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HomeMy WebLinkAbout2021-09-20-I01E IDNR Derecho Community Grant AgrAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: September 20, 2021 AGENDA ITEM:Consideration of approval of resolution approving Iowa Department of Natural Resources Grant Project Cooperative Agreement, 2021 Derecho Community Forestry Grant Program FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Derecho Grant Cooperative Agreement awarding the City of Waukee a matching grant in the amount of $1,572.89 to replace trees lost in the 2020 derecho. The City will match the dollar amount and plant 14 new trees. The trees will be purchased locally in October and planted by the Parks & Recreation Department staff. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$1,572.89 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve Agreement. ATTACHMENTS: I. Proposed Resolution II. Derecho Grant Cooperative Agreement PREPARED BY:Josh VandeKamp, Assistant Parks & Recreation Director REVIEWED BY: Matt Jermier, Parks & Recreation Director I1E THE CITY OF WAUKEE, IOWA RESOLUTION 2021- APPROVING IOWA DEPARTMENT OF NATURAL RESOURCES GRANT PROJECT COOPERATIVE AGREEMENT, 2021 DERECHO COMMUNITY FORESTRY GRANT PROGRAM IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, the City has been awarded a grant by the Iowa Department of Natural Resources (IDNR) for the replacement of trees lost as a result of the 2020 derecho; AND, WHEREAS, the IDNR has provided a Grant Project Cooperative Agreement which details the responsibilities of both parties, including a local match of funds; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 20th day of September, 2021, that it hereby approves the Iowa Department of Natural Resources Grant Project Cooperative Agreement, 2021 Derecho Community Forestry Grant Program. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair WALLACE BUILDING, 502 E 9TH ST, DES MOINES IA 50319 Phone: 515-725-8200 www.IowaDNR.gov Fax: 515-725-8201 Department of Natural Resources GRANT PROJECT COOPERATIVE AGREEMENT- 2021 Derecho Community Forestry Grant Program GRANTEE: City of Waukee GRANT AWARD AMOUNT: $1,572.89 PROJECT COMPLETION DATE: December 17, 2021 1. PARTIES, AUTHORITY, and PARTY CONTACTS. The parties to this Derecho Community Forestry Grant Program Project Cooperative Agreement are the Iowa Department of Natural Resources, an agency of the State of Iowa (the Department or DNR), and City of Waukee (Organization or the Grantee). City of Waukee is a municipality. City of Waukee address is: 805 University, Ave, Waukee, IA 50263. The parties make this Grant Project Cooperative Agreement under the authority of 89th General Assembly (2021), House File 862, and Iowa Administrative Code 571 chapter 34. Each party has designated a Contact, who shall be responsible for oversight and negotiation of any Grant Project Cooperative Agreement amendments, as follows: DNR Contact: Gabriele Edwards Program Coordinator 502 East 9th Street Des Moines, IA 50319 Phone: (515) 822-1031 Email: gabriele.edwards@dnr.iowa.gov Name of Grantee Josh VandeKamp Contact: City of Waukee 805 University Ave Waukee, IA 50263 Phone: 515-978-0007 Email: jvandekamp@waukee.org 2. PURPOSE. The purpose of the Derecho Community Forestry Grant Program is to establish community tree planting projects on public lands that benefit the citizens of the state of Iowa in response to the 2020 derecho storm event. 3. GENERAL DESCRIPTION OF PROJECT. This Grant Project Cooperative Agreement is for the purpose of implementing the project described in the (Organization’s) project proposal dated (date), which is attached and by this reference made a part of this Grant Project Cooperative Agreement, except for the exemptions identified later in this provision, and summarized as follows: The purpose of this project is to establish community tree planting projects on public lands that benefit the citizens of the state of Iowa in response to the 2020 derecho storm event. The funding provided by the Rebuilding Iowa’s Infrastructure Funds Program will be used to purchase landscape trees and mulch for Iowa firms which meet the quality nursery specifications outlined in the grant application documents. The 2021 Derecho Community Forestry Grant Program provides up to 50% cost-share, not to exceed $5,000. The Grantee also shall comply with the requirements of the Derecho Community Forestry Grant Program Description and Instructions, which shall be incorporated by this reference and made part of this Grant Project Cooperative Agreement. 4. RECORDKEEPING: The Grantee shall maintain the following records and shall submit the records to DNR: 1. Evidence of payment by Grantee of funds to implement the project proposal, including but not limited to paid invoices, copies of cancelled checks or other evidence of payment. All invoices must be dated no earlier than September 1, 2021, and no later than December 17, 2021. 2. Any other records that show how funds were spent on this project. 