HomeMy WebLinkAboutA017 - Resolution accepting Iowa DNR Solid Waste Alternatives Program grant funding for Resource Recovery and Recycling Campus (Customer Convenience Center)ITEM #:20
DATE:10-13-26
DEPT:PW
SUBJECT:IOWA DNR SOLID WASTE ALTERNATIVES PROGRAM GRANT FUNDING
(CUSTOMER CONVENIENCE CENTER)
COUNCIL ACTION FORM
BACKGROUND:
The Iowa Department of Natural Resources (DNR) Solid Waste Alternatives Program (SWAP)
offers competitive financial assistance for a variety of projects, including source reduction,
recycling, and education.
O n June 9, 2026, City Council authorized staff to apply to the Iowa DNR's Solid Waste
Alternatives Program (SWAP). The application included a request for funding to support the
construction of the new Resource Recovery and Recycling Campus (R3C). The DNR recently
notified staff that the City was selected for $24,999 in SWAP funding structured as a forgivable
loan.
This award is in addition to the award for the yard waste area approved by City Council on
September 9, 2026. The DNR has provided an agreement for this grant, which the City's Legal
team has reviewed and approved (see attachment). Staff is seeking City Council approval
to accept the funding and to sign the attached agreement.
The grant funding will support the purchase of materials and equipment that contribute
to waste diversion from the landfill, in alignment with the SWAP program goals. This
includes concrete necessary for the customer convenience center at the R3C, which
will be utilized by the public to drop off recyclable materials. The total R3C customer
convenience center concrete costs are $175,000.
ALTERNATIVES:
1. Approve the SWAP grant agreement with the Iowa Department of Natural Resources for
the R3C Customer Convenience Center in the amount of $24,999.
2. Do not approve the SWAP grant agreement, and forego the supplemental funding for
this component of the R3C project.
3. Refer this item to staff for further information.
CITY MANAGER'S RECOMMENDED ACTION:
Grant funding provided by the Iowa DNR would financially support the construction of
the R3C, specifically the concrete costs for the customer convenience center.
Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative
No. 1, as described above.
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ATTACHMENT(S):
12 Ames - Customer Convenience Center Concrete.pdf
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SOLID WASTE ALTERNATIVES PROGRAM
AGREEMENT NUMBER – 27-G550-12FL
Between
IOWA DEPARTMENT OF NATURAL RESOURCES
And
CITY OF AMES
IN WITNESS THEREOF, the parties hereto have executed this Agreement.
DEPARTMENT OF NATURAL RESOURCES
By: Date:
Amie Davidson, Administrator ESD
CITY OF AMES
By: Date:
Justin Clausen, Director of Public Works
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SOLID WASTE ALTERNATIVES PROGRAM
PROJECT AGREEMENT
IOWA DEPARTMENT OF NATURAL RESOURCES
Grantee: City of Ames
515 Clark Ave.
Ames, Iowa 50010
Agreement Number: 27-G550-12FL
Agreement Title: Citizen Convenience Center - Paving
Agreement Amount: $24,999
Grantee Project Officer: Nolan Sagan, 515-239-5227
Grantee Email Address: nolan.sagan@cityofames.org
Department Project Officer: Tom Anderson, 515-240-6059
tom.anderson@dnr.iowa.gov
Land Quality Bureau
Distribution Copies: Copy One – IDNR
Copy Two – Grantee
Time of Performance: September 25, 2026 – October 30, 2026
Time of Final Report: November 15, 2026
Term of Agreement: September 25, 2026 – November 30, 2026
Submit Reporting Forms To: Reports shall be submitted electronically to the following
email address: FABA.Reports@dnr.iowa.gov
Submit Grant Expense
Sheets To:
Email Grant Expense Sheet and supporting
documentation to: kerry.ellenwood@dnr.iowa.gov
Issue Payment To: City of Ames
515 Clark Ave.
Ames, Iowa 50010
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SPECIAL CONDITIONS AND GENERAL CONDITIONS
The Grantee shall deliver all information and complete all tasks detailed in the Special
Conditions. The rights and obligations of the parties to this Agreement shall be subject
to and governed by the Special Conditions, the General Conditions, and the
Appendices. To the extent of any inconsistency between the Special Conditions, the
General Conditions, and the Appendices and any specifications or other conditions that
are made a part of this Agreement by reference or otherwise, the provisions of the
Special Conditions and the General Conditions shall control. To the extent of any
inconsistency between the Special Conditions and the General Conditions, the
provisions of the Special Conditions shall control.
SPECIAL CONDITIONS
ARTICLE I. IDENTIFICATION OF PARTIES, PROJECT, AND PROJECT AREA
This Agreement is by and between the City of Ames (hereinafter referred to as the
Grantee) and the Iowa Department of Natural Resources (hereinafter referred to as the
Department) for the purpose of assisting in construction of the Resource Recovery and
Recycling Campus by paving access to the drop-off recycling area.
