HomeMy WebLinkAboutFischels Music/ A&S Petroleum, Inc-8/8/2011The Parties
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Disaster Recovery
Expanded Business Rental Assistance Program Contract
CONTRACT #
EBRAP009
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PROJECT COMPLETION DATE:
, 2011 December 31, 2010
GRANTOR: City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
CONTACT PERSON: Noel Anderson, Community
Planning & Development Director
Email: noel.anderson@waterloo-ia.org
Phone: 319-291-4366
Fax: 319-291-4262
BUSINESS: Fischels Music, Inc.
722 Commercial St
Waterloo, Iowa 50703
CONTACT PERSON: Kurt Fischels
Email: kurt@fischelsmusic.com
Phone: (319) 234-0052
Fax:
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GRANT AMOUNT ("Award"):
$85,733
PROJECT DESCRIPTION:
This grant is provided by the Grantor to the Business located in a rental space that was
Physically Damaged (defined herein) by the Disaster Event (defined herein) to reimburse for
Business Expenses (defined herein) associated with the purchase of certain Equipment
(defined herein) as described in its application (the "Project").
THE UNDERSIGNED AGREE to be bound by the terms and conditions stated above and the
following documents incorporated by this reference and attached to this Contract: (1) Exhibit A — Disaster
Recovery Expanded Business Rental Assistance Program General Provisions (July: 2011) and all
attachments or exhibits thereto, (2) Exhibit B — Business's Application for Disaster Recovery
Expanded Business Rental Assistance Program, and (3) Exhibit C — List of Applicable Laws. The
Parties have entered into this Contract, effective as of the last date stated below (the "Contract Effective
Date").
FOR TH
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Disaster Recovery
Expanded Business Rental Assistance Program Contract
CONTRACT #
EBRAP010
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A. ARD DATE.
PROJECT COMPLETION DATE:
, 2011 December 31, 2010
GRANTOR: City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
CONTACT PERSON: Noel Anderson, Community
Planning & Development Director
Email: noel.anderson@waterloo-ia.org
Phone: 319-291-4366
Fax: 319-291-4262
BUSINESS: A&S Petroleum, Inc.
127 Jefferson St
Waterloo, Iowa 50701
CONTACT PERSON: Muhammad Bhatti
Email: bmusa786@aol.com
Phone: (319) 610-7607
Fax:
GRANT AMOUNT ("Award"):
$162,115
PROJECT DESCRIPTION:
This grant is provided by the Grantor to the Business located in a rental space that was
Physically Damaged (defined herein) by the Disaster Event (defined herein) to reimburse for
Business Expenses (defined herein) associated with the purchase of certain Equipment
(defined herein) as described in its application (the "Project").
THE UNDERSIGNED AGREE to be bound by the terms and conditions stated above and the
following documents incorporated by this reference and attached to this Contract: (1) Exhibit A — Disaster
Recovery Expanded Business Rental Assistance Program General Provisions (i5.112011 1) and all
attachments or exhibits thereto, (2) Exhibit B — Business's Application for Disaster Recovery
Expanded Business Rental Assistance Program, and (3) Exhibit C — List of Applicable Laws. The
Parties have entered into this Contract, effective as of the last date stated below (the "Contract Effective
Date").
FO ;f HE GRANT R:
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4822-7954-5865\4\419462\00019 7/18/2011
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EXHIBIT A
DISASTER RECOVERY EXPANDED BUSINESS RENTAL ASSISTANCE PROGRAM
GENERAL PROVISIONS (JUL`f i 201 1)
1. CONTRACT DURATION This Contract is
effective as of the Contract Effective Date stated
on Page 1 and shall remain in effect through the
Project Completion Date and until the Grantor
has closed out the Contract and provided
Business with written notice of Contract
closeout.
2. DEFINITIONS. Capitalized terms used in this
Contract shall have the following meanings:
a. "Act" means the Act, as defined in the
Recipient Contract.
b. "Application" means the application of the
Business for assistance pursuant to the Program
and all attachments thereto, attached hereto as
Exhibit B.
c. "Award" means the amount set forth and
described as "Grant Amount" on the first page of
this Contract, which award shall not exceed
100% of the Business Expenses associated with
the Purchase of Equipment, up to a maximum
award of $400,000.
d. "Business" means the business whose
name is set forth on the first page of this
Contract under the heading "Business".
e. "Business Expenses" means the purchase
price of Equipment, including any sales tax paid
relating to the purchase of such Equipment.
f. "Contract" means the Disaster Recovery
Expanded Business Rental Assistance Program
Contract and all exhibits attached thereto.
g. "Contract Effective Date" shall have the
meaning set forth on the first page of this
Contract.
h. "Disaster Event" means floods, storms and
tornados which resulted in the declaration of a
major disaster under Title IV of the Robert T.
