Signed Contracts_IDNR Grant ContractTHE CITY OF
DUB E
~-~~
MEMORANDUM
February 27, 2007
TO: Michael C. Van Milligen, City Manager ~
FROM: Don Vogt, Public Works Director(A~"
c~
SUBJECT: IDNR Grant Contract
INTRODUCTION
The purposes of this memorandum are to provide information and request your
approval of a proposed contract with the Iowa Department of Natural Resources.
BACKGROUND
Last year, Solid Waste Management Supervisor Paul Schultz submitted a Solid Waste
Alternatives Program (SWAP) grant application to the Iowa Department of Natural
Resources (IDNR). The application was for a forgivable loan of $26,500 to finance the
purchase of two "Toughbook" touch screen computers, associated software, and expert
assistance from Barker Lemar Engineering. The computers and software would be
used by our crews to research and record information regarding noncompliant refuse
collection setouts. Please see the attached memorandum from Paul for additional
background information.
DISCUSSION
After consultations with IDNR representatives and City Attorney Barry Lindahl, it was
decided that you should be listed as the City's Contract Officer. The contract itself has
been reviewed, amended, and approved by Barry, Information Services Manager Chris
Kohlmann, and GIS Coordinator Nicole Breitsprecker.
ACTION STEP
I request your consideration of the attached contract and endorsement of same.
CC: Barry A. Lindahl, City Attorney
Attachments
THE CITY OF
DUB E
~,-~-~
MEMORANDUM
February 27, 2007
TO: Donald J. Vogt,
FROM: Paul F. Schultz,
Public Works Director
Solid Waste Management Supervisor~C~
SUBJECT: IDNR PAYT Tracking /Enforcement /Education Pilot Project
The purpose of this memorandum is to request your recommendation for City
Manager Mike Van Milligen, as Contract Officer, to consider signing the attached
contract with the Iowa Department of Natural Resources (IDNR). The purpose of
the contract would be to implement athree-month pilot project in Dubuque to
improve recycling diversion and neighborhood aesthetics /sanitation through
targeted enforcement and education at households chronically setting out excessive
refuse with inadequate curbside recycling participation.
The initial application and draft contract have been reviewed by Information
Services Manager Chris Kohlmann and GIS Coordinator /Analyst Nicole
Breitspecker and Finance Director Ken Tekippe. The proposed draft contract has
been reviewed, revised and approved by City Attorney Barry Lindahl.
Two tablet computers with GPS, DAGIS, Incident Tracking infraction data and
Utility Billing account data would be mounted in solid waste trucks. The Toughbook
touch screen computers would be programmed to allow crews to collect data on
excessive non-compliant setouts with little or no participation in curbside recycling.
Alleys setouts where address identifications are not marked and multiplexes that
house more transient tenants would be the main focus of the pilot.
Customers and property owners, identified by crews using the software,
would be tracked and also notified by mail of the setout violations (photos included
as appropriate), informed of Pay As You Throw program rules and offered recycling
bins if needed.
As part of the pilot project the IDNR Solid Waste Alternatives Program has
proposed a contract to fund the pilot program with a $26,500 forgivable loan.
Barker-Lemar Engineering Consultants would provide the database development,
GIS coordination, and troubleshooting. The city's contribution would be in-kind.
Data collection would start in April 2007 after the contact is executed.
