28 E Agreement_Dubuque Soils and Water Conservation District_Catfish Creek Copyright 2014
City of Dubuque Action Items # 7.
ITEM TITLE: Catfish Creek Watershed Partnership - 28E Agreement
SUMMARY: City Manager recommending City Council authorization to amend the
existing 28E agreement with Dubuque County and the Dubuque Soil and
Water Conservation District for the continued joint support of the Catfish
Creek Watershed Authority Board and the Urban Conservationist Position
for the Catfish Creek Watershed.
RESOLUTION Authorizing the Amending of a 28E Agreement with
Dubuque County and the Dubuque Soil and Water Conservation District
Regarding the implementation of a Waterhsed Management Plan for the
Catfish Creek Watershed Basin
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Catfish Creek Watershed Partnership-28E Agreement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ 28E Agreement Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Catfish Creek Watershed Partnership - 28E Agreement
DATE: November 24, 2014
City Engineer Gus Psihoyos recommends City Council authorization to amend the
existing 28E agreement with Dubuque County and the Dubuque Soil and Water
Conservation District for the continued joint support of the Catfish Creek Watershed
Authority Board and the Urban Conservationist Position for the Catfish Creek
Watershed.
In May of 2012, the City Council authorized the execution of a 28E Agreement for the
establishment of a Catfish Creek Watershed Management Authority. The role of the
Catfish Creek Watershed Management Authority is to look into reducing flood risks,
improving water quality, provide information to help educate residents, and oversee the
implementation of improvements should monies be made available to the Catfish Creek
Watershed Management Authority. The City received a $24,500 watershed planning
grant from the Iowa Economic Development Authority to help create the Catfish Creek
Watershed Management Authority. In 2013, the City of Dubuque received $187,330
from Iowa Economic Development Authority for the Catfish Creek Watershed
Management Authority to develop a Catfish Creek Watershed Management Plan.
In 2012, the City of Dubuque became the first community to be awarded funding
through the State of Iowa Water Resource Restoration Sponsored Project program
administered by the Iowa Department of Natural Resources. Through the program, the
City is authorized to utilize $9.4 million in what would have been interest paid to the
state related to the loan to renovate the Water Resource and Recovery Center to
instead construct green alleys throughout the Bee Branch watershed. Since then,
several communities have taken advantage of the program.
In August of 2014, the City Council authorized an application to the Iowa Department of
Natural Resources for $2.4 million in Clean Water SRF Sponsorship Program funding
for improvements throughout the Catfish Creek Watershed.
In October of 2014, the City was notified that the Iowa Department of Natural Resources
was recommending $1.4 million in funding for the Catfish Creek Watershed
improvements. The issue will be presented to the Environmental Protection
Commission for their consideration on December 16, 2014. The funding will be used for
the restoration of streambank and floodplain areas along the South Fork of Catfish
Creek, wetland creation in the headwaters of Catfish Creek, streambank restoration in
Catfish Creek, permeable paver parking lots for both EB Lyons and Swiss Valley Nature
Center, a cost share program for soil quality restoration for residents, and a cost share
program focusing on streambank and riparian buffer strips for agricultural land owners.
The current 28E Agreement runs for a period of five years and would expire in 2016.
With the recent approval by the Iowa Environmental Protection Commission of$1 .2
million in Iowa Department of Natural Resources Sponsored Project funding for
improvements in the Catfish Creek Watershed and the issuance of the City's Municipal
Separate Storm Sewer System permit for the next five years, it is appropriate to renew
the 28E agreement through Fiscal Year 2021 .
The agreement requires a payment from the City over a six-year period starting in
FY2016. The additional year is due to the overlap with the existing 28E agreement.
This six year period coincides with the City's recently renewed Municipal Separate
Storm Sewer System permit with the Iowa Department of Natural Resources, and other
long term grant opportunities.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
A&nt.-
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Jennifer Larson, Budget Director
2
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Mas terpiece o n the Miss issippi zoos
T0: Michael C. Van Milligan, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Catfish Creek Watershed Partnership - 28E Agreement
(CIP#7202331)
DATE: November 26, 2014
INTRODUCTION
The purpose of this memo is to seek authorization to amend the existing 28E
agreement with Dubuque County and the Dubuque Soil and water Conservation District
(DSWCD) for the continued j'o'int support of the Catfish Creek Watershed Authority
Board and the Urban Conservationist Position for the Catfish Creek Watershed.
BACKGROUND
In August of 2010 the Environmental Stewardship Advisory Commission (ESAC) asked
the City Council to support the development of a watershed management plan for the
Catfish Creek watershed with the goal of improving the water quality in the Mississippi
River by improving the contributing streams and watershed in the area. The Catfish
Creek Watershed Management Plan (WMP) is now near completion (December 2014)
and the next step will be to start implementing the WMP.
In March of 2011, the City Council adopted the five-year CIP Budget that includes
funding for the Catfish Creek watershed partnership (CIP#7202331).
