Brownfields Assessment Cooperative Agreement Amendment - ECIA Copyright 2014
City of Dubuque Consent Items # 25.
ITEM TITLE: Brownfields Assessment Cooperative Agreement Amendment - ECIA
SUMMARY: City Manager recommending approval of an amended contract for services
from East Central Intergovernmental Association regarding the 2013 EPA
Brownfields Assessment Grant.
RESOLUTION Authorizing approval of an Amended and Restated
Contract between the City of Dubuque, Iowa and East Central
Intergovernmental Association for grant administration for the 2013
Environmental Protection Agency Brownfields Assessment Cooperative
Agreement
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Contract Amendment with ECIA for 2013 EPA Brownfields Assessment City Manager Memo
Grant-MVM Memo
❑ Staff Memo Staff Memo
❑ Contract Amendment Supporting Documentation
❑ Resolution Resolutions
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: Contract Amendment for East Central Intergovernmental Association's
Grant Administration Services for 2013 EPA Brownfields Assessment
Cooperative Agreement
DATE: July 16, 2015
In May 2013, the City of Dubuque learned it had received the 2013 EPA Brownfields
Assessment Grant in the amount of $200,000 for hazardous substances and $200,000
for petroleum. In September 2013, East Central Intergovernmental Association (ECIA)
was awarded a contract in an amount not to exceed $74,175 for project management
and grant administration services in relation to this grant.
A review by Economic Development staff in 2014 determined that the scope of work
required to administer this grant would need to include services in addition to those
proposed by ECIA, in particular, engineering services in the field, performing Phase I
and Phase 11 environment assessments, as well as assisting the City with its plans to
develop an environmental soils and groundwater database. HR Green was hired to
perform those services. With HR Green on board, the amount of administrative
services required by ECIA has been reduced.
Economic Development Director Maurice Jones recommends City Council approval of
an amended contract for services from East Central Intergovernmental Association
regarding the 2013 EPA Brownfields Assessment Grant. This amendment reduces the
amount the City will pay ECIA to an amount not to exeed $14,000.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maurice Jones, Economic Development Director
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Dubuque Economic Development Department
THE CITY OF 50 West 13th Street
All-AmericaCitY Dubuque,Iowa 52001-4864
DUB36kE1 ' Office(563)589-4393
TTY(563)690-6678
® http://www.cityofdubuque.org
Masterpiece on the Mississippi 200.2012.2013
TO: Michael Van Milligen, City Manager
FROM: Maurice Jones, Economic Development Director
SUBJECT: Contract Amendment for East Central Intergovernmental
Association's (ECIA) Grant Administration Services for 2013 EPA
Brownfields Assessment Cooperative Agreement
DATE: July 15, 2015
INTRODUCTION
This memorandum presents for City Council review and approval an amended contract
for services from ECIA regarding the 2013 EPA Brownfields Assessment Grant.
BACKGROUND
In December 2011, the City submitted an application to the Environmental Protection
Agency for $400,000 total in financial assistance for the assessment of environmental
contamination in the Historic Millwork District, the South Port, and the Bee Branch
Creek Restoration Area. In May 2012, City staff learned that their request for funding
had been denied. The grant was slightly altered based on comments from the EPA,
including the replacement of the Washington Neighborhood as opposed to the Bee
Branch Creek Restoration Area, and was resubmitted in November 2012. In May 2013,
the EPA announced Dubuque had received assessment grants in the amount of
$200,000 for hazardous substances and $200,000 for petroleum.
A Request for Qualifications was issued in August 2013 for project management and
grant administration. Two proposals were received, one from IIW and another from
ECIA. In September 2013, the award was made to ECIA for payment not to exceed
$74,175.00.
DISCUSSION
Upon review by Economic Development staff in 2014, and consultation with Engineering
staff, it was determined that the scope of work required to administer this grant would
need to include services in addition to those proposed by ECIA— in particular,
engineering services in the field, performing Phase I and Phase II environmental
assessments, as well as assisting the City with its plans to develop an environmental
soils and groundwater database, accessible through the City's Geographical Information
System (GIS).
