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HomeMy WebLinkAboutIowa Department of Natural Resources-6/7/2010LHDP Grant #10-10 Iowa Department of Natural Resources GRANT AGREEMENT- LOW -HEAD DAM SAFETY COST SHARE PROGRAM GRANTEE: PROJECT TITLE: PROJECT CONTACT: GRANT AWARD: DNR CONTACT/PHONE #: City of Waterloo Farms Cedar River Water Trail Portage - Downtown Waterloo NOEL ANDERSON $ 41,000.00 Kathleen Moench 515-281-3013 F9 436.6 1. PARTIES/AUTHORITY. The parties to this Grant Agreement are the Iowa Department of Natural Resources, an agency of the State of Iowa (the Department), and City of Waterloo (the grantee). The parties make this Grant Agreement under the authority of Chapter 30 of 571 Iowa Administrative Code and the Iowa General Assembly appropriation, House File 911 of the 81st General Assembly. 2. PURPOSE. The purpose of this Low -head Dam Safety Cost -share Agreement is to enable the Department to assist the grantee in the a low -head dam safety project in Iowa. 3. GENERAL DESCRIPTION OF PROJECT . This Grant Agreement is for the project described in the project proposal, except for the exemptions identified later in this provision, and summarized as the following: Construction of three portages (Park Avenue, 5th Street & 7th Street) and signage to improve safety and access to the Cedar River for recreational purposes. The project proposal, which was submitted by the grantee and which serves as the basis for this Grant Agreement, shall be incorporated by this reference and made part of this Grant Agreement. Despite being included in the project proposal, the project shall not include, and the Department shall not pay for, the following: N/A 4. GRANTS AND REIMBURSEMENTS. The Department will provide the costs as described and agreed to in the project proposal up to a maximum amount of $ 41,000.00. a) The grantee may partner with other sponsoring organizations to provide additional project funds, and cost sharing funds may include local, private, federal or other state funds. b) Up to 90% of the award may be advanced by the Department by submitting a signed letter requesting the advance along with the signed agreements to the following: Budget & Finance Bureau, Kathleen Moench Iowa Department of Natural Resources E. 9th & Grand Des Moines, Iowa 50319 The Department will pay the remaining 10% upon completion of the project, as determined solely by the Department. LHDP Grant #10-10 c) The grantee shall submit a report by March 31 `2011: using the report form (Attachment A), describing the activities occurring to date to watertrails@dnr.iowa.gov. The Department shall have the right to review and observe, at any time, completed work or work in progress and may demand a status report of such at any time. The grantee shall upon reasonable notice allow the Department, or anyone designated by the Department, to inspect its books and records relating to invoicing and evaluates performance of this Grant Agreement. d) The grantee shall submit the final project billing form (Attachment B) report within one month of completion of the project. e) The Department shall pay all approved billing requests pursuant to Iowa Code section 8A.514 (2007) if, in its sole discretion, such payment is appropriate pursuant to this Grant Agreement. The Department may pay in less than sixty (60) days, as provided in Iowa Code section 8A.514. However, an election to pay in less than sixty (60) days shall not act as an implied waiver of Iowa Code section 8A.514. 5. CERTIFICATION. The grantee shall have plans for Medium and Large projects (any project with a request to the Department of more than $20,001 per year) reviewed and certified by an engineer licensed in the state of Iowa, and shall submit such plans to the Department's Water Trails Coordinator before the Department will disburse any funds. Plans shall be sent to the Department's office at 502 E. 9th Street, Des Moines, IA 50319, Attention Water Trails Coordinator, or sent electronically to the Department's Water Trails Coordinator at watertrails@dnr.iowa.gov. 6. RESPONSIBILITIES. The grantee shall perform all work necessary to complete the project as outlined in the project proposal. The grantee is solely responsible for project completion as outlined in the project proposal. The grantee will make a concerted effort to procure goods and services from Targeted Small Businesses (TSBs) listed at www.iowai.org/iowa/dia/tsb/ during the performance of this Grant Agreement. The Department may provide assistance at the request of the grantee, or at the Director's recommendation. The grantee agrees to meet the requirements for construction permits from federal, state and local authorities before constructing their projects. Receipt of state funding does not eliminate the need for appropriate construction permits. The grantee, its employees, agents, and contractors shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations and orders when performing the work under this Grant Agreement. Nothing in this Grant Agreement shall obligate the Department to or preclude the Department from making additional funds available to the grantee or its affiliates, including any maintenance costs. 7. AMENDMENTS. This Grant Agreement may be amended only by written agreement of the parties, which is signed by the Department Director, or designee, and an authorized party of the .grantee. Requests for amendments shall be directed to wateztaails@dnr.state.ia.us. 8. Elirr;CTIVE DATE/TERMINATION. This Grant Agreement shall become effective when it has been signed and dated by the Department Director, or designee, and the grantee and shall terminate upon the completion of all work specified in the project proposal, or earlier upon mutual agreement of the parties hereto, as evidenced in writing, or, if the parties ate unable to agree, by order of the district court in Polk County, Iowa. All work specified in the project proposal shall be completed by no later than Nepte'jilei 01. The Department may terminate this Grant Agreement upon notice in the event the grantee fails to comply with any provision of this Grant Agreement. 9. AVAILABILTTY OF FUNDS: If funds anticipated for the continued fulfillment of this agreement are at any time not forthcoming or insufficient, either through the failure of the State of Iowa to appropriate funds, or discontinuance or material alteration of the program under which funds were provided, then the Department shall have the right to terminate the agreement without penalty. 