The City's NPDES MS4 (stormwater) permit requires the City to develop and implement
a watershed management plan for the Catfish Creek Watershed.
In June of 2011, the City Council adopted Resolution 192-11 authorizing the execution
of a 28E Agreement with Dubuque County and the Dubuque County Soil and Water
Conservation District for thePurpose of creating an urban conservationist position to
perform urban conservation and watershed related activities pertinent to Dubuque
County, the City of Dubuque, and the Dubuque Soil & Water Conservation District
relating to the creation of a watershed management plan for the Catfish Creek
Watershed basin.
In May of 2012, the City Council adopted Resolution 124-12 authorizing the execution of
a 28E Agreement for the establishment of a Catfish Creek Watershed Management
Authority (CCWMA). The role of the CCWMA is to look into reducing flood risks,
improving water quality, provide information to help educate residents, and oversee the
implementation of improvements should monies be made available to the CCWMA. The
City received a $24,500 watershed planning grant from the Iowa Economic
Development Authority (IEDA) to help create the CCWMA. And in 2013, the City of
Dubuque received $187,330 from IEDA for the CCWMA to develop a Catfish Creek
Watershed Management Plan.
In 2012, the City of Dubuque became the first community to be awarded funding
through the state Water Resource Restoration Sponsored Project program administered
by the Iowa Department of Natural Resources (IDNR). Through the program, the City is
authorized to utilize $9.4 million in what would have been interest paid to the state
related to the loan to renovate the Water Resource and Recovery Center to instead
construct green alleys throughout the Bee Branch watershed. Since then, several
communities have taken advantage of the program.
In August of 2014, the City Council authorized an application to the Iowa Department of
Natural Resources for $2.4 million in Clean Water SRF Sponsorship Program funding
for improvements throughout the Catfish Creek Watershed.
In October of 2014, the City was notified that the IDNR was recommending $1 .4 million
in funding for the Catfish Creek Watershed improvements. The issue will be presented
to the Environmental Protection Commission for their consideration on December 16,
2014. The funding will be used for the restoration of streambank and floodplain areas
along the South Fork of Catfish Creek, wetland creation in the headwaters of Catfish
Creek, streambank restoration in Catfish Creek, permeable paver parking lots for both
EB Lyons and Swiss Valley Nature Center, a cost share program for soil quality
restoration for residents, and a cost share program focusing on streambank and riparian
buffer strips for agricultural land owners.
DISCUSSION
Per the terms of the current 28E agreement, the City provides funding for an Urban
Conservationist who helps to administer the Catfish Creek Watershed Authority Board
and implement the Catfish Creek Watershed Management Plan. The Urban
Conservationist also assists the City's efforts to comply with its Municipal Separate
Storm Sewer System (MS4) National Pollution Discharge Elimination System (NPDES)
permit required by the federal Clean Water Act. Mr. Eric Schmechel has been serving in
the position for the past several years.
Amending the agreement will ensure that an Urban Conservationist will be available to
help finalize and implement a Watershed Management Plan for Catfish Creek.
Additionally, the Urban Conservationist will continue to assist the City's efforts to remain
compliant with the City's MS4 permit that runs from November 2014 through October
2019. Per the amended agreement, the Urban Conservationist will:
A. Work with the City of Dubuque Engineering and Planning Staff to implement the
Catfish Creek Watershed Management Plan. This includes implementing
projects throughout the entire Catfish Creek watershed that protect against
flooding and improving water quality;
B. Administer the Catfish Creek Watershed Authority Board (CCWMA);
C. Assist with all aspects of the City's MS4 permit. This includes both erosion
control and stormwater inspections;
D. Prepare, attend, and facilitate at least 2 Erosion Control and Stormwater
workshops per calendar year;
E. Participate in any educational/outreach programs in accordance with the City's
NPDES permit and stormwater/watershed program;
F. Administer the Regional Conservation Partnership Program (RCPP) and
coordinate with the City on all watershed projects in the Apple-Plum Watershed
as it relates to the RCPP project;
G. Assist with the City's Water Resource and Recovery Center's Nutrient Trading
Program;
H. Provide Technical Assistance for any urban conservation activities, including, in-
field assessment, design, and public/private projects;
I. Provide Technical Assistance for any agricultural related Best Management
Practices;
J. Continue to research and apply for all grant related water quality/quantity
opportunities; and
K. Continue to build upon the City's sustainability efforts.
The current 28E Agreement runs for a period of five years and would expire in 2016.
With the recent approval of$1 .2 million in funding for improvements in the Catfish Creek
Watershed and the issuance of the City's MS4 permit for the next five years, it is
appropriate to renew the 28E agreement through Fiscal Year 2021 .