On July 7, 2014 City council approved the release of a Request for Proposal (RFP)
seeking environmental professional services for a term of three to five years related to:
capital improvement projects, soil and groundwater management, health and safety
planning, training for City staff, and community outreach, as well as oversight of the
Brownfields Assessment Grant. The RFP proposed an initial three (3) year contract,
with the possibility of two (2) one-year extensions.
The review committee received eight (8) proposals, and interviewed four (4) firms. HR
Green was selected based upon their understanding of the City's needs for Brownfields
Coordination to fulfill the grant requirements, as well as their robust GIS integration
model. HR Green also demonstrated a sense of urgency, as the grant was already in
motion and funds needed to be drawn in a timely manner to demonstrate progress.
With HR Green now on board, the amount of administrative services required from
ECIA has been reduced. And in discussions between Maurice Jones and Kelley
Deutmeyer, the City and ECIA have come to an agreement on a reduced scope of
service from ECIA to be billed hourly at a rate of$77.00, not to exceed a total of
$14,000, as outlined in the attached amendment. The original contract has been billed
in the amount of$6,480.29 to date. It is anticipated that over the remaining months of
the grant, an additional approximate $7,500.00 will adequately cover ECIA's services.
These costs are completely covered under the grant.
RECOMMENDATION/ ACTION STEP
I recommend City Council approve the attached resolution, accepting the amended
agreement with ECIA for administrative services in relation to the EPA Brownfields
Assessment grant.
Cc: Jenny Larson, Budget Director
AMENDED AND RESTATED CONTRACT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION
This Amended and Restated Contract, dated for reference purposes the 20th day
of July, 2015, is made and entered into by and between the East Central
Intergovernmental Association (ECIA) and the City of Dubuque, Iowa (Grantee).
Whereas, ECIA and City entered into a Contract dated September 16, 2013 (the
Contract) for project management and planning services for a Petroleum Assessment
Grant and a Hazardous Substances Assessment Grant (the Grants) as part of an
Environmental Protection Agency (EPA) Brownfields Assessment Cooperative
Agreement (the EPA Agreement); and
Whereas, ECIA and City now desire to amend and restate the Contract as set
forth herein.
Now, therefore, the Contract is amended and restated to read as follows:
SECTION 1. SCOPE OF SERVICES. ECIA shall provide and perform the necessary
services required to provide support to HR Green (the Environmental Consultant) and
engineer for the EPA Grants and the City of Dubuque to carry out grant activities for the
EPA Agreement as set out in the Scope of Services attached hereto.
SECTION 2. TIME OF PERFORMANCE.
2.1 ECIA's services must commence on the date of EPA grant approval, and must
be completed upon receipt of final a Certificate of Completion from EPA.
2.2 Commencement and completion of services as identified herein is subject to
EPA being timely provided grant approval of this Contract. The parties acknowledge
that ECIA's time of performance and Scope of Services as identified herein may be
contingent upon the actions and/or requirements of others not parties to this Contract.
ECIA shall not be responsible for a delay in services when such services are contingent
upon the completion or performance of services by such others.
SECTION 3. METHOD OF PAYMENT. Payment to ECIA is due upon receipt by
Grantee of a monthly statement for services. The payment will be based on the actual
costs incurred by ECIA in administering this Contract, including labor and overhead, all
according to OMB Circular A122. ECIA will bill by the hour for services rendered as
outlined in the attached Scope of Services at an hourly rate for a project coordinator of
$77.00 per hour.
SECTION 4. PERSONNEL. ECIA represents that it has, or will acquire, all personnel
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necessary to perform the services under this Contract.
SECTION 6. PROPERTY. ECIA may acquire or use its existing property, real or
personal, as it deems necessary in the performance of work under this Contract.
SECTION 6. ACCESS TO RECORDS.
6.1 ECIA, Grantee, EPA, the Comptroller General of the United States, or any of
their duly authorized representatives, will have access to any books, documents,
papers, and records which are directly pertinent to this Contract, for the purpose of
making audits, examinations, excerpts, and transcriptions.
6.2 ECIA and Grantee must maintain all required records for five years after
complete closeout of the Grants and all other related matters are closed.
