HomeMy WebLinkAboutIowa Department of Economic Development-1/11/2010IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
DISASTER RECOVERY INFRASTRUCTURE CONTRACT
CDBG CONTRACT NUMBER: 08 -DRI -078
El+'PECTIVE DATE: November 4, 2009
AWARD AMOUNT: $3,941,250.
END DATE: May 31, 2011
THIS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ("CDBG") DISASTER RECOVERY CONTRACT is
made by and between the IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, 200 East Grand Avenue, Des Moines, Iowa
50309 ("Department" or "IDED") and the City of Waterloo ("Recipient"), effective as of the date stated above.
WHEREAS, the Department is designated to receive, administer, and disburse CDBG funds; and
WHEREAS, the Department received funds under the Supplemental Appropriations Act of 2008 (Public Law 110-252)
and the Consolidated Appropriations Act, 2009 (Public Law 110-329) under the CDBG program; and
WHEREAS, the Department desires to disburse grant funds to the Recipient for eligible purposes primarily benefiting
low and moderate income persons, eliminating slums and blight, or meeting community development needs having particular
urgency; and
WHEREAS, the Recipient submitted an application for funding to the Department and the Department has approved the
application; and
WHEREAS, in approving the application the Department has relied upon the representations of proposed Project
activities; management and financial condition of the Recipient; investment of other Project funds; and other material information
contained therein; and
WHEREAS, the Recipient has certified to the Department that the primary purpose for obtaining CDBG funds is to
primarily benefit low and moderate income persons, eliminate slums and blight, or meet community development needs having a
particular urgency;
NOW, THEREFORE, the Recipient accepts this grant upon the terms and conditions set forth in this Contract. In
consideration of the mutual promises contained in this Contract and other good and valuable consideration, it is agreed as follows:
ARTICLE 1
DEFINITIONS
As used in this Contract, the following terms shall apply:
1.1 ' ACT. "Act" means Title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. 5301 et seq.) and the
regulations now or hereafter promulgated thereunder and the guidance now or hereafter disseminated with respect thereto.
1.2 ACTIVITY. "Activity" is a discrete item of work as determined to be eligible under 24 CFR Part 570.482. Activities are line
items in the budget and have specific performance targets.
1.3 ALLOWABLE COSTS. "Allowable Costs" are those costs which are identified on Attachment A, Program Description and
Budget; Attachment B, Application; and consistent with Federal regulations and the Program Rules.
1.4 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG). "Community Development Block Grant Program"
means the grant program authorized by Title I of the Housing and Community Development Act of 1974, as amended.
1.5 CONSOLIDATED APPROPRIATIONS ACT. "Consolidated Appropriations Act" means the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act of 2009 (Pub.L. 110-329).
1.6 CONTRACT EXPIRATION DATE. "Contract Expiration Date" means the date the Contract ceases to be in force and effect.
The Contract expires upon the occurrence of one of the following: a) the Recipient fulfills the conditions and Project activities agreed to
Contract Number 08 -DRI -078
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herein as of the end date stated above; or b) the Contract is terminated by the Department due to any default under Article 9.1; or c) the
Contract is terminated in accordance with provisions set forth in Sections 8 and 9 of the General Provisions, Attachment C of this Contract.
1.7 CONTRACT. "Contract" means this Contract and all of the notes, leases, assignments, mortgages, and similar documents referred
to in the Contract and all other instruments or documents executed by the Recipient or otherwise required in connection with the Contract,
including the CDBG grant application together with any related submittal documents.
1.8 GRANT. "Grant" means the award of CDBG funds to the Recipient for Project activities.
1.9 HUD. "HUD" means the U.S. Department of Housing and Urban Development.
1.10 LOW- AND MODERATE -INCOME FAMILIES. "Low- and Moderate -Income Families" means those families earning no
more than 80 percent of the higher of the median family income of the county or the statewide nonmetropolitan area as determined by the
latest U.S. Department of Housing and Urban Development, Section 8 income guidelines. Unrelated individuals living together shall be
considered as one-person families for this purpose.
1.11 LOW- AND MODERATE -INCOME PERSONS. "Low and Moderate Income Person" means a member of a low- and
moderate -income family as defined above.
1.12 PROGRAM. "Program" means the Community Development Block Program for Disaster Recovery authorized pursuant to the
Program Rules.
1.13 PROGRAM INCOME. "Program Income" shall have the meaning for such term set forth in 24 CFR 570.500(a), as modified by
the Program Rules.
1.14 PROGRAM RULES. "Program Rules" means the Act, as modified by the Supplemental Appropriations Act and the Consolidated
Appropriations Act, and the regulations now or hereafter promulgated thereunder and the guidance now or hereafter disseminated with
respect thereto including but not limited to HUD Notices published in the Federal Register on September 11, 2008, December 19, 2008,
February 13, 2009 and August 14, 2009, and any additional HUD Notices or other guidance that may be disseminated.
