Lower Bee Branch Creek_Overlook Project_HearingMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Lower Bee Branch Creek Overlook Project
(CIP #7201654)
DATE: November 26, 2011
Dubuque
kard
All-America City
2007
City Engineer Gus Psihoyos recommends City Council approval of the plans,
specifications, form of contract and the estimated cost of $1,170,411 for the Lower Bee
Branch Creek Overlook Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Lower Bee Branch Creek Overlook Project
(CI P#7201654)
DATE: November 22, 2011
INTRODUCTION
Dubuque
krail
All-America City
111111
2007
The purpose of this memo is to seek approval of the plans, specifications, form of
contract and the estimated cost for the Lower Bee Branch Creek Overlook Project to be
considered at the public hearing.
BACKGROUND
On October 4, 2010 the City Council passed Resolution 390 -10 authorizing an
application for Vision Iowa River Enhancement Community Attraction and Tourism
( RECAT) grant funding specifically for amenities associated with the Bee Branch Creek
Restoration Project.
On April 4, 2011 the City Council passed Resolution 114 -11 approving and authorizing
the execution of the RECAT Grant Agreement.
DISCUSSION
The RECAT grant application and grant agreement include funding for two scenic
overlooks along the Lower Bee Branch Creek Project: one east of Sycamore Street
near the 16th Street Detention Basin and one on 16th Street west of Sycamore Street.
The location of the proposed overlook near the basin (Basin Overlook) is shown in
Figure 1. Figure 2 shows a rendering of the proposed Basin Overlook presented to the
City Council at the September 9, 2011 City Council Work Session. The location of the
overlook west of Sycamore Street (16th Street Overlook) is shown in Figure 3. Figure 4
shows a rendering of the 16th Street Overlook presented to the City Council at the
September 9, 2011 City Council Work Session. Figure 5 shows an artist's rendering of
the 16th Street Overlook and the Lower Bee Branch Creek Restoration Project from the
viewpoint of standing at Maple and 16th Street looking to the east towards the new
Sycamore Street Bridge.
The
light
overlooKs include drinking fountains, biKe racks, trash receptacles, benches,
ing, trees, shrubs, interpretive signs, and a blue light, 911 kiosk.
Figure 1. Location of proposed Lower Bee Branch Basin Overlook.
V
Figure 2. Rendering of the Lower Bee Branch Creek Basin Overlook.
2
F
gure 3. Location of the proposed Lower Bee Branch
16th Street Overlook.
�v-
Figure 4. Rendering of the Lower Bee Branch Creek 16th Street Overlook.
3
Figure 5. Artist's rendering of the proposed 16th Street overlook.
As part of the America's River III fundraising campaign, the 16th Street Overlook was
sponsored by Dupaco Community Credit Union and the Basin Overlook was sponsored
by U. S. Bank.
The project is to be complete by June 1, 2012.
RECOMMENDATION
I recommend approval of the plans, specifications, form of contract and the estimated
cost for the Lower Bee Branch Creek Overlook Project.
BUDGET IMPACT
The estimate of probable costs for the Lower Bee Branch Creek Overlook Project is as
follows:
Construction $ 1,014,011.00
Contingency 50,000.00
Engineering 106,400.00
Total Project Cost $1,170,411.00
The funding summary is as follows:
CIP No. Fund Description
7201654 Lower Bee Branch Creek Basin Overlook Project
Vision Iowa RECAT Grant Funding
City Share
4
Fund Amount
$1,170,411.00
$188,504.64
$1,151906.36
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution approving the plans,
specifications, form of contract and the estimated cost for the Lower Bee Branch Creek
Overlook Project.
Prepared by Deron Muehring, Civil Engineer II
cc: Barry Lindahl, City Attorney
Jenny Larson, Budget Director
Marie Ware, Leisure Services Manager
Deron Muehring, Civil Engineer 11
5
NOTICE OF PUBLIC
HEARING ON PLANS,
SPECIFICATIONS,
FORM OF CONTRACT,
AND ESTIMATED
COST FOR THE
LOWER BEE BRANCH
CREEK OVERLOOK
PROJECT
NOTICE IS HEREBY
GIVEN: The City
Council of the City of
Dubuque, Iowa will
hold a public hearing
on the proposed plans,
specifications, form of
contract and estimated
cost for the LoWer Bee
Branch Creek Overlook
Project, in accordance
with the provisions of
Chapter 26, Code of
Iowa, at 6:30 p.m., on
the 5th day of
December, 2011, in the
Historic Federal Build-
ing Council Chambers
(second floor), 350
West 6th Street,
Dubuque, Iowa. Said
proposed plans, speci-
fications, form of
contract and estimated
cost are now on file in
the office of the City
Clerk. At said hearing
any interested person
may appear and file
objections thereto.
The scope of the
Project is as follows:
Project consists of the
construction of two
overlook, plaza areas
adjacent to the Bee
Branch Creek. The
work includes the
construction of two
pavilions, 7,500 square
feet of PCC sidewalk,
lighting, drinking
fountains, bike •racks,
trash receptacles,
benches, trees, shrubs,
interpretive signs, and
a blue light, 911 kiosk.
Any visual or hearing -
impaired persons need-
ing special assistance
or persons with special
accessibility needs
should contact the City
Clerk's office at (563)
589 -4120 or TDD at
(563) 690 -6678 at least
48 hours prior to the
meeting.
Published by order of
the City Council given
on the 7th day of
November, 2011.
Kevin S. Firnstahl
City Clerk
It 11/25
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: November 25, 2011, and for which the charge is $20.42.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /42,-- day of e«4,7-4.1 , 20 // .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMs Y _'' 41
Commission Num; r i5.;.
RESOLUTION NO. 414 -11
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE LOWER BEE BRANCH CREEK OVERLOOK
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for
the Lower Bee Branch Creek Overlook Project, in the estimated amount of
$1,170,411.00, are hereby approved.
Attest:
Passed, adopted and approved this 5th day of Decembe22011.
Kev . • Firnstah City Jerk
Roy D. Bud, Mayor
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Lower Bee Branch Creek Overlook Project
CIP #7201654
DATE: November 1, 2011
Dubuque
AI-Amato fly
f
s
2007
City Engineer Gus Psihoyos recommends initiation of the public bidding process for the
Lower Bee Branch Creek Overlook Project, and further recommends that a public
hearing be set for December 5, 2011.
concur with the recommendation and respectfully request Mayor and City Council
approval.
aeI C.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Van an Mi •en
Masterpiece on the Mississippi
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Lower Bee Branch Creek Overlook Project (CIP #7201654)
DATE: October 28, 2011
Dubuque
kdkil
I
I
2007
INTRODUCTION
The purpose of this memo is to seek authorization to initiate the public bidding
procedures and establish the date of a public hearing for the Lower Bee Branch Creek
Overlook Project.
BACKGROUND
On October 4, 2010 the City Council passed Resolution 390 -10 authorizing an
application for Vision Iowa River Enhancement Community Attraction and Tourism
(RECAT) grant funding specifically for amenities associated with the Bee Branch Creek
Restoration Project.