SECTION 7. CIVIL RIGHTS PROVISIONS
7.1 Discrimination in Employment. ECIA may not discriminate against any qualified
employee or applicant for employment because of race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability. Such action includes but
may not be limited to the following: employment, upgrading, demotion or transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including an apprenticeship. ECIA agrees
to post notices setting forth the provisions of this nondiscrimination clause in
conspicuous places so as to be available to all employees.
7.2 Consideration for Employment. ECIA must, in all solicitations or advertisements
for employees placed by or on behalf of the Grantee, state that all qualified applicants
will receive consideration for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, national origin, age, or disability.
ECIA must list all suitable employment openings in the State Employment Service local
offices.
7.3 Civil Rights Compliance in Employment. ECIA must comply with all relevant
provisions of the Iowa Civil Rights Act of 1965 (Iowa Executive Orders 15 and 34),
Federal Executive Order 11246, as amended by Federal Executive Order 11375,Title VI
of the Civil Rights Act of 1964, as amended (P.L. 88-352) , the Equal Pay Act of 1963,
Section 504 of the Vocational Rehabilitation Act of 1973 (29 U.S.C. 794; the Age
Discrimination Act of 1975 as amended (U.S.C. 6101 et seq.); the Vietnam Veterans
Readjustment Act of 1974; the Americans with Disabilities Act, as applicable (P.L. 101-
336, 42 U.S.C. 12101-12213); and related Civil Rights and Equal Opportunity statutes;
and regulations which implement these laws. ECIA will furnish all information and
reports requested by the State of Iowa or required by or pursuant to the rules and
regulations thereof and will permit access to payroll and employment records by the
State of Iowa to investigate compliance with these rules and regulations. 40 C.F.R. Par
2
7 implements Title VI of the Civil Rights Act of 1964, Section 13 of the 1972
Amendments to the Federal Water Pollution Control Act, and Section 504 of The
Rehabilitation Act of 1973
7.3.A Federal Executive Orders 11246, as amended by Executive Order 11357 require
that all contracts in excess of$10,000 include the following language:
"During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be
limited to the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer
setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees
places by or on behalf of the contractor, state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex
or national origin.
(3) The contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer,
advising the labor union of workers' representative of the contractor's
commitments under Section 202 of Executive Order No. 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order No.
11246 of September 24, 1965, and of the rules, regulations, and relevant orders
for the Secretary of Labor.
(5) The contractor will furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the contracting agency and
the Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination
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clauses of this contract or with any such rules, regulations, or orders, this
contract may be cancelled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order No. 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order No. 11246 of September 24, 1965, and
such other sanctions may be imposed and remedies invoked as provided in
Executive Order No. 11246 of September 24, 1965, or by rule, regulations, or
order of the Secretary of Labor, or as otherwise provided bylaw.
(7) The contractor will include the provisions of Paragraphs (1) through (7) in
every subcontract or purchase order unless expected by rules, regulations, or
orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order No. 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with
respect to any subcontract or purchase order as the contracting agency may
direct as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event the contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the contracting agency, the contractor may request the
United States to enter into such litigation to protect the interests of the United
States."
7.4 Program Nondiscrimination. ECIA must conform with requirements of Title VI of
the Civil Rights Act of 1964 (42 U.S.C. 200d et.seq.), HUD regulations issued pursuant
thereto contained in 24 CFR Part 1 , and Section 109 of Title 1 of the Housing and
Community Development Act of 1974, as amended (42 U.S.C. 5309). No person in the
United States shall on the ground of race, color, physical or mental disabilities, national
origin, religion or religious activities, or sexual orientation, gender identity, or sex be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
available through this contract. Any prohibition against discrimination on the basis of
age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified
handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973
shall also apply to any such program or activity.
7.5 Fair Housing. ECIA (if applicable) must comply with Title VIII of the Civil Rights
Act of 1968 (42 U.S.C. 3601 et. seq.), generally known as the Fair Housing Act, and
with HUD regulations found at 24 CFR Part 107, issued in compliance with Federal
Executive Order 11063, as amended by Federal Executive Order 12259.
7.6 ECIA must comply with provisions for training, employment, and contracting in
accordance with Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u).
