HomeMy WebLinkAboutCity of Waterloo Leisure Services Department-7/8/2013Mayor
BUCK
CLARK
F T E L S 5 •WA
COP MUITT • EVEL®'%"
620 Mulberry Street, Camegie Annex 0 Waterloo, IA 50703 o (319) 291-4429 Fax (319) 291-4431
July 30, 2013
COUNCIL
MEMBERS Mr. Paul Huting, Director
City of Waterloo — Leisure Services Department
1101 Campbell Avenue
Waterloo, IA 50702
DAVID
JONES
Ward I
CAROLYN
COLE
Ward 2
HAROLD
GETTY
Ward 3
QUENTIN M.
HART
Ward 4
RON
WELPER
Ward 5
BOB
GREENWOOD
At -Large
STEVE
SCHMITT
At -Large
RE: FY 2014 CDBG Program
Subrecipient Agreement
Dear Mr. Huting:
We enclose a fully executed Subrecipient Agreement between the City of Waterloo
Community Development Board and the City of Waterloo Leisure Services Department for
use of FY2014 Community Development Block Grant (CDBG) program funds. These
funds will assist in replacing playground equipment at Lower Gates Park, located at East 4th
and Lester Street in Waterloo, Iowa.
Please keep in mind that submission of accurate and detailed monthly reports are required.
This will assist us in meeting the federal reporting requirements.
If you have any questions, please contact Nancy Gulick, Community Development
Coordinator, or me at 291-4429.
Sincerely,
Rudy D. Jones
Community Development Director
RDJ:an
Enclosures
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CITY WEBSITE: www.cityofwaterlooiowa.com
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An Equal Opportunity/Affirmative Action Employer
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AGREEMENT BETWEEN THE CITY OF WATERLOO
COMMUNITY DEVELOPMENT BOARD
AND
WATERLOO LEISURE SERVICES DEPARTMENT
FOR THE USE OF
FY2014
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, entered into this 1st day of July, 2013, by and between the City of Waterloo, acting by
and through the Community Development Board of Waterloo ("City"), and the Waterloo Leisure Services
Department ("Subrecipient");
WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the
U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community
Development Act of 1974, as amended (Public Law 93-383); and
WHEREAS, the City wishes to utilize CDBG funds to assist the Subrecipient in replacing the playground
equipment at Lower Gates park near the intersection of East Fourth Street and Lester Street, in order to benefit low -
and moderate -income families in a designated area.
NOW, THEREFORE, THE PAR HES AGREE AS FOLLOWS:
PART I
1. PURPOSE AND SCOPE OF SERVICES
A. The Subrecipient shall replace existing playground equipment with a new structure that is safe and
accessible to those with special needs and have improved safety and playground surfacing at Lower Gates
Park located at East 4th Street and Lester Street (the "Project"). The Public Facility qualifies under the
National Objective under Area Benefit. The park benefits all residents of an area where at least 51% of
the residents are low -moderate income. (Census Tract 17.01— 66%)
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B. Development of architectural designs for the Project shall be the responsibility of the Subrecipient,
subject to written concurrence by the City.
C. Upon request, the City shall provide technical assistance regarding bidding procedures and awarding of
subcontracts under this Agreement. The Subrecipient shall be responsible for all bidding procedures and
subcontract arrangements. All procedures shall be carried out in accordance with all federal, state and
local standards, and shall be monitored by the City. Subrecipient shall submit draft bid documents to
the City for review and approval prior to requesting bids.
D. The Project shall be completed in compliance with all applicable state and local building codes; and
upon completion, shall be operated in compliance with all applicable state and local codes and
ordinances.
2. TIME OF PERFORMANCE
The Subrecipient shall perform according to the following schedule:
A. Program Element Deadline
1. Execute Contract for Project July 2013
2. Acquisition of Property (if applicable) N/A
3. Solicitation of Construction Bids (if applicable) Summer 2013
4. Bid Opening and Selection of Contractor (if applicable) Summer 2013
5. Preconstruction Conference (if applicable) Summer 2013
6. Project Start Date Summer 2013
7. Project Completion Date June 30, 2014
8. Monitoring Period 1 Year
This schedule is subject to change by mutual agreement of both parties in writing.