RECOMMENDATION
I recommend that the City amend the existing 28E agreement with the Dubuque Soil
and Water Conservation District and Dubuque County to fund an Urban Conservationist
for the Catfish Creek Watershed through the development and implementation of the
Catfish Creek Watershed Management Plan and the City's five year MS4 NPDES
permit.
BUDGETIMPACT
The agreement requires a payment from the City over a six-year period starting in
FY2016. The additional year is due to the overlap with the existing 28E agreement. This
six year period coincides with the City's recently renewed MS4 permit with the Iowa
DNR, and other long term grant opportunities. The funding is as follows:
FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021
City of
Dubuque $43,446.29 $44,532.45 $45,645.76 $46,786.90 $47,956.57 $49,155.48
Payment
The proposed FY2016-2020 five-year Capital Improvement Program Budget will be
update to reflect the City's contribution outlined in the table above.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution authorizing the execution of
the attached 28E agreement with Dubuque County and the Dubuque Soil and Water
Conservation District for the purpose of preparing and implementing a Watershed
Management Plan for the Catfish Creek Watershed Basin.
Attach.
Prepared by Deron Muehring
cc: Barry Lindahl, City Attorney
Jenny Larson, Budget Director
Ken TeKippe, Finance Director
Deron Muehring, Civil Engineer II
RESOLUTION NO. 377-14
AUTHORIZING THE AMENDING OF A 28E AGREEMENT WITH DUBUQUE COUNTY
AND THE DUBUQUE SOIL AND WATER CONSERVATION DISTRICT REGARDING
THE IMPLEMENTATION OF A WATERHSED MANAGEMENT PLAN FOR THE
CATFISH CREEK WATERSHED BASIN
Whereas, the City of Dubuque's MS4 permit requires the preparation and
implementation of a watershed management plan for the Catfish Creek Watershed; and
Whereas, the Catfish Creek Watershed Basin extends beyond the City limits and
the health of the watershed is impacted by what occurs both inside and outside the City
limits; and
Whereas, a partnership with Dubuque County and the Dubuque Soil and Water
Conservation District allows all parties access to data for a better understanding of the
health of the streams within the Catfish Creek Watershed Basin; and
Whereas, in 2011 the City of Dubuque entered into a 28E Agreement with
Dubuque County and the Dubuque Soil and Water Conservation District for the purpose
of creating an urban conservationist position to perform urban conservation and
watershed related activities pertinent to Dubuque County, the City of Dubuque, and the
Dubuque Soil & Water Conservation District; and
Whereas, the 28E Agreement is to remain in effect for five years unless renewed;
and
Whereas, it is in the best interest of the City of Dubuque to amend and renew the
agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
The Mayor is hereby authorized to sign the 28E Agreement in the form attached
hereto for the purpose of maintaining the services of an urban conservationist position
to perform urban conservation and watershed related activities pertinent to Dubuque
County, the City of Dubuque, and the Dubuque Soil & Water Conservation District.
Passed, approved and adopted this 1st day of December, 2014.
Kala A. Braig, Mayor Pro
Attest:
Trish L. Gleason, Assistant City Clerk
Prepared by: Eric Schmechel, Urban Conservationist, Dubuque Soil & Water Conservation District
Phone: 563-876-3418, 43 Fax: 563-876-3653
Return to: Dubuque Soil & Water Conservation District, 210 Bierman Rd, Epworth, IA 52045
28E AGREEMENT
BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY AND THE
DUBUQUE SOIL AND WATER CONSERVATION DISTRICT for the FUNDING
AND ADMINISTRATION of the URBAN CONSERVATION PROGRAM,
DUBUQUE COUNTY EROSION CONTROL AND STORMWATER
ORDINANCE, CATFISH CREEK WATERSHED AUTHORITY BOARD, AND
IMPLEMENTATION OF THE CATFISH CREEK WATERSHED
MANAGEMENT PLAN
THIS AGREEMENT is entered into Ale) irA. m % , 2014, pursuant to
Iowa Code Chapter 28E. The parties to this agreement are DUBUQUE COUNTY (the
COUNTY) THE CITY OF DUBUQUE (the CITY) AND DUBUQUE SOIL AND
WATER CONSERVATION DISTRICT (the DISRICT).
ARTICLE I
PURPOSE
This agreement is executed for the purpose of creating an urban conservationist position
to perform urban conservation and watershed related activities pertinent to Dubuque
County, the City of Dubuque, and the Dubuque Soil & Water Conservation District.
ARTICLE II
ADMINISTRATOR
The DISTRICT shall be responsible for administering this agreement and shall consult
with both the COUNTY and the CITY for all associated purposes.
ARTICLE III
DURATION
This agreement shall be in effect for a period of six years unless renewed or terminated
pursuant to the provisions of Article XII.
ARTICLE IV
POWERS AND DUTIES
The parties to this agreement shall retain all powers and duties conferred by their
respective enabling acts but shall assist each other in the exercise of these powers and the
performance of these duties.