ARTICLE II. DESIGNATION OF OFFICIALS
2.1 Department. The Department Project Officer shall negotiate and execute any
changes in the terms, conditions, or amounts specified in this Agreement on
behalf of the Department, subject to the approval of the Administrator of the
Environmental Services Division.
2.2 Grantee. The Grantee Project Officer is authorized to execute any changes in
the terms, conditions or amounts specified in the Agreement.
2.3 Key Agreement Personnel.
Tom Anderson, Department Project Officer - 515-240-6059
Kerry Ellenwood, Department, Claims - 515-462-7292
Becky Jolly, Department, Reporting - 515-249-1482
Nolan Sagan, Grantee Project Officer – 515-239-5227
ARTICLE III. TIME OF PERFORMANCE, TERM OF AGREEMENT
3.1 Time of Performance. The Grantee shall commence work under this Agreement
on the beginning date and complete Agreement tasks by the ending date, as set
forth in this Agreement unless changed by mutual written agreement. Agreement
tasks include all actions and/or submittals required of the Grantee.
3.2 Term of Agreement. The Agreement remains open for the Term of Agreement
as stated on the title page of this Agreement. The Agreement and all obligations
of the Department contained herein may be terminated upon the occurrence of
one of the following: a) the loan is repaid in full including any court costs and
penalties and all conditions of the Agreement have been fulfilled as determined
by the Department; b) the Agreement is terminated under Section 11 of the
General Conditions; or c) if there has been no disbursement of Solid Waste
Alternatives Program funds within three (3) months immediately following the
Term of Agreement start date, unless an extension is requested in writing by the
Grantee and approved by the Department.
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3.3 Acknowledgement of Grantee’s Repayment Obligation in the Event of
Termination for Cause. By entering this Agreement with the Department, the
Grantee is agreeing to complete the project described in Special Condition Article
IV of this Agreement pursuant to the time-line and requirements established in
that Article, as well as in accordance with all other requirements of this
Agreement. By signing this Agreement, Grantee recognizes and agrees that in
the unlikely and unexpected failure of Grantee to complete the project as defined
herein or to otherwise comply with the terms of this Agreement, the Agreement
may be terminated for cause pursuant to Section 11 of the General Conditions of
this Agreement. While it is not anticipated by any party to this Agreement that
termination will be necessary, in the event that the Agreement is terminated for
cause, the Grantee recognizes and agrees that the Department will no longer
reimburse expenses incurred by the Grantee, and further recognizes and agrees
that the Grantee may be required to repay all funds loaned to Grantee by the
Department under an accelerated time frame.
ARTICLE IV. SCOPE OF WORK
4.1 Project Description. The Grantee shall construct a citizen convenience center
at the new Resource Recovery and Recycling Campus (R3C), utilizing SWAP
funding to assist with the construction of a reinforced concrete pad that will
provide a durable, efficient and all-weather location for receiving and managing
recyclables through the City’s drop-off program for recyclables and recoverable
materials generated throughout the service area.
Upon successful demonstration of this alternative to landfilling, the Grantee shall
assist the Department to promote the information gained from this Project to
other public and private sector entities. Any information collected as a result of
this Project becomes public information.
4.2 Reserved
4.3 Milestones. The Grantee shall accomplish the activities listed in the Project
Milestones by the assigned date. If changes are required, the Grantee must
contact the Department in writing and receive approval of the amendment in
writing.
PROJECT MILESTONES
Deliverables Task Milestone
Date
Site preparation complete September 30, 2026
Concrete paving installation October 30, 2026
4.4 Reporting Requirements. Reports shall be submitted electronically to the
following email address: FABA.Reports@dnr.iowa.gov. The Grantee Project
Officer shall provide Progress Reports as outlined in the Reporting Schedule
below.
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REPORTING SCHEDULE
Due Date Reporting Period Report Type
November 15, 2026 September 25, 2026 – October 30, 2026 Final
4.5 Final Report. As part of the Final Report the following information, as collected
over the full term of the Agreement, shall be provided:
1. Summary of site preparation, construction and installation actions taken to
provide a durable, reinforced concrete pad for receiving, storing and
managing leaves, grass clippings and other organic material;
2. Summary of Project related public awareness activities;
3. Representative photos of the completed project.
4.5.1 Disclaimer. Any publications pertaining to work performed under this
Agreement shall contain the following statement:
"This (insert type of material) was prepared with the support of
the Iowa Department of Natural Resources Agreement Number
27-G550-12FL. However, any opinions, findings, conclusions,
or recommendations expressed herein are those of the
author(s) and do not necessarily reflect the views of IDNR."
The Department reserves the right to publish the reports and publications once
completed by the Grantee and delivered to the Department. Written and oral
releases are considered to be within the context of publication rights so reserved
by the Department.
4.6 Project Budget. The Department agrees to pay the Grantee for expenses
incurred for the Project in the amounts stated in the budget outlined below, not to
exceed the Agreement Amount indicated on the title page of this Agreement. The
Department may fund up to 75 percent of the purchase price of each item
purchased with SWAP fund assistance.
