Ice Harbor Marina Grant - 28E IA DNR
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MEMORANDUM
April 10, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Intergovernmental Agreement for Ice Harbor Marina Grant
Planning Services Manager Laura Carstens recommends City Council approval of a
28E Intergovernmental Agreement between the Iowa Department of Natural Resources
(IDNR) and the City of Dubuque for the $100,000 Boating Infrastructure Grant for the
Ice Harbor Marina Project at the Port of Dubuque. The grant will provide for the
construction of eight transient slips in the Ice Harbor. The City will also construct an
additional 19 docks at local expense, for a total of 27 slips.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
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MEMORANDUM
April 10, 2006
FROM:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager ~
TO:
SUBJECT: Intergovernmental Agreement for Ice Harbor Marina Grant
Introduction
This memo transmits for City Council review and approval, a 28E Intergovernmental
Agreement between the Iowa Department of Natural Resources (IDNR) and the City of
Dubuque for the $100,000 Boating Infrastructure Grant for the Ice Harbor Marina
Project at the Port of Dubuque.
Background
The Boating Infrastructure Grant Program is a federal program administered by the
IDNR for transient boat facilities for non-trailerable boats greater than 26 feet in length.
The $600,000 Ice Harbor Marina Project will provide for the construction of 27 slips.
The City's original grant application included $500,000 of local funds from the America's
River Project. The Vision Iowa Board has granted the City of Dubuque an extension for
construction of the transient boat docks in the Ice Harbor until May 31, 2007.
Discussion
At the recommendation of IDNR staff, the City revised the project scope to have the
grant fund a smaller number of transient slips, and have the City construct the
remaining slips with local funds. The grant will provide for the construction of 8 transient
slips in the Ice Harbor. The City would also construct an additional 19 docks at local
expense, for a total of 27 slips as originally proposed. The project can be designed and
bid as one project.
The City of Dubuque will need to commit $39,480 of local funds as match for the
$100,000 grant. By limiting the federal funds to a portion of the total project, the City will
have fewer docks that must comply with federal regulations for the 20-year grant
agreement that the grant funds require.
Intergovernmental Agreement for Ice Harbor Marina Grant
Page 2
The grant program requires a 28E agreement with IDNR for administration of the funds.
This 28E agreement and the project scope must be approved by the U.S. Fish and
Wildlife Service, which funds the program. The enclosed 28E agreement has been
reviewed and approved for form by City Attorney Barry Lindahl.
Recommendation
Staff recommends that the City Council approve the 28E Intergovernmental Agreement
between the Iowa Department of Natural Resources (IDNR) and the City of Dubuque for
the $100,000 Boating Infrastructure Grant for the Ice Harbor Marina Project at the Port
of Dubuque, and authorize the Mayor to sign on behalf of the City.
Enclosures
cc Dawn Lang, Budget Director
Cindy Steinhauser, Assistant City Manager
Gus Psi hoyos, City Engineer
Bob SChiesl, Assistant City Engineer
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,
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Prepared by: Laura Carstens Cilv Planner Address: Cilv Hall. 50 W. 13th Sl. Telephone: 589-4210
Returned to: Jeanne Schneider. Cilv Clerk Address: Cilv Hall. 50 W. 13th St. Telephone: 589-4120
RESOLUTION NO. 153-06
RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE IOWA
DEPARTMENT OF NATURAL RESOURCES FOR A BOATING INFRASTRUCTURE GRANT
FOR TRANSIENT BOAT DOCKS AT THE PORT OF DUBUQUE
Whereas, the Iowa Department of Natural Resources administers a Boating Infrastructure
Grant Program for transient boat docks; and
Whereas, the construction of transient boat docks is an eligible project for the Boating
Infrastructure Grant Program; and
Whereas, the City of Dubuque has determined that the construction of transient boat docks
in the Ice Harbor at the Port of Dubuque is consistent with the Port of Dubuque Master Plan, a
component of the 2002 Dubuque Comprehensive Plan; and
Whereas, the construction of transient boat docks at the Port of Dubuque is included as a
component of the Vision Iowa grant for the America's River project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Intergovemmental Agreement with the Iowa Department of Natural
Resources for a Boating Infrastructure Grant to fund construction of transient boat docks at the
Port of Dubuque is hereby approved.
Section 2. That the Mayor hereby is authorized to sign and submit the Intergovernmental
Agreement for this project.