Attachment
SOLID WASTE ALTERNATIVES PROGRAM
PROJECT CONTRACT
IOWA DEPARTMENT OF NATURAL RESOURCES
Contractor:
Contract Number:
Contract Title:
Contract Amount:
Federal ID Number:
Contractor Officer:
Contractor Email Address:
DNR Project Officer:
Distribution Copies:
City of Dubuque
925 Kerper Court
Dubuque, IA 52001
07-G550-14
Pay As You Throw -Tracking, Enforcement and
Education Pilot Project
Forgivable Loan: $26,500
42-6004596
Michael C. Van Milligen, 563-589-4110
Paul Schultz, Project Manager, 563-589-4249
psch u Itz(c~cityofd u bug ue. orq
Jennifer Reutzel, 515-281-8672
Energy and Waste Management Bureau
Copy One - IDNR
Copy Two -Contractor
Time of Performance: February 28, 2007 -October 15, 2007
Tirne of Final Documentation: October 31, 2007
Term of Contract: February 28, 2007- October 31, 2007
Submit Reporting Forms To: Jennifer Reutzel
Energy and Waste Management Bureau
Iowa Department of Natural Resources
502 E. 9 Street
Des Moines, Iowa 50319-0034
Submit Claim Voucher and
Loan Repayments To:
Issue Payment To:
Pam Brown
Management Services Division
Iowa Department of Natural Resources
502 E. 9 Street
Des Moines, Iowa 50319-0034
City of Dubuque
925 Kerper Court
Dubuque, IA 52001
07-G550-14
Page 2 of 18
SPECIAL CONDITIONS AND GENERAL CONDITIONS
The Contractor shall deliver all information and complete all tasks detailed in the
Special Conditions. The rights and obligations of the parties to this Contract shall be
subject to and governed by the Special Conditions, the General Conditions, and the
Appendices. To the extent of any inconsistency between the Special Conditions, the
General Conditions, and the Appendices and any specifications or other conditions that
are made a part of this Contract by reference or otherwise, the provisions of the Special
Conditions and the General Conditions shall control. To the extent of any inconsistency
between the Special Conditions and the General Conditions, the provisions of the
Special Conditions shall control.
SPECIAL CONDITIONS
ARTICLE I. IDENTIFICATION OF PARTIES, PROJECT, AND PROJECT AREA
This Contract is by and between the City of Dubuque (hereinafter referred to as the
Contractor) and the Iowa Department of Natural Resources (hereinafter referred to as
the Department) for the purpose of the Pay As You Throw -Tracking, Enforcement and
Education Pilot Project (hereinafter referred to as the Project). The Project Area is, at a
minimum, defined as the City of Dubuque.
ARTICLE II. DESIGNATION OF OFFICIALS
2.1 Department. The Deputy Director of the Department shall execute any changes
in the terms, conditions, or amounts specified in this Contract. Tom Anderson
shall negotiate on behalf of the Department and, subject to the approval of the
Deputy Director, make any changes to this Contract.
2.2 Contractor. The Contractor Officer is authorized to execute any changes in the
terms, conditions, or amounts specified in this Contract. ~
2.3 Key Contract Personnel.
Jennifer Reutzel, Iowa Department of Natural Resources, 515-281-8672
Tom Anderson, Iowa Department of Natural Resources, 515-281-8623
Michael C. Van Milligen, Contractor Officer, 563-589-4110
Paul Schultz, City Manager's designated Project Manager, 563-589-4249
ARTICLE III. TIME OF PERFORMANCE, TERM OF CONTRACT
3.1 Time of Performance. The Contractor shall commence work under this
Contract on the beginning date and complete contract tasks by the ending date,
as set forth in this Contract unless changed by mutual written agreement.
Contract tasks include all actions and/or submittals required of the Contractor.
3.2 Term of Contract. The Contract remains open for the Term of Contract as
stated on the title page of this Contract. The Contract and all obligations of the
Department contained herein may be terminated upon the occurrence of one of
the following: a) the loan is repaid in full including any court costs and penalties
and all conditions of the Contract have been fulfilled as determined by the
07-G550-14
Page 3 of 18
Department; b) the Contract is terminated due to any default under Secfion 71 of
the General Conditions; or c) if there has been no disbursement of Solid Waste
Alternatives Program funds within twelve (12) months immediately following the
announcement of awards, unless an extension is requested in writing by the
Contractor and approved by the Department.