Stafford Disaster Relief and Emergency Act (42
U.S.C. Section 5721 et seq.) designated by the
Federal Emergency Management Agency as
Disaster No. 1763 that occurred between May
25, 2008 and August 13, 2008.
i. "Disaster -Damaged Space" means a
business rental space that was Physically
Damaged by the Disaster Event; provided,
however, that "Disaster -Damaged Space" does
Contract #EBRAP009 A-2
not include the upper floors of such buildings
which floors were not Physically Damaged.
"Disaster -Damaged Space" includes a building
(a "Replacement Building") constructed at the
same site to replace a building that was
destroyed as a result of being Physically
Damaged by the Disaster Event
j. "Equipment" means equipment and
machinery, fumiture, inventory or supplies used
or to be used by the Business for its business
activities. "Equipment" does not include
construction, maintenance, leaseholder
expenses, vehicles (other than vehicles that are
considered inventory of the Business), or
leased equipment, except equipment leased
pursuant to capital lease agreements. In
addition, "Equipment" does not include
improvements or personal property attached to
real property or improvements or personal
property intended to become attached to real
property.
k. "Grantor" means the city or county whose
name is set forth on the first page of this
Contract under the heading "Grantor".
I. "HUD" means the U.S. Department of
Housing and Urban Development.
m. "IDED" means the Iowa Department of
Economic Development, an agency of the State
of Iowa.
n. "Physically Damaged" means physical
damage caused by flooding including overland
flow, or physical damage caused by tomado;
provided that damage caused by sanitary or
storm sewer backup is not included unless IDED
determines that such damage was a direct result
of the Disaster Event.
o. "Program" means the Disaster Recovery
Expanded Business Rental Assistance Program
administered by IDED as part of the grant to the
State of Iowa under the HUD Community
Development Block Grant program.
p. "Recipient Contract" means the
r -1S3 - NzF,.-,Zo5 Contract between IDED and the
Grantor dated August 19, 2009, pursuant to
which the Grantor received the funds for the
Award.
3. FUNDING. The source of funding for this
Contract is a grant from IDED to the Grantor for
financial assistance to businesses. Any
termination, reduction, or delay of funds
available due, in whole or in part, to (i) lack of,
reduction in, or a deappropriation of funds, or (ii)
any other reason beyond the Grantor's control,
may, in the sole discretion of the Grantor, result
in the termination, reduction or delay of funds to
the Business.
4. ACKNOWLEDGEMENT OF OBLIGATIONS.
Business acknowledges and agrees that: a) this
Award is made in consideration of Business's
representations and warranties described in this
Contract, and b) upon violation of such
covenants and warranties, Business is obligated
to immediately repay any amounts the Grantor
determines Business received without fulfillment
of Business's obligations under this Contract,
plus applicable costs described in Section 14, all
as further provided herein.
5. CONDITIONS TO DISBURSEMENT OF
FUNDS; DISBURSEMENT TERMS. No Award
funds will be disbursed to the Business until:
(a) The Business and the Grantor have signed
this Contract, and (b) the Business requests a
disbursement of funds. All disbursements of
Award funds shall be subject to receipt by the
Grantor of requests for disbursement, in form
and content acceptable to Grantor, submitted by
the Business. All requests shall include
documentation of costs that have been paid or
costs to be paid immediately upon receipt of
Award funds. The Business shall submit to
Grantor such supporting evidence as may be
reasonably requested by Grantor to substantiate
all payments which are to be made out of any
requisition and/ or to substantiate all payments
then made with respect to the Project.
6. ALLOWABLE COSTS. The Award shall
consist of an amount equal to up to 100% of
Business Expenses associated with the
purchase of Equipment; provided, however, that
Business Expenses associated with the
purchase of inventory and supplies shall not
exceed twice the amount of inventory and
supplies expenses set forth on the federal
income tax returns of the Business for the fiscal
years of the Business ending in 2007 or 2008,
whichever is greater and; provided further, that
in no event shall the Award exceed $400,000.