17th
Passed, approved and adopted this 17th day of April, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
d2/
28E CONTRACT AGREEMENT
between the
Iowa Department of Natural Resources
and
City of Dubuque
Contract No.: FY-07-BIG
Amount:
$100,000
Contractor: City of Dubuque
Contractor Officer: Laura Carstens
Contractor Tide: Planning Services Manager
Department Project Officer: Martin Konrad
Distribution: Copy I: DNR
Copy 2:
Contractor
Time of Performance: From May 11, 2006 to December 31,2026
Submit Claim Vouchers to: Mike Heldenbrand
Iowa Department of Natural Resources
Budgets and Grants Bureau
Wallace State Office Building
Des Moines, Iowa 50319-0034
515/281-5631
Issue Payment to: City of Dubuque
Attention: Laura Carstens
The Contractor agrees to perform all services set forth in the attached Special Conditions, for the
consideration stated herein. The rights and obligation of the parties to this Contract shall be
subject to and governed by the Attachments, the Special Conditions, and the General Conditions.
To the extent of any inconsistency between the Attachments, Special and General Conditions, and
any specifications or other conditions, which are, made a part of this Contract by reference or
otherwise, the Special and the General Conditions shall control. To the extent of any
inconsistency between the Special and the General Conditions, the Special Conditions shall
control.
IN WITNESS WHEREOF, the parties hereto have executed this Contract.
IOWA DEPARTMENT OF NATURAL
RESOURCES
By:
Name: Liz Christiansen
Title: Deouty Director
Date:
By:
CITY OF DUBUQUE, IOWA
Name: Roy D. Buol
Title: Mayor
Date:
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SPECIAL CONDmONS
ARTICLE L IDENTIFICATION OF PARTIES AND PROJECT
1.1 This Contract is to implement the provisions of the federal Boating Infrastructure Grant
program administered in Iowa by the Iowa Department of Natural Resources by and
between the City of Dubuque, hereinafter referred to as the Contractor, and the Iowa
Department of Natural Resources, an agency of the State ofIowa, hereinafter referred to
as the Department. The Contractor is to receive one federal Boating Infrastructure Grant
(BIG) for developing transient boat facilities at the Ice Harbor, hereinafter referred to as
the Project.
ARTICLE II. DESIGNATION OF OFFICIALS
2.1 Department. The Deputy Director of the Department is the official authorized to execute
any changes in the terms or conditions specified in this Contract. Martin Konrad; the
Executive Officer of the Fisheries Bureau is designated to negotiate on behalf of the
Department, subject to the approval of the Deputy Director, any changes to the Contract.
2.2 Contractor. The Contractor Officer authorized to execute any changes in the terms,
conditions, or amounts specified in this Contract is as indicated on the title page of this
Contract.
2.3 Key Personnel for the Contractor. Laura Carstens. Planning Services Manager
ARTICLE m. TIME OF PERFORMANCE
3.1 The Contractor shall commence construction activities on the Project on the beginning
date, as set forth on the title page of this contract under "Time of Performance. "
3.2 The Contractor shall maintain the Project for transient boat use only and through the
ending date, as set forth on the title page of this Contract under "Time of Performance,"
unless changed by mutual written agreement.
ARTICLE IV. STATEMENT OF PURPOSE
4.1 The Contractor shall receive one federal Boating Infrastructure Grant (BIG); in an
amount not to exceed $100,000. Grant funds shall be used for Project activities listed in
Article V and on land known as Ice Harbor.
ARTICLE V. SCOPE OF WORK
5.1 Grant funds shall be used by the Contractor at the Project area:
5. 1.1 For engineering design and construction oversight
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5.1.2 To purchase and install eight (8) transient slips with utility service.
5.1.3 To purchase and install navigational aids.
ARTICLE VI. CONTRACTOR REQUIREMENTS
6.1 The Contractor agrees to:
6.1.1 Comply with all applicable Federal laws, regulations, and policies.
6.1.2 Design the Project for longevity of at least 20 years.
6.1.3 Complete the construction phase of the Project on or before December 31,2007.
6.1.4 Operate and maintain Project facilities listed in Article V through December 31, 2026
for the intended purposes of the Boating Infrastructure Grant program. The
Contractor shall obtain prior written approval from the Department before these
facilities can be converted to other uses or transferred to another party. The
Contractor shall return the monetary value of any remaining federal interest in these
facilities to the Department in the event the Contractor convert facilities to other uses
or the Contractor shall transfer the remaining federal interest to a receiving owner to
maintain for transient boat use through December 31, 2026.
