IDNR / Friends of the Mines of Spaing_E.B. Lyons Interpretive Center 28E / Cooperative AgrementMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: E.B. Lyons Interpretive Center -- 28E Agreement
DATE: August 10, 2010
Dubuque
All-America City
11111!
'
2007
Planning Services Manager Laura Carstens is recommending approval of a 28E
Agreement including the City, the Iowa Department of Natural Resources and the
Friends of the Mines of Spain for the Friends of the Mines of Spain to operate their gift
shop, vending machines and events at the expanded E.B. Lyons Interpretive Center at
the state park.
The City owns the Center and approximately 30 acres surrounding the Center. The
Department of Natural Resources manages the Center along with the 1,300 acre state
park. The Friends of the Mines of Spain is a non - profit organization whose purpose is
to support, advise and promote the activities and programs of the state park, as well as
the Interpretive Center. The Friends of the Mines of Spain undertook the fund raising
activities to build the $1.5 million addition to the Center.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mich
el C. Van Milligen
MCVM:jh
Attachment
cc: Douglas Olk, M.D., President, Friends of the Mines of Spain
Wayne Buchholtz, Park Ranger, Mines of Spain
Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Masterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
Michael Van Milligen, City Manager
Laura Carstens, Planning Services Manager S
E.B. Lyons Interpretive Center -- 28E Agreement
August 10, 2010
Dubuque
kittrA
All - America City
1111 I
2007
INTRODUCTION
This memo transmits the enclosed 28E intergovernmental agreement for use of the E.B.
Lyons Interpretive Center at the Mines of Spain, for City Council review and approval.
DISCUSSION
The Friends of the Mines of Spain (FMS) and the Iowa Department of Natural
Resources (DNR) have been working on a 28E agreement for the FMS to operate their
gift shop, vending machines, and events at the expanded E.B. Lyons Interpretive Center
at the state park.
After several iterations, the FMS and DNR now would like to include the City, as the
building owner, in the 28E agreement and on an advisory board described in the
agreement. This advisory board format is similar to what the DNR is seeking to do with
other Friends groups at other state parks.
The City owns the Center and approximately 30 acres surrounding the Center. The
DNR manages the Center along with the 1,300 state park. The FMS is a non - profit
organization whose purpose is to support, advise, and promote the activities and
programs of the state park as well as the Interpretive Center. The FMS undertook the
fund raising activities to build the $1.5 million addition to the Center.
City Attorney Barry Lindahl and Leisure Services Manager Marie Ware have reviewed
the 28E agreement.
RECOMMENDATION
The recommendation is for the City Council to authorize the City Manager to sign the
28E agreement for use of the E.B. Lyons Interpretive Center.
Enclosure
cc: Barry Lindahl, City Attorney
Marie Ware, Leisure Services Manager
DNR rev. 7-09
IOWA DEPARTMENT OF NATURAL RESOURCES
CONTRACT NUMBER CRD8510SArntz110089
Between
IOWA DEPARTMENT OF NATURAL RESOURCES
And
FRIENDS OF THE MINES OF SPAIN
And
CITY OF DUBUQUE
IN WITNESS THEREOF, the parties hereto have executed this Contract on the day and year last
specified below.
~PA~M~~LRESOURCES
Patricia L. Boddy, Deputy Director
Douglas G. Olk, M. D., President, FMS Board of Directors
CITY OF DUBU9Yf
By: /~
7
Michael C. Van Milligen, City Manager
Date: q6 / Z.0(0
'
Date: ~Y,/;u
Date:
DNR rev. 7-09
COOPERATIVE AGREEMENT
SPECIAL CONDITIONS
This Contract is entered into between the Iowa Department of Natural Resources (DNR), Friends
of the Mines of Spain (FMS) and the City of Dubuque (Dubuque). The parties agree as follows:
Section 1 IDENTITY OF THE PARTIES
1.1 Parties.
DNR is authorized to enter into this Contract. DNR's address is: Wallace State Office Building,
502 East 9th Street, Des Moines, Iowa 50319.
Friends of the Mines of Spain (FMS), is an Iowa nonprofit corporation registered with the
Secretary of State.
The City of Dubuque is a municipality organized under the laws of the State of Iowa.
1.2 Project Managers. Each party has designated a Project Manager, who shall be
responsible for oversight and negotiation of any contract modifications, as follows:
DNR Project Manager:
FMS Project Manager:
Dubuque Project Manager:
2
Wayne Buchholtz, Park Ranger, Mines of Spain
8991 Bellevue Hts., Dubuque Iowa 52003-9214
Phone: 563-556-0620
Fax: 563-556-8474
Email: wayne.buchholtz@dnr.iowa.gov
Douglas G. Olk, M. D., President, FMS Board of Directors
8991 Bellevue Heights, Dubuque, IA 52003-9214
Phone: 563-556-0620 (FMS); 563-584-3440 (W)
Fax: 563-556-8474
Email: dougolk@hotmail.com
Michael Van Milligan, City Manager
50 W. 13th Street, Dubuque, IA 52001
Phone: 563-589-411 O
Fax: 563-589-4149
Email: citymgr@cityofdubuque.org
DNR rev. 7-09
Section 2 STATEMENT OF PURPOSE
2.1 Statutory Authority. DNR enters into this Cooperative Agreement based on statutory
authority provided in Iowa Code sections 28E.4 and 461 A 11.
