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Hazard Mitigation Planning Grant Contracts CITY OF DUBUQUE, IOWA MEMORANDUM November 2,2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Two Hazard Mitigation Planning Grant Contracts I respectfully request Mayor and City Council approval of two Hazard Mitigation Planning Grant contracts with the Iowa Emergency Management Division. The East Central Intergovernmental Association will serve as the City's authorized representative in the project. fJtlt ~~IL Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Pauline Joyce, Administrative Services Manager Bob Schiesl, Civil Engineer Mr. Mark Schneider, East Central Intergovernmental Association Q O.:.~: i\~' ("'-., ~ :'~ \.'-' ..... C) .1::> :;';: o' (D ~ : C:> C,) f", a c..... ~ c'":) ~ ,"n .-) '.,. 2J ~.o.::.::- I C.) ~~ -~*~. ':""'" rn CJ '.':.'1''1.. .~l '; 4.1 PLANNING GRANT AGREEMENT BETWEEN IOWA EMERGENCY MANAGEMENT DIVISION AND THE CITY OF DUBUQUE, IOWA \VITH EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION SERVING AS THEIR AUTHORIZED REPRESENTATIVE GRANT AGREEMENT NO: 0996-0185 PLANNING NO: F094-31-07 FEDERAL TAX ID NO: 42-6004596 SCOPE OF WORK This Planning Grant Agreement (AGREEMENT) is to provide the City of . Dubuque (CITY), with East Central Intergovernmental Association (ECIA) serving as their authorized representative, with federal assistance from the Hazard Mitigation Grant Program (HMGP) in an amount not to exceed $3,750.00 as the 75% federal share for approved planning costs associated with developing a Hazard Mitigation Plan (Plan). These funds are to assist the CITY in completing hazard mitigation planning in accordance with the CITY's scope of work, which was submitted to and approved by Iowa Emergency Management Division (IEMD). The CITY, with ECIA serving as their authorized representative, agrees to provide this service in accordance with the requirements set forth below: Provide all supervision, inspection, accounting, and other services necessary to complete the aforementioned Plan from inception to closeout. Provided the CITY has been mapped by FEMA, the CITY will pass appropriate resolutions to assure IEMD that the CITY is participating, and will continue to participate, in the National Flood Insurance Program (NFIP). If the CITY has been sanctioned or suspended from the NFIP, the CITY is eligible for a HMGP planning grant but will be required to be in good standing in the NFIP prior to approval of a HMGP proj ect grant. If mapping has not been performed, the CITY is exempt from this requirement. The Dubuque City Council will pass appropriate resolutions to assure IEMD that all procurement procedures have been complied with and all contracts have been verified and approved by IEMD prior to any work commencing. AGREEMENTS The City of Dubuque (CITY) with ECIA serving as their authorized representative, agrees to: 1. Perform the agreed upon scope of work and any changes to the scope of work or budget must be approved by IEMD prior to executing the changes. 2. Perform the procurement process for all procuring activities in accordance with the 44 Code of Federal Regulations (CFR), Section 13.36, and the CITY's process. 3. Submit copies of bid documents and contract documents to IEMD prior to awarding of any contracts. No contract will be accepted without IEMD's review and approval. 4. Set up a separate checking account or account codes for the CITY's hazard mitigation planning grant. All federal and non-federal revenues and expenses must be verifiable. 5. Submit source documents on a timely basis to IEMD as verification of how the awarded federal funds for hazard mitigation planning costs are expended and as proof of the local match. Source documents may include, but are not limited to, invoices from the contractor as work is completed, copies of checks from the CITY to the contractor, time sheets and payroll records applicable to time spent on this grant. 6. Limit grant awards to: A. Eligible expenses deemed reasonable and necessary to complete the agreed upon scope of work. B. Not exceed seventy-five percent (75%) as the federal share of the approved total hazard mitigation planning amount. C. At least twenty-five percent (25%) as the non-federal share of the approved total hazard mitigation planning amount. Only 12 Vz % of this 25% can be from in-kind non-federal sources. All in-kind match must be identified in the CITY's approved budget. 