On April 4, 2011 the City Council passed Resolution 114 -11 approving and authorizing
the execution of the RECAT Grant Agreement.
DISCUSSION
The RECAT grant application and grant agreement include funding for two scenic
overlooks along the Lower Bee Branch Creek Project: one east of Sycamore Street
near the 16th Street Detention Basin and one on 16th Street west of Sycamore Street.
The location of the proposed overlook near the basin (Basin Overlook) is shown in
Figure 1. Figure 2 shows a rendering of the proposed Basin Overlook presented to the
City Council at the September 9, 2011 City Council Work Session. The location of the
overlook west of Sycamore Street (16th Street Overlook) is shown in Figure 3. Figure 4
shows a rendering of the 16th Street Overlook presented to the City Council at the
September 9, 2011 City Council Work Session. Figure 5 shows an artist's rendering of
the 16th Street Overlook and the Lower Bee Branch Creek Restoration Project from the
viewpoint of standing at Maple and 16th Street looking to the east towards the new
Sycamore Street Bridge.
The overlooks include drinking fountains, bike racks, trash receptacles, benches,
lighting, trees, shrubs, interpretive signs, and a blue Tight, 911 kiosk.
Figure I. Location of proposed Lower Bee Branch Basin Overlook.
Figure 2. Rendering of the Lower Bee Branch Creek Basin Overlook.
VINIIIIMIPIMIllka
2
Figure 3. Location of the ^rte �`
d Lower Bee Branch 16th Street Overlook.
Figure 4. Rendering of the Lower Bee Branch Creek 16th Street Overlook.
3
Figure 5. Artist's rendering of the proposed 16th Street overlook.
Y .,� ,tom •
.1 1 o, w
As part of the America's River III fundraising campaign, the 16th Street Overlook was
sponsored by Dupaco Community Credit Union and the Basin Overlook was sponsored
by U. S. Bank.
The schedule for the Lower Bee Branch Creek Overlook Project is as follows:
Initiate Public Bidding Processing
Advertisement for Bids
Publish Notice of Hearing on Plans & Specifications
Public Hearing
Receipt of Bids
Award of Contract
Notice to Proceed
Construction Complete
November 7, 2011
November 11, 2011
November 18, 2011
December 5, 2011
December 8, 2011
December 19, 2011
January 2, 2012
June 1, 2012
RECOMMENDATION
I recommend that the City Council establish the date for the public hearing and
authorize the City Clerk to advertise for proposals for the Lower Bee Branch Creek
Overlook Project.
4
BUDGET IMPACT
The estimate of probable costs for the Lower Bee Branch Creek Overlook Project is as
follows:
Construction $ 1,014,011.00
Contingency 50,000.00
Engineering 106,400.00
Total Project Cost $1,170,411.00
The funding summary is as follows:
CIP No. Fund Description Fund Amount
7201654 Lower Bee Branch Creek Basin Overlook Project $1,170,411.00
Vision Iowa RECAT Grant Funding $188,504.64
City share $1,151906.36
ACTION TO BE TAKEN
I respectfully request that the City Council adopt the attached resolutions that establish
the date of the public hearing and authorize the City Clerk to advertise for proposals for
the Lower Bee Branch Creek Overlook Project.
Prepared by Deron Muehring, Civil Engineer 11
cc: Barry Lindahl, City Attorney
Jenny Larson, Budget Director
Marie Ware, Leisure Services Manager
Deron Muehring, Civil Engineer II
5
RESOLUTION NO. 372 -11
LOWER BEE BRANCH CREEK OVERLOOK PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING
ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST; AND ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost
for the Lower Bee Branch Creek Overlook Project, in the estimated amount of
$1,170,411.00, are hereby preliminarily approved and ordered filed in the office
of the City Clerk for public inspection.
A public hearing will be held on the 5th day of December, 2011, at 6:30
p.m. in the Historic Federal Building Council Chambers at which time interested
persons may appear and be heard for or against the proposed plans and
specifications, form of contract and estimated cost of said Project, and the City
Clerk be and is hereby directed to cause the attached notice of the time and
place of such hearing to be published in a newspaper having general circulation
in the City of Dubuque, Iowa, which notice shall be published not Tess than four
days nor more than twenty days prior to the date of such hearing. At the hearing,
any interested person may appear and file objections to the proposed plans,
specifications, form of contract, or estimated cost of the Project.
The Lower Bee Branch Creek Overlook Project is hereby ordered to be
advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount
which shall conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction
of the improvements herein provided, by publishing the attached Notice to
Bidders to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published not less than four but not more
than forty -five days before the date for filing bids before 2:00 p.m. on the 8th day
of December, 2011. Bids shall be opened and read by the City Clerk at said time
and will be submitted to the City Council for final action, at 6:30 p.m., in the
Historic Federal Building Council Chambers (second floor), 350 West 6th Street,
Dubuque, Iowa, on the 19th day of December, 2011.
Passed, approved and adopted this 7th a of oveml�e011.
Attest:
Kevin = irnstahl, City Clerk
Roy D. Buol, Mayor
NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST FOR THE LOWER BEE BRANCH
CREEK OVERLOOK PROJECT
NOTICE IS HEREBY GIVEN: The City Council of the City of Dubuque,
Iowa will hold a public hearing on the proposed plans, specifications, form of
contract and estimated cost for the Lower Bee Branch Creek Overlook Project, in
accordance with the provisions of Chapter 26, Code of Iowa, at 6:30 p.m., on the
5th day of December, 2011, in the Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque, Iowa. Said proposed plans,
specifications, form of contract and estimated cost are now on file in the office of
the City Clerk. At said hearing any interested person may appear and file
objections thereto.
The scope of the Project is as follows:
Project consists of the construction of two overlook, plaza areas adjacent
to the Bee Branch Creek. The work includes the construction of two pavilions,
7,500 square feet of PCC sidewalk, lighting, drinking fountains, bike racks, trash
receptacles, benches, trees, shrubs, interpretive signs, and a blue Tight, 911
kiosk.
Any visual or hearing- impaired persons needing special assistance or
persons with special accessibility needs should contact the City Clerk's office at
(563) 589 -4120 or TDD at (563) 690 -6678 at least 48 hours prior to the meeting.
Published by order of the City Council given on the day of
2011.
Kevin S. Firnstahl, City Clerk
NOTICE TO BIDDERS
CITY OF DUBUQUE PUBLIC IMPROVEMENT PROJECT
LOWER BEE BRANCH CREEK OVERLOOK PROJECT
Time and Place for Filing Sealed Proposals. Sealed bids for the work
comprising each improvement as stated below must be filed before 2:00 p.m. on
December 8, 2011, in the Office of the City Clerk, City Hall - First Floor, 50 West
13th Street, Dubuque, Iowa.
Time and Place Sealed Proposals Will be Opened and Considered. Sealed
proposals will be opened and bids tabulated at 2:00 p.m. on December 8, 2011,
at City Hall - Conference Room A, 50 West 13th Street, Dubuque, Iowa, for
consideration by the City Council (Council) on December 19, 2011. The City of
Dubuque, Iowa, reserves the right to reject any and all bids.
