HomeMy WebLinkAboutRiver Plaza Athletic Club-8/8/2011The Parties
Business Disaster Recovery Flood Insurance Reimbursement
Program Contract
CONTRACT #
FIRP005
COMPLETION DATE:
December 31, 2010
ADMINISTRATIVE ENTITY: 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: River Plaza Athletic Club
10 W 4th Street
Waterloo, Iowa 50701
CONTACT PERSON: Vern Nelson
Email: vem3@blacksbuilding.com
Phone: 319-961-7407
Fax:
GRANT AMOUNT:
$7,474
■
PROJECT DESCRIPTION:
This Grant is provided by the Administrative Entity
to the Business to reimburse the Business for the
purchase of a Flood Insurance Policy as provided
in Exhibit A attached hereto and as described in its
Application. Funds shall be used by the Business
for reimbursement for one or more Flood
Insurance Policies purchased by the Business and
with a term beginning on or after January 1, 2010
and on or before December 31, 2010.
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- Business
Disaster Recovery Flood Insurance Reimbursement Program General Provisions �3�i dog I ), (2)
Exhibit B- Business's Application for Business Disaster Recovery Flood Insurance Reimbursement
Program Assistance and all attachments or exhibits thereto, and (3) Exhibit C — List of Applicable
Federal Laws. The Parties have entered into this Contract, effective as of the last date stated below (the
"Contract Effective Date").
FO 6 E ADMINIST TIVE ENTITY: FOR THE BUSINESS:
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EXHIBIT A
DISASTER RECOVERY FLOOD INSURANCE REIMBURSEMENT PROGRAM
GENERAL PROVISIONS ( i)
1. CONTRACT DURATION This Contract is
effective as of the Contract Effective Date stated
on Page 1 and shall remain in effect through the
term of the Flood Insurance Policy for which the
Award is made and until the Administrative
Entity 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. "Administrative Entity" means the city or
county whose name is set forth on the first page
of this Contract under the heading
"Administrative Entity".
c. "Application" means the application of the
Business for assistance pursuant to the Program
and all attachments thereto, attached hereto as
Exhibit B.
d. Award" means the amount set forth and
described as "Grant Amount' on the first page of
this Contract, which award shall be equal to the
premium on a flood insurance policy that meets
the requirements set forth in Section 5 and that
insures a part of all of the assets of the
Business, up to a maximum award of $30,000.
e. "Business" means the business whose
name is set forth on the first page of this
Contract under the heading "Business".
f. "Contract" means the Business Disaster
Recovery Flood Insurance Reimbursement
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
tomados 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.
Contract #FIRP005 2
i. "500 -Year Floodplain" means an area
designated by the Federal Emergency
Management Agency as having at least a 0.2%
chance of flooding on an annual basis.
j. "Flood Insurance Policy" means a policy of
insurance which covers damage due to flooding
and may include sewer/drain backup and
business interruption coverage.
k. "HUD" means the U.S. Department of
Housing and Urban Development.
I. "IDED" means the Iowa Department of
Economic Development, an agency of the State
of Iowa.
m. "100 -Year Floodplain" means an area
designated as a "special flood hazard area" on
the most recent National Flood Insurance
Program map for such area or an area
designated by the Federal Emergency
Management Agency as having at least a 1.0%
chance of flooding on an annual basis.
n. "Program" means the Business Disaster
Recovery Flood Insurance Reimbursement
Program administered by IDED as part of the
grant to the State of Iowa under the HUD
Community Development Block Grant program.
o. "Recipient Contract" means the
Contract No. 08 -DRB -205
between IDED and the Administrative Entity
dated August 18, 2009, pursuant to which the
Administrative Agency received the funds for the
Award.
3. FUNDING. The source of funding for this
Contract is a grant from IDED to the
Administrative Entity for financial assistance to
businesses in the form of reimbursement for the
cost of one or more Flood Insurance Policies.
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 Administrative
Entity's control may, in the sole discretion of the
Administrative Entity, 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
Administrative Entity determines Business
received without fulfillment of Business's
obligations under this Contract, plus applicable
costs described in Section 13, all as further
provided herein.
5. CONDITIONS TO DISBURSEMENT OF
FUNDS; DISBURSEMENT TERMS.
Disbursements of a portion or all of the Award
will be made upon receipt by the Administrative
Entity of a request for disbursement by the
Business, which shall contain documentation of
costs as requested by the Administrative Entity,
including but not limited to evidence that the
Business purchased a Flood Insurance Policy
having a term beginning on or after January
1,2010 and on or before December 31, 2010.
The Business shall submit to Administrative
Entity such supporting evidence as may be
reasonable requested by the Administrative
Entity to substantiate all payments. No
reimbursement shall be made for any such
premiums paid prior to January 1, 2010.