PROJECT BUDGET
ITEM
DNR
AWARD
COST
SHARE
TOTAL
COST
Concrete construction for recycling drop-off area $24,999 $150,001 $175,000
TOTAL $24,999 $150,001 $175,000
4.6.1 Iowa Targeted Small Businesses. it is desired that Grantee attempts to
contract with targeted businesses, minority-owned businesses or women
owned businesses, for at least ten (10) percent of all
purchase/expenditures which utilize program funds. A directory can be
found on the web at: https://dia.iowa.gov/tsb/index.php/search.
4.7 Budget Amendments. To the extent necessary, the Grantee shall provide the
Department a written request for any proposed budget deviation. The proposed
revised budget cannot exceed the Agreement Amount as identified on Page 2 of
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the Agreement and the local cost share must be maintained. This written notice
shall include:
a) a statement of the reason(s) the budget deviation is requested and the
impact on the intent of the Project; and,
b) a revised budget indicating affected budget line items.
The Department will respond in writing to the request and is not obligated to
agree to the request. Expenses cannot occur relating to the revised budget until
the Grantee receives an approval letter from the Department.
4.8 Claim Procedure. In order to be reimbursed for Project expenses, the Grantee
shall submit:
a) One (1) signed original (preference given to non-black ink) of the Grant
Expense Sheet detailing expenditures and appropriate budget line
items.
b) Invoices or receipts on the vendor’s company invoice or receipt form
for items for which reimbursement is requested must be attached to
the Grant Expense Sheet.
c) If cost share is to be shown: Indicate this on the Grant Expense Sheet
and attach necessary documentation showing that the identified
Grantee cost share has been paid.
4.8.1 Email Grant Expense Sheet and supporting documentation to:
kerry.ellenwood@dnr.iowa.gov.
4.8.2 Grant Expense Sheets must be submitted within ninety (90) days of the
date of the oldest attached invoice. It is recommended that the Grantee
submit Grant Expense Sheets as expenses are incurred.
4.8.3 Claims shall be made only on items listed in the Project budget outlined in
section 4.6 of this Agreement.
4.8.4 No costs for which funds will be used can be incurred before the beginning
date or after the ending date of the Time of Performance.
4.8.5 The Department will retain ten percent (10%) of the total amount requested
in each claim. Payment of the final ten percent (10%) will be made upon
submittal and approval of the Final Report and submittal of a completed
Grant Expense Sheet requesting retained funds.
4.9 Funding. The Department will process Grant Expense Sheets for payment within
thirty (30) working days provided:
a) the Grant Expense Sheet is correctly completed;
b) all required documentation is attached;
c) all Grantee requirements (including local, state, and federal statutes,
ordinances, rules, and regulations), to date, are completed to the
satisfaction of the Department; and
d) The Grantee is accomplishing Project Milestones identified in Article IV
to the satisfaction of the Department. If any of these conditions is not
met, the Department will notify the Grantee of the deficiencies and the
Department may return the canceled Grant Expense Sheet to the
Grantee. A new Grant Expense Sheet may be submitted to the
Department for payment once Agreement requirements are met.
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ARTICLE V. REVIEW OF WORK, PROPERTY SALE, PROPERTY USE,
MISCELLANEOUS TERMS
5.1 Right of Review. The Department or its advisors shall have the right to review
and observe at any time, completed work or work in progress on the Project.
5.2 Property Sales and Use. The sale of any nonexpendable tangible personal
property or real property purchased with program funds and replaced with
comparable replacement items prior to the end of the Term of Agreement, may
be allowed. Prior to the sale of any nonexpendable tangible personal property or
real property, the Department shall be notified no less than thirty (30) days prior
to the Grantee entering into an agreement for the sale of the nonexpendable
tangible personal property. The written notice shall include a detailed description
of how the sale will impact the project and specifications of the nonexpendable
tangible personal property or real property proposed to be sold. For the
purposes of this Agreement, nonexpendable tangible personal property includes
but is not limited to, vehicles, trailers, collection and processing equipment,
building construction, building remodeling, and scales. “Comparable
replacement items” means items that maintain the intent of the Project.
5.2.1 In the event that any nonexpendable tangible personal property or real
property purchased or constructed with program funds, are sold, and
proceeds from that sale are used for other than acquisition of comparable
replacement items during the Term of Agreement, the Department shall
immediately be paid a percentage of the sale price equal to the
percentage of program funds used in the original purchase or construction
of the nonexpendable tangible personal property sold. Reimbursement
will be based solely on items documented on the Grant Expense Sheet
and purchased, including installation, with program assistance.
This provision is not intended to reduce the total amount due the
Department under the terms of the loan.
5.2.2 Forgivable Loan Award: In the event that any nonexpendable tangible
personal property or real property purchased or constructed with program
funds, are sold, and proceeds from that sale are used for other than
acquisition of comparable replacement items to maintain the intent of the
Project for up to five (5) years after the expiration of the Term of
Agreement, the Department shall be paid a percentage of the sale price
equal to the percentage of program funds used in the original purchase or
construction of the nonexpendable tangible personal property sold.