7.7 Noncompliance with the Civil Rights Laws. In the event of ECIA's noncompliance
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with the nondiscrimination clauses of this contract or with any of the aforesaid rules,
regulations, or requests, this contract may be cancelled, terminated, or suspended
either wholly or in part. In addition, the State of Iowa may take further action, imposing
other sanctions and invoking additional remedies as provided by the Iowa Civil Rights
Act of 1964, as amended, Chapter 216, Code of Iowa, 2005 as heretofore and
hereafter amended, or otherwise provided by law.
7.8 Section 13 of the 1972 Amendment to the Federal Water Pollution Control Act
provides that no person in the United States shall on the ground of sex, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under
the Federal Water Pollution Control Act, as amended. Employment discrimination on
the basis of sex is prohibited in all such programs or activities.
7.9 Title IX of the Education Amendments of 1972, as amended, provides that no
person in the United States on the basis of sex shall be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any education
program or activity receiving Federal financial assistance. Employment discrimination
on the basis of sex is prohibited in all such education programs or activities. Note: an
education program or activity is not limited to only those conducted by a formal
institution. 40 C.F.R. Part 5 implements Title IX of the Education Amendments of 1972.
7.10 The Executive Order 13166 (E.O. 13166) entitled; "Improving Access to Services
for Persons with Limited English Proficiency" requires Federal agencies work to ensure
that recipients of Federal financial assistance provide meaningful access to their LEP
applicants and beneficiaries.
SECTION & TERMINATION BY GRANTEE
8.1 Grantee may, by thirty (30) days written notice to ECIA, terminate this Contract in
whole or in part at any time, either for Grantee's convenience or because of the failure
of ECIA to fulfill its obligations under this Contract. Upon receipt of such notice, ECIA
must: (1) immediately discontinue all services affected (unless the notice directs
otherwise), and (2) deliver to Grantee all data, drawings, specifications, as may have
been accumulated by ECIA in performing this Contract, whether completed or in
process.
8.2 Notwithstanding the above, ECIA will not be relieved of liability to Grantee for
damages sustained by Grantee by virtue of any breach of the contract by ECIA.
Grantee may withhold any and all payments to ECIA for the purpose of setoff until such
time as the exact amount of damages due Grantee from ECIA is determined.
8.3 If the termination is for convenience of Grantee, ECIA is entitled to compensation
determined in accordance with Section 3 of this Contract; and Grantee will be required
to pay ECIA the remaining portion of the payment as identified within the Contract, in
addition to any expenses, loss, or costs, including lost wages, incurred by ECIA, which
may be associated with the termination of the contract by Grantee, whether notice is
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provided as required or not.
SECTION 9. INDEMNIFICATION/HOLD HARMLESS. Each party agrees to defend,
indemnify and hold harmless the other, from and against any and all claims arising out
of or related to that parties negligent performance of this Agreement.
SECTION 10. TERMINATION BY ECIA.
10.1 ECIA may terminate this contract by thirty (30) days written notice to Grantee for
either ECIA's convenience or because of Grantee failure to comply with the laws, rules,
or regulations of EPA in carrying out the Agreement. The notice must specifically
identify the laws, rules, or regulations that have been violated, and date ECIA advised
Grantee of the violation.
10.2 Grantee will be required to pay ECIA the remaining portion of any payment due
for services performed by ECIA as identified within this Contract.
SECTION 11. GOVERNMENT-WIDE RESTRICTION ON LOBBYING
CERTIFICATION REGARDING GOVERNMENT-WIDE RESTRICTION ON
LOBBYING.
ECIA certifies, to the best of its knowledge and belief, that:
11 .1 No Federal appropriated funds have been paid or will be paid by or on behalf of
ECIA, to any person for influencing or attempting to influence an officer of employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
11 .2 If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the Contractor shall complete and submit Standard Form LLL-"Disclosure
Form to report Federal Lobbying" in accordance with its instruction.
11 .3 ECIA will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
11 .4 This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification
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is a prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31, U.S. Code. Any person who fails to file the required certification is subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
SECTION 12. POLITICAL ACTIVITY.