ARTICLE IV. SCOPE OF WORK
4.1 Project Description. The Contractor shall conduct a pilot Pay-As-You-Throw
(PAYT) Tracking and Enforcement Project to improve efficiency and
effectiveness of the city's existing PAYT program. The Project will reduce
residential infractions of the existing PAYT system and allow for more targeted
recycling education to PAYT offenders as a means of reducing the amount of
waste being set out at the curb. Funding will go towards the purchase of
technology for participating collection vehicles and support of the recycling
education activities targeted towards residential PAYT offenders. _
Upon successful demonstration of this alternative to landfilling, the Contractor
shall assist the Department to promote the information gained from this Project
to other public and private sector entities. Any information as a result of this
Project becomes public information.
4.2 Materials and Markets. Materials to be diverted from a sanitary landfill resulting
from the Project include: curbside recyclables.
4.3 Milestones: The Contractor shall accomplish the activities listed in the Project
Milestones by the assigned date. If changes are required, the Contractor must
contact the Department in writing and receive approval of the amendment in
writing.
PROJECT MILESTONES
Date Activity
Ongoing Describe efforts to contract with targeted businesses, minority-
owned businesses, or women-owned businesses for at least
ten (10) percent of all purchase/expenditures, which utilize
program funds. A directory can be found on the web at
http://www.iowai. net/iowa/dia/tsb/
Ongoing Submit bid documents for items costing over $10,000 which
utilize program funds.
April 1, 2007 Completion of Task 1: Assessment of existing Pay As You
Throw methodologies
May 1, 2007 Completion of Task 2: Development of a GPS/GIS Data
Collection program
June 1, 2007 Completion of Task 3: Implementation of the Project's pilot
route and collection of PAYT Enforcement Infractions
07-G550-14
Page 4 of 18
July 15, 2007 FY 2007 claim vouchers due - Estimated expenditures:
$26,500 - Please note that claim vouchers submitted
exceeding the estimated expenditures for each fiscal year will
be paid only when funds are available.
August 31, 2007 Completion of Task 4: Implementation of the PAYT
Enforcement and Education/Outreach Practices
September 30, Completion of Task 5: Measurement of Implemented PAYT
2007 Enforcement Practice Impacts and Development of Next Steps
September 30, Open House Held: Jennifer Reutzel informed 30 days before
2007 the event. Media Invited.
Ongoing Notify the Department of relevant conferences or workshops at
which the Project can be presented
October 31, 2007 Final Documentation due to the Department
4.4 Reporting Requirements. The Contractor shall notify the Department with
progress. reports on the status of the Project. Reports are due to the Department
on the dates outlined below in the Reporting Schedule. The Contractor shall
report on events occurring in the reporting period including but not limited to:
1. A thorough summary of all progress on milestones as identified in Section
4.3, specifically including a summary of activities completed within the
specified Project Tasks
2. A summary of the route selected for the pilot Project, with a comparison to
the other existing "traditional" routes
3. A summary of all education activities completed, including development of the
education pieces to be mailed to PAYT violators, a summary of the usage
plans for the education pieces, any advertising connected to the Project, etc.
4. A summary of any informal results/observations, etc., on the Project collected
within the implementation phase
5. Summary and purpose of all expenditures
6. Any additional Project successes or failures
REPORTING SCHEDULE
Due Date Reporting Period Report Type
April 15, 2007 February -March 2007 Quarterly
July 15, 2007 April -June 2007 Quarterly
October 15, 2007 July -September 2007 Quarterly
October 31, 2007 February -September 2007 FINAL
4.5 Final Documentation. As part of the final documentation, the following shall be
provided:
1. A case summary (2 - 3 pages) that provides an overall summary of the whole
Project -include representative photographs, specific successes, and
lessons learned through start-up to full implementation. The case summary
should also include:
07-G550-14
Page 5 of 18
• A detailed narrative of each step taken by the Contractor from determining
the need for the pilot through completion of the analysis of results and
planning of next steps
• A summary of all Tasks (1 through 5 as identified in Section 4.3) required
from Project initiation through completion
• A summary of all results obtained as a result of the Project
• Total tonnage diverted from the landfill as a result of this Project, itemized
by waste stream (if known)
• A detailed narrative of Project inefficiencies and corrective actions taken
• A narrative on the transferability of this Project to other Iowa communities
looking to undertake a similar Project
• A summary of future plans for the Pay As You Throw pilot Project as plans
move forward
2. Copies of all outreach, education, or marketing materials used in Project
promotion, including copies of news articles regarding the Project.
