Dubuque Soil and Water Conservation District Contract AmendmentMasterpiece on the Mississippi
Dubuque
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All-America City
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2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Contract with Dubuque Soil & Water Conservation District for the Catfish
Creek Watershed Management Authority - Amendment
DATE: May 24, 2012
Planning Services Manager Laura Carstens recommends City Council approval of an
amended contract with the Dubuque Soil & Water Conservation District for the Catfish
Creek Watershed Management Authority. The amendment would provide for additional
public education and outreach services to be performed by the Dubuque Soil & Water
Conservation District for an additional $4,000. Grant funds are available.
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
Laura Carstens, Planning Services Manager
Masterpiece on the Mississippi
Dubuque
Intri
AllAmericaCily
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2007
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager --�
SUBJECT: Contract with Dubuque SWCD for Catfish Creek WMA -- Amendment
DATE: May 23, 2012
Introduction
This memo transmits an amended contract with the Dubuque Soil & Water
Conservation District (SWCD) for the Catfish Creek Watershed Management Authority
(CCWMA) for City Council review and approval. A resolution and an amended contract
with changes highlighted in yellow are attached.
Discussion
The City of Dubuque has a $24,500 grant to create a 28E agreement and establish a
board of directors for the CCWMA to reduce future flood risks and improve water quality
in the watershed. This process is to being done in consultation with and facilitated by
Eric Schmechel, Urban Conservationist with the SWCD. The SWCD helps guide the
soil and water conservation programs in Dubuque County.
The City Council has approved a $6,000 contract with the SWCD as a sole provider for:
® Consultation and facilitation services to the City of Dubuque to create a 28E
agreement and establish a board of directors for the Catfish Creek Watershed
Management Authority ( CCWMA); and
Outreach with Dubuque County and the Cities of Asbury, Centralia, and
Peosta for creation of the CCWMA 28E agreement and its board of directors.
The CCWMA Committee issued a Request for Proposals (RFP) for additional public
education and outreach services with a budget of $15,000; no proposals were received.
Several tasks can be undertaken by City staff, whose time can be reimbursed by the
grant funds; however, additional help is needed. The SWCD has offered to provide the
following services by the June 30 grant deadline for an additional $4,000:
0 Lead an educational and outreach program for the promotion and establishment
of the Catfish Creek Watershed and CCWMA.
1
Contract with Dubuque SWCD for Catfish Creek WMA — Amendment
• Develop and coordinate all public service announcements and other media
opportunities.
• Be responsible for designing and fabricating approximately forty gateway and
stream crossing road signs.
• Be responsible for developing a host website which promotes the Catfish Creek
Watershed and the CCWMA. The website must be designed to allow future
updates by WMA Staff and /or volunteers and must also accommodate a mobile
platform.
• Manage the project with any subcontractor(s).
Recommendation
The CCWMA Committee recommends increasing the amount of the SWCD contract by
$4,000 for these additional public education and outreach services. The amended
contract amount of $10,000 will be paid entirely with grant funds. The SWCD is uniquely
qualified to perform the additional specialized work the City needs to have done for the
project. This increase has been approved by the State grant administrator.
Requested Action
The requested action is for the City Council to approve the attached resolution and
authorize the Mayor to sign the amended contract with the Dubuque SWCD for the
CCWMA.
Attachments
cc: CCWMA Committee
F: \USERS \LCARSTEN \Wp \Watershed Committee WMA \Staff Memo Dub SWCD Contract Amendment CCWMA.doc
2
Prepared by: Barry Lindahl, City Attorney Address: Suite 330, 300 Main St. Telephone: 583 -4113
Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13`h St Telephone: 589 -4121
RESOLUTION NO. 136 -12
APPROVING A CONTRACT AMENDMENT FOR WATERSHED PLANNING BETWEEN
THE CITY OF DUBUQUE, IOWA AND THE DUBUQUE SOIL AND WATER
CONSERVATION DISTRICT
WHEREAS, the City of Dubuque is party to the Agreement creating the Dubuque
Soil and Water Conservation District (the District); and
WHEREAS, City wishes to engage the District to provide additional technical and
professional watershed planning services on the terms and condition set forth in the
attached amended Agreement; and
WHEREAS, the District has the authority to perform the additional services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The amended Agreement attached hereto is hereby approved.
Section 2. The Mayor is authorized and directed to execute the amended
Agreement on behalf of the City of Dubuque
PASSED, APPROVED, AND ADOPTED this 4th day of June 2012.