5. GRANTS AND REIMBURSEMENTS. The Department will reimburse the costs described and in the project proposal up to a maximum amount of $5,000.00. No single item may be purchased at a cost of $5000.00 or more. a) The Grantee shall submit a request for reimbursement on (Organization’) standard billing form or organizational letterhead upon completion of the project. The reimbursement request shall be consistent with the project expense information contained in the Grantee’s proposal. The request for reimbursement shall be accompanied by and the expenses shall meet the requirements of the DNR’s Project Billing Certification. The Project Billing Certification shall be signed by an authorized official of the Grantee. Payment requests shall be submitted via e-mail to the following: Gabriele Edwards Iowa DNR Wallace State Office Building 502 E 9th Street Des Moines, IA 50028 (515) 822-1031 gabriele.edwards@dnr.iowa.gov b) The Grantee shall submit all final documents and DNR’s Project Billing Certification packet by December 17, 2021, describing the activities occurring to date to the DNR Project Coordinator named in section 5a, above. c) The Department will pay all approved billing requests pursuant to Iowa Code section 8A.514 if, in its sole discretion, such payment is appropriate pursuant to this Grant Project Cooperative 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. d) The Grantee shall submit documentation of only expenditures that are less than or equal to $5000 total value for a single item, that have been paid in full, that are identifiable and in accordance with the approved request, and that have been incurred between September 1, 2021 and December 17, 2021. 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 Department may provide assistance at the request of the Grantee, or at the Director's recommendation. 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 Project Cooperative 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. The Grantee specifically agrees, in compliance with the provisions of 571 Iowa Administrative Code section 34.12, that the Grantee will maintain the trees planted on public lands as a part of this project for a period of ten years. 7. AMENDMENTS. This Grant Project Cooperative Agreement may be amended only by written agreement of the parties, which is signed by the Department Director, or designee, and an authorized official of the Grantee. Requests for amendments shall be directed to the Coordinator named in 4a, above. 8. EFFECTIVE DATE/TERMINATION. This Grant Agreement shall become effective upon signature by both parties and shall terminate on December 17, 2021. All work specified in the project proposal shall be completed by no later than December 17, 2021. The Department may terminate this Grant Project Cooperative Agreement upon notice to the Grantee in the event the Grantee fails to comply with any provision of this Grant Project Cooperative Agreement. If an item is purchased at more than $5000 that item will be considered ineligible and no percentage of it will be reimbursed. If the completed Project Billing Certification documentation is not received by DNR by December 17, 2021, the grant will be cancelled and upon cancellation this Grant Project Cooperative Agreement will be null and void. 9. AVAILABILITY OF FUNDS: The Department shall have the right to terminate the Grant Project Cooperative Agreement without penalty if, in the Department’s sole discretion, adequate funds are not appropriated or granted to allow the Department to operate as required and to fulfill its obligations under this Grant Project Cooperative Agreement or funds are de-appropriated; if funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; if the Department’s authorization to conduct its business or engage in activities or operations related to the subject matter of this Grant Project Cooperative Agreement is withdrawn or materially altered or modified; if the Department’s duties, programs or responsibilities are modified or materially altered; or if there is a decision of any court, administrative law judge or an arbitration panel or any law, rule, regulation or order is enacted, promulgated or issued that materially or adversely affects the Department’s ability to fulfill any of its obligations under this Grant Project Cooperative Agreement. 10. INDEMNIFICATION; LIMITATION OF LIABILITY: The Grantee agrees to indemnify and hold harmless the State of Iowa and the Department, its officers, employees and agents appointed and elected 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 Project Cooperative Agreement. Indemnification obligations of the Grantee shall survive termination of this Grant Project Cooperative Agreement. Nothing in this Grant Project Cooperative Agreement shall be construed to create joint or several liability of a party hereto for the acts, omissions or obligations of the other party. Every person who is a party to the Grant Project Cooperative Agreement is hereby notified and agrees that the State, the Department, and all of their employees, agents, successors, and assigns are immune from liability and suit for the Grantee’s and its subcontractors’ activities involving third parties arising from the Grant Project Cooperative Agreement. 