Disclaimer. Any publications pertaining to work performed under this Contract
shall contain the following statement:
"This (insert type of material) was prepared with the
support of the Iowa Department of Natural Resources
Contract Number 07-G550-14. However, any opinions,
findings, conclusions, or recommendations expressed
herein are those of the author(s) and do not necessarily
reflect the views of IDNR."
The Department reserves the right to publish the reports, publications, and 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.
4.6 Project Budget: The Department agrees to pay the Contractor for expenses
incurred for the Project in the amounts stated in the budget outlined on this page,
not to exceed the Contract Amount indicated on the title page of this Contract. The
Department may fund up to 75 percent of the purchase price of each item
purchased with funds.
PROJECT BUDGET
ITEM DNR AWARD COST SHARE TOTAL COST
Equipment and training $11,000 $4,000 $15,000
(referenced below)
Data collection program $15,000 $13,000 $28,000
development
07-G550-14
Page 6 of 18
Data collection, $500 $20,000 $20,500
enforcement and
education activities
TOTAL $26,500 $37,000 $63,500
Equipment: Two (2) truck tablet computers and related hardware/software;
peripheral data collection equipment; Project employee training.
4.7 Budget Amendments: The Contractor shall request any budget deviations
between any existing budget line items. The Contractor shall provide the
Department a written request of the proposed budget deviation. The proposed
revised budget cannot exceed the contract award amount as identified on the
title page of the contract and local match requirements must be maintained. This
written notice shall include:
a) a statement of the reason(s) the budget deviation is requested and the
impact on the intent of the Project; and
b) a revised budget indicating affected budget line items
The Department shall respond in writing to the request. Expenses cannot occur
relating to the revised budget until the Contractor receives an approval letter
from the Department.
4.8 Claim Voucher Procedure:
The Contractor shall submit:
a) one (1) signed original and three (3) pressure copies of the State of
Iowa Claim Voucher.
b) one (1) Contract Expense Sheet to the Department for completed
portions of the Project.
c) Invoices or receipts for items for which reimbursement is requested
must be attached to the claim voucher.
d) If local match is to be shown: Indicate this on the Contract Expense
sheet and attach necessary documentation showing that local match
identified has been paid.
Claim vouchers should be sent to:
Pam Brown
Management Services Division
Iowa Department of Natural Resources
Wallace State Office Building
502 E. 9th Street
Des Moines, Iowa 50319-0034
Claim vouchers must be submitted within ninety (90) days of the date of the
oldest attached invoice. It is recommended that the Contractor submit claim
vouchers as expenses are incurred
Claims shall be made only on items listed in the Project budget outlined in
section 4.6 of this contract.
No costs for which funds will be used can be incurred before the beginning date
or after the ending date of the Time of Performance.
07-G550-14
Page 7 of 18
4.9 Funding. The Department shall process claim vouchers for payment within thirty
(30) working days provided:
a) the State claim voucher and contract expense sheet are correctly
completed;
b) all required documentation is attached;
c) all Contractor requirements (including local, state, and federal statutes,
ordinances, rules, and regulations), to date, are completed to the
satisfaction of the Department; and
d) The Contractor is accomplishing Project Milestones identified in Article
IV to the satisfaction of the Department. If any of these conditions is
not met, the Department will notify the Contractor of the deficiencies
and the Department may return the canceled claim voucher to the
Contractor. Anew claim voucher may be submitted to the Department
for payment once Contract requirements are met.
