Friends of the Mines of Spain Advisory Board_Council AppointmentMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Friends of the Mines of Spain
DATE: December 29, 2010
Dubuque
bitd
AN-America City
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2007
Mines of Spain Recreation Area Park Ranger Wayne Buchholtz advises that according
to Section 5 of the 28E Agreement, the City needs to appoint a City representative to
the Mines of Spain Advisory Board. The Board will meet annually.
The City Council can either appoint a representative or delegate the responsibility to
appoint a representative to the City Manager.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Planning Services Manager Laura Carstens
Wayne Buchholtz, Park Ranger
Michael C. Van Milligen
Juanita Hilkin - Friends of Mines of Spain Advisory Board Meeting
From: "Buchholtz, Wayne [DNR]" <Wayne.Buchholtz @dnr.iowa.gov>
To: 'Laura Carstens' <Lcarsten @cityofdubuque.org >, "rpruszko @yousq.net"
<rpruszko @yousq.net >, "Szcodronski, Kevin [DNR]"
< Kevin .Szcodronski @dnr.iowa.gov >, "Maehl, John [DNR]"
<John.Maeh1 @dnr.iowa.gov >, 'Doug Olk' <dougolk @hotmail.com>
Date: 12/21/2010 2:13 PM
Subject: Friends of Mines of Spain Advisory Board Meeting
Attachments: 28 E gift shop, sales, auditorium.doc
Kevin, John, Laura, Doug, Rudy,
The Friends of the Mines of Spain Advisory Board needs to meet and make decisions for the next year. This will
be our first official meeting and not sure how long it will take. I have attached the 28E Agreement between the
IDNR and FOMOS for your review. See section 5 Advisory Team 5.1.
I would like to meet before Spring. Please let me know which dates and times below will work for you.
March 1 @ 1:00 p.m. or 6:00 p.m.
March 2 @ 1:00 p.m. or 6:00 p.m.
March 3 @ 1:00 p.m. or 6:00 p.m.
Once I get responses from all , I will let you know what the meeting date and time will be.
Meeting will be at the E. B. Lyons Interpretive Center.
Thanks,
Wayne Buchholtz /Park Ranger
Mines of Spain Recreation Area
Office - 563 - 556 -0620
Cell - 563- 599 -8475
Where the Mines of Spain is a:
National Historic Landmark and a National Heritage Site
Important Birding Area and a Watchable Wildlife Area
State Preserve and an Urban Wildlife Sanctuary and where
there is a Scenic Byway Center and National Recreation Trails
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DNR rev 7-09
By
Patncia L Boddy
IOWA DEPARTMENT OF NATURAL RESOURCES
CONTRACT NUMBER CRO8510SAmIz110089
IOWA DEPARTMENT OF NATURAL RESOURCES
And
FRIENDS OF THE MINES OF SPAIN
IN VV1TNESS THEREOF, the parties hereto have executed this Contract on the day aid year last
speced below
DEPARTMENT OF NATURAL RESOURCES
puty Director
FRIEND OF THE S OF SPAIN
By i 1 /
Douglas G. Olk, M 0. , President FMS Board of Directors
Between
And
CITY OF DUBUQUE
CITY OF DUBLI
/
By:
Michael C Van Milligen, City Manager
Date ?ZIG
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 Crty 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 9 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:
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@dnriowa goy
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 563-556-84f4
Email: dougolk@hotmail corn
Michael Van Mil 'igen, City Manager
50 W, 13"" Street, Dubuque, IA 52001
Phone: 563-589-4110
Fax 563-589-4149
Email citymgracityordubuque org
2
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 28E4 and 461A.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, 2010 through August 10. 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 an 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 shalt include the park ranger assigned to Mines of Spain State Recreation
Area, one additional DNR employee designated by the ONR 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
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 an 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 mitten consent of the other parties.
Section 6 SELF BY THE STATE OF IOWA
Pursuant to Iowa Code chapter 669, DNR and the State of Iowa are serf-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
Attachment 28E
Section 1 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 28E8.
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.
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