Time for Commencement and Completion of Work. Work on each
improvement shall be commenced within 10 days after the Notice to Proceed has
been issued and shall be complete by June 1, 2012.
Bid Security. Each bidder shall accompany its bid with a bid security as security
that the successful bidder will enter into a contract for the work bid upon and will
furnish after the award of contract a corporate surety bond, acceptable to the
governmental entity, for the faithful performance of the contract, in an amount
equal to one hundred percent of the amount of the contract. The bid security
shall be in the amount of ten percent (10 %) of the amount of the contract and
shall be in the form of a cashier's check or certified check drawn on a state -
chartered or federally chartered bank, or a certified share draft drawn on a state -
chartered or federally chartered credit union, or the governmental entity may
provide for a bidder's bond with corporate surety satisfactory to the governmental
entity. The bid bond shall contain no conditions excepted as provided in this
section.
Contract Documents. Copies of the Bidding Documents may be obtained at the
City of Dubuque Engineering Department, 50 W. 13th Street, Dubuque, IA 52001,
563 - 589 -4270. There is no plan deposit.
Preference for Iowa Products and Labor. By virtue of statutory authority,
preference will be given to products and provisions grown and coal produced
within the State of Iowa, and to Iowa domestic labor, to the extent lawfully
required under Iowa statutes.
Sales Tax. The bidder should not include sales tax in its bid. A sales tax
exemption certificate will be available for all material purchased for incorporation
in the project.
General Nature of Public Improvement.
Lower Bee Branch Creek Overlook Project
CIP: 7201654
Project consists of the construction of two overlook, plaza areas adjacent to the
Bee Branch Creek. The work includes the construction of two pavilions, 7,500
square feet of PCC sidewalk, lighting, drinking fountains, bike racks, trash
receptacles, benches, trees, shrubs, interpretive signs, and a blue Tight, 911
kiosk.
Pre -Bid Construction Conference. No Pre -Bid Conference is planned.
Published in the Telegraph Herald, November 11, 2011.
Preparer: Barry A. Lindahl, Esq. Suite 330, Harbor View Place, 300 Main Street, Dubuque, IA 52001 (563) 583 -4113
RESOLUTION NO. 114
-11
APPROVING THE RIVER ENHANCEMENT COMMUNITY ATTRACTION AND
TOURISM PROGRAM GRANT AGREEMENT BETWEEN THE VISION IOWA BOARD
AND THE CITY OF DUBUQUE, IOWA FOR THE BEE BRANCH CREEK
RESTORATION PROJECT
WHEREAS, the River Enhancement Community Attraction and Tourism
(RECAT) Program was established by the Iowa Legislature and the Governor of Iowa to
support community projects that build on Iowa's unique assets and values and expand
the recreational, cultural, educational, and entertainment opportunities that relate to,
connect with and enhance rivers., lakes, and. river corridors in Iowa; and
WHEREAS, the City of Dubuque submitted an application to the Vision Iowa
Board requesting RECAT assistance to help finance the Bee Branch Creek Restoration
Project (the Project); and
WHEREAS, the Vision Iowa Board found the Project to meet the requirements
established for participation in the RECAT Program; and
WHEREAS, the Board unanimously voted to award a grant of Two Million, Two
Hundred Fifty Thousand Dollars ($2,250,000) to assist in funding the Project, subject to
the terms and conditions of the River Enhancement Community Attraction and Tourism
Program Grant Agreement attached hereto; and
WHEREAS, the City Council has determined that execution of the River
Enhancement Community Attraction and Tourism Program Grant Agreement is in the
best interests of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The River Enhancement Community Attraction and Tourism Program
Grant Agreement is hereby approved.
Section 2. The City Manager is hereby authorized to execute the Grant
Agreement and such other documents as are necessary to bind the City and to deliver
the Grant Agreement and such other documents as the Vision Iowa Board or the
Board's legal counsel may reasonably request.
Passed, approved and adopted this 4th day of April , 2011.
Attest:
nne F. Schneider, City Clerk
Roy D : uol, Mayor
F: \USERS \Laserfiche Legal \Vision Iowa Grant\ ResolutionApprovingRiverEnhancementCommunityAttraction &TourisM_033111.doc
CERTIFICATE OF CITY CLERK
STATE OF IOWA )
)
COUNTY OF DUBUQUE )
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and
acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I
have in my possession or have access to the records of the proceedings of the City
Council. I do further state that the hereto attached Resolution No. 114 -11 is a correct
copy of the original Resolution No. 114 -11 approved and adopted by the City Council
of the City of Dubuque, Iowa, at a session held by said Council on the 4th day of April,
2011.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa on this 5th day of April, 2011.
eanne F. Schneider, CMC
City Clerk
(SEAL)
VISION
I
RIVER ENHANCEMENT COMMUNITY ATTRACTION AND TOURISM PROGRAM
(RECAT) GRANT AGREEMENT
RECIPIENT: City of Dubuque
RECAT NUMBER: 11 -RECAT -004
EFFECTIVE DATE: March 9, 2011 •
PROJECT NAME: Bee Branch Creek Restoration Project
TOTAL GRANT AMOUNT: $2,250,000
PROJECT COMPLETION DATE: March 31, 2013
This RIVER ENHANCEMENT COMMUNITY ATTRACTION AND TOURISM ( "RECAT ")
GRANT AGREEMENT is made by and between the Vision Iowa Board ( "Board" or " Vision Iowa "), and the
City of Dubuque ( "Recipient ").
WHEREAS, the River Enhancement Community Attraction and Tourism (RECAT) Program was
established by the Iowa Legislature and the Governor of Iowa to support community projects that build on Iowa's
unique assets and values and expand the recreational, cultural, educational, and entertainment opportunities that
relate to, connect with and enhance rivers, lakes, and river corridors in Iowa.
WHEREAS, Recipient submitted an application to the Vision Iowa Board requesting RECAT assistance
to help fmance the Project.
WHEREAS, the Vision Iowa Board found the Project to meet the requirements established for
participation in the RECAT Program.
WHEREAS, the Board, on March 9, 2011, unanimously voted to award a grant of Two Million, Two
Hundred Fifty Thousand Dollars ($2,250,000) to Recipient to assist in funding the Project, subject to the terms
and conditions herein.
NOW THEREFORE, in consideration of the mutual promises contained in this Agreement and intending
to be legally bound, the Vision Iowa Board and Recipient agree to the following terms of this grant:
ARTICLE 1
DEFINITIONS
As used in this Agreement, the following terms shall apply:
1.1 AGREEMENT EXPIRATION DATE "Agreement Expiration Date" means the date this Agreement
ceases to be in force and effect. The Agreement expires upon the occurrence of one of the following: a) this
Agreement is terminated by the Board pursuant to Article 8; b) no disbursement of RECAT funds has occurred
within the twelve (12) months immediately following the Effective Date; or c) through the Project Completion
Date, a reasonable period of time after the Period Completion Date during which 1DED will conduct closeout
RECAT Grant Agreement
Format approved 2/10
RECAT Agreement Number: 11 -RECAT -004, City of Dubuque
procedures, and until IDED has provided Recipient with written notice of final closeout of this Agreement.