3. PROPOSED PROJECT BUDGET
Amount
Total Project Cost $55,000.00
Total Subrecipient Grant $50,000.00
4. COMPENSATION AND METHOD OF PAYMENT
The City shall pay and the Subrecipient agrees to accept in full no more than FIFTY THOUSAND AND
NO/100 DOLLARS ($50,000.00) (hereinafter "Grant") for performance under this Agreement, as follows:
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A. Partial payments shall be made upon presentation of (i) purchase agreements, invoices, executed lien
waivers, and other supporting documents covering all amounts to be paid, and/or (ii) time sheets and
other source documents.
B. All funds are to be used and/or expenses incurred by June 30, 2014. Funds not spent or incurred by this
date will be recaptured and reprogrammed for other activities.
C. All payments under this Agreement are subject to receipt by the City of sufficient federal funds for
the CDBG program. CDBG funds shall be drawn from the U. S. Treasury by the City through the
Integrated Disbursement and Information System (IDIS). The City shall retain exclusive direct
access rights to the IDIS. All access to IDIS will be by duly authorized persons designated by the
City as approved by HUD. Any termination, reduction or delay of receipt of CDBG funds to the
City shall, at the option of the City result in the termination, reduction or delay of CDBG funds to
the Subrecipient.
5. TERMS AND CONDITIONS
A. The City shall have no responsibility or liability for the maintenance, operation or program funding for
the Subrecipient.
B. During the period of this Agreement, effective as of the start of the Project, the Subrecipient shall, at its
own expense, procure and maintain all-risk property damage and liability insurance. Property damage
coverage shall not be less than the current market value of the property. Liability coverage shall include
contractual insurance as well as comprehensive form insurance, and shall provide coverage of not less
than $250,000 bodily injury per person, $500,000 bodily injury per occurrence, and $100,000 property
damage. Certificates or copies of said policies, naming the City as an additional insured, and providing
for thirty (30) days' advance notice to the City before cancellation, shall be delivered to the City within
ten (10) days after execution of this Agreement. A renewal certificate shall be provided to the City prior
to expiration of any policy. The Subrecipient shall provide Workers' Compensation Insurance coverage
for all employees involved in the performance of the Project work contemplated by this Agreement.
C. Until at least June 30, 2014, the Subrecipient shall, in a manner satisfactory to the City, fulfill its stated
purpose as outlined in Part I.1.A. of this Agreement.
D. In the event the Subrecipient defaults in the performance or observance of any covenant, agreement or
obligation set forth in this Agreement, and if such default remains uncured for a period of thirty (30)
days after notice thereof shall have been given by the City to the Subrecipient (or for a period of sixty
(60) days after such notice if such default is curable but requires acts to be done or conditions to be
remedied which, by their nature, cannot be done or remedied within such 30 -day period and thereafter
Subrecipient fails to diligently and continuously prosecute the same to completion within such 60 -day
period), then the City may declare that the Subrecipient is in default hereunder and may take any one or
more of the following steps, at its option:
1) by mandamus or other suit, action or proceeding at law or in equity, require the Subrecipient to
perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful
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or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such
default;
2) have access to and inspect, examine and make copies of all books and records of the Subrecipient
which pertain to the Project;
3) declare a default of this Agreement, make no further disbursements, and demand immediate
repayment from the Subrecipient of any funds previously disbursed under this Agreement;
4) terminate this Agreement as provided in Section 8 of Part II of this Agreement; and
5) take whatever other action at law or in equity may appear necessary or desirable to enforce the
obligations, covenants and restrictions of the Subrecipient hereunder, including but not limited to the
recovery of funds.