ARTICLE V
DISTRICT RESPONSIBILITIES FOR the COUNTY
The DISTRICT'S Urban Conservationist and/or staff shall be responsible for the
following:
A. Administering the Dubuque County Erosion and Sediment Control and
Stormwater Ordinance. This includes approving all major erosion control and
stormwater permits for Dubuque County.
B. Performing routine, bi-weekly inspections of residential, municipal, and private
project sites in County limits as pertinent and in accordance with the County's
Stormwater and Erosion Control Ordinance.
C. Developing and submitting all violation letters and inspection reports with
essential documentation to Dubuque County.
D. Reviewing all Stormwater Pollution Prevention Plans (SWPPP) for all National
Pollutant Discharge Elimination System (NPDES) project(s) and any project(s) in
which a COUNTY major erosion control permit is required and/or a COUNTY
stormwater permit is required.
E. Following up on any citizen complaint issue, whether minor or major, and
stormwater permits that have been issued on behalf of the COUNTY.
F. Preparing and presenting an annual report each December to the Dubuque County
Board of Supervisors.
G. Assisting with the COUNTY right-of-way assessment project.
H. Participating in any educational/outreach programs in accordance with the
COUNTY watershed program.
I. Administering the Regional Conservation Partnership Program (RCPP) and
coordinating with Dubuque County Engineer on all watershed projects.
J. Administering the Catfish Creek Watershed Management Authority Board.
K. Administering and implementing projects on behalf of the Catfish Creek
Watershed Management Authority.
L. The Urban Conservationist will be a Soil and Water Conservation District
employee.
M. Total expected weekly time allowance averaging 20 hours per week (1,040 hours
per calendar year)
ARTICLE VI
DISTRICT RESPONSIBILIES FOR the CITY
The DISTRICT'S Urban Conservationist will:
A. Work with the City of Dubuque Engineering and Planning Staff to implement the
Catfish Creek Watershed Management Plan. This includes implementing
projects throughout the entire Catfish Creek watershed that protect against
flooding and improving water quality.
B. Administer the Catfish Creek Watershed Authority Board (CCWMA).
C. Assist with all aspects of the CITY'S MS4 permit. This includes both erosion
control and stormwater inspections.
D. Prepare, attend, and facilitate at least 2 Erosion Control and Stormwater
workshops per calendar year.
E. Participate in any educational/outreach programs in accordance with the CITY'S
NPDES permit and stormwater/watershed program.
F. Administer the Regional Conservation Partnership Program (RCPP) and
coordinate with the CITY on all watershed projects in the Apple -Plum Watershed
as it relates to the RCPP project.
G. Assist with the CITY'S Water Resource and Recovery Center's Nutrient Trading
Program.
H. Provide Technical Assistance for any urban conservation activities, including, in-
field assessment, design, and public/private projects.
I. Provide Technical Assistance for any agricultural related Best Management
Practices the CITY'S assisting with.
J. Continue to research and apply for all grant related water quality/quantity
opportunities.
K. Continue a strong connection with the CITY'S sustainability efforts, building
upon needs and necessary improvements.
L. Total expected weekly time allowance averaging 20 hours per week (1,040 hours
per calendar year).
ARTICLE VII
COUNTY RESPONSIBILITIES FOR the DISTRICT
The COUNTY will:
A. Transfer 100%, of the associated fee schedule to the DISTRICT in accordance
with Article IX of this document.
ARTICLE VIII
CITY RESPONSIBILITES FOR the DISTRICT
The CITY will:
Transfer 100%, of the associated fee schedule to the DISTRICT in accordance with
Article IX of this document.
ARTICLE IX
FEE SCHEDULE AND TIMELINE
The CITY, the COUNTY, and the DISTRICT shall rely on the estimated FEE schedule:
A. Both the CITY and the COUNTY shall transfer 100% of the associated fee
schedule to the DISTRICT by July 15th each calendar year.
Fiscal Year (July 1st - June
30th)
City of Dubuque Payment
Dubuque County Payment
Year 1- 2016
$43,446.29
$43,446.29
Year 2 - 2017
$44,532.45
$44,532.45
Year 3 - 2018
$45,645.76
$45,645.76
Year 4 - 2019
$46,786.90
$46,786.90
Year 5 - 2020
$47,956.57
$47,956.57
Year 6 - 2021
$49,155.48
$49,155.48
ARTICLE X
COMMUNICATIONS
A. The County shall designate an individual as the primary contact for the
COUNTY. Such designation shall be in writing, and any change in designation
shall also be in writing.
B. The DISTRICT shall designate an individual as the primary contact for the
DISTRICT. Such designation shall be in writing, and any change in designation
shall also be in writing.
C. The CITY shall designate an individual as the primary contact for the CITY.
Such designation shall be in writing, and any change in designation shall also be
in writing.