1.2 EFFECTIVE DATE "Effective Date" means the date stated above on which the terms of this
Agreement become in force and effect.
1.3 GRANT "Grant" means an award of assistance, with the fulfillment of the conditions of the award,
where repayment of funds is not required.
1.4 GRANT AGREEMENT or AGREEMENT "Grant Agreement" or - "Agreement" means this
document, the Project budget and all of the notes, leases, assignments, mortgages, and similar documents referred
to in this document and all other instruments or documents executed by the Recipient or otherwise required in
connection with this grant award.
1.5 PROJECT "Project" means the detailed description of the work, services, and other obligations to be
performed or accomplished by the Recipient as described in this Agreement, Exhibit C - Program Description and
Budget, and the RECAT Application as approved by the Board (Exhibit A).
1.6 PROJECT COMPLETION DATE "Project Completion Date" means March 31, 2013, which the
date by which the Project tasks shall have been fully accomplished.
ARTICLE 2
IDENTITY OF THE PARTIES
2.1 The Vision Iowa Board is a public instrumentality of the State of Iowa that was legislatively created
to organize, establish, oversee and approve the administration of the Vision Iowa Program and the River
Enhancement Community Attraction and Tourism Program. Iowa Code chapter 15F authorizes the Board and its
programs. The Board's address is 200 East Grand Avenue, Des Moines, IA 50309.
4864.
2.2 The City of Dubuque is an Iowa municipality located at 50 W 13th Street, Dubuque, Iowa 52001-
ARTICLE 3
FUNDING
3.1 FUNDING SOURCE The source of funding for the award is funds legally available to the Board in
the River Enhancement Community Attraction and Tourism Fund established pursuant to Iowa Code section
15F.205 (2009). The funds of the State of Iowa, other than those of the .River Enhancement Community
Attraction and Tourism Fund, are not obligated or available to meet any obligations of the Board created by this
Agreement, and this Agreement shall not constitute an obligation or debt of the Board or the State except to the
extent expressly described herein from funds on hand legally available for such purposes.
3.2 RECEIPT OF FUNDS All payments under this Agreement are subject to possession by the Board of
sufficient funds for the River Enhancement Community Attraction and Tourism Program. Any termination,
2
RECAT Grant agreement
RECAT Agreement Number: 11 -RECAT -004, City of Dubuque
reduction or delay of River Enhancement Community Attraction and Tourism funds to the Board may, in the
Board's sole discretion, result in the termination, reduction or delay of River Enhancement Community Attraction
and Tourism funds to the Recipient.
ARTICLE 4
TERMS OF GRANT
4.1 GRANT The Board shall make a Grant in the amount first stated herein to the Recipient to assist in
financing the Project, all subject to the terms and conditions of this Agreement. A copy of Recipient's Application
describing the Project is an integral part of this Agreement and marked as Exhibit A. Due to its size Exhibit A will
not be attached to this Agreement, but will be kept on file at the Iowa Department of Economic Development.
4.2 MAXIMUM PAYMENTS It is expressly understood and agreed that the maximum amounts to be
paid to the Recipient by the Board for Project activities shall conform to the budget as presented in Agreement
Exhibit C - Program Description and Budget. It is further understood and agreed that the total of all payments to
the Recipient by the Board for Project activities shall not exceed the Award Amount unless modified by written
amendment of this Agreement.
4.3 USE OF FUNDS The Recipients hereby agree to construct and operate the Project as described in its
RECAT Application Exhibit A, as approved by the Board, and Exhibit C, Project Description and Budget.
Recipient shall maintain the Project in accordance with the representations in Exhibits A and C during the term of
this Agreement. The Recipients shall allow the Board, its internal or external auditors, the Iowa Department of
Economic Development, the Auditor of the State of Iowa, the Treasurer of the State of Iowa, the Attorney General
of the State of Iowa or the Iowa Division of Criminal Investigations to inspect the Project facilities at all
reasonable times in order to monitor and evaluate performance with Iowa law and the terms of this Agreement.
4.4 ACCOUNTING RECORDS; ACCESS TO RECORDS The Recipient is required to maintain its
books, records and all other evidence pertaining to this Agreement in accordance with generally accepted
accounting principles and such other procedures specified by the Board. Records to verify compliance with the
terms of this Agreement shall be available at all times and made available to the Board and its designees at places
and times designated by the Board. These records shall be available to the Board, its internal or external auditors,
the Iowa Department of Economic Development, the Auditor of the State of Iowa, the Treasurer of the State of
Iowa, the Attorney General of the State of Iowa and the Iowa Division of Criminal Investigations at all times
during the Agreement's duration and any extension thereof, and for three (3) full years from the Agreement
Expiration Date.
4.5 DOCUMENTATION Within 10 days of its receipt of a written request from the Board, the Recipient
shall deliver to the Board, upon request, (i) copies of all agreements or documents relating to the Project, (ii)
copies of all invoices, receipts, statements or vouchers relating to the Project, (iii) a list of all unpaid bills for labor
and materials in connection with the Project, (iv) budgets and revisions showing estimated Project costs and funds
required at any given time to complete and pay for the Project.
4.6 COST VARIATION In the event that the total Project cost is less than the amount specified in the
Agreement, Exhibit C, Program Description and Budget, the RECAT participation shall be reduced by the same
3
RECAT Grant agreement
RECAT Agreement Number: 11 -RECAT -004, City of Dubuque
ratio as the RECAT funds to the total amount spent to complete the Project. Any disbursed excess above the
reduced RECAT participation amount shall be returned immediately to the Board.
Example:
If the total amount spent to complete the project is less that the total project cost specified in
Exhibit C of the RECAT Agreement, the percentage of the RECAT Award as it relates to the total
amount spent to complete the project is calculated. This percentage is then taken times the
original amount of the RECAT Award, and the resulting amount is what must be returned.
- Funded numbers from Exhibit C of the RECAT Agreement
• The funded project had a total project cost listed in Exhibit C of $1,000,000
• The funded project had a total RECAT allocation listed in Exhibit C of $200,000
• The funded project had a total local contribution listed in Exhibit C of $800,000
Completed project numbers
• The project, when completed had a total cost of $900,000
Calculation of the amount to be returned
• The RECAT award ($200,000) is 22.22% of the completed project total ($900,000) •
• $44,440 (22.22 %) of the RECAT award ($200,000) listed in Exhibit C must be returned to the
Board
4.7 PRIOR COSTS No expenditures made prior to the Effective Date may be included as Project costs
for the purposes of this Agreement.
4.8 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT If substantial progress
toward work activities as specified in the Agreement, Exhibit C - Program Description and Budget, has not been
made within one hundred eighty (180) days of the Effective Date of this Agreement, then the Board shall be under
no obligation for further disbursement. The Recipient shall be obligated to the extent of award proceeds received
prior to that date.