ARTICLE V. REVIEW OF WORK
The Department or its advisors shall have the right to review and observe at any time,
completed work or work in progress on the Project.
5.1 Property Sales.
5.1.1 In the event that any nonexpendable tangible personal property item(s)
purchased or constructed with program funds, are sold, and proceeds
from that sale are used for other than acquisition of comparable
replacement items during the Term of Contract, the Department shall
Immediately be paid a percentage of the sale price equal to the
percentage of program funds used in the original purchase or construction
of the nonexpendable tangible personal property sold. Reimbursement will
be based solely on items documented on the Contract Expense Sheet
and purchased, including installation, with program assistance.
This provision is not intended to reduce the total amount due the
Department under the terms of the loan.
5.1.2 Forgivable Loan Only Awards: In the event that any nonexpendable
tangible personal property item(s) purchased or constructed with program
funds, are sold, and proceeds from that sale. are used for other than
acquisition of comparable replacement items to maintain the intent of the
Project for up to five (5) years after the expiration of the Term of Contracf,
the Department shall be paid a percentage of the sale price equal to the
percentage of program funds used in the original purchase or construction
of the nonexpendable tangible personal property sold. Reimbursement will
be based solely on items documented on the Contract Expense Sheet
and purchased, including installation, with program assistance.
If the sale of any nonexpendable tangible personal property item(s)
purchased or constructed with program funds are sold and a# the
Department's discretion signifies the end of the Project, provisions of
Article 5.6 may be enforced.
Prior to the sale of any nonexpendable tangible personal property, the
Department shall be notified no less than thirty (30) working days prior to
the Contractor entering into an agreement for the sale of the
nonexpendable tangible personal property. The written notice shall
07-G550-14
Page 8 of 18
include a detailed description, including specifications, of the item or items
proposed to be sold. For the purposes of this contract, nonexpendable
tangible personal property includes but is not limited to, vehicles, trailers,
collection and processing equipment, building construction, building
remodeling, and scales. "Comparable replacement items" means items
that maintain the intent of the Project.
5.2 Reporting: Failure to submit timely and approvable reporting forms or the final
documentation may result in any or all of the following:
1. The forgivable loan will revert to a zero interest loan.
2. The Department terminates the Contract and declares the entire unpaid
loan balance and costs of collection immediately due and payable.
5.3 Prepayment of loan funds will not alleviate the Contractor of complying with
conditions of this Contract, including reporting requirements without prior
approval of the Department.
5.4 Milestones: Milestone activities must be met by the assigned date. If the
assigned date needs to be amended, prior written Department approval must be
received. Failure to accomplished milestones by contracted or amended dates
may result in any or all of the following:
1. The forgivable loan will revert to a zero interest loan.
5.5 Budget: Execution of this Contract is certification that existing in-kind local
match, as represented in the Project budget is true, correct, and accurate.
Falsely represented in-kind local match may result in any or all of the following:
1. The forgivable loan will revert to a zero interest loan.
5.6 Project Failure. In the event that the Project fails or ceases operations as
originally proposed during the Term of Contract and without prior Department
approval the Department may:
1. The forgivable loan will revert to a zero interest loan.
2. The Department may repossess all nonexpendable tangible personal
property used in the performance of this Contract.
5.7 Funding for this Project is subject to the continued financial support of the State
of Iowa. If the State discontinues funding, this Contract may be terminated or
amended by the Department.
5.8 Ninety (90) days after the end of the Time of Performance the Department shall
de-obligate any un-used award monies from the Project.