Reimbursement will be based solely on items documented on the Grant
Expense Sheet and purchased, including installation, with program
assistance.
5.2.3 If any nonexpendable tangible personal property or real property
purchased or constructed with program funds are sold signifying the end
of the Project, the Department may at its sole discretion invoke the
provisions of Article 5.6 and/or pursue Termination pursuant to General
Condition Section 11.
5.2.4 Forgivable Loan Awards: Nonexpendable tangible personal property or
real property shall not be used for purposes other than fulfilling the
intended purpose of the project, without Department approval, for a period
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of up to five (5) years after the expiration of Term of Agreement. Failure to
comply may be cause for the Department to invoke the provisions of
Article 5.6 and/or pursue Termination pursuant to General Condition
Section 11.
5.2.5 All Other Awards: Nonexpendable tangible personal property or real
property shall not be used for purposes other than fulfilling the intended
purpose of the project, without Department approval, during the Term of
Agreement. Failure to comply may be cause for the Department to invoke
the provisions of Article 5.6 and/or pursue Termination pursuant to
General Condition Section 11.
5.3 Reporting. Failure to submit timely and approvable reports may result in any or
all of the following:
1. Conversion of the forgivable loan to a zero interest loan, and/or
2. Termination of the Agreement pursuant to General Condition Section
11, forfeiture of awarded funds not yet claimed and the entire unpaid
loan balance and costs of collection immediately due and payable.
5.4 Prepayment. Prepayment of loan funds will not alleviate the Grantee of
complying with conditions of this Agreement, including reporting requirements
without prior approval of the Department.
5.5 Milestones. Milestone activities must be met by the assigned date. If the
assigned date needs to be amended, prior written Department approval must be
received. Failure to accomplished milestones by contracted or amended dates
may result in any or all of the following:
1. The forgivable loan will revert to a zero interest loan.
5.6 Project Failure. In the event that the Project fails or ceases operations as
originally proposed during the Term of Agreement without prior Department
approval, the Department may:
1. Convert the forgivable loan to a zero interest loan,
2. Repossess all nonexpendable tangible personal property used in the
performance of this Agreement, and
3. Terminate the Agreement pursuant to General Condition Section 11.
5.7 Availability of Funds. Funding for this Project is subject to the continued
financial support of the State of Iowa. If the State discont inues funding, this
Agreement may be terminated or amended by the Department.
5.8 Unused Funds. Ninety (90) days after the end of the Time of Performance the
Department shall de-obligate any un-used award monies from the Project.
ARTICLE VI. INSURANCE
6.1 The Grantee shall submit to the Department a written statement to attest that the
Grantee holds an adequate level of insurance to insure items purchased with
program funds. This documentation shall be submitted before the time of
purchase of grant and/or loan funded items unless approved by the DNR Project
Officer.
6.2 The Department or its advisors shall have access for the purpose of examination
of any insurance policy and associated records regarding insurance coverage of
any item purchased or constructed using funds under this Agreement.
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6.3 The Grantee shall maintain an adequate level of insurance for the period set forth
under Term of Agreement.
6.4 The Grantee understands and agrees that the Department must approve any
expenditure utilizing moneys received from the Grantee's insurer for the loss or
damage of any item(s) purchased or constructed using grant and/or loan funds
during the Term of Agreement. Failure to receive prior approval from the
Department may result in any or all of the following:
1. The forgivable loan will revert to a zero interest loan.
6.5 In the case where items are lost or damaged, and the Grantee has received
payment from the Grantee's insurer for this loss or damage, and the Grantee
elects that these moneys will not be used to purchase replacement items or
repair damaged items, the Grantee shall pay the Department a percentage of
these insurance moneys equal to the percentage of grant and/or loan funds used
in the original purchase of the item(s) lost or damaged for which insurance
proceeds have been received during the Term of Agreement.
ARTICLE VII. TERM OF LOAN
7.1 The forgivable loan shall be forgiven if all contractual obligations referred to in
this Agreement are met to the satisfaction of the Department. If contr actual
obligations are not met to the satisfaction of the Department, then the forgivable
loan will revert to a zero interest loan, repayment will be required. Appendix A,
Repayment Schedule will be amended into this Agreement for the amount that
shall be repaid to the Department.
7.2 The Department agrees to make a loan to the Grantee to assist in the financing
of the Project, in the amount of $24,999.
7.3 The obligation to repay the loan shall be evidenced by the Agreement and the
Promissory Note executed by the Grantee.
7.4 The Loan may be prepaid in part or in full at any time without penalty.
Prepayment of this Loan will not alleviate the Grantee from fulfilling other
conditions set forth in this Agreement or as amended by the Department and the
Grantee.