4.9 CONVEYANCE OF PROJECT PROPERTY For the duration of this Agreement and for a period
of three (3) years from the Project Completion Date, the Recipient shall not sell, transfer, convey, assign,
encumber or otherwise dispose of all or any portion of the Project property as described in Exhibit A, without the
written permission of the Board, which permission may be withheld in the sole discretion of the Board.
Should the Board grant permission to the Recipient to sell, transfer, convey, assign, - encumber or
otherwise dispose of any Project property, the Recipient shall repay the full amount of the grant award plus a pro -
rata share of the profits realized by the sale of the Project property. The RECAT. Program shall be entitled to a
percentage of the profit realized on any sale of Project property. The percentage of profit to be allocated to the
Vision Iowa Board shall be commensurate with the financial assistance contributed to the Project by the Board.
Provided, however, that the Board may waive its right to reimbursement, in whole or in part, if the Board
determines, in its sole discretion, that the public interest would best be served thereby.
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RECAT Grant agreement
RECAT Agreement Number: 11 -RECAT -004, City of Dubuque
ARTICLE 5
CONDITIONS TO DISBURSEMENT AND DISBURSEMENT OF FUNDS
5.1 CONDITIONS TO DISBURSEMENT. The following conditions shall be met before the Board
disburses funds to Recipient:
(a) AGREEMENT EXECUTED This Grant Agreement shall have been properly executed and returned
to the Board within forty-five (45) days of the Board's transmittal of the final Agreement to Recipient.
(b) BINDING FINANCIAL COMMITMENTS Recipient shall obtain, to the satisfaction of the Board,
all other legally binding financial commitments necessary to complete the Project. Failure to secure and submit
documentation of such commitments to the Board within ninety (90) days of the Effective Date of this Agreement
shall be grounds for termination of this Agreement.
i. The project will contain all components originally proposed in the application.
ii. The award is contingent on completed fundraising within 60 days of the award date.
iii. The award shall be made pursuant to contingencies outlined in a contract approved by all
parties.
(c) SUBMISSION OF RECIPIENT DOCUMENTATION Prior to making any payment on the Grant,
Recipient shall have submitted the following documents to the Board:
(i) A resolution of the City Council authorizing the execution and delivery by the City of this
Agreement and such other documents as the Board or the Board's legal counsel may reasonably
request, and specifying the officer(s) authorized to execute the Agreement and such other documents
that are necessary to bind the City.
(ii) Evidence, acceptable to the Board or the Board's legal counsel, of all other funding sources that
have been committed to this Project
(iii) Complete / submit form "W -9, Request for taxpayer identification number and certification."
5.2 (a) DISBURSEMENT OF FUNDS
All disbursements of proceeds shall be subject to receipt by the Board of requests for disbursement
submitted by the Recipient. Requests for disbursement shall be in form and content acceptable to the Board.
Recipient or their designee shall request disbursement by submitting the request form provided by the
Board (as the same may be modified from time to time by the Board) to the Board or its designee itemizing
Recipient's total actual allowable expenses, if any. Expenses shall be documented in a manner acceptable to the
Board or its designee.
The Board or its designee will review the requestand, if acceptable to the Board or its designee, will
make the appropriate disbursement from the River Enhancement Community Attraction and Tourism Fund.
The disbursement authorized by the Board or its designee will be limited to a pro -rata portion of the
Recipient's allowable expenses for the relevant period.
Recipients shall notify the Board within thirty (30) days if the estimated value of the Project changes
by more than five percent (5 %). Upon notice of change in the estimated value of the Project, the Board may
exercise its discretion to adjust the disbursement ratio accordingly.
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RECAT Grant agreement
RECAT Agreement Number: 11 -RECAT -004, City of Dubuque
(b) METHOD OF PAYMENT Prior to disbursement, the Recipient shall specify the account to receive
the funds. River Enhancement Community Attraction and Tourism Grant Funds shall be maintained in a
segregated account and shall not be commingled with other funds.
(c) SUSPENSION OF DISBURSEMENT Upon the occurrence of an event of default (as defined in this
Agreement) by the Recipient, the Board or its designee may suspend payments to the Recipient until such time as
the default has been cured to the Board's satisfaction. Notwithstanding anything to the contrary in this
Agreement, upon a termination of this Agreement on account of an event of default by the Recipient, Recipient
will no longer have the right to receive any disbursements after the effective date of default.
(d) INVESTMENT OF GRANT FUNDS In the event that the grant funds are not immediately utilized,
temporarily idle grant funds held by the Recipient may be invested provided such investments shall be in
accordance with State law, including but not limited to the provisions of Iowa Code chapter 12C concerning the
deposit of public funds. Interest accrued on temporarily idle grant funds held by the Recipient shall be credited to
and expended on the Project prior to the expenditure of other grant proceeds.
All proceeds remaining, including accrued interest, after all allowable Project costs have been paid or
obligated shall be returned to the Board within thirty (30) days after the Project Completion Date. Within ten (10)
days of receipt of a written request from the Board, Recipient shall inform the Board in writing of the amount of
unexpended grant funds in the Recipient's possession or under the Recipient's control, whether in the form of cash
on hand, investments, or otherwise.
ARTICLE 6
REPRESENTATIONS AND WARRANTIES OF RECIPIENT
To induce the Board to make the Award referred to in this Agreement, the Recipient represents, covenants, and
warrants that:
6.1 AUTHORITY The Recipient is duly organized and validly existing under the laws of the State and is
in good standing, and has complied with all applicable laws of the State of Iowa. The Recipient is duly authorized
and empowered to execute and deliver this Agreement. All action on the part of the Recipient, such as appropriate
resolution of their governing body for the execution and delivery of the Agreement, has been effectively taken.
6.2 FINANCIAL INFORMATION All financial statements and related materials concerning the
Recipient and the Project provided to the Board are true and correct in all material respects and completely and
accurately represent the subject matter thereof as of the effective date of the statements and related materials, and
no material adverse change has occurred since that date.
6.3 APPLICATION The contents of the RECAT Application submitted by the Recipient to the Board
for RECAT funding is a complete and accurate representation of the Recipient and the Project as of the date of
submission and there has been no material adverse change in the organization, operation, Recipient prospects,
fixed properties, key personnel or Project plan of the Recipient since the date the Recipient submitted the RECAT
Application to the Board.
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RECAT Grant agreement
RECAT Agreement Number: 11 -RECAT -004, City of Dubuque
6.4 CLAIMS AND PROCEEDINGS There are no actions, lawsuits or proceedings pending or, to the
knowledge of the Recipient, threatened against the Recipient affecting in any manner whatsoever their right to
execute the Agreement or the ability of the Recipient to make the payments required under the Agreement, or to
otherwise comply with the obligations of the Recipient contained under the Agreement. There are no actions,
lawsuits or proceedings at law or in equity, or before any governmental or administrative authority pending or, to
the knowledge of the Recipient, threatened against or affecting the Recipient or the Project.
