, Assistant City Engineer Contract for Administrative Services for Old Mill Road Property Demolition INTRODUCTION The purpose of this memorandum is to forward the contract for services with East Central Intergovernmental Association (EClA) for administrative services required for the demolition of the three properties on Old Mill Road. DISCUSSION In Mamh of 2003, the City Council approved Contract for Services with ECIA for administration of the Grant Agreement between the City of Dubuque and the Iowa Emergency Management Division (IEMD). The original contract included administrative services for the acquisition of the three properties and the demolition of the three properties. The contract payment terms were to be based on actual costs not to exceed $9,000. While the demolition budget has not changed and the associated administrative costs have not changed, the funding source has changed. The funding for the demolition was removed from Hazard Mitigation funds, administered by IEMD, and moved into a separate Public Assistance (PA) fund, administered by the Federal Emergency Management Agency (FEMA). FEMA regulations require that the administrative services associated with the demolition, funded with PA monies, be accounted for independently of the administrative services associated with the property acquisitions, funded with Hazard Mitigation funds. As a result, a new contract between ECIA and the City is needed for just the administrative services associated with the demolition of the three properties. Due to this funding change, ECIA will provide administrative services for the demolition under the new contract and not the original. Because the original contract covered actual costs there will be no duplication of fees. The method of payment for the new contract is based on actual costs not to exceed $1,100. RECOMMENDATION I recommend that the City Council approve the attached Contract for Services with ECIA for administrative services associated with the demolition of the three properties on Old Mill Road. Prepared by Deron Muehring, Civil Engineer II cc: Mark Schneider, ECIA Michael A. Koch, Public Works Director Pauline Joyce, Administrative Services Manager Deron Muehring, Civil Engineer II EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION May 12, 2003 City o f Dubuque Attn.: Michael Van Milligen, City Manager 50 West 13~ St. Dubuque, IA 52001 Suite 200 3999 Pennsylvania Avenue Dubuque, IA 52002 Dear Mike: Enclosed you will find an administration contract for services (3 copies) for approval at your next City Council meeting for your action. The contract is related to the demolition of the three houses acquired under the City's Hazard Mitigation grant contract. The houses are to be demolished with Public Assistance (PA) funds rather than Hazard Mitigation funds. Please place the contract on next City Council agenda for approval. Upon approval, return two executed copies to ECIA. Retain one copy for your records. I will remm one or/g/nal executed conu:act to you upon ECIA Board approval. The demolition budget has not changed from the original application. The demolition for the houses was removed from the Hazard Mitigation contract between the Iowa Emergency Management Division and the City and placed in a separate budget with FEMA. The local match remains at 15%. FEMA regulations requ/re that the admin/strative servmes for the acquisition work which is paid with Hazard Mitigation funds be accounted for independent of administrative services related to demolition work paid with PA funds. Thank you for your attention to this matter. Please feet free to contact me if there is any question. Sincerely, Mark Schneider Community Development Director Encl. ~,.' ~ ~ (563] 556-4166 800t 942-4648 (563t 556-0348 eda@ecia.org ~vww.ec[a.org Dubuque Metropolitan Ama Transportation Study Eastern lo~a Regional Housing RuthoriBj Region I Employment and IYaining ECIR Regional Planning Affiliation ECIR Business Gro~, CONTRACT FOR SERVICES WITH THE EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION THIS CONTRACT is entered into by and between the East Central Intergovernmental Association (hereinafter called ECIA) and the City of Dubuque, Iowa, (hereinafter called the Grantee) for the purpose of carrying out the Scope of Services and Terms in any Attachments as described below. SECTION 1. SCOPE OF SERVICES ECIA shall provide and perform the necessary services required for the contracting of asbestos inspection and removal and demolition contractors associated with three houses to be acquired in the Dubuque Hazard Mitigation grant contract. The houses will be acquired under Grant Agreement Number 1420-0002 and Project No. 1420-31-01 between the City of Dubuque and the Iowa Emergency Management Division (hereinafter called IEMD) and demolished utilizing Public Assistance -(PA) funds.- - SECTION 2. TIME OF PERFORMANCE The services of ECIA shall commence on May 1, 2003 and be completed within ten months of the date of this agreement unless the terms are altered through mutual agreement of IEMD, the City of Dubuque and ECIA. 