7. SUSPENSION OF DISBURSEMENT. Upon
the occurrence of an Event of Default (as
Contract #EBRAP009 A-3
defined in Section 11) the Grantor may suspend
payments to Business until such time as the
default has been cured to Grantor's satisfaction.
Notwithstanding anything to the contrary in this
Contract, upon a termination of this Contract on
account of an Event of Default, Business will no
longer have the right to receive any
disbursements after the effective date of default.
8. BUSINESS'S REPRESENTATIONS AND
WARRANTIES. Business represents and
warrants to Grantor as follows:
a. Authority and validity of obligations.
Business has full right and authority to enter into
this Contract. The person signing this Contract
has full authority to sign this Contract on behalf
of the Business, and to obligate the Business to
the performance of each and all of the
obligations under the Contract.
b. Approvals received. This Contract delivered
by the Business has been duly authorized,
executed and delivered by the Business and
constitutes the valid and binding obligations of
the Business and is enforceable against the
Business in accordance with its terms. Business
has secured all necessary authorizations and
approvals with any govemmental, regulatory or
goveming board that may be necessary to
permit Business to execute this Contract and
comply with its terms.
c. Govemmental Approvals, Permits and
Licenses. To the best of its knowledge,
information, and belief after reasonable due
diligence and investigation to determine the
accuracy of this representation, Business
represents that it has received all licenses,
permits, and approvals of all Federal, state, and
local govemmental authorities, if any, necessary
to conduct its business, in each case where the
failure to obtain or maintain the same could
reasonably be expected to have a material
adverse effect. No investigation or proceeding
which, if adversely determined, could reasonably
be expected to result in revocation or denial of
any material license, permit, or approval is
pending or, to the knowledge of the Business
threatened.
d. Litigation and Other Controversies. There is
no litigation or govemmental proceeding
pending, nor to the knowledge of the Business
threatened, against the Business which if
adversely determined would adversely impact
Business's ability to perform under this Contract.
e. Compliance with Laws. To the best of its
knowledge, information, and belief after
reasonable due diligence and investigation to
determine the accuracy of this representation,
Business represents that it is in compliance with
the requirements of all federal, state and local
laws, rules and regulations applicable to or
pertaining to the operations of Business.
f. Operation of Business. The Business was
open and operating at the time of the Disaster
Event and remains open and operating on the
date hereof.
g. Application. All statements of the Business
contained in its Application attached hereto as
Exhibit B, including any attachments (including
but not limited to the Consent and Release
Form, the Subrogation Agreement and the
Duplication of Benefits Affidavit attached
thereto) and documentation with respect to its
Physically Damaged Equipment that is the basis
of the Award, are true and correct as of the date
hereof.
h. Business Location. At the time of the
Disaster Event and on the date hereof, the
Business was and is located in Disaster -
Damaged Space.
j. Allowable Costs. No Award funds are or
have been requested for any expenditures other
than for Business Expenses associated with the
purchase of Equipment.
k. No Residential Facilities. At the time of the
Disaster Event and on the date hereof, the
Business was and is not located in any type of
residential facility.
I. No Duplication of Benefits. The Business
has not received funds from any other source for
the purpose of reimbursing the Business for the
loss due to damage of Equipment for which the
Award is made.
9. EFFECTIVE DATE OF
REPRESENTATIONS AND WARRANTIES.
The warranties and representations of Section 8
are made as of the Award Date set forth on
page one (1) of this Contract and shall be
deemed to be renewed and restated by the
Business at the time each request for
disbursement of funds is submitted to the
Grantor.
10. COVENANTS OF BUSINESS. The
Business covenants that:
a. Repayment Obligations. Upon (1) the
occurrence of an unremedied Event of Default
as described in Section 11, or (ii) a
determination by HUD or IDED that the Award
was granted to the Business in contravention of
Contract #EBRAP009 A-4
the federal and state rules and regulations for
the Program, the Business agrees to
immediately repay such amounts determined by
the Grantor or IDED as due and payable.
b. Required Reports. For the duration of this
Contract the Business shall provide the Grantor
with such reports as requested by the Grantor to
assist in evaluation of the Program's
effectiveness and to determine compliance with
this Contract. Business shall promptly comply
with all such requests.
c. Disbursement Requests. Business shall
prepare, sign and submit disbursement requests
as specified in this Contract in the form and
content required by Grantor. Business shall
review all disbursement requests and verify that
claimed expenditures are allowable costs.