No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive
the right of the City to enforce the same or to obtain relief against or recover for the continuation or
repetition of such breach or violation or any similar breach or violation thereof at any later time or times.
E. Except as provided herein, the terms of this Agreement shall be effective from the date of execution until
the end of the monitoring period, or until all required reports are filed, if later.
F. The Subrecipient agrees to comply with all applicable federal, state and local laws and regulations
governing funds provided under this Agreement as published in 24 CFR Part 570 (CDBG) or Part 92
(HOME).
G. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer/employee between the parties. The Subrecipient shall at all
times remain an independent contractor with the respect to the services to be performed under this
Agreement. The City shall be exempt from payment of all unemployment compensation, FICA,
retirement, life and/or medical insurance and Workers' Compensation Insurance as the Subrecipient is an
independent contractor.
H. If the Subrecipient discontinues the Project before completion, the Subrecipient shall pay to the City the
grant then due.
I. All projects shall adhere to the project requirements found in Subpart E of 24 CFR Part 570, as
applicable, with the type of project assisted.
PART II
1. PERFORMANCE AND REPORTING [24 CFR 570.503(a)(2)]
A. The Subrecipient shall direct all notices, reports, insurance policies, and other communications related to
or required by this Agreement to the office of the Waterloo Community Development Director, 620
Mulberry Street, Suite 202, Waterloo, IA 50703. Any notice required or to be given under this
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Agreement shall be given by ordinary mail to the other party at the address of such party stated herein or,
if none, then to the last known address of such party.
B. Until the completion of the Project and expenditure of all CDBG funds disbursed under this Agreement,
the Subrecipient shall submit monthly reports describing progress of the Project activities by the fifteenth
day of each month. The monthly reports should include the number of households and/or persons
assisted, whether they are low or moderate income persons, their age, ethnic origin and if they are female
headed households, where applicable.
C. Not later than August 1, 2014, the Subrecipient shall provide the City with a certified statement of the
expenditure of funds disbursed under this Agreement.
D. Following completion of the Project, the Subrecipient shall submit an annual report (July 1— June 30) by
August 1, 2014. The annual report shall, at a minimum and as applicable, include statistics pertaining to
the number of households and/or persons assisted, whether they are low or moderate income persons,
their age, ethnic origin, head of household by gender and a narrative of Project highlights where
applicable.
E. Non -Federal entities that expend $500,000 or more of total Federal funds, shall have a single or program
specific audit report which meets the specifications set forth in OMB Circular A-133, "Audits of
Institutions of Higher Education and other Non -Profit Organizations," and which discloses the
expenditure of CDBG funds allocated for this Project. Audit report shall be submitted 30 days after
completion.
F. Non -Federal entities that expend less than $500,000 a year in Federal Awards are exempt from Federal
audit requirements for that year, but records must be available for review or audit by appropriate officials
of the Federal agency, pass-through entity, and General Accounting Office.
2. OTHER REPORTS, AUDITS AND INSPECTIONS
A. The Subrecipient shall promptly furnish the City or HUD with such statements, records, data and
information as the City or HUD may reasonably request pertaining to this Agreement.
B. During the term of this Agreement, at any time during normal business hours the Subrecipient shall
make available to the City, HUD and/or the Comptroller General of the United States, or their duly
authorized representatives, all of the Subrecipient's records in order to permit examination of any audits,
invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all
matters covered by this Agreement.
C. The Subrecipient shall retain financial records, supporting documents, statistical records, and all other
records pertaining to expenditures under this Agreement for a period of five (5) years from the date of
submission of the Consolidated Annual Performance and Evaluation Report (CAPER) in which the
Project activity is reported for the last time.
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3. ADMINISTRATIVE REQUIREMENTS
A. Financial Management:
The requirements of applicable sections of OMB Circular A-122 "Cost Principles for Non -Profit
Organizations," and OMB Circulars A-110, "Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non -Profit Organizations," and A-133, "Audits of Institutions of
Higher Education and other Non -Profit Organizations," shall apply to the use of funds disbursed
under this Agreement. The Subrecipient shall submit draft bid documents to the City for review and
approval prior to requesting bids.