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 performing the services. Total payment shall not exceed $1,100.00. SECTION 4. PERSONNEL 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. TERMINATION BY GRANTEE 6.1 The grantee may, by thirty 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 ECIA in performing this contract, whether completed or in process. 6.2 If the termination is for convenience of the grantee, ECIA shall be entitled to compensation determined in accordance with 3 of this contract. SECTION 7. TERMINATION BY ECIA ECIA may terminate this contract by thirty days written notice to the grantee for grantee failure to comply with the laws, rules, or regulations of the Iowa Emergency Management Division in carrying out the Contract. The notice shall stipulate the laws, rules, or regulations, which have been violated, and the date ECIA advised the grantee of said violation. SECTION 8. COMPLIANCE WITH LAWS AND REGULATIONS ECIA shall comply with all applicable State and federal laws, rules, ordinances, regulations and orders. ECIA shall comply with the provisions of federal, state and local laws, rules and executive orders to insure that no employee or applicant for employment is discriminated against because of race, religion, color, age, sex, national origin, or disability. A breach of this provision shall be considered a material breach of this contract. SECTION 9. ACCESS TO RECORDS ECIA shall permit IEMD or its agents to access and examine, audit, excerpt, and transcribe any directly pertinent books, documents, reports, papers and records of ECIA relating to orders, invoices, or payments or any other documentation or materials pertaining to this Agreement. SECTION 10. RECORDS RETENTION All records of Grantee relating to this Agreement shall be retained for a period of five (5) years following the date of final payment or completion of any required audit, whichever is later. SECTION 11. OTHER REQUIREMENTS In connection with the carrying out of this agreement, ECIA agrees to comply with any and all rules and regulations of the Iowa Emergency Management Division concerning third party contracts. PASSED AND APPROVED: Grantee: City of Dubuque a Date errance M. Duggan, Ma est: Jeanne Schneider, City Clerk East Central Intergovernmental Association Date Chairperso �: Executive Dir tor Attest: CONTRACT FOR SERVICES WITH THE EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION THIS CON'IXACT is entered into by and between the East Central Intergovernmental Association (hereinafter called ECIA) and the City of Dubuque, Iowa, (hereinafter called the Grantee) for the purpose of carrying out the Scope of Services and Terms in any Attaclunents as described below. SECTION 1. SCOPE OF SERVICES ECIA shall provide and perform the necessary services required for the contracting of asbestos inspection and removal and demolition contractors associated with three houses to be acquired in the Dubuque Hazard Mitigation grant contract. The houses will be acquired under Grant Agreement Number 1420-0002 and Project No. 1420-31-01 between the City of Dubuque and the Iowa Emergency Management Division (hereirmf[er called IElv[D) and ....... dOmoliihecI utilizing Public Assistanc~-[PA) funds. SECTION 2. TIME OF PERFORMANCE The services of ECIA shall commence on May 1, 2003 and be completed within ten months of the date of this agreement unless the trams are altered through mutual agreement of IEMD, the City of Dubuque and ECIA. SECTION 3. 1VfETHOD OF PAYIvfENT 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 performing the services. Total payment shall not exceed $1,100.00. SECTION 4. PERSONNEL ECIA represents that it has, or will acquire, all personnel necessary to perform the services under tiffs Contract. SECTION 5. PROPERTY ECIA shall be fzee ro acquire or use existing property, real or personal, as it deems necessary in the performance of work under this agreement. SECTION 6. TERMINATION BY GRANTEE 6.1 The grantee [nay, by thkty days written notice to ECIA, termirmte 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 obhgafions under the contract. Upon receipt of such notice, ECIA shall: 1. Immediately discontinue all serwces affected (unless the notice directs otherwise), and 2. Deliver to the grantee all data, drawings, specifications, as may have been accumulated by ECIA in performing th/s comracr, whether completed or in process. 6.2 If the termination is for convenience of the grantee, ECIA shall be entitled to compcuzsation determined in accordance with 3 of this contracT. SECTION 7. TERtML'qATION BY ECIA ECIA may terminate this comract by thirty days written notice to the grantee for grantee failure to comply with the laws, rules, or regulations of the Iowa Emergency Management Division in carrying out the Contract. The notice shall stipulate the laws, rules, or regulations, which have been violated, and the date ECIA advised the grantee of said violation. SECTION 8. COMPLIANCE WITH LAWS AND REGULATIONS ECIA shall comply with all appl/cable State and federal laws, roles, ordinances, regulations and orders. ECIA shall comply with the provisions of federal, state and local laws, rules and executive orders to insure that no employee or applicant