Business shall maintain documentation
adequate to support the claimed costs.
d. Inspection and Audit. Business shall permit
the Grantor and its duly authorized
representatives, HUD, IDED or other state and
federal agencies and their duly authorized
representatives to visit and inspect any of the
Business's properties, books and financial
records related to the purposes of the Award, to
examine and make copies of the books of
accounts and other financial records, and to
discuss the affairs, finances and accounts with,
and to be advised as to the same by, its officers
and independent public accountants (and by this
provision Business authorizes such accountants
to discuss with the Grantor and the Grantor's
duly authorized representatives the finances and
affairs of the Business) at such reasonable times
and reasonable intervals as the Grantor may
designate. Routine inspections and audits
performed by Grantor will be at Grantor's
expense. In the event any special audits are
conducted at Grantor's request, the cost of such
special audits will be at Business's expense.
e. Duplication of Benefits. The Business shall
promptly notify the Grantor of the receipt of any
funds received by the Business from any source
whatsoever for the same purpose as the
purpose of the Award pursuant to this Contract.
f. Compliance with Laws. Business will comply
in all material respects with the requirements of
all federal, state and local laws, rules,
regulations and orders including, but not limited
to, prevention of discrimination in employment,
equal employment opportunity and affirmative
action, worker rights and worker safety,
including but not limited to those laws listed in
Exhibit C attached hereto, and IDED's
administrative rules and guidelines for the
Disaster Recovery Expanded Business Rental
Assistance Program, as such laws, rules,
regulations, orders, administrative rules and
guidelines may be amended from time to time.
g. Compliance with Terms of Recipient
Contract. Business acknowledges that it has
read and understood the provisions of the
Recipient Contract. Business shall comply with
any and all terms of the Recipient Contract that
either expressly or by implication apply to
Business as a subrecipient under the Recipient
Contract.
h. Use of Award Funds. Business shall use
Award funds extended under this Contract solely
for the purposes set forth in this Contract.
i. Notice of Proceedings. Business shall
promptly notify the Grantor of the initiation of any
claims, lawsuits, or other proceedings brought
against Business which would adversely impact
the purposes of the Award
j. Accounting Records. Business shall
maintain its books, records and all other
evidence pertaining to this Contract in
accordance with generally accepted accounting
principles and such other procedures specified
by Grantor. These records shall be available to
HUD, the Grantor, its internal or external
auditors, the Auditor of the State of Iowa, the
Attorney General of the State of Iowa, IDED and
the Iowa Division of Criminal Investigations at all
times during the Contract duration and any
extensions thereof, and for five (5) full years
from the date this Contract is closed out by
Grantor or longer in the event that litigation,
audit or claims are commenced or instituted, in
which case Business shall retain the records
until the litigation, audit or claim has been fully
resolved in the sole discretion of the Grantor.
k. Indemnification. Business shall indemnify,
defend and hold harmless the Grantor, IDED
and their respective departments, divisions,
agencies, sections, commissions, officers,
employees and agents, from and against all
losses, liabilities, penalties, fines, damages and
claims (including taxes), and all related costs
and expenses (including reasonable attorneys'
fees and disbursements and costs of
investigation, litigation, settlement, judgments,
interest and penalties), arising from or in
connection with any of the following: (i) any
claim, demand, action, citation or legal
proceeding arising out of or resulting from the
Project; (ii) any claim, demand, action, citation or
legal proceeding arising out of or resulting from
Contract #EBRAP009 A-5
a breach by Business of any representation or
warranty made by the Business in this Contract;
(111) any claim, demand, action, citation or legal
proceeding which results from an act or
omission of Business or any of its agents in its
or their capacity as an employer of a person;
and (iv) any claim, demand, action, citation or
legal or administrative proceeding arising out of
or resulting from Business's breach of the terms
and covenants set forth herein, including but not
limited to claims made against Grantor by IDED
and claims relating to Grantor's inability to
comply with agreements with IDED as a result of
Business's breach of the terms and covenants of
this Contract.