D. A Watershed Advisory Board shall be formed, and a minimum of at least one
representative from the CITY, the COUNTY, and the DISTRICT shall meet
quarterly (4 times a year) to review accomplishments and review challenges.
E. The Watershed Advisory Board shall hold an Annual Review meeting each
December to review accomplishments, challenges, and the associated fee
schedule.
ARTICLE XI
PARTNERSHIP OR JOINT VENTURE
The parties to this agreement acknowledge that this is an independent venture of the
COUNTY and the CITY, and that the DISTRICT is not a partner or joint venturer with
the COUNTY or the CITY. The COUNTY, the CITY, and the DISTRICT have no duties
or responsibilities to each other, financial or otherwise, except as described herein.
ARTICLE XII
ENTIRE AGREEMENT
A. This agreement contains the entire agreement and integrates all of the terms and
conditions contained in and incidental to such agreement and supersedes all prior
negotiations and communications concerning this agreement, oral or written,
between the parties, their agents, employees and representatives. No
modifications or waiver of any provision in this agreement shall be valid unless in
writing and signed by all of the parties. If, for any reason, any provisions of this
agreement shall be inoperative, the validity and affect of the other provisions shall
not be affected thereby.
B. If any provisions of this agreement is found to be invalid by any court,
administrative agency, or tribunal of competent jurisdiction, the invalidity of any
such provision shall not affect the validity of the remaining provisions hereof.
C. This agreement shall be binding upon and inure to the benefit of the parties and
their respective successors and assigns. The parties agree that neither the CITY
nor the COUNTY nor the DISTRICT shall have the right to assign their rights and
obligations hereunder to any party without prior written consent of the other
party. Such consent shall not be unreasonably withheld.
ARTICLE XIII
WARRANTIES AND SPECIAL COVENANT
The COUNTY, it successors in interest and assigns, as part of the consideration hereof,
does hereby covenant and agree that: (1) no person shall be excluded from participation
in, denied the benefits of, or be otherwise subject to discrimination in the use of said
facilities, on the basis of race, color, sex, handicap, religion, politics, or national origin;
(2) no person shall be excluded from participation in, denied benefits of, or otherwise be
subjected to discrimination in the construction of any improvements on, over, or under
such land and the furnishing of services thereon, on the basis of race, color, sex,
handicap, religion, politics, or national origin; (3) that the COUNTY shall use the
premises in compliance with all other requirements imposed by or pursuant to Title 49,
Code of Federal Regulation, Department of Transportation, Subtitle A, Office of
Secretary, Part 21, Nondiscrimination in Federal Assisted Programs of the Department of
Transportation — Effectuation of Title VI of the Civil Rights Act of 1964, and as said
regulations may be amended and Title 23 U.S. Code Section 324, Prohibition of
Discrimination on the basis of sex.
ARTICLE XIV
GOVERNING LAW
This agreement shall be governed by and interpreted under the laws of the State of Iowa.
ARTICLE XV
AMENDMENTS
This agreement may be amended at any time by the parties. All amendments shall be in
writing, signed by both parties, and filed in an electronic format with the Iowa Secretary
of State as required by Iowa Code section 28E.8 (2013).
ARTICLE XVI
TERMINATION
This agreement shall terminate upon the completion of the applicable watershed related
work activities or the termination of the District's Watershed Coordinator.
ARTICLE XVII
FILING AND RECORDING
It is agreed that the DISTRICT will file this agreement in an electronic format with the
Iowa Secretary of State as required by Iowa Code section 28E.8 (2013).
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT
AS OF THE DATE FIRST ABOVE WRITTEN AND SIGNED ON THE DATES
NOTED BELOW.
APPROVED BY: DUBUQUE COUNTY BOARD OF SUPERVISORS
1A/
Wayne Dermer, Chair
ATTEST:
Mona Manternach
Dubuque County Auditor
Date: /1^ / P , 2014
STATE OF IOWA; DUBUQUE COUNTY, ss: This instrument was acknowledged
before me on s (? , 2014 by Wayne Demmer and Mona
Manternach, as Chair of the Dubuque County Board of Supervisors and Dubuque County
Auditor, respectively.
NOTARY PUBLIC FOR THE STATE OF IOWA
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APPROVED BY: DUBUQUE SOIL and WATER CONSERVATION DISTRICT
_ V cr�.? i, Date: /t/i&5' , 2014
Melvin Wilgenbusch, (chairman
STATE OF IO OA; DUB QUE COUNTY, ss This instrument was acknowledged before
, 2014 by Melvin
Wilgenbusch as Chairperson of the Dubuque Soil and Water Conservation District.
me on
CINDY L. MCDERMOTT
Notarial Seal - IOWA
Commission No. 712865
My Commission Expires 4/1 / '4
APPROVED BY: CITY OF DUBUQUE
Roy t) Buol, Mayor
Karla A. Braig, Mayor Pro Tem
ATTEST:
UBLIC FOR THE STATE OF IOWA
Date: December 1 , 2014
STATE OF IOWA; DUBUQUE COUNTY, ss: This instrument was acknowledged
before me on December 1 AA ,2014byRoyBuo1andTrish Gleason
Mayor of the City of Dubuque and City Clerk of Dubuque, respectively.