B. Documentation and Record -Keeping:
1. Records to be maintained
The Subrecipient shall maintain all records that are pertinent to the activities to be funded under
this Agreement, including but not limited to:
a. Records providing a full description of each activity undertaken;
b. Financial records as required by OMB Circular A-122, and/or OMB Circular A-133,
and/or OMB Circular A-110; and
c. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG or HOME program.
2. National Objectives and Eligibility
The Subrecipient agrees to maintain documentation demonstrating the activities carried out with
funds provided under this Agreement benefit low -moderate income persons, as defined in 24
CFR 570.208(a).
C. Certifications:
By execution of this Agreement, the Subrecipient certified that all contractors, subcontractors, and/or
eligible suppliers to be used on the Project are eligible to participate in the federal Community
Development Block Grant Program, and that they are not on any debarred, suspended, or ineligible list
and will abide by 24 CFR 570.609.
D. For construction projects over $2,000 Davis Bacon wage guidelines shall apply.
E. Amendments:
The City or Subrecipient may amend this Agreement at any time provided that such amendments are
executed in writing and signed by a duly authorized representative of both organizations. Such
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amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from
its obligations under this Agreement except to the extent stated in any amendment.
F. Procurement
1) Compliance
In the event of termination for cause as provided in Paragraph 8 or termination for convenience as
provided in Paragraph 9, a pro -rated portion of program assets (unexpended program income,
property, equipment, etc.) attributable to the City's CDBG investment shall revert to the City upon
termination of this Agreement, as provided in Paragraphs 8 or 9 of this Agreement.
2) OMB Standards
The Subrecipient shall procure materials in accordance with the requirements of A-133, A-122,
Attachment 0 of OMB Circular A-110, Procurement Standards, and shall subsequently follow
Attachment N, Property Management Standards, covering utilization and disposal of property.
4. NON-DISCRIMINATION, AFFIRMATIVE MARKETING AND SECTION 504 COMPLIANCE
A. No person shall be excluded from or denied the benefits of the Subrecipient's service on the basis of age,
race, color, religion, creed, national origin, sex, marital status, disability or sexual orientation. All
current and prospective project beneficiaries must, however, be person in need of the programs provided
by the Subrecipient. The Subrecipient shall comply with the affirmative marketing requirements set
forth in 24 CFR 570.601.
B. The Subrecipient confirms that no otherwise qualified individual with handicaps shall, solely by reason
of his/her handicap, be excused from participation in, be denied benefits of or be subjected to
discrimination. This does include, but is not limited to, housing, employment and the delivery of
services and programs.
5. EQUAL EMPLOYMENT OPPORTUNITY AND SECTION 3 COMPLIANCE
A. The Subrecipient certifies that it is an "Equal Opportunity Employer" and that it will comply with
Chapter 216 (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department
of Housing and Urban Development pertaining to equal opportunity and affirmative action employment.
Further, the Subrecipient shall ensure that all contracts for work under this Agreement contain
appropriate equal employment opportunity statements.
B. Section 3 of the Housing and Urban Development Act of 1968 requires that, recipients of CDBG funds
provide, to the greatest extent feasible, job training, employment and contracting opportunities for low -
or very low-income residents in connection with projects and activities in their neighborhoods. The
intent of Section 3 is to foster local economic development, neighborhood economic improvement, and
individual self-sufficiency.
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Section 3 requirements apply to new hires only. It does not require the creation of economic
opportunities for low-income persons simply for the sake of creating jobs, but requires that when jobs
are generated because a project necessitates the employment of additional workers, preference be given
to Section 3 qualified individuals or businesses. If you or your contractors have no need for additional
workers, then the Section 3 requirements do not apply, although you will have to report any existing
workers that fall under Section 3 guidelines.