6.5 EFFECTIVE DATE The covenants, warranties and representations of this Article are made as of the
date of this Agreement and shall be deemed to be renewed and restated by the Recipient at the time of each
advance or request for disbursement of funds.
6.6 PROJECT VALUE Based on all information known or that should be known by the Recipients the
estimated value of the Project is Twelve Million, One Hundred Thousand, Eight Hundred Eighty -seven Dollars
($12,100,887). Recipient shall notify the Board within thirty days (30) if the estimated .value of the Project
changes by more than five percent (5 %).
ARTICLE 7
COVENANTS OF RECIPIENT
• 7.1 AFFIRMATIVE COVENANTS. Until the terms of this Agreement are fulfilled, the Recipient
covenants to the Board that:
(a) COMPLETE PROJECT BY PROJECT COMPLETION DATE; OPERATION AND
MAINTENANCE The Recipient shall complete the Project by the Project Completion Date. For the purposes of
this section "complete" means the Project is fully constructed and operational at a level acceptable to the Board.
For the duration of this Agreement, the Recipient shall operate and maintain the Project facilities at a level
acceptable to the Board.
(b) ACCOUNTING RECORDS; ACCESS TO RECORDS The Recipient is required to maintain its
books, records and all other evidence pertaining to this Agreement in accordance with generally accepted
accounting principles and such other procedures specified by the Board. Records to verify compliance with the
terms of this Agreement shall be available at all times and made available to the Board and its designees at places
and times designated by the Board. These records shall be available to the Board, its internal or external auditors,
the Iowa Department of Economic Development, the Auditor of the State of Iowa, the Treasurer of the State of
Iowa, the Attorney General of the State of Iowa and the Iowa Division of Criminal Investigations at all times
during the Agreement's duration and any extension thereof, and for three (3) full years from the Agreement
Expiration Date.
(c) DOCUMENTATION Within 10 days of its receipt of a written request from the Board, the Recipient
shall deliver to the Board, upon request, (i) copies of all agreements or documents relating to the Project, (ii)
copies of all invoices, receipts, statements or vouchers relating to the Project, (iii) a list of all unpaid bills for labor
and materials in connection with the Project, (iv) budgets and revisions showing estimated Project costs and funds
required at any given time to complete and pay for the Project.
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RECAT Grant agreement
RECAT Agreement Number: 11 -RECAT -004, City of Dubuque
(d) NOTICE OF PROCEEDINGS The Recipient shall promptly notify Board of the initiation of any
claims, lawsuits, bankruptcy proceedings or other proceedings brought against the Recipient which would
adversely impact the Project.
(e) REPORTS The Recipient shall prepare, sign and submit the requests and reports as specified below
in the form and content specified by the Board. The Recipient shall review all reimbursement requests and verify
that claimed expenditures are allowable costs. The Recipient shall maintain documentation adequate to support
the claimed costs.
(i) Recipient shall submit its annual audited financial statements. If required by the Board,
Recipient shall submit more frequent financial statements such as an income, expense, and retained
earnings statement covering the period having elapsed from the date of the last prior submission and a
balance sheet which is not more than thirty (30) days old. Year -end statements must be certified by a
Certified Public Accountant (CPA) and must be received by the Board within two hundred seventy (270)
days following the Recipient's fiscal year end.
(ii) Recipient shall submit to the Board Final Performance, and Audit Reports within sixty (60)
days after the date on which the Project is first permanently open to the public.
The Board reserves the right to require more frequent submission of any of the above reports if, in the opinion of
the Board, more frequent submissions would help improve the Recipient's Project performance.
(f) NOTICE OF RECIPIENT CHANGES The Recipient shall provide prompt advance notice to the
Board of any proposed change in the Recipient's ownership, structure, or control that would materially affect the
Proj ect.
(g) NOTICE OF MEETINGS The Recipient shall notify the Board at least ten (10) working days in
advance of all meetings of its governing body at which the subject matter of this Agreement or Project is proposed
to be discussed. The Recipient shall provide the Board with copies of the agenda and minutes of such meetings
and expressly agrees that a representative of the Board has a right to attend any and all such meetings for the
purposes of the discussion of this Project.
(h) INDEMNIFICATION The Recipient shall indemnify, defend and hold harmless the Board, the State
of Iowa, its departments, divisions, agencies, sections, commissions, officers, employees and agents from and
against all losses, liabilities, penalties, fines, damages and claims (including taxes), and all related costs and
expenses (including reasonable attorneys' fees and disbursements and costs of investigation, litigation, settlement,
judgments, interest and penalties), arising from or in connection with any of the following:
(i) Any claim, demand, action, citation or legal proceeding arising out of or resulting from
the Project;
(ii) Any claim, demand, action, citation or legal proceeding arising out of or resulting from a
breach by the Recipients of any representation or warranty made by the Recipient in the
Agreement;
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RECAT Grant agreement
RECAT Agreement Number: 11 -RECAT -004, City of Dubuque
(iii) Any claim, demand, action, citation or legal proceeding arising out of or related to
occurrences that the Recipient is required to insure against as provided for in this
Agreement; and
(iv) Any claim, demand, action, citation or legal proceeding which results from an act or
omission of the Recipient or any of their agents in its or their capacity as an employer of
a person.
(i) PROJECT FEES. The Recipient shall promptly pay all appraisal, survey, recording, title, license,
permit and other fees and expenses incurred incident to the project funded by this Agreement.
(j) INTEREST AND SURPLUS PROCEEDS. The Recipient shall return all unexpended Grant
proceeds and interest accrued on Grant proceeds to the Board within thirty (30) days after the Project Completion
Date.
7.2 NEGATIVE • COVENANTS. Throughout the terms of this Agreement, the Recipient shall not,
without prior written disclosure to the Board and prior written consent of the Board (unless. Board prior approval
is expressly waived below), directly or indirectly:
(a) RECIPIENT'S INTEREST Assign, waive or transfer any of Recipient's rights, powers, duties or
obligations under this Agreement.
(b) PROPERTY /COLLATERAL Sell, transfer, convey, assign, encumber or otherwise dispose of any
of the real property or the Project.
(c) RESTRICTIONS Place or permit any restrictions, covenants or any similar limitations on the real
property or the Project.
(d) REMOVAL OF PROJECT PROPERTY Remove from the Project site or the State all or any part
of the Project property.
(e) RECIPIENT OWNERSHIP Materially change in the ownership, structure, or control of the
Recipient affecting the Project, including but not limited to, entering into any merger or consolidation with any
person, firm or corporation or permitting substantial distribution, liquidation or other disposal of Recipient assets
directly associated with the Project. Changes in the Recipient's ownership, structure or control which do not
materially affect the Project shall require forty -five (45) days prior written notice of the Board, but not written
consent of, the Board. The materiality of the chang9 and whether or not the change affects the Project shall be
determined by the Board.
(f) RECIPIENT OPERATION Materially change the scope or use of the Project or the nature of the
business and activities being conducted, or proposed to be conducted by Recipient, as described in the Recipient's
approved application for RECAT funding, Exhibit A of this Agreement, unless approved in writing by the Board
prior to the change.