6.1.5 Surrender funds not obligated or expended after December 31,2007.
6.1. 6 Produce and prominently post signs, in the Project area, giving credit to the Federal
Aid in Sport Fish Restoration (SFR) program through the use of the SFR logo.
6.1.7 Give proper recognition to the Boating Infrastructure Grant program, the Sport Fish
Restoration Act, the U.S. Fish and Wildlife Service and the Department in all
brochures, advertisements or other publications pertaining to the Project.
6.1.8 Track, account and return any program income generated during the open federal
grant agreement to the Department.
6.1.9 Keep the Project area open to the public, without discrimination toward any public
user, during all normal operating hours of Contractor's other primary boat service
facilities such as fuel docks, convenience store, restaurant, etc.
6.1.1 0 Obtain all local, state and federal permits and permissions necessary to install and
operate the Project.
6.1.11 Defend, indell1nifY and hold harmless from claim or suit the Department, the State of
Iowa and its employees and agents from any claim or suit brought by any third party
on connection with the Project under this Contract.
6.1.12 The Contractor shall design the Project to meet Americans with Disabilities Act
accessibility guidelines and United States Access Board guidelines for accessible
marinas and boating facilities.
ARTICLE VII. REPORTS
7.1 The Contractor shall submit three (3) copies of a final construction report describing all
activities performed and the results obtained with supporting data. This report shall
detail and document the description of all costs and expenses and state that all State and
Federal requirements have been met. The final report shall be submitted no later than
sixty (30) days following Project completion, on or before January 30, 2008.
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7.2 The Contractor shall submit an annual letter, during the life of this agreement, stating that
Project is in compliance with the Boat Infrastructure Grant program. The letter shall be
submitted no later than thirty (30) day following December 31 of each year.
ARTICLE VIII. ACCESS TO FACILITY
8.1 The Contractor shall allow the Department or the U.S. Fish and Wildlife Service (FWS) to
enter the Project area at any time during the life of the Project to make an inspection of
facilities provided through the provisions of the Contract. The Contractor shall correct
Project deficiencies, found during inspection, no later than sixty (60) days following
written notice by the Department.
ARTICLE IX. FUNDING
9.1 The Department shall pay the Contractor 75% of actual project costs or $100,000
whichever is smaller for the specified activities shown in the Budget Summary (Appendix
A). Documentation of the matching funds is required before the Department will make
reimbursement payments.
9.2 Funding for this Contract is subject to the FWS continued financial support. If the FWS
discontinues funding, this Contract may be tenninated or amended by the Department.
Should the FWS disallow a budget item or portion thereof, the Contractor will be required
to pay the costs of the contested items( s).
ARTICLEX. PAYMENT.
10.1 The Contractor shall submit one (1) signed original and three (3) pressure sensitive
copies of the State ofIowa Claim Voucher to the Department for completed portions of
the Project. The Final Report specified in Article 7.1 of these Special Conditions shall
coincide with the submitted invoice. A final invoice is due within thirty (30) days
following Project completion, on or before January 30, 2008.
10.2 The Department shall make payment to the Contractor within forty-five (45) days of
receipt of a completed state claim voucher.
10.3 No costs can be incurred, except for preliminary costs, before the beginning date as set
forth in the Time of Performance on the Title page or after Project completion on or
before December 31,2007.
10.4 The Department shall retain five percent (5%) of the amount requested in each claim.
The Contractor may request payment on the reimbursable items up to ninety five percent
(95%) of the total contract amount prior to completion of the project. Payment of the
final five percent (5%) shall be made upon completion and approval of the final report
and all work required in Article V, Scope of Work and submittal of a completed claim
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voucher with accompanying invoice and contract expense sheet for the final five percent
(5%) of the contract total.
10.5 The Department shall allow up to a five percent (5%) deviation in any budget line item
without prior written approval provided that the total grant amount is not exceeded and
the Department is notified. Any other budget changes require the prior written approval
of the Department.