PAELA J. McCARRON
Commission Number 772419
My Comm. Exp. -. 67-.5
* Karla A. Braig, Mayor Pro Tem
** Trish L. Gleason, Assistant City Clerk
NOp RY PUBLIC FOR WE STATE OF IOWA
Matt Schultz
Secretary of State
State of Iowa
28E
Agreement
FOR OFFICE USE ONLY;
FILED
M507732
12/4/2014 3:57:33 PM
PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM
Item 1. The full legal name, organization type and county of each participant to this agreement are:
Full Legal Name Organization Type *County
Party 1 City of Dubuque City Dubuque
Party 2 Dubuque County County Dubuque
Party 3 Dubuque Soil & Water Conservation District State Agency Dubuque
Party 4
Party 5
Item 2. The type of Public Service included in this agreement is: 560 Planning
(Enter only one Service Code and Description) Code Number
*Enter Other' if
not in Iowa
Service Description
Item 3. The purpose of this agreement is: (please be specific)
To create an urban conservationist position to perform urban conservation and watershed related activities pertinent
to Dubuque County, City of Dubuque, and Dubuque Soil & Water Conservation District
Item 4. The duration of this agreement is: (check one) ®Agreement Expires 7/1/2022 ['Indefinite Duration
[mmlddlyyyy]
Item 5. Does this agreement amend or renew an existing agreement? (check one)
m NO
0 YES Filing # of the agreement:
(Use the filing number of the most recent version filed for this agreement)
The filing number of the agreement may be found by searching the 28E database at: www.sos.state.ia.us/28E
Item 6. Attach two copies of the agreement to this form if not filing online.
Item 7. The primary contact for further information regarding this agreement is: (optional)
LAST Name Siefken
Title Secretary
Email colleen.siefkent ia.nacdnet.net
FIRST Name Colleen
Department Secretary
Phone 563-876-3418 #300
Prepared by: Eric Schmechcl, Urban Conservationist, Dubuque Soil & Water Conservation District
Phone: 563476-3418, #3 Fax: 563-876-3653
Retum to: Dubuque Soil & Water Conservation District, 210 Bierman Rd, Epworth, IA 52045
28E AGREEMENT
BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY AND THE
DUBUQUE SOIL AND WATER CONSERVATION DISTRICT for the FUNDING
AND ADMINISTRATION of the URBAN CONSERVATION PROGRAM,
DUBUQUE COUNTY EROSION CONTROL AND STORMWATER
ORDINANCE, CATFISH CREEK WATERSHED AUTHORITY BOARD, AND
IMPLEMENTATION OF THE CATFISH CREEK WATERSHED
MANAGEMENT PLAN
-THIS AGREEMENT is entered into es t^ -t --'- ' / % _, 2014, pursuant to
Iowa Code Chapter 28E. The parties to this agreement are DUBUQUE COUNTY (the
COUNTY) THE CITY OF DUBUQUE (the CITY) AND DUBUQUE SOIL AND
WATER CONSERVATION DISTRICT (the DISRICT).
ARTICLE I
PURPOSE
This agreement is executed for the purpose of creating an urban conservationist position
to perform urban conservation and watershed related activities pertinent to Dubuque
County, the City of Dubuque, and the Dubuque Soil & Water Conservation District.
ARTICLE II
ADMINISTRATOR
The DISTRICT shall be responsible for administering this agreement and shall consult
with both the COUNTY and the CITY for all associated purposes.
ARTICLE III
DURATION
This agreement shall be in effect for a period of six years unless renewed or terminated
pursuant to the provisions of Article XII.
ARTICLE IV
POWERS AND DUTIES
The parties to this agreement shall retain all powers and duties conferred by their
respective enabling acts but shall assist each other in the exercise of these powers and the
performance of these duties.
ARTICLE V
DISTRICT RESPONSIBILITIES FOR the COUNTY
The DISTRICT'S Urban Conservationist and/or staff shall be responsible for the
following:
A. Administering the Dubuque County Erosion and Sediment Control and
Stormwater Ordinance. This includes approving all major erosion control and
stormwater permits for Dubuque County.
B. Performing routine, bi-weekly inspections of residential, municipal, and private
project sites in County limits as pertinent and in accordance with the County's
Stormwater and Erosion Control Ordinance.
C. Developing and submitting all violation letters and inspection reports with
essential documentation to Dubuque County.
D. Reviewing all Stormwater Pollution Prevention Plans (SWPPP) for all National
Pollutant Discharge Elimination System (NPDES) project(s) and any project(s) in
which a COUNTY major erosion control permit is required and/or a COUNTY
stormwater permit is required.