ARTICLE VI. INSURANCE
6.1 The Contractor is a member of the Iowa Community Assurance Pool. The
Contractor shall submit to the Department a copy of the Contractor's Certificate
of Insurance and a written statement to attest that the Contractor holds an
adequate level of insurance to insure items purchased with program funds. This
documentation shall be submitted before the time of purchase of grant and/or
loan funded items unless approved by the DNR Project Officer.
6.2 The Department or its advisors shall have access for the purpose of examination
of any insurance policy and associated records regarding insurance coverage of
any item purchased or constructed using funds under this Contract.
07-G550-14
Page 9 of 18
6.3 The Contractor shall maintain an adequate level of insurance for the period set
forth under Term of Contract.
6.4 The Contractor understands and agrees that the Department must approve any
expenditures utilizing moneys received from the Contractor's insurer for the loss
or damage of any item(s) purchased or constructed using grant and/or loan
funds during the Term of Contract. Failure to receive prior approval from the
Department may result in any or all of the following:
1. The forgivable loan will revert to a zero interest loan.
6.5 In the case where items are lost or damaged, and the Contractor has received
payment from the Contractor's insurer for this loss or damage, and the
Contractor elects that these moneys will not be used to purchase replacement
items or repair damaged items, the Contractor shall pay the Department a
percentage of these insurance moneys equal to the percentage of grant and/or
loan funds used in the original purchase of the item(s) lost or damaged for which
insurance proceeds have been received during the Term of Contract.
ARTICLE VI1. TERM OF LOAN
7.1 The forgivable loan shall be forgiven if all contractual obligations referred to in
this contract are met to the satisfaction of the Department. If contractual
obligations are not met to the satisfaction of the Department, then the forgivable
loan will revert to a zero interest loan, repayment will be required. Appendix A,
Repayment Schedule will be added.
7.2 The Department agrees to make a loan to the Contractor to assist in the
financing of the Project. In the amount of:
Forgivable Loan: $26,500
7.3 The obligation to repay the loan shall be evidenced by the Contract and the
Promissory Note executed by the Contractor.
7.4 The Loan may be prepaid in part or in full at any time without penalty.
Prepayment of this Loan will not alleviate the Contractor from fulfilling other
conditions set forth in this Contract or as amended by the Department and the
Contractor.
7.5 The Contractor's submittal of a partial payment, or failure to pay any installment
when due, or any other default by the Contractor under this Contract, may result
in the withholding of any or all unspent loan funds and may be cause for the
Department to terminate the Contract and declare the entire unpaid balance and
costs of collection immediately due and payable.
GENERAL CONDITIONS
SECTION 1. CONTRACT NEGOTIATION
The Contractor hereby agrees, upon commencement of Contract negotiations, or after
signature of the Contract 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
07-G550-14
Page 10 of 18
Department shall be free to terminate the Contract negotiations or the signed Contract,
whichever applies, by the described method in Section 7 7 of the General Conditions.
SECTION 2. 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. 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. 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. ASSUMPTION OF RISK AND LIABILITIES
The Contractor shall assume all risks and liabilities in connection with the performance
of the Contract and shall be responsible for all claims, demands, action or causes of
action of whatever nature or character arising out of or by reason of the execution or
performance of the work provided for herein, except to the extent caused by the State
of Iowa. The Contractor shall indemnify and hold harmless the Department, its
employees, agents or representatives, and the State of Iowa from all claims, demands,
actions or causes of actions, arising out of or by reason of the execution or
performance of the work provided for herein, and shall be responsible for all attorney
fees, costs and expenses incurred by the Department, its employees, agents or
representatives and the State of Iowa, except to the extent caused by the State of Iowa.
SECTION 6. TRANSFER OF WORK
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.
SECTION 7. 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. COMPLIANCE REQUIREMENTS
The Contractor shall comply with all local, state, and federal statutes, ordinances, and
rules or other requirements applicable to the establishment and operation of the
Contractor's facility.
SECTION 9. ACCOUNTS AND RECORDS
9.1 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.