7. Submit progress reports to IEMD stating percentage of completion and a summary of expended grant funds as well as obligated grant funds. 2 8. Comply with the audit requirements of the Single Audit Act Amendments of 1996 and the Office of Management and Budget (OMB) Circular Al33. (Reference: Catalog of Federal Disaster Assistance (CFDA) # 83.548) Iowa Emergency Management Division (IEMD) agrees to: 1. Provide all appropriate contractual documents. 2. Make progress or reimbursement payments to the CITY to complete the approved scope of work. The three options available to the CITY are: A. Working Capital Advance Funds. The CITY is eligible to receive up to 25% of the approved federal share. The request must be in writing to the Governor's Authorized Representative (GAR) and be accompanied by IEMD's Request for Working Capital Advance Funds Form. Working capital requests must be submitted within thirty (30) days of the CITY's receipt of this executed AGREEMENT. B. Disbursal ofHMGP Funds. The CITY can be paid in advance, provided the CITY maintains or demonstrates the willingness and ability to maintain the following procedures: (1) Approval of bid specs and contracts by IEMD prior to awarding of any contracts. (2) Submittal of itemized invoices from contractors and copies of checks to IEMD on a timely basis. (3) No more than thirty (30) days shall elapse between the date of receipt of a warrant and expenditures of funds by the CITY. The request must be in writing to the GAR and be accompanied by IEMD's Request for Disbursement Form. The written request must include an itemized cost breakdown of the use of the requested funds. C. Reimbursement ofHMGP Funds. The CITY can be reimbursed based on actual hazard mitigation planning expenditures. Actual costs must be approved by IEMD and must be a part of the CITY's scope of work. The request must be in writing to the GAR and be accompanied by IEMD's Request for Disbursement Form, invoices from the contractor, and copies of checks from the CITY to the contractor. 3 3. All grant funds must be expended by the CITY within eighteen (18) months of the date of this AGREEMENT unless a written extension is requested and issued. WAIVERS No conditions or provisions of this AGREEMENT can be waived unless approved by IEMD and the CITY, with ECIA serving as their authorized representative, in writing. Unless otherwise stated in writing, IEMD's failure to insist upon strict performance of any provision of this AGREEMENT, or to exercise any right based upon a breach, shall not constitute a waiver of any right or obligation specified under this AGREEMENT. AMENDMENTS AND MODIFICATIONS This AGREEMENT may be amended or modified in reference to the grant funds provided, administrative procedures, or any other necessary matter, but not to take effect until approved, in writing, by IEMD and the CITY, with ECIA serving as their authorized representative. COMPLIANCE, TERMINATION AND OTHER REMEDIES Unless otherwise stated in writing, IEMD requires strict compliance by the CITY, with ECIA serving as their authorized representative, with the terms of this AGREEMENT, and the requirements of any applicable local, State and Federal statute, rules, regulations; particularly those included in the Assurances in the Planning Application which were submitted to IEMD. IEMD may suspend or terminate any obligation to provide funding to the CITY and demand return of any unused grant funds in the possession of the CITY, if the CITY following notice from IEMD, fails to meet any obligations under this AGREEMENT or fails to make satisfactory progress towards administration or completion of said Plan. The CITY, with ECIA serving as their authorized representative, understands and agrees that IEMD may enforce the terms of this AGREEMENT by any combination, or all remedies available to IEMD under this AGREEMENT, or under any other provision of law, common law, or equity. 4 INDEMNIFICATION 1. It is understood and agreed by IEMD and the CITY that this AGREEMENT is solely for the benefit of the parties to the GRANT and gives no right to any other party. No joint venture or partnership is formed as a result of this AGREEMENT. 