E. Following up on any citizen complaint issue, whether minor or major, and
stormwater permits that have been issued on behalf of the COUNTY.
F. Preparing and presenting an annual report each December to the Dubuque County
Board of Supervisors.
G. Assisting with the COUNTY right-of-way assessment project.
H. Participating in any educational/outreach programs in accordance with the
COUNTY watershed program.
I. Administering the Regional Conservation Partnership Program (RCPP) and
coordinating with Dubuque County Engineer on all watershed projects.
J. Administering the Catfish Creek Watershed Management Authority Board.
K. Administering and implementing projects on behalf of the Catfish Creek
Watershed Management Authority.
L. The Urban Conservationist will be a Soil and Water Conservation District
employee.
M. Total expected weekly time allowance averaging 20 hours per week (1,040 hours
per calendar year)
ARTICLE VI
DISTRICT RESPONSIBILIES FOR the CITY
The DISTRICT'S Urban Conservationist will:
A. Work with the City of Dubuque Engineering and Planning Staff to implement the
Catfish Creek Watershed Management Plan. This includes implementing
projects throughout the entire Catfish Creek watershed that protect against
flooding and improving water quality.
B. Administer the Catfish Creek Watershed Authority Board (CCWMA).
C. Assist with all aspects of the CITY'S MS4 permit. This includes both erosion
control and stormwater inspections.
D. Prepare, attend, and facilitate at least 2 Erosion Control and Stormwater
workshops per calendar year.
E. Participate in any educational/outreach programs in accordance with the CITY' S
NPDES permit and stormwater/watershed program.
F. Administer the Regional Conservation Partnership Program (RCPP) and
coordinate with the CITY on all watershed projects in the Apple -Plum Watershed
as it relates to the RCPP project.
G. Assist with the CITY'S Water Resource and Recovery Center's Nutrient Trading
Program.
H. Provide Technical Assistance for any urban conservation activities, including, in-
field assessment, design, and public/private projects.
I. Provide Technical Assistance for any agricultural related Best Management
Practices the CITY'S assisting with.
J. Continue to research and apply for all grant related water quality/quantity
opportunities.
K. Continue a strong connection with the CITY'S sustainability efforts, building
upon needs and necessary improvements.
L. Total expected weekly time allowance averaging 20 hours per week (1,040 hours
per calendar year).
ARTICLE VII
COUNTY RESPONSIBILITIES FOR the DISTRICT
The COUNTY will:
A. Transfer 100%, of the associated fee schedule to the DISTRICT in accordance
with Article IX of this document.
ARTICLE VIII
CITY RESPONSIBILITES FOR the DISTRICT
The CITY will:
Transfer 100%, of the associated fee schedule to the DISTRICT in accordance with
Article IX of this document.
ARTICLE IX
FEE SCHEDULE AND TIMELINE
The CITY, the COUNTY, and the DISTRICT shall rely on the estimated FEE schedule:
A. Both the CITY and the COUNTY shall transfer 100% of the associated fee
schedule to the DISTRICT by July 15th each calendar year.
Fiscal Year (July 1st - June
30th)
Year 1-2016
Year 2 - 2017
Year 3 - 2018
Year 4 - 2019
Year 5 - 2020
Year 6 - 2021
City of Dubuque Payment
$43,446.29
$44,532.45
$45,645.76
$46,786.90
$47,956.57
$49,155.48
Dubuque County Payment
$43,446.29
$44,532.45
$45,645.76
$46,786.90
$47,956.57
$49,155.48
ARTICLE X
COMMUNICATIONS
A. The County shall designate an individual as the primary contact for the
COUNTY. Such designation shall be in writing, and any change in designation
shall also be in writing.
B. The DISTRICT shall designate an individual as the primary contact for the
DISTRICT. Such designation shall be in writing, and any change in designation
shall also be in writing.
C. The CITY shall designate an individual as the primary contact for the CITY.
Such designation shall be in writing, and any change in designation shall also be
in writing.
D. A Watershed Advisory Board shall be formed, and a minimum of at least one
representative from the CITY, the COUNTY, and the DISTRICT shall meet
quarterly (4 times a year) to review accomplishments and review challenges.
E. The Watershed Advisory Board shall hold an Annual Review meeting each
December to review accomplishments, challenges, and the associated fee
schedule.
ARTICLE XI
PARTNERSHIP OR JOINT VENTURE
The parties to this agreement acknowledge that this is an independent venture of the
COUNTY and the CITY, and that the DISTRICT is not a partner or joint venturer with
the COUNTY or the CITY. The COUNTY, the CITY, and the DISTRICT have no duties
or responsibilities to each other, financial or otherwise, except as described herein.