10.6 The Department shall issue payments to the Contractor based on the actual of work
completed or for specific work items finished. The Contractor shall submit an invoice to
the Department requesting payment based on actual work completed or for specific work
items finished. The invoice shall include actual work completed or list the specific work
items finished. The invoice shall be accompanied with support documentation sufficient
to support the actual work completed or the specific work items finished. Should a
reasonable doubt arise as to the integrity of the work completed or to the specific work
items claimed on an invoice, the Department shall not issue payment for such an invoice
until the integrity of the invoice has been re-established. The Department shall issue
payments up to an amount equal to ninety five percent (95%) of the contract total. The
final five percent (5%) payment shall be conducted as outlined in paragraph IDA.
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General Conditions
Section 1.0 Contract Negotiation
The Contractor hereby agrees, upon commencement of Contract negotiations, or after signature
of the Contract Document by both the Contractor and the Department, to attend a Contract
Consultation meeting at the Department's office, if so requested by the Department. If the
Contractor fails to attend the Contract Consultation meeting the Department shall be free to
terminate the Contract negotiations or the signed Contract Document, whichever applies, by the
described method in section 12.1 of this document.
Section 2.0 Entire Agreement
This Contract with all attachments and references constitutes the entire Agreement between the
Department and the Contractor with respect to the subject matter hereof, and the Contractor
acknowledges that it is entering into the Contract solely on the basis of the terms and conditions
herein contained and not in reliance upon any representative statement, inducement or promise,
whether oral or written, not contained herein.
Section 3.0 Amendment
The Department or the Contractor may initiate an amendment to this Contract. Any amendment
is effective only if in writing and agreed to by the Department and the Contractor. The
amendment shall be effective as of the date it is agreed upon, unless otherwise specified in the
amendment.
Section 4.0 Availability of Data
All information and data obtained by the Contractor in connection with the Contract shall be made
available to the Department. Such information and data shall become the property of the
Department except that which is necessary for the patent or copyright purposes of the Contractor.
Section 5.0 Assumption of Risk and Liabilities
The Contractor and all subcontractors employed by the Contractor shall each effect and maintain
insurance to protect the Contractor from claims under worker's compensation acts; claims for
damages because of bodily injury including personal injury, sickness or disease, or death of any of
their employees or any person other than their employees; from claims for damages because of
injury to or destruction of tangible property including loss of use resulting therefrom; and from
claims arising out of the performance of professional services caused by any errors, omissions, or
negligent acts for which the Contractor is legally liable.
The Contractor agrees to defend, hold harmless and indemnity the Department and State ofIowa
against any liability arising out of the negligent acts, errors or omissions on the Contractor, his or
her employees or agents.
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Section 6.0 Transfer of Work
6. 1 The Contractor shall not transfer or assign any part or portion of the work on the Contract
without the prior written consent of the Department.
6.2 The Contractor shall not make any award or permit any award (subgrant, contract, or
subcontract) at any tier to any party which is debarred or suspended or is otherwise excluded
from or ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension" as specified in Department of Interior Rule 43, Code of Federal
Regulations 12.
Section 7.0 Review of Work
The Department shall have the right to review and observe, at any time, completed work or work
in progress on the Contract.
Section 8.0 Publications
8.1 All of the Contractor's reports and publications pertaining to work performed under this
Contract shall contain the following statements on the credit sheet:
"This contract was prepared with the support of the U.S. Department of Interior (DOl), Fish and
Wildlife Service for the Boating Infrastructure Grant Program. However, any opinions, findings,
conclusions or recommendations expressed herein are those of the author(s) and do not
necessarily reflect the views of DOl. "
8.2 The Department reserves the right to publish the report once completed by the Contractor and
delivered to the Department. Written and oral releases are considered to be within the context of
publication rights so reserved by the Department. The Contractor shall not publish interim
reports without prior written consent of the Department.
8.3 Nothing in this section shall be construed to limit the rights of the Contractor to publish the
data or information in scholarly or professional journals as long as any copyright to be obtained is
not prejudiced thereby. There shall be no pre-release of data or findings connected with this
Contract in scholarly or professional journals or through public presentations or news media until
the contract is completed, unless prior written approval for such release has been given by the
Department. Contract completion is defined herein as termination of this Contract.
8.4 All reports, interim and final, published by either the Contractor or the Department, will give
credit to the other party's participation in the Contract.
8.5 Neither the Department nor the Contractor shall use the name of the other for advertising,
promotional, or publicity purposes without the prior written consent ofthe other.
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Section 9.0 Accounts and Records
9. I The Contractor agrees to maintain books, documents, and other records pertaining to all costs
and expenses incurred and revenues acquired during this Contract to the extent and in such detail
as will properly reflect all costs, direct and indirect, of labor, materials, equipment, supplies and
services, and other costs and expenses of whatever nature for which reimbursement is claimed.