6. [Reserved]
7. BUSINESS'S REPRESENTATIONS AND
WARRANTIES. Business represents and
warrants to Administrative Entity 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 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 enforceable against it in
accordance with their terms. Business has
secured all necessary authorizations and
approvals with any governmental, regulatory or
governing board that may be necessary to
permit Business to execute this Contract and
comply with its terms.
c. Govemmenta/ Approvals, Permits and
Licenses. To the best of its knowledge,
information, and belief after reasonable due
diligence and investigation to determine the
Contract #FIRP005 3
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 governmental 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. Application. All statements of the Business
contained in its Application, attached hereto as
Exhibit B, including any attachments thereto
(including but not limited to the Consent and
Release Form, the Subrogation Agreement and
the Duplication of Benefits Affidavit attached
thereto), are true and correct as of the date
hereof.
g. Location of Business. Either (i) one or more
of the buildings in which the Business is located
suffered damage from water involving either
overland flow or sewer backup as a result of the
Disaster Event; or (ii) one or more of the
buildings in which the Business is located are
situated in either a 100 -Year Floodplain or a
500 -Year Floodplain.
h. No Residences. The Business is not
located in the residence of the owner of the
Business.
i. Term of Flood Insurance Policy. The term of
the Flood Insurance Policy for which the
Business is seeking reimbursement pursuant to
this Contract began on or after January 1, 2010
and on or before December 31, 2010.
j. Duplication of Benefits. The Business has
not received funds from any other source for the
purpose of reimbursing the Business for the
costs of any Flood Insurance Policy for which
the Business receives reimbursement pursuant
to this Contact.
8. EFFECTIVE DATE OF
REPRESENTATIONS AND WARRANTIES.
The warranties and representations of Section 7
are made as of the Date set forth on page one
(1) of this Contract and shall be deemed to be
ongoing representations during the term of this
Contract.
9. COVENANTS OF BUSINESS. The Business
covenants that:
a. Performance Obligations. Business shall
comply with all other terms of this Contract.
Business shall promptly provide Administrative
Entity with written notice of any major changes
that would impact compliance with the
covenants contained herein.
b. Repayment Obligations. Upon (i) the
occurrence of an unremedied Event of Default
as described in Section 10, or (ii) a
determination by IDED or HUD that the Award
was granted to the Business in contravention of
the federal and state rules and regulations for
the Program, the Business agrees to
immediately repay such amounts determined by
IDED or the Administrative Entity to be due and
payable.
c. Required Reports. For the duration of this
Contract the Business shall provide the
Administrative Entity with such reports as
requested by the Administrative Entity to assist
in evaluation of the Program's effectiveness and
to determine compliance with this Contract.
Business shall promptly comply with all such
requests.
d. Disbursement Requests. Business shall
prepare, sign and submit disbursement requests
as specified in this Contract in the form and
content required by Administrative Entity.
Business shall review all disbursement requests
and verify that claimed expenditures are
allowable costs. Business shall maintain
documentation adequate to support the claimed
costs.
e. Termination of Flood Insurance Policy. In
the event the Flood Insurance Policy is
terminated prior to the end of its term for any
reason, the Business shall notify the
Administrative Entity of such early termination.
f. Duplication of Benefits. The Business shall
promptly notify the Administrative Entity of the
receipt of any funds received by the Business
from any source whatsoever for the same
Contract #FIRP005 4
purpose as the purpose of the Award pursuant
to this Contract.
g. Inspection and Audit. Business shall permit
the Administrative Entity 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 Administrative Entity and the
Administrative Entity's duly authorized
representatives the finances and affairs of the
Business) at such reasonable time and
reasonable intervals as the Administrative Entity
may designate. Routine inspections and audits
performed by Administrative Entity will be at the
Administrative Entity's expense. In the event
any special audits are conducted at
Administrative Entity's request, the cost of such
special audits will be at Business's expense.
h. 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 the Iowa
Department of Economic Developments
administrative rules for the Business Disaster
Recovery Flood Insurance Reimbursement
Program (261 IAC - Chapter 79), as such laws,
rules, regulations, order and administrative rules
may be amended from time to time.
i. 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.
j. Use of Award Funds. Business shall use
Award funds extended under this Contract solely
for the purposes set forth in this Contract.
k. Notice of Proceedings. Business shall
promptly notify the Administrative Entity of the
initiation of any claims, lawsuits, or other
proceedings brought against Business which
would adversely impact the purposes of the
Award.