(g) PROGRAM INCOME Retain program income from the Project except as permitted in the
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RECAT Grant agreement
RECAT Agreement Number: 11 -RECAT -004, City of Dubuque
Implementation Plan submitted by the Recipient and approved by the Board.
ARTICLE 8
DEFAULT; REMEDIES; AND TERMINATION
8.1 NOTICE OF EVENT(S) OF DEFAULT The Recipient shall promptly notify the Board upon
becoming aware of an actual or imminent Event of Default by Recipient.
. 8.2 EVENT(S) OF DEFAULT Each of the following shall constitute an Event of Default under this
Agreement:
(a) MATERIAL MISREPRESENTATION If at any time any representation, warranty or statement
made or furnished to the Board by, or on behalf of, the Recipient in connection with this Agreement or to induce
the Board to make a Grant to the Recipient on behalf of the Recipient shall be determined by the Board to be
incorrect, false, misleading or erroneous in any material respect when made or furnished and shall not have been
remedied to the Board's satisfaction within thirty (30) days after written notice by the Board is given to the
Recipient.
(b) NONCOMPLIANCE If there is a failure by the Recipient to comply with any of the covenants, terms
or conditions contained in this Agreement or documents executed pursuant to this Agreement.
(c) FAILURE TO COMPLETE PROJECT If the Project, in the sole judgment of the Board, is not
completed on or before the Project Completion Date. For the purposes of this section, "completed" means the
Project is fully constructed and operational.
(d) FAILURE TO OPERATE AND MAINTAIN If the Recipient fails to operate and maintain the
Project facilities for the duration of this Agreement.
(e) RECIPIENT CHANGES If there is a material change in the Recipient's ownership, structure, or
control that occurs without the prior written disclosure to and if required, written permission of the Board.
(f) MISSPENDING If the Recipient expends Loan/Forgivable Loan or Grant proceeds for purposes not
described in the RECAT Application, as approved by Board, Exhibit A, and Exhibit C, Program Description and
Budget.
(g) INSOLVENCY OR BANKRUPTCY If the Recipient becomes insolvent or bankrupt, or admits in
writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors, or the
Recipient applies for or consents to the appointment of a trustee or receiver for the Recipient or for the major part
of its property; or if a trustee or receiver is appointed for the Recipient or for all or a substantial part of the assets
of the Recipient and the order of such appointment is not discharged, vacated or stayed within sixty (60) days
after such appointment; or if bankruptcy, reorganization, arrangement, insolvency, or liquidation proceedings or
other proceedings for relief under any bankruptcy or similar law or laws for the relief of debtors, are instituted by
or against the Recipient and, if instituted against the Recipient , is consented to, or, if contested by the Recipient is
not dismissed by the adverse parties or by an order, decree or judgment within sixty (60) days after such
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RECAT Grant agreement
RECAT Agreement Number: 11 -RECAT -004, City of Dubuque
institution.
(h) INSURANCE If loss, theft, damage or destruction of any substantial portion of the Project property
occurs for which there is either no insurance coverage or for which, in the opinion of the Board, there is
insufficient insurance coverage.
(i) INSECURITY If the Board shall deem itself insecure in good faith and reasonably believes, after
consideration of all the facts and circumstances then existing, that the prospect of payment and satisfaction of the
obligations under this Agreement, or the performance of or observance of the covenants in this Agreement, or the
value of its collateral is or will be materially impaired.
(j) CONVEYANCE OF RESPONSIBILITIES If Recipient assigns, waives or transfers any of
Recipient's rights, powers, duties or obligations under this Agreement, without written permission of the Board.
(k) CONVEYANCE OF PROPERTY If Recipient sells, transfers, conveys, assigns, encumbers or
otherwise dispose of any real property of the Project without written permission of the Board.
8.4 NOTICE OF DEFAULT The Board shall issue a written notice of default providing therein a thirty
(30) day period in which the Recipient shall have an opportunity to cure, provided that cure is possible and
feasible.
8.5 REMEDIES UPON DEFAULT Upon the happening of any Event of Default, the Board shall have
the right to terminate this Agreement and to require immediate repayment of the full amount of funds disbursed to
the Recipient under this Agreement plus interest at the rate of ten percent (10 %) per annum without presentment,
demand, protest, notice of protest, notice of intention to accelerate or other notice of any kind, all of which are
expressly waived by the Recipient.
8.6 TERMINATION FOR CONVENIENCE In addition to termination due to an Event of Default or
nonappropriation of RECAT funds, this Agreement may be terminated in whole, or in part, when the Board and
the Recipient agree that the continuation of the Project would not produce beneficial results commensurate with
the future disbursement of funds.
8.7 PROCEDURE UPON TERMINATION If this Agreement is terminated for convenience, an Event
of Default or nonappropriation of RECAT funds, disbursements shall be allowed for costs up to the date of
termination determined by the Board to be in compliance with this Agreement. The Recipient shall return to the
Board all unencumbered. Grant proceeds within one (1) week of receipt of Notice of Termination. Any costs
previously paid by the Board which are subsequently determined to be unallowable through audit procedures shall
be returned to the Board within thirty (30) days of the disallowance.
ARTICLE 9
GENERAL TERMS AND PROVISIONS
9.1 BINDING EFFECT This Agreement shall be binding upon and shall inure to the benefit of the
Board and Recipient and their respective heirs, successors, legal representatives and assigns. The obligations,
11
RECAT Grant agreement
RECAT Agreement Number: 11 -RECAT -004, City of Dubuque
covenants, warranties, acknowledgments, waivers, agreements, terms, provisions and conditions of this
Agreement shall be jointly and severally enforceable against the parties to this Agreement.
9.2 TIMELY PERFORMANCE The parties agree that the dates and time periods specified in this
Agreement are of the essence to the satisfactory performance of this Agreement.
9.3 VISION IOWA RECOGNITION The Project shall permanently recognize, in a manner acceptable
to the Board, the financial contribution to the Project made by the State of Iowa through the River Enhancement
Community Attraction and Tourism Program.
9.4 COMPLIANCE WITH LAWS AND REGULATIONS
(a) The Recipient shall comply with all applicable State and federal laws, rules, ordinances, regulations
and orders. The Recipient shall comply with Board's administrative rules for the RECAT Program which are
located at 261 Iowa Administrative Code, Chapter 211.
(b) The Recipient shall comply with all applicable federal, state, and local laws, rules, ordinances,
regulations and orders when performing within the scope of this Agreement, including without limitation, all laws
applicable to the prevention of discrimination in employment, the administrative rules of the Iowa Department of
Management or the Iowa Civil Rights Commission which pertain to equal employment opportunity and
affirmative action, laws relating to prevailing wages, occupational safety and health standards, prevention of
discrimination in employment, payment of taxes, gift laws, lobbying laws, and laws relating to the use of targeted
small businesses as contractors or suppliers.
(c) The Recipient declares that it has complied or will comply, in a timely fashion, with all federal, state
and local laws regarding permits, licenses, and clearances that may be required to carry out the Project.