10. INDEMNIFICATION; LIMITATION OF LIABILITIY: The grantee agrees to indemnify and hold harmless the State of Iowa and the Department, its officers, employees and agents appointed and elected LHDP Grant #10-10 and volunteers from any and all costs, expenses, losses, claims, damages, liabilities, settlements and judgments, including reasonable value of the time spent by the Attorney General's Office, and the costs and expenses and reasonable attorneys' fees of other counsel required to defend the State of Iowa or Department, related to or arising from the grantee's acts or omissions pursuant to this Grant Agreement. Indemnification obligations of the grantee shall survive termination of this Grant Agreement. Nothing in this Agreement shall be construed to create joint or several liability of a party hereto for the acts, omissions or obligations of the other party. 11. SIGNS: In the event the project includes the installation of signs, the grantee agrees to the following: a) The grantee shall place signs according to guidelines identified in the Iowa Water Trails Program Sign Manual (Manual) and shall monitor placement and condition of dam safety signs and the portage trail to . ensure those signs continue to meet the guidelines identified in the Manual. b) The grantee shall ensure signs erected pursuant to this agreement clearly read "Danger Dam" and are visible from a reasonable distance upstream, which may include clearing the line of sight from upstream of any visual obstructions. c) The grantee shall replace signs as they become unreadable or are otherwise out of commission, whether due to weather, vandalism, accidents, or any other reason. 12. PORTAGE TRAILS: In the event the project includes the construction of a portage trail or the acquisition of land therefore, the grantee shall ensure that any portage trail built all or in part with these funds will be maintained in good condition and remain open to the public for a minimum of 20 years from the date this Grant Agreement is signed. 13. EXECUTION: By signing this Grant Agreement, the grantee agrees to the terms and conditions set forth in this agreement, failure to meet the terms and conditions of this grant agreement may be cause for repayment of all or part of the grant funds. Date Patricia L. Boddy, Deputy Director Iowa Department of Natural Resources Z.44,,ye eA,t, Fed ID# Grantee Signature vL.e•sf-- 61. . Print Name Attachment A DEPARTMENT OF NATURAL RESOURCES MID-TERM REPORT For Programs: Low -Head Dam Safety Cost -share Program If you have questions, please contact the Water Trails Coordinator at 515-281-3134. Make additional copies as needed. This form is due and is required for all projects NOT filing a final report before that date. Grant Recipient: City of Waterloo Grant #: 10-10 Project Title: Cedar River Water Trail Portage - Downtown Waterloo Billing #: Do you still plan to complete this project? Are there any unexpected problems with your project are being encountered? Please describe. Are there delays due to waiting for additional funds from other sources or using these funds to help match another grant program? Please descrbe. What is your timeline for completing this project? I certify that this states' .moi t is correct and that th work and services are in accord with the approved grant. Signature: 7 Date: (I -i IW(© Print Name: r (.i. 0 A_ Title: ,� Fed ID#: DNR Accounting Dept. : Return One Copy to: Kathleen Moench Doc. #: City of Waterloo 715 Mulberry Waterloo, IA 50703 Fed. ID #: Date: Fund/Dept/Org/SugOrg/$ DEPARTMENT OF NATURAL RESOURCES FINAL PROJECT BILLING FORM For Programs: Low -head Dam Safety Cost -share Program Project billings must be accompanied by all required documentation (invoices, canceled checks, deeds, etc.) covering expenditures included in the billing. If you have questions, please contact the Water Trails Coordinator at 515-281-3134. Make additional copies as needed. Grant Recipient: City of Waterloo Grant #: 10-10 Project Title: Cedar River Water Trail Portage - Downtown Waterloo Use the table below to list your budget items and the expenditures for each item. You should follow the budget items provided with your original proposal as closely as possible. Budget Item Budget Amount Expenditures This Billing "To Date" Item Expenditures Totals Less Expenditures In Excess of Total Authorized Project Budget: Total "To Date" Expenditures: CLAIM REQUEST (% OF "TO DATE" EXPENDITURES): (Enter 100% for Small Projects) LESS PREVIOUS PAYMENTS OF: TOTAL CLAIM TO BE PAID: 1 certify that this billing is correct and just based upon actual payment(s) of record by the grant recipient, and that the work and services a in accord with the approy d a;s t. Signature: Print Name: Title: z 't-4- Ca. a( L Date: Le 12-4 (c) Phone#: Ca�a)�2gs��l Fields ofOPP ortunities STATE OF IOWA CHESTER J. CULVER, GOVERNOR PATTY JUDGE, LT. GOVERNOR March 15, 2010 City of Waterloo Noel Anderson 715 Mulberry Waterloo, IA 50703 DEPARTMENT OF NATURAL RESOURCES RICHARD A. LEOPOLD, DIRECTOR ki Re: LHDP Project #: 10-10, Cedar River Water Trail Portage - Downtown Waterloo Dear: Noel Anderson, Congratulations! Enclosed, please find two copies of an agreement for your Iowa Low -Head Dam Safety Cost -share awarded by the Department of Natural Resources (DNR) and approved at the February 11th, 2010 Natural Resource Commission meeting. Please carefully review the grant agreement. Your organization must sign both copies of the agreement, return them to my attention and a fully executed copy will be returned to you. Your organization will need to approve this agreement at an official meeting. Please send a copy of the meeting minutes along with the two signed agreements to my attention. The Department Deputy Director will sign the two copies, and a fully executed copy will be returned to you. For Medium and Large Projects, you may receive a 90% advance of the grant amount by sending a letter requesting the advance with your signed agreements. If you have any questions, please contact me at 515-281-3013. Sincerely, Kathleen Moench Budget & Finance Bureau Enclosures WALLACE STATE OFFICE BUILDING / 502 EAST 9th STREET / DES MOINES, IOWA 50319 515-281-5918 FAX 515-281-6794 www.Iowadnr.gov