2. The CITY, with ECIA serving as their authorized representative, on behalf of itself and its successors and assigns, agrees to protect, save, and hold harmless IEMD and the ST ATE of lOW A, and their authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the negligent acts, errors, or omissions of the CITY, its contractors, subcontractors, assigns, agents, licensees, arising out of or in connection with any acts or activities authorized by this AGREEMENT. The CITY's obligation to protect, save, and hold harmless as herein provided shall not extend to claims or causes of action for costs, damages, or expenses caused by or resulting from the negligent acts, errors, or omissions of IEMD, the ST ATE of IOWA, or any of their authorized agents or employees. 3. The CITY, with ECIA serving as their authorized representative, further agrees to defend IEMD, the ST ATE of IOWA, and their authorized agents and employees against any claim or cause of action, or to pay reasonable attorney's fees incurred in the defense of any such claim or cause of action, as to which the CITY is required to protect, save, or hold harmless said parties pursuant to paragraph 2 of this part. The CITY's obligation to defend, or to pay attorney's fees for the defense of such claims or causes of action as herein provided, shall not extend to claims or causes of action for costs, damages, or expenses caused by or resulting from the negligent acts, errors, or omissions of IEMD, the STATE of lOW A, or any of their authorized agents or employees. ACKNOWLEDGEMENTS The CITY, with ECIA serving as their authorized representative, shall include in any public or private release of information regarding the planning, language which acknowledges the funding contribution by IEMD and FEMA. INDEPENDENT CONTRACTOR STATUS OF APPLICANT The CITY, with ECIA serving as their authorized representative, its officers, employees, agents and council members shall all perform their obligations under this AGREEMENT as an independent contractor and not in any manner as officers, employees or agents of IEMD or the STATE of IOWA. All references herein to the CITY shall include its officers, employees, city council members, and agents. IEMD shall not withhold on behalf of any such officer, employee, city council member, or agent, or pay on behalf of any such person, any payroll taxes, insurance, or deductions of any kind from the funds paid to the CITY for administrative purposes. 5 GOVERNING LA \V, VENUE AND SEVERABILITY This AGREEMENT shall be governed by the laws ofIowa and venue for any legal action hereunder shall be in the Polk County District Court of Iowa. If any ; provision under this AGREEMENT or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, said invalidity does not affect other provisions of this AGREEMENT which can be given effect without the invalid provision. NOTICES The CITY, with ECIA serving as their authorized representative, shall comply with all public notices or notices to individuals as required by applicable State and Federal laws, rules, and regulations and shall maintain a record of such compliance. RESPONSIBILITY FOR PLANNING While IEMD undertakes to provide technical assistance to the CITY and ECIA in the administration of developing the CITY's Hazard Mitigation Plan, said Plan remains the sole responsibility of the applicant in accomplishing grant objectives and goals. IEMD undertakes no responsibility to the CITY, ECIA, or any third party, other than what is expressly set out in this AGREEMENT. NOTICES AND COMMUNICATIONS BETWEEEN IEMD AND APPLICANT All written notices and communications to the CITY by IEMD shall be through: East Central Intergovernmental Association Mark Schneider, Program Supervisor P.O.Box 1140 Dubuque, IA 52004-1140 All written communications to IEMD by the CITY shall be through: Iowa Emergency Management Division Ellen M. Gordon, Administrator Hoover State Office Building Des Moines, Iowa 50319 6 ENTIRE GRANT AGREEMENT This AGREEMENT sets forth the entire AGREEMENT between IEMD and the CITY, with ECIA serving as their authorized representative, with respect to the subject matter hereof. Commitments, warranties, representations and understandings or agreements not contained, or referred to, herein or amendment thereto shall not be binding on either IEMD or the CITY, with ECIA serving as their authorized representative. Except as may be expressly provided herein, no alteration of any of the terms or conditions of this AGREEMENT will be effective without written consent of both parties. IN WITNESS WHEREOF, IEMD and the CITY, with ECIA serving as their authorized representative, have executed this AGREEMENT by the signatures of authorized persons of all entities and on the date indicated below: Iowa Emergency Management Division: ~4~~ Ellen M. Gordon, Administrator City of Dubuque: ~U.