(d) As required by Iowa Code section 15F.106, the Recipient shall provide and pay at least fifty percent of
the costs of a standard medical insurance plan for all full -time employees working at the Project after the
completion of the Project.
(e) The Board may consider the failure of the Recipient to comply with any law or regulation as a
material breach of this Agreement. In addition, the Recipient may be declared ineligible for future River
Enhancement Community Attraction and Tourism Program assistance or be subjected to other sanctions, as
defined by law, for failure to comply with this section.
9.5 SURVIVAL OF AGREEMENT Each provision of this Agreement shall be deemed to be severable
from all other provisions of the Agreement and, if one or more of the provisions of the Agreement shall be
declared invalid, the remaining provisions of the Agreement shall remain in full force and effect.
9.6 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 Agreement 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
Agreement, the proceeding shall be brought in Des Moines, Iowa, in Polk County District Court for the State of
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RECAT Grant agreement
RECAT Agreement Number: 11 -RECAT -004, City of Dubuque
Iowa, if such court has jurisdiction. If however, such court lacks jurisdiction and jurisdiction lies only in a United
States District Court, the matter shall be commenced in the United States District Court for the Southern District
of Iowa, Central Division.
This provision shall not be construed as waiving any immunity to suit or liability, in state or federal court,
which may be available to the Vision Iowa Board, the State of Iowa or their Board members, officers, employees
or agents.
9.7 MODIFICATION Neither this Agreement nor any documents incorporated by reference in
connection with this Agreement may be changed, waived, discharged or terminated orally, but only as provided
below:
(a) WRITING REQUIRED The Agreement may only be amended through written prior approval of the
Board. Examples of situations where amendments are required include extensions for completion of Project
activities, changes to the Project including, but not limited to, alteration of existing approved activities or
inclusion of new activities.
(b) BOARD REVIEW The Board will consider whether an amendment request is so substantial as to
necessitate reevaluating the Board's original funding decision on the Project. An amendment will be denied by
the Board if it substantially alters the circumstances under which the Project funding was originally approved or if
it does not meet requirements set forth in Iowa Code chapter 15F or 261 Iowa Administrative Code, Chapter 211.
9.8 NOTICES Whenever this Agreement requires or permits any notice or written request by one party to
another, it shall be in writing, enclosed in an envelope, addressed to the party to be notified at the address
heretofore stated (or at such other address as may have been designated by written notice), properly stamped,
sealed and deposited in the United States Mail. Any such notice given hereunder shall be deemed delivered upon
the earlier of actual receipt or three (3) days after posting. The Board may rely on the addresses of the Recipient
as set forth heretofore.
9.9 WAIVERS No waiver by the Board of any default hereunder shall operate as a waiver of any other
default or of the same default on any future occasion. No delay on the part of the Board in exercising any right or
remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by the
Board shall preclude future exercise thereof or the exercise of any other right or remedy.
9.10 LIMITATION It is agreed by the Recipient that the Board shall not, under any circumstances, be
obligated financially under this Agreement except to disburse funds according to the terms of the Agreement.
9.11 ENFORCEMENT EXPENSES The Recipient shall pay upon demand any and all reasonable fees
and expenses relating to this project of the Board, including the fees and expenses of their attorneys, experts and
agents, in connection with the exercise or enforcement of any of the rights of the Board under the Agreement.
9.12 HEADINGS The headings in this Agreement are intended solely for convenience of reference and
shall be given no effect in the construction and interpretation of this Agreement.
9.13 EVENT OF BOARD DISSOLUTION Recipient hereby acknowledges that the Vision Iowa Board
is a public instrumentality of the State of Iowa and that, in the event that the Board is dissolved for any reason, the
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RECAT Agreement Number: 11 -RECAT -004, City of Dubuque
State of Iowa is entitled to enforce any right, title or interest held by the Board and that all Recipient's obligations
hereunder are also owed to the State of Iowa.
9.14 FINAL AUTHORITY The Board shall have the final authority to assess whether the Recipient has
complied with the terms of this Agreement. The Board's decision shall be final and binding on all questions
concerning the interpretation of this Agreement.
9.15 INTEGRATION This Agreement contains the entire understanding between the Recipient and the
Board relating to this Project and any representations that may have been made before or after the signing of this
Agreement, which are not contained herein, are nonbinding, void and of no effect. None of the Parties have relied
on any such prior representation in entering into this Agreement.
9.16 COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.
9.17 DOCUMENTS INCORPORATED BY REFERENCE The following documents are hereby
incorporated by reference:
(a) Exhibit A, RECAT Application, as approved by the Vision Iowa Board. Due to its size
Exhibit A will not be attached to this Agreement, but will be kept on file at the Iowa Department
of Economic Development.
(b) Exhibit B, Vision Iowa Board Award Letter.
(c) Exhibit C, Program Description and Budget.
9.18 ORDER OF PRIORITY In the event of a conflict between documents, the follow order or priority
shall be applied:
(a) Articles 1 -9 of this Grant Agreement.
(b) Exhibit C, Program Description and Budget.
(c) Exhibit B, Board Award Letter.
(d) Exhibit A, RECAT Application as approved by Board.
IN WITNESS WHEREOF in consideration of the mutual covenants set forth above and for other good
and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the
parties have entered into the above Agreement and have caused their duly authorized representatives to execute
this Agreement, effective as of the Effective Date first stated.
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RECAT Grant agreement
RECAT Agreement Number: 11 -RECAT -004, City of Dubuque
FOR THE VISION IOWA BOARD:
BY:
FOR RECIPIENT:
BY:
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RECAT Grant agreement
RECAT Agreement Number: 11 -RECAT -004, City of Dubuque
RECEIVED
11 MAY 24 MO: i : 43
City Clerk's Office
Dubuque, IA
LIST OF EXHIBITS
Exhibit A RECAT Application, as approved by Board (on file with IDED)
Exhibit B Vision Iowa Board Award Letter
Exhibit C Program Description and Budget
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Page 1 of 1
Kevin Firnstahl - Fwd: Floating Island 16th Street retention basin
From: Mike Van Milligen
To: Firnstahl, Kevin
Date: 11/11/2011 10:10 AM
Subject: Fwd: Floating Island 16th Street retention basin
»> Charles Winterwood <cwinterwood@yahoo.com> 11/11/2011 9:57 AM »>
Dubuque Audubon supports the establishment of a floating Island - wetland in the 16th Street retention
basin.
Dubuque Audubon has long been active in promoting wildlife in the 16th street retention basin starting
with construction of the original overlook at the basin and continuing with planting aquatic vegetation
and numerous clean -ups of the basin.The proposed floating island and wetland will provide more
wildlife habitat for the basin which is one of the eleven sustainability principles and thus will provide
more wildlife for citizens to view from the proposed overlooks. We encourage you to support the
proposed floating island - wetland.
Charles Winterwood
Conservation Chair
Dubuque Audubon Society
1555 Montrose Terrace
Dubuque,IA 52001
file: / /C: \Documents and Settings\kfirnsta\Local Settings \Temp \XPgrpwise \4EBCF479DB... 11/12/2011