The Contractor shall be prepared to support charges for salaries and wages by time, attendance
and payroll records.
9.2 The Iowa Department of Natural Resources, State Auditor, U.S. Department ofInterior, and
Comptroller General of the United States, or any of their duly appointed representatives, shall
have access for the purpose of audit and examination to any books, documents, papers and
records of the Contractor which are pertinent at all reasonable times during the period of retention
provided for in paragraphs 9.3, 9.4, and 9.5 below and shall have the right to make copies of
excerpts or make other transcriptions thereof, subject to the provisions of 561 Iowa
Administrative Code Section 2.3 and Iowa Code Chapter 22.
9.3 The Contractor shall retain all records pertaining to this Contract in their possession for a
period of three (3) years beginning with the date upon which the final payment under this
Contract is issued. Records for non-expendable property acquired under this Contract shall be
retained for a three (3) year period after the final disposition of the property.
9.4 Records relating to any litigation or claim arising out of the performance of this Contract, or
costs or expenses of this Contract to which exception has been taken as a result of inspection or
audit, shall be retained by the Contractor until such litigation, claim, or exception has been finally
settled or until, the three (3) year period has expired, whichever occurs later.
9.5 The Contractor, in maintaining Contract expenditure accounts and records and reports, shall
make any necessary adjustments to reflect refunds, credits, underpayments or overpayments, as
well as any adjustments resulting from any administrative reviews and audits by the United States
or by the State of Iowa or by the Contractor. Such adjustments shall be set forth in the financial
reports filed with the Department.
Section 10.0 Allowable Costs
10.1 Allowable costs are specified under the Approved Budget of this Contract. Allowable costs
are subject to audit under the principles defined in Office of Management and Budget (OMB)
Circulars A-87, A-I 10, A-122 and Department of Interior Financial Assistance Rule 43, Code of
Federal Regulations (CFR) Part 12.
10.2 Indirect costs shall be allowable at a predetermined rate specified in the Approved Budget of
this Contract. Indirect costs rates, if applicable, shall be determined according to the principles
defined in Office of Management and Budget (OMB) Circulars A-87, A-llO, A-122 and
Department ofInterior Financial Assistance Rule 43 Code of Federal Regulations (CFR) Part 12.
o
Section 11.0 Unallowable Costs
The following costs are unallowable under this Contract:
a. Legal expenses for the prosecution of claims against the Department, the State of Iowa, the
Federal Government, or any subdivision thereof;
b. The difference in costs between first class air accommodations and less than first class air
accommodations unless less than first class air accommodations are not available;
,
c. Costs incurred prior to the effective date of the Contract;
d. Costs of preparing proposals for potential contracts;
e. Bad debts (any losses arising from accounts not collected and other claims and related costs);
f Contingencies (contributions to a contingency reserve or any similar provision for unforeseen
events);
g. Contributions of donations;
h. Entertainment (costs of amusements, social activities, and incidental costs relating thereto,
such as meals, beverages, lodgings, rentals, transportation, and gratuities);
i. Fines and penalties (costs relating from violations of, or failure to comply with federal, state
and local laws and regulations);
j. Other financial costs (interest on borrowings -- however represented, bond discounts, costs of
financing and refinancing operations, and legal and professional fees paid in connection
therewith) .
Section 12.0 Termination of Contract
12.1 Termination for cause - The Department may terminate this Contract in whole or in part, at
any time before the expiration date, whenever the Department has determined that the Contractor
has materially failed to comply with the conditions of the Contract. The Department shall
promptly notify the Contractor in writing of the determination and reasons for the termination,
together with the effective date. Payments made to the Contractor or recoveries by the
Department under Contracts terminated for cause shall be in accord with the legal rights and
liabilities of the parties.
12.2 Termination for convenience - The Department or Contractor may terminate the Contract in
whole or in part when both parties agree that the continuation of the Contract would not produce
beneficial results commensurate with the future expenditure of funds. The two parties shall agree
upon the termination conditions, including the effective date and, in the case of partial
termination, the portion to be terminated. The Contractor shall not incur new obligations for the
terminated portion after the effective date and shall cancel as many outstanding obligations as
possible. The Contractor shall prepare and deliver to the Department copies of a final report
summarizing the work performed and the results obtained to date, together with such information
and items which, if the Contract had been completed, would have been required to be furnished to
the Department.