~ lX: ~Xl'Xb<nmoox~xx John H. Markham, Mayor Pro-Tern ){l-IIf~au Date Date 7 EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION DUBUQUE METROPOLITAN AREA TRANSPORTATION STUDY EASTERN IOWA REGIONAL HOUSING AUTHORI1Y October 10,2000 JOB TRAINING PROGRAMS (JTPA) (PJ) (WIW) ECIA REGIONAL PLANNING AFFILIATION E.C.I.A. BUSINESS GROWTH, INC. City of Dubuque Attn.: Jeanne Schneider, City Clerk City Hall, 50th W. 13th Street Dubuque, Iowa 52001 Dear Jeanne: Enclosed you will find two Hazard Mitigation Planning Grant (HMPG) contracts for your action. HMPG contract between the City of Dubuque, ECIA, and Iowa Emergency Management providing funding for the preparation of the Hazard Mitigation planning document (3 copies). . Place on next council agenda for approval. . Have Mayor Duggan sign the contracts. . Return the two original copies to ECIA. . Retain one copy for your files. Administration contract between the City of Dubuque and ECIA to provide services to assist the City in the preparation of the planning document (3 copies). . Place on next council agenda for approval. . Have Mayor Duggan sign the contracts. . Return the two original copies to ECIA. . Retain one copy for your files. You will note in the Administration Contract under Section 3 - Method of Payment, the contract is for the full contract amount of the project. However, the budget is spelled out detailing that the City will provide an in-kind match as a share ofthe local effort in the project. We will forward the IEMD contracts to IEMD and return one copy of the executed Administration Contract to the City upon ECIA Board approval. Thank you for your assistance with this project. Please feel free to contact me if there is any question. Sincerely, ;4:?~~ Mark Schneider Program Supervisor Encl. / .., / 1/ / ~A/-;9;0ZRh i? ;::7/4 #;'L/ /'/~ Suite 330, Nesler Centre. P.O. Box 1140. Dubuque, lA 52004-1140. (319)556-4166. Fax (319)556-0348 E-Mail: ecia@mwcLnet PLANNING GRANT AGREEMENT BET'VEEN IO'VA EMERGENCY MANAGEMENT DIVISION AL'lD THE CITY OF DUBUQUE, IO\V A '''ITH EAST CENTR;\L INTERGOVERNl\IENTAL ASSOCIATION SERVING AS THEIR AUTHORIZED REPRESENTATIVE GRANT AGREEMENT NO: 0996-0185 PLANNING NO: F094-31-07 FEDER.\L TA.<'X ID NO: 42-6004596 SCOPE OF '''ORK This Planning Grant Agreement (AGREEMENT) is to provide the City of 'Dubuque (CITY). with East Central Intergovenm1ental Association (ECIA) serving as their authorized representati\'e, with federal assistance from the Hazard Mitigation Grant Program (H~lGP) in an amount not to exceed $3,750.00 as the 75% federal share for appro\'cd planning costs associated with developing a Hazard Mitigation Plan (Plan). Thcse funds are to assist the CITY in completing hazard mitigation planning in accordance with the CITY's scope of work, which was submitted to and approved by lo\\'a Emcrgency Management Division (IErv1D). The CITY, with ECIA serving as their authorized representative, agrees to provide this scrvice in accordance with the requirements set forth below: Pro\'ide all supervision. inspection, accounting, and other services necessary to complete the aforclllcntioned Plan ti'Oll1 inception to closeout. Pro\'idcd thc CITY has becnmapped by FEMA, the CITY will pass appropriate resolutions to assure IEMD that the CITY is participating, and will continue to participatc. in thc Natitmal Flood Insurance Program (NFIP), Ifthe CITY has been sanctit)ncd or suspendcd from the NFIP, the CITY is eligible for a HMGP planning grant but will be rcquired to be in good standing in the NFIP prior to approval of a HMGP project grant. I f mapping has not been performed, the CITY is exempt from this rcq u i relllellt. The Dubuque City Council will pass appropriate resolutions to assure IEMD that all procurement procedures have been complied with and all contracts have been verified and approved by IEMD prior to any work commencing. AGREEMENTS The City of Dubuque (CITY) with ECIA serving as their authorized representative, agrees to: 1. Perform the agreed upon scope of work and any changes to the scope of work or budget must be approved by IEMD prior to executing the changes. 