1.15 PROJECT. "Project" means the totality of work, services, and activities to be performed or accomplished by the Recipient as
described in this Contract and the CDBG application approved by the Department.
1.16 SUPPLEMENTAL APPROPRIATIONS ACT. "Supplemental Appropriations Act" means the Supplemental Appropriations
Act of 2008 (Pub. L. 110-252).
ARTICLE 2
FUNDING
2.1 FUNDING SOURCE. The source of funding for the Grant is a Federal appropriation for the Program.
2.2 RECEIPT OF FUNDS. All payments under this Contract are subject to receipt by the Department of sufficient Federal funds for
the CDBG program. Any termination, reduction or delay of CDBG funds to the Department shall, at the option of the Department, result in
the termination, reduction or delay of CDBG funds to the Recipient.
2.3 PRIOR COSTS. If any Recipient has received written approval from the Department to incur certain costs prior to the Effective
Date of this Contract, then said written approval and the terms and conditions therein are incorporated herein and made a part of this Contract
by this reference as if fully set forth; provided, however, that no such costs incurred prior to May 27, 2008 shall be reimbursed. Any such
costs incurred prior to the Effective Date of this Contract are subject to the Special Conditions and General Conditions of this Contract.
2.4 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT. If the total award amount has not been requested by
the Recipient within ninety (90) days after the Contract Expiration Date, then the Department shall be under no obligation for further
disbursement. The Department may allow access to funds after this time for allowable costs associated with the conduct of the audits
required in Article 2.0 of the General Provisions, Attachment C to this Contract.
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ARTICLE 3
TERMS OF GRANT
3.1 TIME OF PERFORMANCE. The services of the Recipient are to commence as of the Effective Date and shall be undertaken in
such a manner as to assure their timely and expeditious completion. All of the services required hereunder shall be completed on or before
the End Date.
3.2 MAXIMUM PAYMENTS. It is expressly understood and agreed that the maximum amounts to be paid to the Recipient by the
Department for any item of work or service shall conform to the budget as presented in Attachment A, "Program Description and Budget." It
is further understood and agreed that the total of all payments to the Recipient by the Department for all work and services required under
this Contract shall not exceed the Award Amount unless modified by written amendment of this Contract as provided for in Section 1.0 of the
General Provisions, Attachment C of this Contract.
3.3 LOCAL EFFORT REQUIREMENTS. The Recipient agrees to provide local cash contribution to the Project as defined in the
"Local" column of the budget shown on Attachment A, "Program Description and Budget." Expenditures above this level, necessary to
complete the statement of work and services, shall be paid with local funds. Reports of the local funds expended shall be included in the
Request for Payment/Activity Status Report specified in Article 8.1(b), "Reports." The Department does not agree to allow a delay in the
contribution of local cash . When a delay is allowed, the delay shall be until the specified date or until two-thirds of the grant amount has
been drawn down, whichever come first, at which time no further Federal funds may be drawn down until sufficient local cash has been
expended to attain the ratio of Federal to local funds specified on the Attachment A.
3.4 ADMINISTRATION. This Contract shall be administered in accordance with 261 Iowa Administrative Code, Chapter 23 and all
applicable State and Federal laws and regulations, including the Iowa Community Development Block Grant Management Guide, which has
been distributed by IDED to the Recipient, to the extent applicable to the Program and not in conflict with the Program Rules.
ARTICLE 4
PERFORMANCE TARGET ACHIEVEMENT
4.1 PERFORMANCE TARGETS. By the Contract End Date, the Recipient shall have accomplished the activities and performance
targets as described in Attachment A, "Program Description and Budget," and as further elaborated in Attachment B, CDBG Disaster
Recovery Fund Application.
4.2 CALCULATION OF PROJECT COMPLETION. The Department has the final authority to assess whether the Recipient has
met their performance targets at the Contract End Date. The Department shall determine completion according to the performance targets set
forth in Attachment A, "Program Description and Budget." The Department reserves the right to monitor and measure at any time during
and after the Contract term the achievement of the performance targets.
ARTICLE 5
USE OF FUNDS
5.1 GENERAL. The Recipient shall perform in a satisfactory and proper manner, as determined by the Department, the work
activities and services as written and described in the approved grant proposal (Attachment B) as summarized in the Recipient's approved
Community Development Block Grant Program Description and Budget (Attachment A).
5.2 PROGRAM INCOME. Unless otherwise agreed to in a signed amendment to this Contract, proceeds generated from the use of
CDBG funds are considered program income when the total amount of any CDBG program income received by the Recipient in a fiscal year
exceeds $25,000, at which time the entire $25,000 and excess are considered program income. Prior to the Contract End Date, all program
income shall be expended prior to requesting additional CDBG funds. Program income received by the Recipient after the Contract End
Date shall be returned to the Department unless the Recipient has submitted, and the Department has approved, a re -use plan. Any CDBG
proceeds derived from an approved Revolving Loan Fund are considered program income, regardless of the amount received in any year.