2.2 Purpose. The parties' purpose in entering into this Cooperative Agreement is to set forth
the mutual understandings and commitments of the parties to provide for the sales of souvenirs
and concessions, and the use of facilities, at the expanded E.B. Lyons Interpretive Center
(Center), part of the Mines of Spain State Recreation Area in Dubuque County, Iowa.
Section 3 DURATION OF CONTRACT
Term of Contract. The term of this Contract shall be August 10, 201 O through August 1 O, 2030
unless terminated earlier in accordance with the Termination section of this Contract. However,
this Contract shall not begin until it has been signed by all parties.
Section 4 ROLES AND RESPONSIBILITIES OF THE PARTIES
Dubuque will be responsible as the owner of the expanded Center, the same as what its role
has been with the original Center. The DNR will be responsible for administration / management
and operational expenses of the expanded Center, the same as what its role has been with the
original Center. The FMS will be responsible for administration / management and operational
expenses of the gift shop and vending machines. The FMS also will provide oversight for use of
the Center by outside groups on a donation basis and organize/coordinate set up and clean up
for any such activities. Any net proceeds from the sales of souvenirs and concessions and
donations for use of the Center will be used by the FMS to support programming and projects at
the Center and throughout the Mines of Spain State Recreation Area.
Section 5 ADVISORY TEAM
5.1 The parties agree that an Advisory Team shall be created to facilitate the inter-party
communication and avoid disputes concerning the operation and maintenance of the Center.
The Advisory Team shall include the park ranger assigned to Mines of Spain State Recreation
Area, one additional DNR employee designated by the DNR Director, one person designated by
the City of Dubuque, and one person designated by the FMS. The Advisory Team shall meet
no less than one time per year and otherwise communicate as needed to recommend changes
in the operation and maintenance of the Center. At the annual meeting the Advisory Team will
review a written report prepared by the FMS on the year's operation and maintenance activities,
including but not limited to visitation rates, number and type of programs, number of meetings
and events hosted, total amount of funds received from the sales of souvenirs and concessions
and donations for use of the Center, and major preventative maintenance and repairs to the
Center. The DNR will in good faith take recommendations into consideration in determining any
potential changes to operations and maintenance of the Center.
3
DNR rev. 7-09
COOPERATIVE AGREEMENT
GENERAL CONDITIONS
Section 1 AMENDMENTS, TERMINATION
This Contract may be amended or terminated only by written mutual consent of the parties.
Section 2 CHOICE OF LAW AND FORUM
The laws of the State of Iowa shall govern and determine all matters arising out of or in
connection with this Contract without regard to the choice of law provisions of Iowa law. In the
event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this
Contract, the exclusive jurisdiction for the proceeding shall be brought in Polk County District
Court for the State of Iowa, Des Moines, Iowa or in the United States District Court for the
Southern District of Iowa, · Central Division, Des Moines, Iowa, wherever jurisdiction is
appropriate. No provision of this Contract shall be construed as waiving any immunity to suit or
liability including without limitation sovereign immunity in State or Federal court, which may be
available to DNR, FMS, Dubuque, or the State of Iowa.
Section 3 SEVERABILITY
If any provision of this Contract is determined by a court of competent jurisdiction to be invalid or
unenforceable, such determination shall not affect the validity or enforceability of any other part
or provision of this Contract.
Section 4 ENTIRE AGREEMENT
This Contract constitutes the entire agreement between the parties with respect to the subject
matter hereof, and the parties acknowledge that they are entering into the Contract solely on the
basis of the terms and conditions herein contained and not in reliance upon any representation,
statement, inducement or promise, whether oral or written, not contained herein.
Section 5 ASSIGNMENT AND DELEGATION
This Contract may not be assigned, transferred or conveyed, in whole or in part, without the
prior written consent of the other parties.
Section 6 SELF-INSURANCE BY THE STATE OF IOWA
Pursuant to Iowa Code chapter 669, DNR and the State of Iowa are self-insured against all risks
and hazards related to this Contract. No separate fund has been established to provide self-
insurance, and the State of Iowa is not obligated to establish any such fund during the term of
this Contract.
Section 7 IMMUNITY FROM LIABILITY
Every person who is a party to the Contract is hereby notified and agrees that the State, DNR,
and all of their employees, agents, successors, and assigns are immune from liability and suit
for FMS' activities involving third parties arising from the Contract.
4
DNR rev. 7-09
Section 1
Attachment 28E
APPROVAL OF GOVERNING BODIES OF PARTIES
This Contract was approved by the FMS Board of Directors and the Dubuque City Council on
August 21, 2010 and August 16, 2010, respectively.
Section 2 FILING AND RECORDING
A copy of this Contract shall be filed by DNR with the Secretary of State before it shall be in full
force and effect, pursuant to Iowa Code section 28E.8.
Section 3 REAL AND PERSONAL PROPERTY
The parties agree that no real or personal property will be acquired, held or disposed of in
relation to this Contract.
Section 4 CONTRACT ADMINISTRATOR
Pursuant to the provisions of Iowa Code section 28E.6, Kevin Szcodronski, Bureau Chief, State
Parks Bureau, DNR, shall serve as the administrator responsible for administering and
managing this agreement.
5