I. Conflict of Interest. (i) General. No persons
identified in paragraph (ii) below who exercise or
have exercised any administrative functions or
responsibilities with respect to Community
Development Block Grant ("CDBG") assisted
activities, including the Award funds under this
Contract, or who are in a position to participate
in a decision-making process or gain inside
information with regard to such activities, may
obtain a personal or financial interest or benefit
from a CDBG-assisted activity, or have an
interest in any contract, subcontract or
agreement with respect thereto, or the proceeds
thereunder, either for themselves or those with
whom such person has a family or business
relationship, during their tenure and for one year
thereafter. (ii) Persons covered. The conflict of
interest provisions described in paragraph (i) of
this subsection apply to any person who is an
employee, agent, consultant, officer or elected
or appointed official of IDED, the Grantor or the
Business as a sub -recipient of CDBG funds in
the form of the Award funds under this Contract.
11. EVENTS OF DEFAULT. Any one or more of
the following shall constitute an event of default
(an "Event of Default") hereunder:
a. Noncompliance with Contract. Default in
the observance or performance of any provision
of this Contract; or
b. Material Misrepresentation. Any
representation or warranty made by the
Business in this Contract or in any statement or
certificate fumished by it pursuant to this
Contract, or in connection with any of the above,
proves untrue in any material manner as
determined in the sole discretion of the Grantor.
12. REMEDIES UPON DEFAULT. If, after
notice of default and opportunity to cure as
provided in Section 13, there is an unremedied
Event of Default, the Grantor may, at its sole
discretion, take any or all of the following
actions:
a. Terminate this Contract and all of the
obligations of Grantor under this Contract on the
date stated in such notice, and/or
b. Suspend pending disbursements and
terminate further disbursements of Award funds,
and/or
c. Require repayment of funds not used in
compliance with this Contract, and/or
d. Declare the total amount of Award funds
disbursed to Business, or any portion thereof in
an amount determined in the sole discretion of
the Grantor to be forthwith due and payable,
including any and all fees, charges and other
amounts payable under this Contract. The total
amount due shall be and become immediately
due and payable without further demand,
presentment, protest or notice of any kind.
13. NOTICE AND OPPORTUNITY TO CURE.
The Business shall give the Grantor notice of
any Event of Default of which Business
becomes aware. If Grantor receives such notice
or has reasonable cause to believe that an
Event of Default has occurred under this
Contract, the Grantor shall issue a written Notice
of Default to the Business, setting forth the
nature of the alleged default in reasonable
specificity, and providing therein a reasonable
period of time, which shall not be fewer than
twenty (20) days from the date of the Notice of
Default, in which the Business shall have an
opportunity to cure, provided that cure is
possible and feasible.
14. EXPENSES. Business agrees to pay to the
Grantor all expenses reasonably incurred or
paid by Grantor including reasonable attomeys'
fees and court costs, in connection with any
Default or Event of Default by the Business or in
connection with the enforcement of any of the
terms of this Contract.
15. TIMELY PERFORMANCE. The parties
hereto agree that the dates and time periods
specified in this Contract are of the essence to
the satisfactory performance of this Contract.
16. CHOICE OF LAW AND FORUM.
In the event any proceeding of a quasi-judicial or
judicial nature is commenced in connection with
this Contract, the proceeding shall be brought in
Des Moines, Iowa, in Polk County District Court
for the State of Iowa, or in Waterloo, Iowa, in the
Black Hawk County District Court, if such court
has jurisdiction. If however, such court lacks
jurisdiction and jurisdiction lies only in a United
Contract #EBRAP009 A-6
States District Court, the matter shall be
commenced in the United States District Court
for the Southem District of Iowa, Central
Division, or in the United States District Court for
the Northem District of Iowa. This provision
shall not be construed as waiving any immunity
to suit or liability, in state or federal court, which
may be available to the Grantor or its officers,
employees or agents. The parties hereto waive
any consent to such jurisdiction and venue of
any such court as provided in this section and
hereby waive any argument that venue in such
forums is not convenient.
17. GOVERNING LAW. This Contract and the
rights and duties of the parties hereto shall be
governed by, and construed in accordance with
the intemal laws of the State of Iowa without
regard to principles of conflicts of laws.
18. CONTRACT AMENDMENTS. The Contract
may only be amended if done so in writing and
signed by the Business and the Grantor.