7.5 If this Agreement includes a low-interest or no-interest loan or the loan is
converted to a low-interest or no-interest loan by the Department, and subject to
the prepayment option referenced in section 7.4 above, t he Grantee must meet
the repayment obligations established in Appendix A to this Agreement. The
Grantee must also comply with all terms of this Agreement throughout the term of
this Agreement. The Grantee’s submittal of a partial payment, or failure to pay
any installment when due, or any other failure on the part of the Grantee to
comply with all terms established in this Agreement may result in the withholding
of any or all unspent loan funds and is cause for the Department to Terminate the
Agreement for cause as authorized under General Condition Section 11.1 and
declare the entire unpaid balance and costs of collection, calculated as 15
percent of the unpaid balance, immediately due and payable. In the event of
Termination for Cause, the Grantor will notify the Grantee of such termination via
certified Demand Letter, and explain repayment obligations in the Demand Letter
as explained in Section 11 of the General Conditions.
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GENERAL CONDITIONS
SECTION 1. AGREEMENT NEGOTIATION
The Grantee hereby agrees, upon commencement of Agreement negotiations, or after
signature of the Agreement by both the Grantee and the Department, to attend an
Agreement consultation meeting at the Department's office, if so requested by the
Department. If the Grantee fails to attend the Agreement consultation meeting the
Department shall be free to terminate the Agreement negotiations or the signed
Agreement, whichever applies, by the described method in Section 11 of the General
Conditions.
SECTION 2. ENTIRE AGREEMENT
This Agreement with all attachments and references constitutes the entire Agreement
between the Department and the Grantee with respect to the subject matter hereof, and
the Grantee acknowledges that it is entering into the Agreement solely on the basis of
the terms and conditions herein contained and not in reliance upon any representative
statement, inducement or promise, whether oral or written, not contained herein.
SECTION 3. AMENDMENT
The Department or the Grantee may initiate an amendment to this Agreement prior to
the end date of the existing agreement. Any amendment is effective only if in writing
and agreed to by the Department and the Grantee. The amendment shall be effective
as of the date it is agreed upon, unless otherwise specified in the amendment.
SECTION 4. AVAILABILITY OF DATA
All information and data obtained by the Grantee in connection with the Agreement shall
be made available to the Department. Such information and data shall become the
property of the Department except that which is necessary for the patent or copyright
purposes of the Grantee.
SECTION 5. ASSUMPTION OF RISK AND LIABILITIES
The Grantee shall assume all risks and liabilities in connection with the performance of
the Agreement and shall be responsible for all claims, demands, action or causes of
action of whatever nature or character arising out of or by reason of the execution or
performance of the work provided for herein, except to the extent caused by the State of
Iowa. The Grantee shall indemnify and hold harmless the Department, its employees,
agents or representatives, and the State of Iowa from all claims, demands, actions or
causes of actions, arising out of or by reason of the execution or performance of the
work provided for herein, and shall be responsible for all attorney fees, costs and
expenses incurred by the Department, its employees, agents or representatives and the
State of Iowa, except to the extent caused by the State of Iowa.
SECTION 6. TRANSFER OF WORK
The Grantee shall not transfer or assign any part or portion of the work on t he
Agreement without the prior written consent of the Department.
SECTION 7. REVIEW OF WORK
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The Department shall have the right to review and observe, at any time, completed work
or work in progress on the Agreement.
SECTION 8. LOCAL, STATE AND FEDERAL LAW COMPLIANCE REQUIREMENTS
The Grantee shall comply with all local, state, and federal statutes, ordinances, and
rules or other requirements applicable to the establishment and operation of the
Grantee’s facility.
SECTION 9. ACCOUNTS AND RECORDS
9.1 The Grantee agrees to maintain books, documents, and other records pertaining
to all costs and expenses incurred and revenues acquired during this Agreement
to the extent and in such detail as will properly reflect all costs, direct and
indirect, of labor, materials, equipment, supplies and services, and other costs
and expenses of whatever nature for which reimbursement is claimed. The
Grantee shall be prepared to support charges for salaries and wages by time,
attendance and payroll records.
9.2 The Department, State Auditor, or any of their duly appointed representatives,
shall have access for the purpose of audit and examination to any books,
documents, papers and records of the Grantee which are pertinent at all
reasonable times during the period of retention provided for in Sections 9.3, 9.4,
and 9.5 below and shall have the right to make copies of excerpts or make other
transcriptions thereof, subject to the provisions of 199 Iowa Administrative Code
Section 1.9 and Iowa Code Chapter 22.
9.3 All records in the possession of the Grantee pertaining to this Agreement shall be
retained by the Grantee for the period of five (5) years beyond the ending date
set forth under Term of Agreement.
9.4 Records relating to any litigation or claim arising out of the performance of this
Agreement, or costs or expenses of this Agreement to which exception has been
taken as a result of inspection or audit, shall be retained by the Grantee until
such litigation, claim, or exception has been finally settled or until five years from
the ending date of Term of Agreement has expired, whichever occurs later.