2. Perform the procurement process for all procuring activities in accordance with the 44 Code of Federal Regulations (CFR), Section 13.36, and the CITY's process. 3. Submit copies of bid documents and contract documents to IEMD prior to awarding of any contracts. No contract will be accepted without IEMD's review and approval. 4. Set up a separate checking account or account codes for the CITY's hazard mitigation planning grant. All federal and non-federal revenues and expenses must be verifiable. 5. Submit source documents on a timely basis to IEMD as verification of how the awarded federal funds for hazard mitigation planning costs are expended and as proof of the local match. Source documents may include, but are not limited to, invoices from the contractor as work is completed, copies of checks from the CITY to the contractor, time sheets and payroll records applicable to time spent on this grant. 6. Limit grant awards to: A. Eligible expenses deemed reasonable and necessary to complete the agreed upon scope of work. B. Not exceed seventy-five percent (75%) as the federal share of the approved total hazard mitigation planning amount. C. At least twenty-five percent (25%) as the non-federal share of the approved total hazard mitigation planning amount. Only 12 Y2 % of this 25% can be from in-kind non-federal sources. All in-kind match must be identified in the CITY's approved budget. 7. Submit progress reports to IEMD stating percentage of completion and a summary of expended grant funds as well as obligated grant funds. 2 S. Comply with the audit requirements of the Single Audit Act Amendments of 1996 and the Office of Management and Budget (OMB) Circular A133. (Reference: Catalog of Federal Disaster Assistance (CFDA) # 83.548) Iowa Emergency Management Division (IEJ\ID) agrees to: 1. Provide all appropriate contractual documents. ") r.Iake progress or reimbursement payments to the CITY to complete the approved scope of work. The three options available to the CITY are: A. Working Capital Advance Funds. The CITY is eligible to receive up to 25% of the approved federal share. The request must be in writing to the Governor's Authorized Representative (GAR) and be accompanied by IEMD's Request for Working Capital Advance Funds Fornl. Working capital requests must be submitted within thirty (30) days of the CITY's receipt of this executed AGREEMENT. B. Disbursal ofHMGP Funds. The CITY can be paid in advance, provided the CITY maintains or demonstrates the willingness and ability to maintain the following procedures: (1) Approval of bid specs and contracts by IEMD prior to awarding of any contracts. (2) Submittal of itemized invoices from contractors and copies of checks to IEMD on a timely basis. (3) No more than thirty (30) days shall elapse between the date of receipt of a warrant and expenditures of funds by the CITY. The request must be in writing to the GAR and be accompanied by IEMD's Request for Disbursement Form. The written request must include an itemized cost breakdown of the use of the requested funds. C. Reimbursement ofHMGP Funds. The CITY can be reimbursed based on actual hazard mitigation planning expenditures. Actual costs must be appro\'txi by IEMD and must be a part of the CITY's scope of work. The request must be in writing to the GAR and be accompanied by IEi\ID's Request for Disbursement Fonn, invoices from the cnntrador. and copies of checks from the CITY to the contractor. 