Section 3 residents are public housing residents or persons who live in the area where a CDBG project
is located and who have a household income that falls below HUD's income limits.
A Section 3 business is a business that is 51% or more owned by Section 3 residents; employs Section 3
residents for at least 30% of its full-time, permanent staff; or provides evidence of a commitment to
subcontract to Section 3 business concerns, 25% or more of the dollar amount of an awarded contract.
You must take affirmative actions to achieve the Section 3 goals. Actions include the following:
• Including Section 3 intent in all bid advertisements;
• Requiring contractors to advertise employment opportunities locally;
• Notifying residents and businesses of economic opportunities available;
• Keeping contractors informed of their Section 3 responsibilities;
• Include the Section 3 clause in every solicitation and contract; and
• Report Section 3 results.
6. ENVIRONMENTAL ASSESSMENT AND HISTORIC PRESERVATION
The Subrecipient shall comply with all applicable environmental assessment and historic preservation
requirements of HUD and the State Historic Preservation Officer of Iowa.
7. LEAD-BASED PAINT POISONING PREVENTION
The Subrecipient shall comply with requirements of the federal regulations concerning the Lead -Based Paint
Poisoning Prevention Act and HUD regulations there under:
• Department of Housing and Urban Development (24 CFR Part 35) Requirements for Notification,
Evaluation and Reduction of Lead -Based Paint Hazards in Federally Owned Residential Property and
Housing Receiving Federal Assistance, and
• Environmental Protection Agency (40 CFR Part 745) Lead; Requirements for Hazard Education
Before Renovation of Target Housing.
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8. TERMINATION OF AGREEMENT FOR CAUSE
If the Subrecipient fails to fulfill its obligations under this Agreement in timely and proper manner, or if the
Subrecipient violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon
have the right to terminate this Agreement by giving written notice to the Subrecipient of such termination,
specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after giving of
such notice unless such default or defaults are remedied within such cure period (or sixty (60) days after such
notice if such default is curable but requires acts to be done or conditions to be remedied which, by their
nature, cannot be done or remedied within such 30 -day period, unless thereafter Subrecipient diligently and
continuously prosecutes the same to completion within such 60 -day period). In the event of such termination,
the Subrecipient shall promptly repay to the City the full grant/loan amount or that portion of the amounts,
which have been disbursed to the Subrecipient prior to such termination. In accordance with 24 CFR 85.43
this Agreement may be terminated if Subrecipient materially fails to comply with any term of the Agreement.
9. TERMINATION OF AGREEMENT FOR CONVENIENCE
This Agreement may be terminated in whole or in part upon the mutual agreement of the parties hereto, in
which case the City and the Subrecipient shall agree upon the termination conditions, including the effective
date, the disposition of contract amounts, and in the case of partial termination, the portion to be terminated.
However, if, in the case of partial termination, the City determines that the remaining portion of the award will
not accomplish the purposes for which the award was made, and the award is terminated in its entirety, the
Subrecipient shall promptly repay to the City the full grant/loan amount or that portion of the amount which
has been disbursed to the Subrecipient prior to such termination. Termination for convenience may be
exercised in accordance with 24 CFR 85.44.
10. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS (24 CFR 570.611)
A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be
admitted to any share or part of this Agreement, or to any benefit to arise herefrom.
B. No member of the governing body of the City, no officer, employee, official or agent of the City, or
other local public official who exercises any functions or responsibilities in connection with the review,
approval or carrying out of the Project to which this Agreement pertains, shall have any private interest,
direct or indirect, in this Agreement while in office and for one year after holding the position.
C. No federal funds appropriated under this Agreement shall be paid, by or on behalf of the Subrecipient, to
any person for influencing or attempting to influence a member of Congress, an officer or employee of
Congress or any federal agency 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
agreement.
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11. INTEREST OF THE SUBRECIPIENT
The Subrecipient covenants that it has no interest and shall not acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance of the services to be undertaken through this
Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having
such an interest shall be employed by the Subrecipient.