9.5 The Grantee, in maintaining Agreement expenditure accounts and records and
reports, shall make any necessary adjustments to reflect refunds, credits,
underpayments or overpayments, as well as any adjustments resulting from any
administrative reviews and audits by the United States or by the State of Iowa or
by the Grantee. Such adjustments shall be set forth in the financial reports filed
with the Department.
SECTION 10. UNALLOWABLE COSTS
The following costs are unallowable under this Agreement:
a) Legal expenses for the prosecution of claims against the Department, the
State of Iowa, the Federal Government, or any subdivision thereof;
b) The difference in costs between first class air accommodations and less than
first class air accommodations, unless less than first class air
accommodations are not available;
c) Costs incurred prior to the effective date of the Agreement;
d) Costs of preparing proposals for potential contracts;
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e) Bad debts (any losses arising from uncollectible accounts and other claims
and related costs);
f) Contingencies (contributions to a contingency reserve or any similar provision
for unforeseen events);
g) Contributions or donations;
h) Entertainment (costs of amusements, social activities, and incidental costs
relating thereto, such as meals, beverages, lodgings, rentals, transportation,
and gratuities);
i) Fines and penalties (costs relating from violations of, or failure to comply with
federal, state and local laws and regulations);
j) Other financial costs (interest on borrowings -- however represented, bond
discounts, costs of financing and refinancing operations, and legal and
professional fees paid in connection therewith);
k) Insurance premiums and other costs associated with insuring items
purchased using loan funds;
l) Office equipment such as furniture and computers, etc.
SECTION 11. TERMINATION OF AGREEMENT
11.1 Termination for Cause - The Department may terminate this Agreement in whole
or in part, at any time before the expiration da te, whenever the Department has
determined that the Grantee has materially failed to comply with the conditions of
the Agreement. The Department shall promptly notify the Grantee in writing of
the determination and reasons for the termination, tog ether with the effective
date.
11.1.1 In the event of Termination for Cause, the Department retains the right to
cease all payments or reimbursements to the Grantee and the right to
seek recovery of all funds provided to the Grantee prior to the date of
termination. In the event of Termination for Cause under this
subparagraph, the Department shall provide to the Grantee a Demand
Letter establishing the grounds for Termination, notifying the Grantee that
no additional funds will be provided to the Grantee (if applicable),
explaining whether “forgivable” loans have been converted to “no-interest”
loans (if applicable), and establishing the time frame for repayment of
loaned funds. Grantee agrees that should it receive a Demand Letter
pursuant to this subparagraph, it will comply with the terms therein and
further agrees that any and all legal fees incurred by the Department for
recovery of funds after Termination will be the responsibility of the
Grantee.
11.2 Termination for convenience - The Department or Grantee may terminate the
Agreement in whole or in part when both parties agree that the continuation of
the Agreement would not produce beneficial results commensurate with the
future expenditure of funds. The two parties shall agree upon the termination
conditions, including the effective date and, in the case of partial termination, the
portion to be terminated. The Grantee shall not incur new obligations for the
terminated portion after the effective date and shall cancel as many outstanding
obligations as possible. The Grantee shall prepare and deliver to the Department
copies of a final report, within sixty (60) days, summarizing the work performed
and the results obtained to date, together with such information and items which,
if the Agreement had been completed, would have been required to be furnished
to the Department.
SECTION 12. COPYRIGHTS AND USE OF DATA
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12.1 The term "subject data" as used herein includes research data and reports,
writings, sound recordings, pictorial reproductions, drawings or other graphical
representations, and works of any similar nature which are specified to be
delivered under this Agreement. The term does not include financial reports,
cost analyses, and similar information incidental to Agreement administration.
12.2 The Grantee shall be considered the author of all original subject data.
12.3 The State may duplicate, use and disclose in any manner for any authorized
State activity, and may allow others to do so, all subject matter deliverable under
this Agreement.
12.4 In the Event the Grantee secures a copyright in any subject data (as defined
above), the Grantee agrees to and does hereby loan to the State, its officers,
agents and employees acting within the scope of their official duties, a royalty -
free, non-exclusive, and irrevocable license to publish, translate, reproduce,
deliver, perform, dispose of, and to authorize others to do so for use by the State,
its division, instrumentalities and local subdivisions, all subject data now or
hereafter covered by such copyright. If such subject data is not originated in the
performance of this Agreement, such license shall be only to the extent that the
Grantee, its employees or any individual or concern employed or assigned by the
Grantee to originate and prepare such data under this Agreement, now has, or
prior to completion of final settlement of this Agreement may acquire, the right to
grant such license without becoming liable to pay compensation to others solely
because of such grant.
12.5 The Grantee shall exert all reasonable efforts to advise the Department at the
time of delivery of the subject data furnished under this Agreement of all
invasions of the rights contained in this Section.
12.6 The Grantee shall report to the Department promptly and in reasonable written
detail, each notice or claim of copyright infringement received by the Grantee
with respect to all subject data delivered under this Agreement. On receipt of this
information, the parties hereto agree to confer to determine future uses to be
made of the subject data.
