Brownfields Area-Wide Planning Grant Contract - ECIA Copyright 2014
City of Dubuque Consent Items # 26.
ITEM TITLE: Brownfields Area-Wide Planning Grant Contract - ECIA
SUMMARY: City Manager recommending approval of a contract with East Central
Intergovernmental Association (ECIA) to provide administrative services in
relation to the EPA Brownfields Area-Wide Planning Grant.
RESOLUTION Approving an agreement between the City of Dubuque,
Iowa and East Central Intergovernmental Association for grant
administration for the 2015 Environmental Protection Agency Area Wide
Planning Grant
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Brownfield Area-Wide Planning Grant Contract with ECIA-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Contract 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 with East Central Intergovernmental Association (ECIA) for Grant
Administration Services for 2015 EPA Brownfields Area Wide Planning
Grant
DATE: July 16, 2015
In March 2015 the City learned that its application to the Environmental Protection
Agency for a $200,000 EPA Brownfields Area-Wide Planning Grant to develop reuse
plans for former industrial and commercial properties on the 33-acre South Port had
been approved.
Economic Development Director Maurice Jones recommends City Council approval of a
contract with East Central Intergovernmental Association to provide administrative
services in relation to the EPA Brownfields Area-Wide Planning Grant for an amount not
to exceed $20,000.
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
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 with East Central Intergovernmental Association (ECIA) for
Grant Administration Services for 2015 EPA Brownfields Area Wide
Planning Grant
DATE: July 15, 2015
INTRODUCTION
This memorandum presents for City Council review and approval a contract for services
with ECIA regarding the 2015 EPA Brownfields Area Wide Planning Grant.
BACKGROUND
In September 2014, the City submitted an application to the Environmental Protection
Agency for $200,000 in EPA Brownfields Area-Wide Planning funds to develop reuse
plans for former industrial and commercial properties in its 33-acre South Port. In
March 2015, City staff learned that their request for funding had been awarded.
DISCUSSION
As the City of Dubuque's designated planning agency, ECIA is already assisting in the
administration of a $400,000 EPA Brownfields Assessment Grant. Staff is now
proposing the City enter into a contract for grant administration of the Area Wide
Planning Grant.
ECIA proposes working with the selected consultant (once identified) to ensure
compliance with grant requirements, as well as assisting with other required tasks as
identified in the attached contract's scope of services. These costs will not exceed
$20,000 and are completely covered under the grant.
RECOMMENDATION/ ACTION STEP
I recommend City Council approve the attached resolution, accepting the agreement
with ECIA for administrative services in relation to the EPA Brownfields Area Wide
Planning grant.
RESOLUTION NO. 250-15
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND
EAST CENTRAL INTERGOVERNMENTAL ASSOCIAITON FOR GRANT
ADMINISTRATION FOR THE 2015 ENVIRONMENTAL PROTECTION AGENCY AREA
WIDE PLANNING GRANT
WHEREAS, the Environmental Protection Agency has awarded the City of
Dubuque, Iowa (City) an Area Wide Planning Grant (the Grant); and
WHEREAS, the City of Dubuque, Iowa wishes to engage East Central
Intergovernmental Association (ECIA) to provide certain technical and professional
services for grant administration of the Grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the attached Agreement between the East Central Intergovernmental
Association and the City of Dubuque Iowa is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on
behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 20th day of July, 2015.
ATTEST:
Kevin SI. Firnstahl, City O:lerk
071515ba1
oy D. Buol, Mayor
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION
This Agreement, 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).
SECTION 1. SCOPE OF SERVICES. ECIA shall provide and perform the necessary
services required to provide oversight and management of the 2015 Environmental
Protection Agency (EPA) Area Wide Planning Grant (the Grant) to support Grantee to
carry out Grant activities as set out in the Scope of Services attached hereto.
SECTION 2. TIME OF PERFORMANCE.
2.1 The services of ECIA must commence on date of EPA Grant approval, and must
be completed upon receipt of a final Certificate of Completion from the EPA.
2.2 Commencement and completion of services as identified herein is subject to EPA
being timely provided Grant approval of this Agreement. The parties acknowledge that
ECIA's time of performance and the Scope of Services as identified herein may be
contingent upon the actions and/or requirements of others not parties to this Agreement.
ECIA shall not be responsible for a delay in services when such services are contingent
upon the completion or performance of services by such other parties, approval from
EPA, and/or approvals from Grantee.
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 Agreement, including labor and overhead, all
according to OMB Circular A122. ECIA will bill by the hour for services rendered as
outlined in the Scope of Services at an hourly rate for a project coordinator of $77.00 per
hour. The Scope of Services breaks down the cost per task and the overall total cost for
services.
SECTION 4. PERSONNEL. ECIA represents that it has, or will acquire, all personnel
necessary to perform the services under this Intergovernmental Agreement.
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 Agreement.
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
071415bal
records which are directly pertinent to this Agreement, for the purpose of making audit,
examinations, excerpts, and transcriptions.
6.2 ECIA and Grantee must maintain all required records for five years after complete
grant closeout and all other pending 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 shall include
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 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 Agreement, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
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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
placed 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
clauses of this Agreement or with any such rules, regulations, or orders, this
Agreement 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.
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(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 Agreement. 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. 1701 u).
7.7 Noncompliance with the Civil Rights Laws - In the event of ECIA's noncompliance
with the nondiscrimination clauses of this Agreement or with any of the aforesaid rules,
regulations, or requests, this Agreement 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 of 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
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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 8. TERMINATION BY GRANTEE
8.1 Grantee may, by thirty (30) days written notice to ECIA, terminate this Agreement
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 Agreement. 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 Agreement, 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 this Agreement 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 the grantee from ECIA is determined.