5.3 BUDGET REVISIONS. Budget revisions, which would result in increases of budgeted line item amounts in excess of ten percent
(10%) or ten thousand dollars ($10,000), whichever is Less, shall be subject to prior approval of the Department through the contract
amendment process. Budget line item decreases which would lower the Recipient's performance level required under this Contract must also
be approved by the Department through the amendment process. Budget revisions shall be compatible with the terms of this Contract and of
such a nature as to qualify as an allowable cost. These provisions shall not be construed as allowing administrative costs to exceed the limits
provided in Article 5.7. Budget revisions requested during the final ninety (90) days of the Contract period will be approved by the
Department only if it determines that the revisions are necessary to complete Project activities.
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5.4 COST VARIATION.
(a) In the event that the total Project cost is less than the amount specified in the Agreement, Attachment A,
"Program Description and Budget," the CDBG participation shall be reduced at the same ratio to the total Project cost reduction as
the original ratio of the CDBG funds to the total Project costs. Any disbursed excess above the reduced CDBG participation
amount shall be returned immediately to the Department.
(b) In the event that the total Project cost is greater than the amount specified in the Attachment A, "Program
Description and Budget," the Department may, upon request, consider increasing the CDBG participation in the same ratio to the
total increase in Project cost as the original ratio of CDBG funds to the total Project costs. IDED's consideration of an increase in
the amount of CDBG funds awarded for a Project shall be subject to availability of funds, determination of reasonable and
allowable costs, and all other applicable program rules and other considerations in the sole discretion of IDED.
(c) The Recipient may request the Department to increase the CDBG participation to an amount that is higher than
the proportional ratio. The Department may permit such a higher increase if, in the Department's judgment, the Recipient has
demonstrated financial hardship.
5.5 PROHIBITION ON USE OF FUNDS. The funds provided under this Contract shall not be used for activities reimbursable by or
for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers. In addition, none of
the funds provided under this Contract with respect to the Consolidated Appropriations Act may be used as the required match, share or
contribution for any other federal program.
5.6 DUPLICATION OF BENEFITS. 42 U.S.C. 5155 provides that any federal agency administering any program providing
financial assistance to person, business concerns or other entities suffering losses as a result of a major disaster or emergency, shall assure
that no such person, business concern, or other entity will receive such assistance with respect to any part of such loss as to which it has
received financial assistance under any other federal program or from insurance or any other source (the "Duplication of Benefits Rules").
IDED will work with the Recipient to review projects undertaken pursuant to this Contract to assure compliance with the Duplication of
Benefits Rules as a condition to disbursing funds to the Recipient.
5.7 ADMINISTRATIVE COST LIMITATIONS. Federal funds used for reasonable administrative costs, as allowed under Federal
and State regulations, shall be limited to two percent (2%) of the total CDBG funds as specified in the Attachment A. Program income
received by the Recipient during the Contract period is subject to the two percent (2%) administrative cost limitation. Total administrative
costs (Federal) on the Project shall not exceed two percent (2%) of total Project Budget. Project delivery costs allocable to a Project site
including but not limited to acquisition and environmental review activities are not included in administrative costs for purposes of this
section.
5.8 DISASTER RECOVERY REQUIREMENT. Use of all funds pursuant to this Contract shall be for necessary expenses related
to disaster relief, long-term recovery and restoration of infrastructure, housing and economic revitalization in areas covered by the
declarations of major disaster under Title IV of the Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C., Section 5721 et Seq.)
designated Disaster No. 1763.
5.9 USE OF PROPERTY AFTER ACQUISITION. After property is acquired, the following requirements apply:
a. No funds under this Contract may be used to make a payment (including any loan assistance payment) to a person for
repair, replacement or restoration for damage to any personal, residential, or commercial property if that person at any time has
received federal flood disaster assistance that was conditional on the person first having obtained flood insurance under applicable
federal law and the person has subsequently failed to obtain and maintain flood insurance as required under applicable federal law
on such property.
b. The Recipient shall notify property owners receiving disaster assistance that triggers the flood insurance purchase
requirement set forth in subsection b of this section that such property owners have a statutory responsibility to notify any
transferee of the requirement to obtain and maintain flood insurance, and that the transferring owner may be liable if he or she fails
to do so. These duties include:
(i) In the event of a transfer of any property described in this section, the transferor shall, not later than the date on
which such transfer occurs, notify the transferee in writing of the requirements to (A) obtain flood insurance in
accordance with applicable federal law with respect to such property, if the property is not so insured as of the date on
which such property is transferred; and (B) maintain flood insurance in accordance with applicable federal law, which
written notification shall be contained in the deed or other document evidencing the transfer of ownership of the property.