3 3. All grant funds must be expended by the CITY within eighteen (18) months of the date of this AGREEMENT unless a written extension is requested and issued. WAIVERS No conditions or provisions of this AGREEMENT can be waived unless approved by IEMD and the CITY, with ECIA serving as their authorized representative, in writing. Unless otherwise stated in writing, IEMD's failure to insist upon strict performance of any provision of this AGREEMENT, or to exercise any right based upon a breach, shall not constitute a waiver of any right or obligation specified under this AGREEMENT. AMENDMENTS AND MODIFICATIONS This AGREEMENT may be amended or modified in reference to the grant funds provided, administrative procedures, or any other necessary matter, but not to take effect until approved, in writing, by IEMD and the CITY, with ECIA serving as their authorized representative. COMPLIANCE, TERMINATION AND OTHER REMEDIES Unless otherwise stated in writing, IEMD requires strict compliance by the CITY, with ECIA serving as their authorized representative, with the terms of this AGREEMENT, and the requirements of any applicable local, State and Federal statute, rules, regulations; particularly those included in the Assurances in the Planning Application which were submitted to IEMD. IEMD may suspend or terminate any obligation to provide funding to the CITY and demand return of any unused grant funds in the possession of the CITY, if the CITY following notice from IEMD, fails to meet any obligations under this AGREEMENT or fails to make satisfactory progress towards administration or completion of said Plan. The CITY, with ECIA serving as their authorized representative, understands and agrees that IEMD may enforce the terms ofthis AGREEMENT by any combination, or all remedies available to IEMD under this AGREEMENT, or under any other provision of law, common law, or equity. 4 INDEl\INIFICA TION 1. It is understood and agreed by IEMD and the CITY that this AGREEMENT is solely for the benefit of the parties to the GRANT and gives no right to any other party. No joint venture or partnership is formed as a result of this AGREEMENT. 2. The CITY, with ECIA serving as their authorized representative, on behalf of itself and its successors and assigns, agrees to protect, save, and hold harmless IEMD and the STATE of IOWA, and their authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the negligent acts, errors, or omissions of the CITY, its contractors, subcontractors, assigns, agents, licensees, arising out of or in connection with any acts or activities authorized by this AGREEMENT. The CITY's obligation to protect, save, and hold harmless as herein provided shall not extend to claims or causes of action for costs, damages, or expenses caused by or resulting from the negligent acts, errors, or omissions of IEMD, the STATE of IOWA. or any of their authorized agents or employees. 3. The CITY, with ECIA serving as their authorized representative, further agrees to defend IEMD, the STATE of IOWA, and their authorized agents and employees against any claim or cause of action, or to pay reasonable attorney's fees incurred in the defense of any such claim or cause of action, as to which the CITY is required to protect, save, or hold harnlless said parties pursuant to paragraph 2 of this part. The CITY's obligation to defend, or to pay attorney's fees for the defense of such claims or causes of action as herein provided, shall not extend to claims or causes of action for costs, damages, or expenses caused by or resulting from the negligent acts, errors, or omissions of IE~ID, the STATE ofrOW A. or any of their authorized agents or employees. ACKNO\VLEDGEi\IENTS The CITY, with ECIA serving as their authorized representative, shall include in any public or private release of infonnation regarding the planning, language which acknowledges the funding contribution by IEMD and FEMA. INDEPENDENT CONTRACTOR STATUS OF APPLICANT The CITY, with ECIA serving as their authorized representative, its officers, employees, agents and council members shall all perform their obligations under this AGREEl\! ENT as an independent contractor and not in any manner as officers, empk)yees or agents of IEMD or the STATE of IOWA. All references herein to the CITY shall include its officers, employees, city council members, and agents. IEMD shall not withhold on behal f of any such ofticer, employee, city council member, or agent, or pay on behal f of any such person, any payroll taxes, insurance, or deductions of any kind li.om the funds paid to the CITY for administrative purposes. 