19. NOTICES. All notices hereunder shall be in
writing and shall be given to the relevant party at
its address, or e-mail address as set forth on the
first page of this Contract. Each such notice,
request or other communication shall be
effective (i) if given by facsimile, when such
facsimile is transmitted to the facsimile number
specified and a confirmation of such facsimile
has been received by the sender, (ii) if given by
e-mail, when such e-mail is transmitted to the e-
mail address specified and a confirmation of
such e-mail has been received by the sender,
(iii) if given by mail, five (5) days after such
communication is deposited in the mail, certified
or registered with retum receipt requested,
addressed as aforesaid, or (iv) if given by any
other means, when delivered at the addresses
specified.
20. HEADINGS. Section headings used in this
Contract are for convenience of reference only
and are not a part of this Contract for any other
purpose.
21. FINAL AUTHORITY. The Grantor shall
have the authority to reasonably assess whether
Business has complied with the terms of this
Contract.
22. WAIVERS. No waiver by the Grantor of any
default hereunder shall operate as a waiver of
any other default or of the same default on any
future occasion. No delay on the part of the
Grantor in exercising any right or remedy
hereunder shall operate as a waiver thereof. No
single or partial exercise of any right or remedy
by Grantor shall preclude future exercise thereof
or the exercise of any other right or remedy.
23. COUNTERPARTS. This Contract may be
executed in any number of counterparts, each of
which shall be deemed to be an original, but all
of which together shall constitute but one and
the same instrument.
24. SURVIVAL OF REPRESENTATIONS. All
representations and warranties made herein or
in any other Contract document or in certificates
given pursuant hereto or thereto shall survive
the execution and delivery of this Contract and
the other Contract documents and shall continue
in full force and effect with respect to the date as
of which they were made until all of Business's
obligations or liabilities under this Contract have
been satisfied.
25. SEVERABILITY OF PROVISIONS. Any
provision of this Contract which is unenforceable
in any jurisdiction, shall, as to such jurisdiction,
be ineffective to the extent of such
unenforceability without invalidating the
remaining provisions hereof or affecting the
validity or enforceability of such provision in any
other jurisdiction. All rights, remedies and
powers provided in this Contract or any other
Contract document may be exercised only to the
extent that the exercise thereof does not violate
any applicable mandatory provisions of law, and
all the provisions of this Contract and any other
Contract document are intended to be subject to
all applicable mandatory provisions of law which
may be controlling and to be limited to the extent
necessary so that they will not render this
Contract or any other Contract document invalid
or unenforceable.
26. NONASSIGNMENT. This Contract may not
be assigned by Business without prior written
consent of the Grantor.
27. TERMINATION. (a) This Contract may be
terminated in the following circumstances:
(i). By the Grantor as a result of the Grantor's
determination of an Event of Default which
remains uncured after any notice and cure
period provided pursuant to this Contract;
Contract #EBRAP009 A-7
(ii). By the Grantor as a result of the
termination or reduction of funding to the
Grantor, or a unilateral modification made by
IDED to the agreement between the Grantor and
IDED pursuant to which the Award funds are
provided or any other event or circumstance
beyond the control of the Grantor that may
cause the Grantor to terminate this Contract, as
determined in the sole discretion of the Grantor;
(iii). Upon written mutual agreement of the
Grantor and Business.
(b) Upon termination of this Contract as
provided in this section, no further disbursement
of funds shall be made under this Contract to
Business. In the event of termination of this
Contract due to the occurrence and continuance
of an Event of Default beyond any applicable
notice and cure periods, the remedies provided
in this Contract for such Event of Default shall
apply.
28. ORDER OF PRIORITY. In the case of any
inconsistency or conflict between provisions of
this Contract and its Exhibits, the following order
of priority shall control:
a. The terms and conditions of the Award as
outlined on Page 1 of this Contract.
b. Exhibit A —Disaster Recovery Expanded
Business Rental Assistance Program
General Provisions (Jui y 2011).
c. Exhibit B- Business's Disaster Recovery
Business Assistance Program Application.
d. Exhibit C — List of Applicable Federal Laws.
29. INTEGRATION. The Contract and all
exhibits attached thereto contain the entire
understanding between the Business and the
Grantor relating to this Award under the
Program and any representations that may have
been made before or after the signing of this
Contract 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 Contract.