ATTEST:
Kevin S irnstahl, Ci y Cler
Roy D. uol, Mayor
F: \USERS \LCARSTEN \WP \Watershed Committee WMA \Resolution ApprovingWatershed Management Agreement 051412.doc
AMENDED AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
THE DUBUQUE SOIL AND WATER CONSERVATION DISTRICT
This amended Agreement, dated for reference purposes the day of
, 2012, is made an entered into by and between the City of Dubuque, Iowa
(City) and the Dubuque Soil and Water Conservation District (District).
SECTION 1. SCOPE OF SERVICES. District shall provide and perform the
necessary services required to carry out Watershed Management Authority 2010 Iowa
Economic Development Authority Community Development Block Grant #08- DRIFWP-
203 as follows (the Scope of Services):
1) Consultation and facilitation services to the City of Dubuque to create a 28E
agreement and establish a board of directors for the Catfish Creek Watershed
Management Authority (CCWMA); and
2) Outreach with Dubuque County and the Cities of Asbury, Centralia, and Peosta
for creation of the CCWMA 28E agreement and its board of directors.
3) Lead an educational and outreach program for the promotion and establishment
of the Catfish Creek Watershed and CCWMA.
4) Develop and coordinate all public service announcements and other media
opportunities.
5) Be responsible for designing and fabricating approximately forty gateway and
stream crossing road signs.
6) Be responsible for developing a host website which promotes the Catfish Creek
Watershed and the CCWMA. The website must be designed to allow future
updates by WMA Staff and /or volunteers and must also accommodate a mobile
platform.
7) Manage the project with any subcontractor(s).
SECTION 2. TIME OF PERFORMANCE. The services of District shall commence on
the date of State of Iowa grant approval, and shall be completed upon receipt of a final
Certificate of Completion from the State of Iowa.
SECTION 3. METHOD OF PAYMENT. Payment shall be due upon receipt of a
monthly bill for services and reimbursement from City. The payment shall be based on the
actual costs incurred by the District in conducting the planning process, including labor and
overhead, all according to OMB Circular A122. Total payment shall not exceed $10,000.
051412
SECTION 4. PERSONNEL. District represents that it has, or will acquire, all personnel
necessary to perform the Scope of Services.
SECTION 5. PROPERTY. District shall be free to acquire or use existing property, real
or personal, as it deems necessary in the performance of the Scope of Services.
SECTION 6. ACCESS TO RECORDS.
6.1. At any time during normal business hours and as frequently as is deemed
necessary, City and District shall make available to the Iowa Economic Development
Authority, the State Auditor, the General Accounting Office, and the Department of
Housing and Urban Development, for their examination, all of their records pertaining to
all matters covered by this Agreement and permit those agencies to audit, examine,
make excerpts or transcripts from such records, contracts, invoices, payrolls, personnel
records, conditions of employment, and all other matters covered by this Agreement.
6.2. City and District shall maintain all required records for five years after complete
grant closeout and all other pending matters are closed.
SECTION 7. CIVIL RIGHTS PROVISIONS.
7.1. Discrimination in Employment. District shall not discriminate against any qualified
employee or applicant for employment because of race, color, religion, sex, national origin,
age, or disability. Such action shall include but may not be limited to the following:
employment, upgrading, demotion or transfers, recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including an apprenticeship. District agrees to post notices setting forth the
provisions of the nondiscrimination clause in conspicuous places so as to be available to
employees.
7.2. Civil Rights Compliance in Employment. District shall comply with all relevant
provisions of the Iowa Civil Rights Act of 1965 (Iowa Executive Orders 15 and 34), Federal
Executive Order 11246, as amended by Federal Executive Order 11375, Title VII of the
U.S. Civil Rights Act of 1964, as amended, the Equal Pay Act of 1963, Section 504 of the
Vocational Rehabilitation Act of 1973 (29 U.S.C. 794; the Age Discrimination Act of 1975
as amended (U.S.C. 6101 et seq.); the Vietnam Veterans Readjustment Act of 1974; the
Americans with Act, as applicable (P.L. 101 -336, 42 U.S.C. 12101 - 12213); and related
Civil Rights and Equal Opportunity statutes; and regulations which implement these laws.
District will furnish all information and reports requested by the State of Iowa or required by
or pursuant to the rules and regulations thereof and will permit access to payroll and
employment records by the State of Iowa to investigate compliance with these rules and
regulations.
7.3 Program Nondiscrimination. District shall conform with requirements of Title VI of
the Civil Rights Act of 1964 (42 U.S.C. 200d et.seq.), HUD regulations issued pursuant
2
thereto contained in 24 CFR Part 1, and Section 109 of Title 1 of the Housing and
Community Development Act of 1974, as amended (42 U.S.C. 5309). No person in the
United States shall on the ground of race, color, physical or mental disabilities, national
origin, religion or religious activities, or sex be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity funded in whole
or in part with funds made available through this Agreement. Any prohibition against
discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect
to an otherwise qualified handicapped individual as provided in Section 504 of the
Rehabilitation Act of 1973 shall also apply to any such program or activity.