5 ENTIRE GR-\1'lT AGREEMENT This AGREEMENT sets forth the entire AGREEMENT between IEMD and the CITY, with ECIA serving as their authorized representative, with respect to the subject matter hereof. Commitments, warranties, representations and understandings or agreements not contained, or referred to, herein or amendment thereto shall not be binding on either IEMD or the CITY, with ECIA serving as their authorized representative. Except as may be expressly provided herein, no alteration of any of the tenns or conditions of this AGREEMENT will be effective without written consent of both parties. IN WITNESS WHEREOF, !EMD and the CITY, with ECIA serving as their authorized representative, have executed this AGREEMENT by the signatures of authorized persons of all entities and on the date indicated below: Iowa Emergency Management Division: City of Dubuque: Ellen M. Gordon, Administrator ~ rp. ~~.J~~~ ;e>M<;ot(~~~~ John H. Markman, Mayor Pro-Tern Date Date ECIA: Executive Director Date 7 " . . , CONTRACTFORSER~CES~THTHE EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION TIllS 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 SER~CES ECIA shall provide and perform the necessary services required to prepare a Hazard Mitigation Plan as described in Attachment A - Planning Grant Agreement under Grant Agreement No. 0996-0185, Planning No. F094-31-07 between the City of Dubuque, the Iowa Emergency Management Division (hereinafter called IEMD), and ECIA. SECTION 2. TIME OF PERFORMANCE The services of ECIA shall cornmence on November 1, 2000 and be completed per the terms of the Grant Agreement unless the terms are altered through mutual agreement of IEMD, ECIA, and the Grantee. 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 $5,000.00. Note: This budget is based on $3,750.00 from IEMD, $625.00 in cash from the City of Dubuque, and $625.00 of documented in-kind match provided by the City of Dubuque. 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 perfonnance 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. Delivcr to the grantce all data, drawings, specifications, as may have been acculllulatcd by EClA in performing this contract, whether completed or in proccss. 6.2 If the tCllnination is for convenience of the grantee, ECIA shall be entitled to cOlllpcnsation dctcllnincd in accordance with 3 of this contract. I . SECTION 7. TERMINATIONBYECIA 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 ofrace, 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 follO\ving tlle date of final payment or completion of any required audit, whichever is later. SECTION 11. OTHER REQillREMENTS In connection \vith 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 East Central Intergovernmental Association November 6. 2000 Date Date ~~'^ /L1YkdLlut"-'l T ~1\n~~MXh)u~~~M<,(j(.~ John H. Markham. Mayor Pro-Tern ,. 2-- ---~ ' ,'/-!'?7'/{/ ~.-,...)~" - U ,./Attest: Jeanne Schneider. City Clerk Chairperson or Executive Director Attest: CONTRACT FOR SERVICES WITH THE EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION THIS CONTRACT is entered into by and between the East Central Intergovernmental Association (h~reinafter 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 to prepare a Hazard Mitigation Plan as described in Attachment A - Planning Grant Agreement under Grant Agreement No. 0996-0185, Planning No. F094-31-07 between the City of Dubuque, the Iowa Emergency Management Division (hereinafter called IEMD), and ECIA. SECTION 2. TIME OF PERFORMANCE The services of ECIA shall commence on November 1, 2000 and be completed per the terms of the Grant Agreement unless the terms are altered through mutual agreement of IEMD, ECIA, and the Grantee. 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 $5,000.00. Note: This budget is based on $3,750.00 from IEMD, $625.00 in cash from the City of Dubuque, and $625.00 of documented in-kind match provided by the City of Dubuque. 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, EeIA 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 ofrace, religion, color, age, sex, national origin, or disability. A breach ofthis 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 East Central Intergovernmental Association November 6, 2000 Date /~/;I/~ ( I Date -J:;;; .~, ~Mt#~ XM(nu:~~x>xx John H. Markham, Mayor Pro-Tern J~ #dc~~ , Attest: