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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 Dubuque _r��cCITY or AllAmericaCit��UB E II I 10 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 �J-IJ--1lp ax3 .uawoO Aly E95£5l JegwnN uoissIwwoo 1N37dS NNV At3VW 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 -