SECTION 13. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT
13.1 The Grantee agrees to report to the Department promptly and in reasonable
written detail, each notice or claim of patent or copyright infringement based on
the performance of this Agreement of which the Grantee has knowledge.
13.2 In the event of any claim or suit against the Department, the State of Iowa, their
employees, agents, or representatives, or the United States, on account of an
alleged patent or copyright infringement arising out of the work or services
performed hereunder, the Grantee agrees to furnish the Department, upon
request, all evidence and information in the possession of the Grantee pertaining
to such suit or claim. Such evidence and information shall be furnished at the
expense of the Department except where the Grantee has agreed to indemnify
the Department.
SECTION 14. EQUIPMENT
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14.1 Definition - For loans and cooperative agreements to other than state and local
governments, the term "equipment" means nonexpendable tangible personal
property to be used in the performance of the Agreement, having an acquisition
cost of five-hundred ($500) dollars or more, and a useful life expectancy of
greater than two (2) years. A borrower may use its own definition of equipment
provided that such definition would at least include all articles of equipment as
defined in this paragraph.
14.2 Definition - For loans and cooperative agreements to state and local
governments, the term "equipment" means nonexpendable tangible personal
property to be used in the performance of the Agreement, having an acquisition
cost of five-thousand ($5000) dollars or more, and a useful life expectancy of
greater than one (1) year. A borrower may use its own definition of equipment
provided that such definition would at least include all articles of equipment as
defined in this paragraph.
14.3 The Grantee shall provide the Department with the original invoice(s) of property
purchased. Such purchased property must correspond with approved
Agreement items.
14.4 The Grantee will keep an inventory of the property in their jurisdiction.
Inventories must include the following property characteristics: a) the serial
number if applicable; b) the Agreement Number (if acquisition occurred as part of
the Agreement); c) its description; d) the date of acquisition; e) invoice number, if
purchased; f) the original purchase price; and g) the physical location of the
property.
14.5 The Grantee shall maintain adequate levels of insurance and a control system to
insure adequate safeguards to prevent loss, damage or theft to the property.
Any loss, damage, or theft of property shall be investigated, fully documented
and reported to the Department within sixty (60) calendar days of the occurrence.
SECTION 15. ASSIGNMENT OF INTEREST
Neither the Agreement nor any interest therein nor claim thereunder shall be assigned
or transferred by the Grantee to any other party or parties. Attempted assignment may
be considered, at the option of the Department, to be a substantial breach and cause for
termination within the meanings of Section 11.1 of the General Conditions.
SECTION 16. PERSONNEL
16.1 Selection - The Grantee represents that it has, or will secure, all personnel
required in performing the work and services under this Agreement. Such
personnel shall not be employees of or have any contractual relationship with the
Department.
16.2 Qualification - All of the work and services required hereunder will be performed
by the Grantee or under its supervision and all personnel engaged in the work
shall be fully qualified and shall be authorized under state and local law to
perform such services.
16.3 Change of Key Personnel - Any individual specified by name under the article
Key Personnel within the Special Conditions herein is considered essential to the
work and services to be performed. If for any reason substitution for a specified
individual becomes necessary, the Grantee shall provide immediate written
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notification of such to the Department. The Grantee shall provide the name and
resume of qualifications for the replacement individual. Any replacement shall be
subject to the approval of the Department.
SECTION 17. EFFECT OF INVALIDITY
If any of the provisions herein shall be in conflict with the laws of the State of Iowa, or
shall be declared to be invalid by any court of record in this state, such invalidity shall be
construed to affect only such portions as are declared invalid or in conflict with the law
and such remaining portions of the Agreement shall remain in effect and shall be
construed as if such invalid or conflicting portions were not contained herein.
SECTION 18. LITIGATION
18.1 The Grantee agrees to pay reasonable attorneys’ fees and costs incurred by the
Department in any litigation arising from failure of the Grantee to comply with the
conditions or terms of this Agreement or resulting from the negligence or
incompetence of the Grantee. In carrying out the provisions of the Agreement or
in exercising any power or authority otherwise, it is understood that in such
matters the Department acts for the State.
18.2 The venue for any cause of action based upon this Agreement by either party to
this Agreement shall be in Polk County, Iowa, and the law of the State of Iowa
shall apply.
SECTION 19. ASSURANCE
19.1 The Grantee shall not discriminate against any employee or applicant for
employment because of race, creed, color, religion, national origin, sex, age,
political belief, or handicap, in its employment practices. Such employment
practices may include, but are not limited to, recruitment, recruitment advertising,
hiring, layoff or termination, promotion, demotion, transfer, rates of pay, training
and participation in upward mobility programs, or other forms of compensation
and use of facilities.