7.4 Fair Housing. District Of applicable) shall comply with Title VIII of the Civil Rights
Act of 1968 (4f2 U.S.C. 3601 et. seq.), generally known as the Fair Housing Act, and with
HUD regulations found at 24 CFR Part 107, issued in compliance with Federal Executive
Order 11063, as amended by Federal Executive Order 12259.
7.5 District shall comply with provisions for training, employment, and contracting in
accordance with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701 u).
7.6 Noncompliance with the Civil Rights Laws. In the event of District's noncompliance
with the nondiscrimination clauses of this Agreement or with any of the aforesaid rules,
regulations, or requests, this Agreement may be cancelled, terminated, or suspended
either wholly or in part. In addition, the State of Iowa may take further action, imposing
other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act
of 1964, as amended, Chapter 216, Code of Iowa, 2005 as heretofore and hereafter
amended, or otherwise provided by law.
SECTION 8. TERMINATION BY CITY.
8.1 City may, by thirty (30) days written notice to District, terminate this Agreement,
either for City's convenience or because of the failure of District to fulfill its obligations
under the Agreement. Upon receipt of such notice, District shall: (1) immediately
discontinue all services affected (unless the notice directs otherwise), and (2) deliver to
City all data, drawings, specifications, as may have been accumulated by District in
performing this Agreement, whether completed or in process.
8.2 Notwithstanding the above, District shall not be relieved of liability to City for
damages sustained by City by virtue of any breach of this Agreement by District. City may
withhold any and all payments to District for the purpose of setoff until such time as the
exact amount of damages due City is determined.
8.3 If the termination is for convenience of City, District shall be entitled to
compensation determined in accordance with Section 3 of this Agreement.
SECTION 9. TERMINATION BY DISTRICT. District may terminate this Agreement by
thirty (30) days written notice to City for City's failure to comply with the laws, rules, or
3
regulations of the U.S. Department of Housing and Urban Development in carrying out the
Community Development Block Grant Program. The notice shall stipulate the laws, rules,
or regulations that have been violated, and date District advised City of said violation.
SECTION 10. GOVERNMENT -WIDE RESTRICTION ON LOBBYING.
10.1. Certification Regarding Government -wide Restriction On Lobbying. City certifies, to
the best of its knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid by or on
behalf of City, to any person for influencing or attempting to influence an officer of
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, City shall complete and submit Standard Form LLL-
"Disclosure Form to report Federal Lobbying" in accordance with its instruction.
3) City shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
4) This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
SECTION 11. POLITICAL ACTIVITY. No portion of program funds shall be used for
any partisan political activity or to further the election or defeat of any candidate for public
office. Neither the program nor the funds provided therefore, nor the personnel employed
in the administration of this Agreement or its funding agreements, shall be in any way or to
any extent, engaged in the conduct of political activities in contravention of The Hatch Act
(5 U.S.C. 15).
SECTION 12. OTHER REQUIREMENTS. In connection with the carrying out of this
agreement, District agrees to comply with any and all rules and regulations of the Iowa
4
Department of Economic Development and the Department of Housing and Urban
Development concerning third party contracts.
CITY OF DUBUQUE, IOWA
By:
Roy DQBuoi, Mayor
I
Attest:
DUBUQUE SOIL. AND WATER
CONSERVATION DISTRICT
By:
/
airperson or ' ecutive Director
Kevi . Firnstahl, C
5
Sandralee M. Scott
Iowa Notarial Seal
Commission Number 146807
My Commission Expires 04/14/2015
IOWA ECONOMIC DEVELOPMENT AUTHORITY
200 East Grand Avenue Des Moines, Iowa 50309 USA Phone: 515.725.3000
iowaeconomicdevelopment.com
September 21, 2012
Cit y c.;
The Honorable Roy D. Buol, Mayor
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
Ali O
SUBJECT: Contract Number 08- DRIFWP -203 — Amendment Number 2
Dear Mayor Buol:
The Iowa Economic Development Authority (IEDA) hereby amends the above referenced Community
Development Block Grant (CDBG) Program contract by adding an activity code to the budget line items
and extending the end date to October 31, 2012.
This unilateral modification amendment is in response to IEDA's need to remain in compliance with
HUD's reporting requirements.
The contract by and between the Iowa Economic Development Authority ( "Authority or IEDA ") and
Dubuque ( "Recipient ") is amended as of the date of this letter as follows:
AMEND CONTRACT END DATE to October 31, 2012.