12. ASSIGNABILITY
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written approval
of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
13. HOLD HARMLESS PROVISION
The Subrecipient shall indemnify, defend and hold harmless the City, its officers, employees and agents from
all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting
from or incurred by reason of any actions based upon the negligent acts or omissions of the Subrecipient's
employees or agents during the performance of this Agreement.
14. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP
The City shall not be liable to the Subrecipient, or to any party, for completion of or failure to complete any
improvements which are part of the Project. Nothing contained in this Agreement, nor any act or omission of
the City or the Subrecipient, shall be construed to create any special duty, relationship, third -party beneficiary,
respondent superior, limited or general partnership, joint venture, or any association by reason of the
Subrecipient's involvement with the City.
15. SEVERABILITY CLAUSE
If one or more of the provisions contained in this Agreement are held to be invalid, illegal or unenforceable,
the provisions of this Agreement shall be deemed severable and the remainder of the Agreement shall remain
in full force and effect.
16. REVERSION OF ASSETS (24 CFR 570.503(b)(7) and 24 CFR 570.505)
After expiration of the Agreement, any real property acquired or improved in whole or in part with HOME or
CDBG funds in excess of $25,000 shall meet one of the national objectives in 24 CFR 570.208 until five (5)
years after expiration of the Agreement or for such longer period of time as determined to be appropriate by
the City.
17. UNIFORM ADMINISTRATIVE REQUIREMENTS
The Subrecipient must comply with applicable uniform administrative requirements as described in 24 CFR
570.502.
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18. PROGRAM INCOME (24 CFR 570.504)
At the end of the program year, all program income generated from this funding source will be returned to the
City.
19. HANDICAP ACCESSIBILITY
The Subrecipient shall comply with the Architectural Barriers Act and the Americans with Disabilities Act as
set forth in 24 CFR 570.614.
20. RELIGIOUS ORGANIZATIONS
Religious organizations receiving CDBG funds shall comply with 24 CFR 570.200.
21. RELOCATION (24 CFR 570.606)
CDBG projects involving rehabilitation, conversion, or demolition may be subject to the provisions of the
Uniform Relocation Act (URA). URA relocation requirements are triggered whenever displacement occurs
as a direct result of rehabilitation, demolition or acquisition for a CDBG-assisted project. Section 104(d)
requirements may be triggered by "demolition" or "conversion" of units when CDBG funds are used.
Acquisition only does not trigger Section 104(d).
22. W/MBE:
The Subrecipient will use its best efforts to afford minority and women -owned business enterprises (at least
fifty-one (51) percent owned and controlled by minority group members or women) the maximum practicable
opportunity to participate in the performance of the Agreement.
23. GRANTOR RECOGNITION:
All activities, facilities, and items utilized pursuant to this Agreement shall be prominently labeled as CDBG
funded. In addition, the Subrecipient will include a reference to the support provided herein in all
publications made possible with funds made available under this Agreement.
24. FEDERAL LAWS:
By virtue of the federal funding provided for under this Agreement, the Subrecipient and all other parties shall
be bound by and adhere to all applicable laws, rules, policies, orders, and directions.
25. RESPONSIBILITY FOR PROGRAM REGULATIONS:
The Subrecipient is responsible for all regulations contained in 24 CFR Part 570 as it may be amended from
time to time. The Community Development Board shall attempt to forward copies of the updated regulations
as they become available, however, the Subrecipient shall be ultimately responsible for securing said updates.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the 1st day of July,
2013.
CITY OF WATERLOO
COMMUNITY DEVELOPMENT BOARD
620 Mulberry Street, Suite 202
2_ `Iowa 5070
4.t it
By:
Eric W. Johnson
Board Chairperson
ATTEST:
Rudy D. Jones(
Community Development Director
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WATERLOO LEISURE SERVICES DEPT.
1101 Campbell Avenue
Waterloo, Iowa 50702
By:
aul Huting
Director
Mayor, City of Waterloo
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