Section 13.0 Patents
Title to any and all patentable discoveries and patents therefrom originating as a result of any
sponsored set forth in this Agreement shall be vested in the Contractor. The Contractor shall
evaluate each such discovery, and if in its judgment the attendant circumstances warrant filing a
in
patent application, it shall do so at its own expense. In cases where the Contractor decides
against filing a patent application, the Department shall be notified promptly of the decision
together with an offer to pass title to the invention to the State of Iowa. The State of Iowa and
any department or divisions thereof, and all political subdivisions within the state shall be entitled
to an irrevocable, non-exclusive, royalty-fee license for govermnental purposes under any patent
held by the Contractor which originates under this Agreement.
Section 14.0 Copyrigbts and Use of Data
14.1 The term "subject data" as used herein includes research data and reports, writings, sound
recordings, pictorial reproductions, drawings or other graphical representations, and works of any
similar nature which are specified to be delivered under this Contract. The term does not include
financial reports, cost analyses, and similar information incidental to Contract administration.
14.2 The Contractor shall be considered the author of all original subject data.
14.3 Subject to the provisions of Section 14.4 below, the state may duplicate, use and disclose in
any manner for any authorized state activity, and may allow others to do so, all subject matter
deliverable under this Contract.
14.4 In the event the Contractor secures a copyright, the Contractor agrees to and does hereby
grant to the state, its officers, agents and employees acting within the scope of their official duties,
a royalty-fee, non-exclusive, and irrevocable license to publish, translate, reproduce, deliver,
perform, dispose of, and to authorize others to do so for use by the state, its division,
instrumentality's and local subdivisions, all subject data now or hereafter covered by copyright. If
such subject data is not originated in the performance of this Contract, such license shall be only
to the extent that the Contractor, its employees or any individual or concern employed or assigned
by the Contractor to originate and prepare such data under this Contract, now has, or prior to
completion of final settlement of this Contract may acquire, the right to grant such license without
becoming liable to pay compensation to others solely because of such grant.
14.5 The Contractor shall exert all reasonable efforts to advise the Department at the time of
delivery of the subject data furnished under this Contract of all invasions of the right of privacy
contained therein and of all portions of such data copies from work not composed or produced in
the performance of this Contract and not licensed under this Section.
14.6 The Contractor shall report to the Department promptly and in reasonable written detail,
each notice or claim of copyright infringement received by the Contractor with respect to all
subject data delivered under this Contract. On receipt of this information, the parties hereto agree
to confer to determine future uses to be made of the subject data.
14.7 The Contractor or any or all of its employees or agents may duplicate, use and disclose all
subject data delivered under this Contract, provided that the Contractor or such employees or
agents acknowledge the contribution of the Department and the Contract number of this Contract
and any copyright secured for such subject data. There shall be no pre-release or publication of
. .
data or findings connected with this Contract in scholarly or professional journals or through
public presentation or news release or otherwise until the performance of this Contract is
completed unless prior written authorization has been obtained from the Department.
Section 15.0 Notice and Assistance Regarding Patent and Copyright Infringement
15.1 The Contractor agrees to report to the Department promptly and in reasonable written detail,
each notice or claim of patent or copyright infringement based on the performance of this
Contract of which the Contractor has knowledge.
15.2 In the event of any claim or suit against the Department, the State ofIowa, their employees,
agents, or representatives, or the United States, on account of an alleged patent or copyright
infringement arising out of the work or services performed hereunder, the Contractor agrees to
furnish the Department, upon request, all evidence and information in the possession of the
Contractor pertaining to such suit or claim. Such evidence and information shall be furnished at
the expense of the Department except where the Contractor has agreed to indemnify the
Department.
Section 16.0 Equipment and Property
16.1 Definition - For grants and cooperative agreements to other than state and local
governments, the term "equipment" means non-expendable tangible personal property to be used
in the performance of the Contract, having an acquisition cost of five-hundred ($500) dollars or
more, and a useful life expectancy of greater than two (2) years. A Contractor may use its own
definition of equipment provided that such definition would at least include all articles of
equipment as defined in this paragraph.
16.2 All property procurements with a unit value of five-hundred ($500) dollars or more must be
approved in advance by the Department. All property procurement by the Contractor shall be
according to standards stated in Department of Interior Financial Assistance Rule 43, Code of
Federal Regulations (CFR) Part 12. The title of all property purchased with a unit value of five-
hundred ($500) dollars or more remains vested with the Department.