"Budget
Line Item
All costs
Product 1 - Activity Code 172
$24,500
Product 2 [if applicable]
TOTAL
$24,500"
Except as otherwise revised above, the terms, provisions, and conditions of the Contract remain
unchanged and are in full force and effect.
PLEASE FILE THIS AMENDMENT MATERIAL WITH YOUR ORIGINAL CONTRACT DOCUMENT so
that you will have current information on the status of your contract. If your amendment includes a budget
change, be sure that is reflected on your next "Request for Payment/Activity Status Form ". Please
contact me at (515) 725 -3069 or Jeff.Geerts @iowa.gov if you have any questions.
Sincerely,
Jeff Geerts
Special Project Manager
JG
cc: Laura Carstens
Fiscal
File (JG)
Governor Terry E. Branstad Lt. Governor Kim Reynolds Director Debi V. Durham
IOWA ECONOMIC DEVELOPMENT AUTHORITY
200 East Grand Avenue I Des Moines, Iowa 50309 USA I Phone: 515.725.3000
iowaeconornicdeve{opmenf.com
December 26, 2012
The Honorable Roy D. Buol, Mayor
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
SUBJECT: Contract Number 08- DRIFWP -203, Amendment # 003
Dear Mayor Buol:
The Iowa Economic Development Authority recently amended the CDBG Contract for Dubuque, in response to
your request. Enclosed is your copy of the executed amendment. Changes made by this amendment are now
in effect.
Please file your copy of this amendment with your original contract document so that you will have current
information on the status of your contract. If your amendment includes a budget change be sure that is
reflected on your next "Request for Payment /Activity Status Form. If you have any questions please feel free
to contact your Project Manager, Jeff Geerts, at (515) 725 -3069 or e -mail at jeff.geerts @iowa.gov.
Sincerely,
5r9 2
Tim Metz
Contract and Compliance Manager
Enclosure
cc: Jeff Geerts, IEDA
Governor Terry E. Branstad I Lt. Governor Kim Reynolds I Director Debi V. Durham
Iowa Economic Development Authority
Community Development Block Grant (CDBG) Program
Contract Amendment
Recipient: Dubuque
Contract Number: 08- DRIFWP -203
Contract Amendment Number: 003
Amendment Effective Date: October 2, 2012
The Iowa Economic Development Authority (IEDA) hereby amends the above referenced Community
Development Block Grant (CDBG) Program contract by increasing the award amount by $187,330 for a total
award amount of $211,830 and amending the scope of work to include the watershed planning activities
contained in the recipient's proposal to the Iowa Department of Natural Resources dated September 21, 2012.
The contract by and between the Iowa Economic Development Authority ( "Department or IEDA ") and Dubuque
( "Recipient ") is amended as of the date shown above as follows:
AMEND each Article in the Contract that refers to "Attachment A, Scope of Services and Budget" to "Attachment
A, Scope of Services and Budget, as amended."
AMEND AWARD AMOUNT from $ 24,500 to $211,830.
AMEND Contract End Date to: 5/31/2014
Except as otherwise revised above, the terms, provisions, and conditions of the Contract remain unchanged and
are in full force and effect.
RECIPIENT: buque
BY.
Ma
r, Dubuque
IOWA ' • • 1I 11•J LOPMENT AUTHORITY
.440!
mothy Waddell, Division Administrator
Contract Number 08- DRIFWP -203
Attachment A, "Scope of Services and Budget."
WATERSHED MANAGEMENT AUTHORITY CONTRACTS
ATTACHMENT A
Scope of Services and Budget as Amended
The purpose of this contract is to fund the formation of watershed management authorities
(WMA's) and /or planning activities among local governments and other eligible participants, as
specified in HF 2459. Under a separate contract with the Iowa Economic Development
Authority (IEDA), the Iowa Department of Natural Resources (IDNR) has selected a proposal
from the City of Dubuque for completion of the products below. Under this contract, IEDA
awards the necessary funds to the City of Dubuque, which will act as a "lead" local government
on behalf of all other entities in the proposed or existing WMA. IDNR will also provide technical
assistance for.completion of tasks and products under this contract.
Product 1:
• Completion of all necessary steps leading to a decision on creation of a Watershed
Management Authority.
Timeline:
• Completion by May 14, 2012.
Product 2:
• Completion of all necessary steps leading to a watershed management and
implementation plan
Timeline:
• Completion by May 31, 2014
Budget
Line Item
All costs
Product 1 — Activity 172 (Planning)
$24,500
Product 2 — Activity 172 (Planning)
$187,330
TOTAL
$211,830