for employment is discfm/nated against because of race, religion, color, age, sex, national orion: or disability. A breach of tkis provision shall be considered a material breach of this contract. SECTION 9. ACCESS TO RECORDS ECIA shall permit IEMD or its agents to access and examine, audit, excerpt, and transcribe any directly pertinent books, documents, repons, papers and records of ECIA relating to orders, invoices, or payments or any other documentation or materials pertaining to this Agreement. SECTION 10. RECORDS RETENTION All records of Grantee relating to th/s Agreement shall be retained for a period of five (5) years following the date of final payment or completion of any required audit, whichever is later. SECTION 11. OTHER REOUIREMENTS In connection with the carrying out of this agreement. ECIA agrees to comply with any and all rules and regulations of the Iowa Emergency Management Division concerning third party conu-acts, PASSED AND APPROVED: Grantee: City of Dubuque East Central Intergovernmental Association Date Date Terrance M. Duggan, Mayor Chairperson or Executive Director Attest: Jeanne Schneider, City Clerk Attest: CONTRACT FOR SERVICES WITH EAST CENTRAL INTERGOVERNMENTAL ASSOCLKTION TH~S CONTRACT is entered into by and between the East Central Intergovernmental Association (hereinafter called ECIA) and the City of Dubuque, Iowa, (hereinafter called the Grantee) for the purpose of carrying out the Scope of Services and Terms in any Attachments as described below. SECTION 1. SCOPE OF SERVICES ECIA shall provide and perform the necessary sermces required for the contracting of asbestos inspection and removal and demolition contractors associated with three houses to be acqu/red in the Dubuque Hazard Mitigation grant contract. The houses will be acquired under Grant Agreement Number 1420-0002 and Project No. 1420-31-01 between the City of Dubuque and the Io~va Emergency Management Division (hereinafter called IEMD) and ........ demolished utilizing Public Assistance(PA) ftmds. ' SECTION 2. TIME OF PERFORMANCE The services of ECIA shall commence on May 1, 2003 and be completed within ten months of the date of this agreement unless the terms are altered through mutual agreement of IEMD, the City of Dubuque and ECIA. · 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 performing the sendces. Total payment shall not exceed $1,100.00. SECTION 4. PERSONNEL ECIA represents that it has, or wiil acquire, alt personnel necessary to perform the servines under this Contract. SECTION 5. PROPERTY ECLk 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. TERMINATION BY GRANTEE 6.1 The grantee may, by tb_irty days written notice to ECIA, terminate this comract 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 othenvise), and 2. Deliver to the grantee all data, drawings, specifications, as may have been accumulated by ECIA in performing th/s contract, whether completed or in process. 6.2 If the termination is for convenience of the grantee, ECIA shall be entitled to compensation determined in accordance with 3 of this contract. SECTION 7. TERMINATION BY BCIA ECIA may terminate this contract by th/a'ty days written notice to the grantee for gramee failure to comply with the laws, rules, or regulations of the Iowa Emergency Management Division in carrying out the Contract. The notice shall stipulate the laws, rules, or regulations, wh/ch have been violated, and the date ECIA advised the gramee of said violation. SECTION 8. COIVfPLI_&XrCE WITH LAWS AND REGULATIONS ECIA shall comply with all applicable State and federal laws, rules, ordinances, regulations and orders. ECIA shall comply with the prowsions of federal, state and local laws, rules and executive orders to insure that no employee or applicant for employment is discriminated agaln~t because of race, religion, color, age, sex, national orig/n, or disability. A breach of ttds provision shall be considered a material breach of this contract~ SECTION 9. ACCESS TO RECORDS ECI. A. shall permit IEMD or its agents to access and ex,m]ne, aud/t, excerpt, and transcribe any directly pertinent books, documents, reports, papers and records of ECIA relating to orders, invoices, or payments or any other documentation or materials pertaining to this Agreemem. SECTION 10. RECORDS RETENTION All records of Grantee relating to this Agreement shall be retained for a period of five (5) years following the date of final payment or completion of any required audit, whichever is later. SECTION 11. OTt~ER REQUIREMENTS In connection with the carrying out of this agreement. ECIA agrees to comply with any and all rides and regulations of the Iowa Emergency Management D/vision concerning third party contracts. PASSED AND APPROVED: Grantee: City of Dubuque East Central lntergovemmentai Association Date Date Terrance M. Duggan, Mayor Chairperson or Executive Db:ector Attest: Jeanne Schneider, City Clerk Attest: CONTRACT FOR SERVICES WITH ~ EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION THIS CONTRACT is entered into by and between the East Central Intergovernmental Association (hereinafter called ECIA) and the City of Dubuque, Iowa, (hereinafter