8.3 If the termination is for convenience of Grantee, ECIA shall be entitled to
compensation determined in accordance with Section 3 of this Agreement; and Grantee
will be required to pay ECIA the remaining portion of the payment as identified within this
Agreement, in addition to any expenses, loss, or costs, including lost wages, incurred by
ECIA, which may be associated with the termination of this Agreement by Grantee,
whether notice is 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 Agreement by thirty (30) days written notice to Grantee
for either ECIA's convenience or because of the grantee failure to comply with the laws,
rules, or regulations of EPA in carrying out the Brownfields Assessment Cooperative
5
Agreement. The notice shall stipulate the laws, rules, or regulations that have been
violated, and date ECIA advised the Grantee of the violation.
10.2 Grantee will be required to pay ECIA the remaining portion of the payment as
identified within this Agreement.
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.
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 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 shall be 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
Agreement or 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
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13.1 In connection with the carrying out of this Agreement, 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 Agreement, ECIA and Grantee
acknowledge that there may be third party contracts which apply to the project. Should
there be third party contracts which apply to this Agreement for services ECIA isbe
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 Agreement, or Grantee's
receipt thereof. Failure to do so shall void any requirement(s) by ECIA to comply with any
rules and regulations of third parties pertaining to the project.
CITY OF DUBUQUE
Date:
EAST CENTRAL INTERGOVERNMENTAL
ASSOCIATION
Roy D. B(I, Mayor Chairperson or Executive Director
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:
Cooperative Agreement Management (Task 1):
1 . ECIA will manage the EPA Area Wide Planning Grant and will be responsible for
assuring compliance with administrative and reporting requirements. ECIA staff
may need to contact EPA Region 7 staff on administrative and reporting related
business however the City of Dubuque will serve as the main liaison between EPA
Region 7 and the City of Dubuque.
2. ECIA staff will develop and submit the required grant Work Plan and budget to
EPA, complete quarterly reports, ACRES data entry and progress reports as
needed.
3. ECIA will manage the budget and draw requests and serve as a liaison between
the City and the consultant for oversight of the grant budget, reviewing invoices
and processing draw requests.
4. ECIA staff will prepare and submit final project close-out reports after approval
from City Economic Development Director.
5. ECIA staff will prepare Request for Proposals (RFP) and oversee an internal
selection committee for consultant services as needed to assist with the grant
implementation related to Tasks 2, 3, 4, 5, 6 and 7 of the grant. ECIA staff will
oversee the consultant selection process and ensure compliance with City and
EPA selection criteria.
6. ECIA staff will ensure and oversee that the key project deliverables are met
including the convening of a community charrette; the development of a market
analysis; preparation of an infrastructure needs assessment; creation of an area-
wide land use plan; the drafting of a detailed implementation plan; and an ongoing
outreach campaign.
7. ECIA staff will attend the national brownfields conference and other regional
brownfields events to learn best practices as appropriate and identify opportunities
to leverage EPA and state resources.
Cost for Task 1: $15,000
Charrette (Task 2):
1 . ECIA staff will work closely with the consultant(s) to convene and host a charrette
to gather input from neighborhood groups, business leaders and other community
stakeholders about the types of mixed-use development that is desired.
2. ECIA will coordinate with the City and the consultant(s) to identify and arrange
meeting locations, time and date for each event, and disseminate public
notice/invitations per the City public meeting publishing policies. Scheduled events
will be arranged on dates and times that are convenient for appropriate City staff,
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the consultant(s), ECIA, and associated participants. ECIA will attend each event
and provide a supporting role to the consultant(s).
Cost for Task 2: $500
Market Analysis (Task 3):
1 . ECIA staff will work closely with the consultant(s) to develop a market analysis for
the reuse of the South Port. ECIA staff will oversee the development of the market
analysis that identifies the prospects and approaches for attracting entertainment,
recreational, commercial and retail, and other missed use economic development
activities.
2. ECIA staff will assist in coordinating the market analysis with local developers,
business and community stakeholders.
Cost for Task 3: $1,000
Infrastructure Needs Analysis (Task 4):
1 . ECIA staff will work closely with the consultant(s) to conduct an assessment of
existing infrastructure assets and the needed infrastructure upgrades to support
the intended resuses.
Cost for Task 4: $1,000
Area-wide Land Use Plan (Task 5):
1 . ECIA staff will work closely with the consultant(s) to create a sustainable land use
plan for the South Port. This will include a plan to connect brownfield
redevelopment at the catalyst sites to existing community, commercial and
institutional facilities with emphasis on walkability, transit access, and multi-modal
transportation choices.
Cost for Task 5: $0
Detailed Implementation Strategy (Task 6):
1 . ECIA staff will work with the consultant(s) to develop a detailed implementation
strategy that includes brownfields cleanup priorities, business recruitment
approaches, a schedule of infrastructure upgrades, identification of public and
private resources and a game plan for implementing the area-wide land use plan.
2. ECIA staff will work with the City to engage community residents, business
leaders, and other stakeholders to gather commitments and establish buy-in for
the strategy.
Cost for Task 6: $1,000
Community Outreach (Task 7):
1 . ECIA staff will work with the consultant(s) to develop web-based, print and other
outreach resources.
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2. ECIA staff will assist the consultant(s) with convening a steering committee or a
community engagement team of City staff, Dubuque residents, business leaders,
and other stakeholders who will provide input in the execution of the project and
the redevelopment of the South Port.
3. In the absence of a designated City representative, ECIA will assume responsibility
for disseminating information and/or posting updates on the project website. This
material will be prepared by the consultant(s). All information will be provided in a
digital format and forwarded to the City's representative for use and/or
dissemination.
Cost for Task 7: $1,500
Total Cost of Cooperative Agreement: $20,000
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