I. 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 Administrative Entity. These records shall be
available to HUD, the Administrative Entity, its
internal or external auditors, the Auditor of the
State of Iowa, the Attorney General of the State
of Iowa, the Iowa Department of Economic
Development 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 this Contract is closed out by
the Administrative Entity 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
Administrative Entity.
m. Indemnification. Business shall indemnify,
defend and hold harmless the Administrative
Entity, 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
Award; (11) any claim, demand, action, citation or
legal proceeding arising out of or resulting from
a breach by Business of any representation or
warranty made by the Business in this Contract;
(iii) any claim, demand, action, citation or legal
proceeding which results from an act or
omission of Business or any of their 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' breach of the terms
and covenants set forth herein, including but not
limited to claims made against the
Administrative Entity by IDED and claims
relating to the Administrative Entity's inability to
comply with agreements with IDED as a result of
Business' breach of the terms and covenants of
this Contract..
Contract #FIRP005 5
n. 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 Administrative
Entity or the Business as a sub -recipient of
CDBG funds in the form of the Award funds
under this Contract.
10. 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 furnished 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
Administrative Entity.
11. REMEDIES UPON DEFAULT. If, after
notice of default and opportunity to cure as
provided in Section 12, there is an unremedied
Event of Default, the Administrative Entity may,
at its sole discretion, take any or all of the
following actions:
a. Terminate this Contract and all of the
obligations of the Administrative Entity 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 Administrative Entity 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.
12. NOTICE AND OPPORTUNITY TO CURE.
The Business shall give the Administrative Entity
notice of any Event of Default of which Business
becomes aware. If Administrative Entity
receives such notice or has reasonable cause to
believe that an Event of Default has occurred
under this Contract , the Administrative Entity
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 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.
13. EXPENSES. Business agrees to pay to the
Administrative Entity all expenses reasonably
incurred or paid by Administrative Entity
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.
14. 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.
15. CHOICE OF LAW AND FORUM.
In the event any proceeding of a 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, if such court has jurisdiction. If
however, such court lacks jurisdiction and
jurisdiction lies only in a United States District
Court, the matter shall be commenced in the
United States District Court for the Southem
District of Iowa, Central Division. 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 Administrative Entity, 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
Contract #FIRP005 6
section and hereby waive any argument that
venue in such forums is not convenient.
16. GOVERNING LAW. This Contract and the
rights and duties of the parties hereto shall be
governed by, and construed in accordance with
the internal laws of the State of Iowa without
regard to principles of conflicts of laws.
17. CONTRACT AMENDMENTS. The Contract
may only be amended if done so in writing and
signed by the Business and the Administrative
Entity.
18. 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.
19. 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.
20. FINAL AUTHORITY. The Administrative
Entity shall have the authority to reasonably
assess whether Business has complied with the
terms of this Contract.
21. WAIVERS. No waiver by the Administrative
Entity 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 Administrative Entity in exercising any
right or remedy hereunder shall operate as a
waiver thereof. No single or partial exercise of
any right or remedy by Administrative Entity
shall preclude future exercise thereof or the
exercise of any other right or remedy.
22. 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.
23. 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.
24. 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.
25. NONASSIGNMENT. This Contract may not
be assigned by Business without prior written
consent of the Administrative Entity.
26. TERMINATION. (a) This Contract may be
terminated in the following circumstances:
(i). By the Administrative Entity as a result of
the Administrative Entity's determination of an
Event of Default which remains uncured after
any notice and cure period provided pursuant to
this Contract;
(ii). By the Administrative Entity as a result of
the termination or reduction of funding to the
Administrative Entity, or a unilateral modification
made by IDED to the agreement between the
Administrative Entity and IDED pursuant to
which the Award funds are provided or any other
event or circumstance beyond the control of the
Administrative Entity that may cause the
Administrative Entity to terminate this Contract,
Contract #FIRP005 7
as determined in the sole discretion of the
Administrative Entity
(iii). upon written mutual, written agreement of
the Administrative Entity 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.
27. 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 Flood
Insurance Reimbursement Program General
Provisions (.wly AA( ).
c. Exhibit B -Business's Disaster Recovery
Business Assistance Program Application.
d. Exhibit C — List of Applicable Federal Laws.
28. AMENDMENT AND RESTATEMENT OF
CONTRACT. The Business and the
Administrative Entity previously entered into that
certain Business Disaster Recovery Flood
Insurance Reimbursement Program Contract
dated as of July 26, 2010 (the "Original
Contract"). This Contract amends and restates
the Original Contract in its entirety, and is
executed in substitution of the Original Contract
which shall have no further force and effect.
29. INTEGRATION. This Contract and all
exhibits attached thereto contains the entire
understanding between the Business and the
Administrative Entity 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
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 governing 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
(P.L. 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 I 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 #FIRP005 C-2