called the Grantee) for the purpose of carrying out the Scope of Services and Terms in any Attachments as described below. SECTION 1. SCOPE OF SERVICES ECIA shall provide and perform the necessary services required for the contracting of asbestos inspection and removal and demolition contractors associated with three houses to be acquired in the Dubuque Hazard Mitigation grant contract. The houses will be acqu/red under Grant Agreement Number 1420-0002 and Project No. 1420-31-01 between the City of Dubuque and the Iowa Emergency Management Division (hereinafter called IEMD) and ...... demolished ufilizin~ Public Assistanc~-(PA) funds. ' SECTION 2. TIME OF PERFOR_.MANCE The services of ECIA shall commence on May 1, 2003 and be completed within ten months of the date of this agreement unless the terms are altered through mutual agreement of IEMD, the City of Dubuque and ECIA. 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 perform/ng the services. Total payment shall not exceed $1,100.00. SECTION 4. PERSONNEL 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 th/s agreement. SECTION 6. TERMINATION BY GRANTEE 6.1 The granme may, by th/try 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. knmediately 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 ECIA in performing this contract, whether completed or in process. 6.2 If the termination is for convenience of the grantee, ECIA shah be entitled compensation determined in accordance with 3 of this contract. SECTION 7. TERMINATION BY ECIA ECIA may terminate this conrrac~ by th/rty days written notice to the grantee for grantee failure to comply with the taws, rules, or regulations of the Iowa Emergency Management Division in can-ying our the Contract. The notice shah supulate the laws, m/es, or regulations, wkich have been violated, and the date ECIA advised the grantee of said violation. SECTION 8. COMPLIANCE WITH LAWS AND REGULATIONS ECIA shall comply with all applicable State and federal laws, rules, ordinances, regulations and orders. ECIA shall comply with the provtsions of federal, state and local laws, rules and executive orders to insure that no employee or appl/cant for employment ~s discriminated against because of race, religion, color, age, sex, national orig/n, or disability. A breach of this provision shall be considered a material breach of this contract. SECTION 9. ACCESS TO RECORDS ECIA shall permit IEMD or its agents to access and examine, audit, excerpt, and transcribe any directly pertinent books, documents, repons, papers and records of ECIA relating to orders, invoices, or payments or any other documentation or materials pertaining to this Agreement. SECTION 10. RECORDS RETENTION All records of Grantee relating to this Agreement shall be retained for a period of five (5) years following the date of final payment or completion of any required audit, whichever is later. SECTION 11. OTHER REOUIREMENTS In connection w/th the carrying out of this agreemenT, ECIA agrees to comply with any and al! rules and regulations of the Iowa Emergency Management Diwsion concem~g third party contracts. PASSED AND APPROVED: Grantee: City of Dubuque East Central Intergovernmental Association Date Date Terrance M. Duggan, Mayor Chairperson or Executive Director Attest: Jeanne Schneider, City Clerk Attest: MEMORANDUM March 11,2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Contract for Administrative Services for Old Mill Road Property Pumhase Grant Administrative Services Manager Pauline Joyce is recommending City Council approval of the Administrative Plan and Contract for Services with East Central Intergovemmental Association for administration of the Grant Agreement between the City of Dubuque and the Iowa Emergency Management Division. The administrative services are required to acquire three properties on Old Mill Road, including relocation assistance to property owners and demolition of the structures. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager jauline Joyce, Administrative Services Manager MEMORANDUM March 11, 2003 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Pauline Joyce, Administrative Services Manager Contract for Administrative Services for Old Mill Road Property Purchase Grant The purpose of this memorandum is to forward two documents for City Council approval relative to the Old Mill Road property acquisitions. These include an Administrative Plan and a contract for services with East Central ntergovernmental Association for administrative services required to acquire three properties, including relocation aSsistance to property owners and demolition of structures as described in the grant agreement with th Iowa Emergency Management Division.. City Council has previously approved acquisition of three properties on Old Mill Road and the Grant application for FEMA assistance on the acquisitions. FEMA has given approval for the property acquisition and has forwarded the related contracts for signature by the Mayor. Part of the requirements for entering ~nto this contract is for City Council to adopt an Administrative Plan for the acquisition. This plan has been developed by ECIA