EXHIBIT B
BUSINESS'S DISASTER RECOVERY BUSINESS ASSISTANCE PROGRAMS
APPLICATION
8
EXHIBIT C
LIST OF APPLICABLE FEDERAL LAWS
Certain statutes are expressly made applicable to use of the Award by Business under the Act
by the Act itself, while other laws not referred to in the Act may be applicable to such activities
by their own terms. The statutes include but are not limited to (each as may be subject to
modifications applicable to the Award as set forth in the Recipient Contract):
(i) Financial Management guidelines issued by the U.S. Office of Management and Budget,
OMB Circular A-133 ("Single Audit Act Amendment of 1996"), OMB Circular A-122 ("Cost
Principles for Nonprofit Organizations"), OMB Circular A-87 ("Principles for Determining Costs
Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal
Govemments").
(ii) Title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C.
5301 et seq.); and regulations which implement these laws.
(iii) Title VI of the Civil Rights Act of 1964 as amended (Public Law 88-352; 42 U.S.C. 2000d
et seq.); Title VIII of the Civil Rights Act of 1968 as amended (Public Law 90-284; 42 U.S.C.
3601 et seq.); the Iowa Civil Rights Act of 1965; Chapter 19B.7, 2003 Code of Iowa, and Iowa
Executive Order #34, dated July 22, 1988; Iowa Code Chapter 216, Presidential Executive
Order 11063, as amended by Executive Order 12259; Presidential Executive Order 11246, as
amended; Section 504 of the Vocational Rehabilitation Act of 1973 as amended (29 U.S.C.
794); the Age Discrimination Act of 1975 as amended (42 U.S.C. 6101 et seq.); the Americans
with Disabilities Act, as applicable, (P. L. 101-336, 42 U.S.C. 12101-12213); and related Civil
Rights and Equal Opportunity statutes; and regulations which implement these laws.
(iv) Fair Housing Act, Public Law 90-284. The Public Fair Housing Act is part of Title VIII of
the Civil Rights Act of 1968 as amended (42 U.S.C. 3601 et seq.); Section 109 of the Title I of
the Housing and Community Development Act of 1974, as amended; Section 3 of the Housing
and Urban Development Act of 1968 as amended (12 U.S.C. 1701u); and regulations which
implement these laws.
(v) Department of Housing and Urban Development regulations goveming the CDBG
program, 24 Code of Federal Regulations, Part 570.
(vi) Section 102 of the Department of Housing and Urban Development Reform Act of 1989
(Pl. 101-235), and implementing regulations.
(vii) Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821 - 4846), as amended, and
implementing regulations.
(viii) Davis -Bacon Act, as amended (40 U.S.C. 276a - 276a-5), where applicable under
Section 110 of the Housing and Community Development Act of 1974, as amended; Contract
Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.); the Copeland Anti -Kickback Act
(18 U.S.C. 874); and regulations which implement these laws.
(ix) National Environmental Policy Act of 1969 and implementing regulations.
(x) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
C-1
amended, (URA)(42 U.S.C. 4601 - 4655) and implementing regulations; Section 104(d) of the
Housing and Community Development Act of 1974, as amended, governing the residential
antidisplacement and relocation assistance plan; Section 105(a)(11) of the Housing and
Community Development Act of 1974, as amended, goveming optional relocation assistance.
(xi) Administrative rules adopted by the Iowa Department of Economic Development, 261
Iowa Administrative Code, Chapter 23.
(xii) Financial and Program Management guidelines issued by the Iowa Department of
Economic Development; the Iowa CDBG Management Guide; and the IDED Audit Guide.
(xiii) Government -wide Restriction on Lobbying Certification [Section 319 of Public Law 101-
121] and implementing regulations.
(xiv) Fair Labor Standards Act and implementing regulations.
(xv) Hatch Act (regarding political partisan activity and Federally funded activities) and
implementing regulations.
(xvi) Citizen participation, hearing and access to information requirements found under
sections 104(a)(2) and 104(a)(3) of Title I of the Housing and Community Development Act of
1974, as amended.
(xvii) Subsection 104(1) of Title 1 of the Housing and Community Development Act of 1974, as
amended, regarding the prohibition of the use of excessive force in nonviolent civil rights
demonstrations and the enforcement of state and local laws on barring entrance to or exit from
facilities subject to such demonstrations.
(xviii) Drug -Free Workplace Act.
Contract #EBRAP009 A-2