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Dubuque Soil and Water Conservation District Contract AmendmentMasterpiece on the Mississippi Dubuque bierd All-America City 1 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 i !!1.! 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