staff, using the same guidelines used in pdor flooding related property acquisitions (e.g., the Pennsylvania property). The second document provides for grant administrative services from East Central intergovernmental Agency. The proposed contract with EClA covers reimbursement for actual costs, not to exceed $9;000. The requested action step is for City Council to adopt the Administrative Plan and approve the Contract for Services with ECIA for administration of the Grant Agreement No 1420-002, Project No. 1420-31-01 between the City of Dubuque and the Iowa Emergency Management Division. March 11, 2003 City of Dubuque Atm.: Pauline Ioyce 50 West 13th St. Dubuque. IA 52001 RE: Hazard Mitigation ?rogram Dear Pauline: As we discussed, the Iowa Emergency Management Division received FEMA a[,t~rovai to proceed with the City's acquisition and demolition of three properties on Old Mill Road. We prepared au Administrative Plan that details the specifics of how the grant will be administ~rect In addition we prepared an Administration Contract between the City of Dubuque and ECIA for grant administration services. We request that these iterm be placed on the March 17 City Council agenda for approval. Thank you for your cooperation with this matter. Please feel free to contact me if there is any question. Sincerely, Mark Schneider Encl. CONTRACT FOR SERVICES BrlTI-I THE BAST CENTRAL INTERGOVERNMENTAL ASSOCIATION THIS CONTRACT is entered into ~oy and between the East Central Intergovernmental Association (hereinafter called ECIA) and the City of Dubuque, Iowa, (hereinafter called the Grantee) for the purpose of carrying out the Scope of Services, and Terms in any Attachments as described below. SECTION 1. SCOPE OF SERVICES BCIA shall pro'fide and perform the necessary administrative services required to acquire three properties including relocation assistance to property owners and demolish structures as described in Grant Agreement No. 1420-0002, Project No. 1420-31-01 between the City of Dubuque and the Iowa Emergency Management Division (hereinafter called IEMD). SECTION 2. TIME OF PERFORMANCE The services of ECIA shall commence on March 1, 2003 and be completed within eighteen months of the date of this agreement unless the terms are altered through mutual agreement ofl~MD, ECl& and the City of Dubuque. 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 performing the services. Total payment shall not exceed $9,000.00. SECTION 4. PERSONNEL ECIA represents that it has, or will acquire, all personnel necessary to perform the services under this Contract. SECTION 5. PROPERTY ECIA shall be f~ee to acqmre or use existing property, real or personal, as it deems necessary in the performance of work under this agr~ment SECTION 6. TERM]NATION BY GRANTEE 6.1 The grantee may, by thirty days written notice m ECIA, terminate this contract in whole or in part at any time, either for the grantee's convenience or because of the fiflure 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 c[~rects otherwise), and 2. Deliver to the grantee all data, drawings, specifications, as may have been accumulated by ECIA in performing this contract, whether completed or in ~ocess. 6.2 If the teanfination is for convenience of the grantee, ECIA shall be entitled .to compensation determined in accordance w/th 3 of this contract. SECTION 7. TERMINATION BY ECL& ECL& may terminate this contract by thirty days written notice to the grantee for grantee failure to comply with the laws, rules, or regulations of the Iowa Emergency Management Division in carrying out the Contract. The notice shall stipulate the laws, roles, or regulations, which have been violated, and the date ECIA advised the grantee of said violation. SECTION 8. COMPLIANCE WITH LAWS AND REGULATIONS ECL& shall comply with all applicabIe State and federal laws, rules, ordinances, regulations and orders. ECIA shall comply with the provisions of federal, state and local laws, rules and executive orders to insure that no employee or applicant for employment is discriminated against because of race, religion, color, age, sex, national orign~ or disability. A breach of this provision shall be consider~ a material breach ofth/s contract. SECTION 9. ACCESS TO RECORDS ECL& shall permit IEMD or its agents to access and examine, audit, excerpt, and transcribe any directly pertinent books, documents, repons, papers and records of ECL& relating to orders, invoaces, or payments or any other documentation or materials pertaining to this Agreement. SECTION 10. RECORDS RETENTION All records of Grantee relating to this Agreement shall be retained for a period of five (5) years following the date of final payment or completion of any required audit, whichever is later. SECTION 11. OTHER REQUIREMENTS In connection with thc caroing out of this agreement, ECL& agree~ to comply with any and all rules and regulations of the Iowa Emergency Management Division concerning third party contracts. PASSED AND APPROVED: Grantee: City of Dubuq/~e East Central Intergovernmental Association Date Date Terrance M. Duggan, Mayor Chairperson or Executive Director Attest: Ieanne Schneider, City Clerk Auesu