16.3 Upon request, the Contractor shall provide the Department with invoice(s) of property
purchased. Such purchased property must correspond with approved Contract items.
16.4 The Contractor will keep an inventory of the property in their jurisdiction. Inventories must
include the following property characteristics: a) the serial number if applicable; b) the Contract
Number (if acquisition occurred as part of the Contract); c) its description; d) the date of
acquisition; e) invoice number, if purchased; f) the original purchase price; and g) the physical
location of the property.
16.5 The Contractor shall maintain a control system to insure adequate safeguards to prevent loss,
damage or theft to the property. Any loss, damage, or theft of property shall be investigated, fully
documented and reported to the department within sixty (60) calendar days of the occurrence.
1?
16.6 The Contractor shall implement maintenance procedures to keep all property in good
condition.
16.7 Demonstration projects that include construction shall comply with the following federal
requirements:
Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as
amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department
of Labor regulations (41 CFR Subpart 60). (All construction contracts awarded in excess of
$10,000 by grantees and their contractors or subgrantees). Copeland "Anti Kickback" Act (18
USC 874) as supplemented in Department of Labor regulations (29 CFR Subpart 3). (All
contracts and subgrants for construction or repair.) Sections 103 and 107 of the Contract
Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by the Department
of Labor Regulations (29 CFR Subpart 5). (Construction contracts awarded by grantees and
subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the
employment of mechanics or labors.)
Section 17.0 Assignment ofInterest
Neither the Contractor nor any interest therein nor claim thereunder shall be assigned or
transferred by the Contractor to any other party or parties. Attempted assignment may be
considered, at the option of the Department, to be a substantial breach and cause for termination
within the meanings of Section 12.1 of the General Conditions.
Section 18.0 Personnel
18.1 Selection - The Contractor represents that it has, or will secure, all personnel required in
performing the work and services under this Contract. Such personnel shall not be employees of
or have any contractual relationship with the Department.
18.2 Qualification - All of the work and services required hereunder shall be performed by the
contractor or under its supervision and all personnel engaged in the work shall be fully qualified
and shall be authorized under state and local law to perform such services.
18.3 Change of Key Personnel - Any individual specified by name under the article Key Personnel
within the Special Conditions herein is considered essential to the work and services to be
performed. If for any reason substitution for a specified individual becomes necessary, the
Contractor shall provide immediate written notification of such to the Department. The
Contractor shall provide the name and resume of qualifications for the replacement individual.
Any replacement shall be subject to the approval of the Department.
Section 19.0 Effect of Invalidity
If any of the provisions herein shall be in conflict with the laws of the State of Iowa, or shall be
declared to be invalid by any court or record in this state, such invalidity shall be construed to
affect only such portions as are declared invalid or in conflict with the law and such remaining
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portions of the Contract shall remain in effect and shall be construed as if such invalid or
conflicting portions were not contained herein.
Section 20. 0 Litigation
20.1 The Contractor agrees to pay the cost of any litigation arising from failure of the contractor
to comply with the conditions or terms of this Contract or resulting from the negligence or
incompetence of the Contractor. In carrying out the provisions of the Contract or in exercising
any power or authority otherwise, it is understood that in such matters the Department acts for
the State.
20.2 The venue for any cause of action based upon this Contract be either party to this Contract,
shall be in Polk County, Iowa, and the law of the State ofIowa shall apply.
Section 21.0 Assurance
21.1 The Contractor hereby assures and certifies to comply with the regulations, policies,
guidelines, and requirements of office for Management and Budget (OMB) Circulars No. A-87,
and A-I 10, 47 CFR, No. 129, and Department ofInterior Financial Assistance Rule 50, Code of
Federal Regulations (CFR) Part 80 as they relate to the use offederal funds for this project.
21.2 The Contractor shall not discriminate against any employee or applicant for employment
because ofrace, creed, color, religion, national origin, sex, age, political belief, or disability, in its
employment practices. Such employment practices may include, but are not limited to,
recruitment, recruitment advertising, hiring, layoff or termination, promotion, demotion, transfer,
rates of pay, training and participation in upward mobility programs, or other forms of
compensation and use offacilities.