07-G550-14
Page 11 of 18
The Contractor shall be prepared to support charges for salaries and wages by
time, attendance and payroll records.
9.2 The Department, State Auditor, 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 Sections 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 199 Iowa Administrative Code
Section 1.9 and Iowa Code Chapter 22.
9.3 All records in the possession of the Contractor pertaining to this Contract shall be
retained by the Contractor for the period of five (5) years beyond the ending date
set forth under Term of Contract.
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 five years from
the ending date of Term of Contracf 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. 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 uncollectible accounts and other claims and
related costs);
f) Contingencies (contributions to a contingency reserve or any similar provision for
unforeseen events);
g) Contributions or 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);
k) Insurance premiums and other costs associated with insuring items purchased using
loan funds;
I) Office equipment such as furniture and computers, etc.
SECTION 11. TERMINATION OF CONTRACT
07-G550-14
Page 12 of 18
11.1 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.
11.2 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, within sixty (60) days, 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 12. COPYRIGHTS AND USE OF DATA
12.1 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.
12.2 The Contractor shall be considered the author of all original subject data.
12.3 The State may duplicate, use and disclose in any manner for any authorized
State activity, and may allow others to do so, all reports and subject data
deliverable under this Contract.
12.4 In the Event the Contractor secures a copyright, the Contractor agrees to and
does hereby loan to the State, its officers, agents and employees acting within
the scope of their official duties, aroyalty-free, 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, instrumentalities 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.
12.5 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 rights contained in this Section.
12.6 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
07-G550-14
Page 13 of 18
information, the parties hereto agree to confer to determine future uses to be
made of the subject data.
SECTION 13. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT
13.1 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.
13.2 In the event of any claim or suit against the Department, the State of Iowa, 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 14. EQUIPMENT
14.1 Definition -For loans and cooperative agreements to other than state and local
governments, the term "equipment" means nonexpendable 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. The 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.
14.2 Definition - For loans and cooperative agreements to state and local
governments, the term "equipment" means nonexpendable tangible personal
property to be used in the performance of the Contract, having an acquisition
cost of five-thousand ($5000) dollars or more, and a useful life expectancy of
greater than one (1) year. The 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.
14.3 The Contractor shall provide the Department with the original invoice(s) of
property purchased. Such purchased property must correspond with approved
Contract items.
14.4 The Contractor shall keep an inventory of the property in its 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.
14.5 The Contractor shall maintain adequate levels of insurance and 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.
14.6 The Contractor shall implement maintenance procedures to keep all property in
good condition. Maintenance costs in excess of one-half (1/2) the estimated
current fair market value of property or equipment shall require prior Department
approval.
07-G550-14
Page 14 of 18
SECTION 15. ASSIGNMENT OF INTEREST
Neither the Contract 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 meaning of Section 11.1 of the General Conditions.
SECTION 16. PERSONNEL
16.1 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.
16.2 Qualification -All of the work and services required hereunder will 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. -
16.3 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 17. 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 of 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 portions of the Contract shall remain in effect and shall be
construed as if such invalid or conflicting portions were not contained herein.
SECTION 18. LITIGATION
18.1 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.
18.2 The venue for any cause of action based upon this Contract by either party to
this Contract shall be in Polk County, Iowa, and the law of the State of Iowa shall
apply.
SECTION 19. ASSURANCE
19.1 The Contractor shall not discriminate against any employee or applicant for
employment because of race, creed, color, religion, national origin, sex, age,
political belief, or handicap, 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 of facilities.
19.2 The Contractor will send to each labor union or representative or workers with
which it has a collective bargaining agreement or other contract or understanding
07-G550-14
Page 15 of 18
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.
19.3 The Contractor will comply with all relevant provisions of the Iowa Civil Rights Act
and Iowa Code 196.7, Iowa Executive Order #15 of 1973, and Title VI of the Civil
Rights Act of 1964 (PL 88-352). 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 consistent with Iowa Code Chapter 22. 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.