11. JOINT AND SEVERAL LIABILITY. If the Grantee is a joint entity, consisting of more than one individual, partnership, corporation or other business organization, all such entities shall be jointly and severally liable for carrying out the activities and obligations of this Grant Project Cooperative Agreement, and for any default of activities and obligations. 12. RIGHT TO REVIEW AND OBSERVE; ACCESS TO RECORDS. The Department shall have the right to review and observe, at any time, completed work or work in progress related to the Grant Project Cooperative Agreement. The Grantee shall permit the Department or its agents to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, reports, papers and records of the Grantee relating to orders, invoices, or payments or any other documentation or materials pertaining to this Grant Project Cooperative Agreement. Upon the request of the Department, the Grantee shall deliver to the Department or its agents said documentation or materials. 13. PUBLIC RECORDS; RECORDS RETENTION. All records submitted to or inspected by the Department regarding this Grant Project Cooperative Agreement, including this Grant Project Cooperative Agreement, shall be public records and subject to the Open Records Law in Iowa Code chapter 22. All records of the Grantee relating to this Grant Project Cooperative Agreement shall be retained for a period of three (3) years following the date of final payment or completion of any required audit, whichever is later. 14. GOVERNING LAW. This Grant Agreement shall be interpreted in accordance with the law of the State of Iowa, and any action relating to the Grant Project Cooperative Agreement shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern District of Iowa. 15. COMPLIANCE WITH LAWS. The Grantee agrees that, during the duration of and as a condition of the state's duty to perform under the terms of this Grant Project Cooperative Agreement, it will be in compliance with all applicable laws and regulations of the state and federal government, including but not limited to Equal Employment Opportunity provisions, Occupational Health and Safety Act, minimum wage requirements, records retention, audit requirements, and allowable costs. 16. ASSIGNMENT AND DELEGATION. The Grantee may not assign, transfer or convey in whole or in part this Grant Project Cooperative Agreement without the prior written consent of the Department. For the purpose of construing this clause, a transfer of a controlling interest in the Grantee shall be considered an assignment. The Grantee may not delegate any of its obligations or duties under this Grant Project Cooperative Agreement without the prior written consent of the Department. 17. REPAYMENT OBLIGATION. In the event that any funds are deferred or disallowed as a result of any audits or expended in violation of this Grant Project Cooperative Agreement or the laws applicable to the expenditure of such funds, the Grantee shall be liable to the Department for the full amount of any claim disallowed and for all related penalties incurred. If the Department determines at any time, whether through monitoring, audit, closeout procedures or by other means that the Grantee has received grant funds or requested reimbursement for costs which are unallowable under the terms of this Grant Project Cooperative Agreement or applicable laws, the Grantee will be notified of the questioned costs and given an opportunity to justify questioned costs prior to the Department’s final determination of the disallowance of costs. If it is the Department’s final determination that costs previously paid by the Department are unallowable under the terms of the Grant Project Cooperative Agreement, the expenditures will be disallowed and the Grantee shall immediately repay to the Department any and all disallowed costs. The requirements of this paragraph shall apply to the Grantee as well as any subcontractors or subrecipients. 18. WAIVER. Except as specifically provided for in a waiver signed by duly authorized representatives of the Department and the Grantee, failure by either party at any time to require performance by the other party or to claim a breach of any provision of the Grant Project Cooperative Agreement shall not be construed as affecting any subsequent right to require performance or to claim a breach. 19. INTEGRATION. This Grant Project Cooperative Agreement, including the Grantee’s proposal dated (date) and the Derecho Community Forestry Grant Program Description and Instructions, contains the entire understanding between the Grantee and the Department and any representations that may have been made before or after the signing of this Grant Project Cooperative Agreement, which are not contained herein, are nonbinding, void and of no effect. Neither of the parties has relied on any such prior representation in entering into this Grant Project Cooperative Agreement. 20. EXECUTION: By signing this Grant Project Cooperative Agreement, the Grantee agrees to the terms and conditions set forth in this Grant Project Cooperative Agreement, failure to meet the terms and conditions of this Grant Project Cooperative Agreement may be cause for repayment of all or part of the grant funds. Date Jeff Goerndt, State Forester Iowa Department of Natural Resources Fed ID # Grantee Signature Print Name