19.2 The Grantee will send to each labor union or representat ive or workers with
which it has a collective bargaining agreement or other contract or understanding
a notice advising the labor union or representative of the Grantee’s commitments
under this nondiscrimination clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
19.3 The Grantee will comply with all relevant provisions of the Iowa Civil Rights Act
and Iowa Code 19B.7, Iowa Executive Order #15 of 1973, and Title VI of the Civil
Rights Act of 1964 (PL 88-352). The Grantee shall furnish all information and
reports reasonably requested by the Department and will permit access to its
payroll and employment records by the Department or the Department's grantor
agency for purposes of investigation to ascertain compliance with this
nondiscrimination clause consistent with Iowa Code Chapter 22. The Grantee
may be required to make available upon request its Affirmative Action Program
containing goals and time deadline. Any breach of the above provision s shall be
regarded as a material breach of Agreement and justification for termination for
cause.
19.4 In the event of the Grantee’s noncompliance with the nondiscrimination clauses
of this Agreement, this Agreement may be canceled, terminated or suspended in
whole or in part and the Grantee may be declared ineligible for further action, and
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such sanctions may be imposed and remedies invoked, as provided by the Iowa
Civil Rights Act, Chapter 216, Code of Iowa, as heretofore and hereinafter
amended, or as otherwise provided by law.
SECTION 20. CONTINGENT FEES
The Grantee warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Grantee, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any company or person, other than
a bona fide employee working solely for the Grantee, any fee, gift, or any other
consideration, contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, the Department shall have the right to annul this
Agreement without liability or, in its discretion, to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
SECTION 21. OFFICERS NOT TO BENEFIT
No officer or employee of the State shall participate in any decision relating to this
Agreement which affects his or her personal interest or the interest of any corporation,
partnership, or association in which he or she is directly or indirectly interested; or have
any interest, direct or indirect, in this Agreement or the proceeds thereof.
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PROMISSORY NOTE
IMPORTANT. READ BEFORE SIGNING: The terms of this Agreement should be
read carefully. Only those terms in writing are enforceable. No other terms or oral
promises not contained in this written contract may be legally enforced. You may
change the terms of this Agreement only by another written agreement.
Loan Amount: Grantee:
$24,999 City of Ames
515 Clark Ave.
Ames, Iowa 50010
Date: ______________ Signature: _____________________________________
Title: _________________________________________
For the loan received under Agreement Number 24-G550-12FL, the above signed
hereby promises to pay the Iowa Department of Natural Resources for reimbursement
of the Solid Waste Alternatives Program a sum of:
Forgivable Loan: $24,999
The forgivable loan may be forgiven if all contractual obligations referre d to in this
Agreement are met to the satisfaction of the Department. If the requirements are not
met to the satisfaction of the Department, then the forgivable loan will revert to a zero
interest loan, repayment will be required, and Appendix A, Repayment Schedule will be
amended.
General Information
1. Payments. All payments under this Promissory Note shall be made in accordance
with the DNR ACH Authorization for Loan Repayments form completed by the
Grantee and incorporated herein by reference.
2. Acceleration Upon Default. This Promissory Note is issued to evidence an
obligation to repay a $24,999 loan according to the terms of the Agreement
between the Department of Natural Resources, Land Quality Bureau and the
Grantee. The forgivable loan portion of this award shall be forgiven if all contractual
obligations referred to in this Agreement are met. At the election of the Department
and with written notification, this Promissory Note shall become immediately due
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and payable in the event any payment is not made when due or upon the
occurrence of any event of default under the terms of the Agreement.
3. Reduced Amount. In the event the Grantee fails to claim and spend the full face
amount of the Note as set out above, the Agreement, including the Promissory
Note, will be amended accordingly.
4. Security. This Note is secured by all existing and future security interests
contained in mortgages and security agreements between the Grantor and the
Grantee and any endorser, surety, or guarantor of this Note. Any default under a
security agreement or mortgage shall be a default hereunder, causing payment of
this Note to be accelerated. The undersigned agrees that the Grantor may, without
notice or demand, set off against any credit balance or other money now or
hereafter owed the undersigned by the Grantor any amount unpaid under this Note.
Without affecting the liability of any maker, endorser, surety, or guarantor, the
Grantor may, without notice, renew or extend the time for payment, accept partial
payments, release or impair any collateral which is security for this Note or agree
not to sue any party liable. Any maker, endorser, surety, or guarantor further
agrees that the Grantor is not required to first resort for payment to any collateral.
Borrower represents and warrants that the extension of credit evidenced by this
Note is for business, commercial, or agricultural purposes or it is an organization.
5. Waiver. No delay or omission on the part of the Department in exercising any right
under this Note shall operate as a waiver of that right under this Promissory Note.
A waiver on any one occasion shall not be construed as a waiver of any right and/or
remedy on any future occasion.
6. Waiver of Protest. Each surety, endorser and guarantor of this Note, expressly
waives presentment, protest, demand, notice of dishonor or default, and notice of
any kind with respect to this Note.
7. Costs of Collection. The Grantee will pay on demand all costs of collection,
maintenance of collateral, legal expenses, and attorney’s fees incurred or paid by
the Department in collecting and/or enforcing this Promissory Note on default.
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