19.4 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 of Iowa, as heretofore
and hereinafter amended, or as otherwise provided by law.
SECTION 20. 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, any 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 21. 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.
07-G550-14
Page 16 of 18
CONTRACT SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Contract.
CITY OF DUBUQUE
IOWA DEPARTMENT OF NATURAL
RESOURCES
By: ~ By:
Name: Michael C. Van Milligen
Title: City Manager
Date:
Name: Liz Christiansen
Title: Deputy Director
Date:
ENVIRONMENTAL SERVICES DIVISION
By:
Name: Wayne Gieselman
Title: Administrator
Date:
Promissory Note
Contract No. 07-G550-14
PROMISSORY NOTE
Loan Amount: Contractor:
$26,500 City of Dubuque
925 Kerper Court
Dubuque, IA 52001
Date:
Signature:
Title:
For the loan received under Contract Number 07-G550-14, the above signed hereby
promises to pay the Iowa Department of Natural Resources for reimbursement of the
Solid Waste Alternatives Program a sum of:
Forgivable Loan: $26,500
The forgivable loan may be forgiven if all contractual obligations referred to in this
contract are met. If the requirements are not met then the forgivable loan will revert to
a zero interest loan, repayment will be required. Appendix A, Repayment Schedule will
be added.
When submitting. a payment to the Department, a copy of the Repayment Schedule
must be correctly completed and shall accompany each payment made to the
Department.
General Information
1. Payments. All payments under this Promissory Note shall:
a) Be made Pay To The Order of the Department of Natural Resources and
include the contract number on the check;
b) Be submitted to the Iowa Department of Natural Resources, Wallace State
Office Building, 502 E. 9th Street, Des Moines, Iowa 50319;
c) Be submitted to the attention of Pam Brown; and
d) Be accompanied by a correctly completed Repayment Schedule.
Promissory Note
Contract No. 07-G550-14
2. Acceleration Upon Default. This Promissory Note is issued to evidence an
obligation to repay a $26,500 loan according to the terms of the Contract between
the Department of Natural Resources, Energy & Waste Management Bureau and
the Contractor. The forgivable loan portion of this award shall be forgiven if all
contractual obligations referred to in this contract are met. At the election of the
Department and with written notification, this Promissory Note shall become
immediately due and payable in the event any payment is not made when due or
upon the occurrence of any event of default under the terms of the Contract.
3. Reduced Amount. In the event the Contractor fails to claim and spend the full
face amount of the Note as set out above, then the amount of each installment
payment shall be reduced accordingly in equal amounts.
4. Security. Payment of this Note is secured by a Uniform Commercial Code
Financing Statement filed with the Office of the Secretary of State on all tangible
property purchased with these funds under this contract. The Department is holder
of the first security interest on all vehicle titles purchased which utilized funds
awarded under the Solid Waste Alternatives. Program under this contract. Title
certificates for vehicles shall be filed with the Iowa Department of Transportation
and the lien noted on the title certificate. The Department is entitled to the benefits
of the security interest therein described.
5. Waiver. No delay or omission on the part of the Department in exercising any right
under this Note shall operate as a waiver of that right under this Promissory Note.
A waiver on any one occasion shall not be construed as a waiver of any right and/or
remedy on any future occasion.
6. Waiver of Protest. Each surety, endorser and guarantor of this Note, expressly
waives presentment, protest, demand, notice of dishonor or default, and notice of
any kind with respect to this Note.
7. Costs of Collection. The Contractor will pay on demand all costs of collection,
maintenance of collateral, legal expenses, and attorney's fees incurred or paid by
the Department in collecting and/or enforcing this Promissory Note on default.
8. Miscellaneous. The above General Information headings in this Promissory Note
are for the convenience of reference only, shall not define or limit the provisions
hereof and shall not have any legal or other significance whatsoever.