21.3 The Contractor and any subcontractors shall maintain no information about any individual in
a manner which would violate the provisions of the Privacy Act of 1974, P.L. 93-579, as
amended. Advance notice shall be given to the Department of Natural Resources and the
Department ofInterior in the event it is anticipated that information will be retained in a system of
records as defined by the Privacy Act, 5USC552a (a) (5). Notice must be sufficient to enable the
publication of a system description in the Federal Register in accordance with 5USC522a (e) (11)
and the submission of a Report on New Systems in accordance with 5USC522 (0).
21. 4 The Contractor shall send to each labor union or representative or workers with which it has
a collective bargaining agreement or other contract or understanding a notice advising the labor
union or representative of the Contractor's commitments under this nondiscrimination clause and
shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
21.5 The Contractor shall comply with all relevant provisions of the Iowa Civil Rights Act and
Iowa Code I9B.7, Iowa Executive Order #15 of 1973, Title VI of the Civil Rights Act of 1964
(P.L. 88-352), Title IX of the Educational Amendments of 1972, as amended (pL. 92-318, P.L.
93-568, and P.L. 94-482), Section 504 of the Rehabilitation Act of 1973 (p.L. 93-112), the Age
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Discrimination Act of 1975 (P.L. 94-135), Title VIII of the Civil Rights Act of 1968 (p.L. 90-
284), the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, the
National Historic Preservation Act of 1966, the Federal Aid in Sport Fish Restoration Act of 1950
(Boating Infrastructure Grant Program), and the Americans with Disabilities Act of 1990
(p.L.lOl-336). The Contractor shall furnish all information and reports requested by the
department and will permit access to its payroll and employment records by the Department or the
Department's grantor agency for purposes of investigation to ascertain compliance with this
nondiscrimination clause. The Contractor may be required to make available upon request its
Affirmative Action Program containing goals and time deadline. Any breach of the above
provisions shall be regarded as a material breach of Contract and justification for termination for
cause.
21.6 In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
Contract, this Contract may be canceled, terminated or suspended in whole or in part and the
Contractor may be declared ineligible for further action, and such sanctions may be imposed and
remedies invoked, as provided by the Iowa Civil Rights Act, Chapter 216, Code ofIowa 1993, as
heretofore and hereinafter amended, or as otherwise provided by law.
21.7 The Contractor shall include the provisions of subsections 21.1 through 21.6 hereof, in every
subcontract unless specifically exempted by approval of the Department, so that such provisions
will be binding on each subcontractor and vendor. The Contractor shall take such action with
request to any subcontractor as the state may direct as a means of enforcing such provisions
including sanction for non-compliance; provided, however, that in the event the Contractor
becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result
of such direction by the state, the Contractor may request the State of Iowa to enter into such
litigation to protect the interest of the State ofIowa.
Section 22.0 Contingent Fees
The Contractor warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the Contractor, to solicit or secure this Contract, and that
it has not paid or agreed to pay any company or person, other than a bona fide employee working
solely for the Contractor, and fee, gift, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, the
Department shall have the right to annul this Contract without liability or, in its discretion, to
deduct from the Contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
Section 23.0 Officers Not to Benefit
No officer or employee of the state shall participate in any decision relating to this Contract which
affects his or her personal interest or the interest of any corporation, partnership, or association in
which he or she is directly or indirectly interested; or have any interest, direct or indirect, in this
Contract or the proceeds thereof
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Section 24.0 Audit Requirements
The Contractor shall submit a copy of its regularly conducted annual audit(s), pursuant to OMB
Circular A-128 or OMB A-IlO (whichever is applicable to the Contractor), to the Department for
the time period(s) encompassed by this Contract. If this audit is not performed or available,
subsequent arrangements are to be made with the Department.
Section 25.0 Program Income
The Contractor will treat any income derived as the result of the grant as Program Income. All
program income received by the Contractor shall be treated according to standards stated in
Department of Interior Financial Assistance Rule 43, Code of Federal Regulations Part 12.
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APPENDIX A
Contract No.: FY -07-BIG
Budget Summary
Project Items Total Recipient BIG Request Recipient
Estimate" for FundiDl!: Match
Engineering design & construction $139,480 Not to exceed 75% of Not less than
oversight; Purchase and install eight actual cost or $100,000 25% of actual
(8) transient slips; Purchase and install whichever is less cost
navig:ational aids.
Retained Amount" $5,000 or 5% of actual cost
* Budget figures provided by the City of Dubuque
** See Speciat Conditions, Article X "Payment" Paragraph 10.4.
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