12.1 No portion of program funds may be used for any partisan political activity or to
further the election or defeat of any candidate for public office. Neither the program nor
the funds provided therefore, nor the personnel employed in the administration of this
Contract or its Funding Agreements, shall be in any way or to any extent, engaged in
the conduct of political activities in contravention of The Hatch Act (5 U.S.C. 15).
SECTION 13. OTHER REQUIREMENTS.
13.1 In connection with the carrying out of this Contract, ECIA agrees to comply with
any and all rules and regulations of EPA concerning third party contracts.
13.2 In connection with the carrying out of this Contract, ECIA and Grantee
acknowledge that there may be third part contracts which apply to the project. Should
there be third party contracts which apply to this Contract for services ECIA is
performing, Grantee agrees to provide ECIA with notice of any such third party
contracts and copies thereof, within five (5) days of execution of this Contract, or
Grantee's receipt thereof. Failure to do so will void any requirement by ECIA to comply
with any rules and regulations of third parties pertaining to the project.
CITY OF DUBUQUE EAST CENTRAL INTERGOVERNMENTAL
ASSOCIATION
Chairperson or Executive Director
Attest. Devin Firnstahl, City Clerk Attest
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ATTACHMENT A
SCOPE OF SERVICES
ECIA will assist with the project activities as outlined below in compliance with
requirements set forth by EPA; maintenance of required records and documents; and
other required actions not specifically listed, but requested by the local government,
including, but not limited to the following activities:
Public Meetings, Workshops/Charrettes: ECIA will coordinate with Grantee and the
Environmental Consultant to identify and arrange meeting locations, time and date for
each event, and disseminate public notice/invitations as required by Grantee's public
meeting publishing policies. Scheduled events will be arranged on dates and times that
are convenient for appropriate Grantee staff, the Environmental Consultant, ECIA, and
associated participants. ECIA will attend each event and provide a supporting role to
the Environmental Consultant.
Social media: In the absence of a designated Grantee representative, ECIA will
assume responsibility for disseminating information and/or posting updates on the
project website. This material will be prepared by the Environmental Consultant. All
information will be provided in a digital format and forwarded to Grantee's
representative for use and/or dissemination.
Budget Management and Draw Requests: ECIA will serve as a liaison between
Grantee and the Environmental Consultant for oversight of the grant budget, reviewing
invoices and processing draw requests.
s
RESOLUTION NO. 249-15
AUTHORIZING APPROVAL OF AN AMENDED AND RESTATED CONTRACT
BETWEEN THE CITY OF DUBUQUE, IOWA AND EAST CENTRAL
INTERGOVERNMENTAL ASSOCATION FOR GRANT ADMINISTRATION FOR THE
2013 ENVIRONMENTAL PROTECTION AGENCY BROWNFIELDS ASSESSMENT
COOPERATIVE AGREEMENT
WHEREAS, the City of Dubuque, Iowa (City) has been awarded $200,000 for a
Petroleum Assessment Grant and $200,000 for a Hazardous Substances Assessment
Grant (the Grants) from the Environmental Protection Agency as part of a Brownfields
Assessment Cooperative Agreement; and
WHEREAS, City published a request for qualifications for project management
and planning services for the Grants; and
WHEREAS, City staff recommended East Central Intergovernmental Association
(ECIA) perform the work and a contract was entered into between City and ECIA (the
Contract); and
WHEREAS, City determined the scope of work required to administer the Grants
would require services in addition to those in the Contract with ECIA; and
WHEREAS, City published a second request for proposals; and
WHEREAS, City staff recommends HR Green perform the additional services; and
WHEREAS, the scope of service and number of hours required in the Contract
with ECIA will be reduced; and
WHEREAS, City and ECIA now desire to amend and restate the terms of the
Contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Amended and Restated Contract with East Central
Intergovernmental Association for the administration of the Petroleum Assessment Grant
and a Hazardous Substances Assessment Grant is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the
Amended and Restated Contract on behalf of the City of Dubuque, Iowa.
071515ba1
Passed, approved, and adopted this 20th day of July, 2015.
ATTEST:
Kevin
071515ba1
Aor
Firnstahl, City
Ierk
Roy D. Buol, Mayor