ARTICLE XII
ENTIRE AGREEMENT
A. This agreement contains the entire agreement and integrates all of the terms and
conditions contained in and incidental to such agreement and supersedes all prior
negotiations and communications concerning this agreement, oral or written,
between the parties, their agents, employees and representatives. No
modifications or waiver of any provision in this agreement shall be valid unless in
writing and signed by all of the parties. If, for any reason, any provisions of this
agreement shall be inoperative, the validity and affect of the other provisions shall
not be affected thereby.
B. If any provisions of this agreement is found to be invalid by any court,
administrative agency, or tribunal of competent jurisdiction, the invalidity of any
such provision shall not affect the validity of the remaining provisions hereof.
C. This agreement shall be binding upon and inure to the benefit of the parties and
their respective successors and assigns. The parties agree that neither the CITY
nor the COUNTY nor the DISTRICT shall have the right to assign their rights and
obligations hereunder to any party without prior written consent of the other
party. Such consent shall not be unreasonably withheld.
ARTICLE XIII
WARRANTIES AND SPECIAL COVENANT
The COUNTY, it successors in interest and assigns, as part of the consideration hereof,
does hereby covenant and agree that: (1) no person shall be excluded from participation
in, denied the benefits of, or be otherwise subject to discrimination in the use of said
facilities, on the basis of race, color, sex, handicap, religion, politics, or national origin;
(2) no person shall be excluded from participation in, denied benefits of, or otherwise be
subjected to discrimination in the construction of any improvements on, over, or under
such land and the furnishing of services thereon, on the basis of race, color, sex,
handicap, religion, politics, or national origin; (3) that the COUNTY shall use the
premises in compliance with all other requirements imposed by or pursuant to Title 49,
Code of Federal Regulation, Department of Transportation, Subtitle A, Office of
Secretary, Part 21, Nondiscrimination in Federal Assisted Programs of the Department of
Transportation — Effectuation of Title VI of the Civil Rights Act of 1964, and as said
regulations may be amended and Title 23 U.S. Code Section 324, Prohibition of
Discrimination on the basis of sex.
ARTICLE XIV
GOVERNING LAW
This agreement shall be governed by and interpreted under the laws of the State of Iowa.
ARTICLE XV
AMENDMENTS
This agreement may be amended at any time by the parties. All amendments shall be in
writing, signed by both parties, and filed in an electronic format with the Iowa Secretary
of State as required by Iowa Code section 28E.8 (2013).
ARTICLE XVI
TERMINATION
This agreement shall terminate upon the completion of the applicable watershed related
work activities or the termination of the District's Watershed Coordinator.
ARTICLE XVII
FILING AND RECORDING
It is agreed that the DISTRICT will file this agreement in an electronic format with the
Iowa Secretary of State as required by Iowa Code section 28E.8 (2013).
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT
AS OF THE DATE FIRST ABOVE WRITTEN AND SIGNED ON THE DATES
NOTED BELOW.
APPROVED BY: DUBUQUE COUNTY BOARD OF SUPERVISORS
W( `9-. Date: t } , 2014
Wayne Demmer, Chair
ATTEST: )17 BC1/21)-e-vh.4-4
Mona Mantern
Dubuque County Auditor
STATE OF IOWA; DUBUQUE COUNTY, ss: This instrument was acknowledged
before me on i.hL ,1y..- / ' , 2014 by Wayne Demmer and Mona
Manternach, as Chair of the Dubuque County Board of Supervisors and Dubuque County
Auditor, respectively.
NOTARY PUBLIC FOR THE STATE OF IOWA
Irr�** � I MARY ANN SPECHT
_
Commission Number 153583
,o,;:- Iµy Comm. Exp./Z-43-4 it
APPROVED BY: DUBUQUE SOIL and WATER CONSERVATION DISTRICT
Id /
r Date: /a/d , 2014
elvin WilgenbuschiChairman C
STATE OF WA; DU UQUE yUNTY, ss This instrument was acknowledged before
me on ' , 2014 by Melvin
Wilgenbusch as Chairperson of the Dubuque Soil and Water Conservation District.
FCINDY L. MCDERMOTT
Notarial Seal - IOWA
Commission
ssion Exp Noes 710e5, -//
Commission Expires / Y,
•
APPROVED BY: CITY OF DUBUQUE
(Lk& a,
D. Buol, Mayor
Karla A.
ATTEST:
raig, Mayor Pro Tem
/7inoef-prof-ei---
PUBLIC FOR THE STATE OF IOWA
Date: December 1 ,2014
STATE OF IOWA; DUBUQUE COUNTY, ss: This*ipstrument was acknowledged
before me on December 1 , 2014 by Roy D BuiaL ndTrish Gle agsasn
itayar_of the City of Dubuque and of Dubuque, respectively.
*Trish L. Gleason, Assistant City
** Karla A. Braig, Mayor Pro Tem
NOTARY PUBLIC FOR THE STATE OF IOWA
MealhitaU
PA1JELA J. f.OcCARAON I
Commission fluf�be 77 1
My Comm. Exp. -I -D -