(ii) If the transferor of such property fails to provide notice as described in this subsection c and, subsequent to the
transfer of such property (A) the transferee fails to obtain or maintain flood insurance in accordance with applicable
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federal law, with respect to such property; (B) such property is damaged by a flood disaster; and (C) federal disaster relief
assistance is provided for the repair, replacement, or restoration of such property as a result of such damage, then the
transferor shall be required to reimburse the Federal Government in an amount equal to the amount of federal disaster
release assistance provided with respect to such property.
(iii) The notification requirements of this section apply to personal, commercial or residential property for which
federal disaster relief assistance made available in a flood disaster area has been provided, prior to the date on which the
property is transferred, for repair, replacement or restoration of such property, if such assistance was conditioned upon
obtaining flood insurance in accordance with applicable federal law with respect to such property.
c. For purposes of this section, the term "Federal disaster relief assistance" applies to HUD or other federal assistance for
disaster relief in "flood disaster areas," and the term "flood disaster area" has the meaning given such term in Section 582(d)(2) of
the National Flood Insurance Reform Act of 1994, as amended, and includes an area receiving a presidential declaration of a major
disaster or emergency as a result of flood conditions.
5.10 ONE-FOR-ONE REPLACEMENT REQUIREMENTS WAIVERS. The following requirements are waived for the activities
described:
a. the One-for-one replacement requirements pursuant to 42 U.S.C. Section 5304(d)(2) and (d)(3), and 24 CFR 42.375(a) do
not apply for lower-income dwelling units (as defined in 24 CFR 42.305) which were (i) damaged by the covered disaster, (ii) for
which CDBG funds are used for conversion or demolition, and (iii) which are not suitable for rehabilitation.
b. Relocation assistance requirements pursuant to 42 U.S. C. Section 5304(d)(2)(A) and 24 CFR 42.350 do not apply to
activities under this Contract, to the extent that such requirements differ from the requirements of the URA and the regulations
under 49 CFR Part 24, for activities involving buyouts and other activities covered by the URA and related to disaster recovery
activities assisted by the funds under this Contract.
c. The requirements of 49 CFR 24.101(b)(2)(i) - (ii) do not apply to activities under this Contract to the extent that they
apply to an arm's length voluntary purchase carried out by a person who does not have the power of eminent domain, in connection
with the purchase and occupancy of a principal residence by that person.
5.11 COMPLIANCE WITH PROGRAM RULES. All activities conducted and services performed pursuant to this contract shall be
conducted and performed in compliance with the Program Rules.
ARTICLE 6
CONDITIONS TO DISBURSEMENT OF FUNDS
Unless and until the following conditions have been satisfied, the Department shall be under no obligation to disburse to the Recipient any
amounts under this Contract:
6.1 CONTRACT EXECUTED. The Contract shall have been properly executed and, where required, acknowledged.
6.2 COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC PRESERVATION REQUIREMENTS. Funds shall not be
released under this Contract for non-exempt activities until the Recipient has satisfied the environmental review and release of funds
requirements set forth in 24 CFR Part 58, "Environmental Review Procedures for the Community Development Block Grant Program", and
summarized in the Iowa Community Development Block Grant Management Guide, each to the extent applicable to the Program and not in
conflict with the Program Rules. In addition, construction contracts for non-exempt activities shall not be executed and construction shall not
begin prior to providing the Department with documentation of the Recipient's compliance with Section 106 of the National Historic
Preservation Act and 36 CFR Part 800, "Protection of Historic Properties." The Recipient shall comply with any Programmatic Agreement
between the Iowa Department of Economic Development and the Iowa State Historic Preservation Office, applicable to any activities
included in this contract. The Recipient shall comply with any lead agency agreement between FEMA and IDED applicable to any activity
included in this contract. If a property being acquired is located in an area designated as a special flood hazard area on the most current flood
advisory maps of the Federal Emergency Management Agency (FEMA), additional environmental review must be performed that complies
with the requirements of 24 CFR Part 55 and Executive Order 11988.
6.3 PERMITS AND LICENSES. The Department reserves the right to withhold funds until the Department has reviewed and
approved all material, such as permits or licenses from other state or Federal agencies, which may be required prior to Project
commencement.
6.4 EXCESSIVE FORCE POLICY. The Department, prior to release of funds under this Contract, shall review and approve the
Recipient's policy on protecting individuals engaged in nonviolent civil rights demonstrations from the use of excessive force by law
enforcement agencies within its jurisdiction, and enforcing state and local laws against physically barring entrance to or exit from a facility or
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location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction, consistent with the provisions of Section
906 of the National Affordable Housing Act of 1990 and Subsection 104(1) of the Housing and Community Development Act of 1974, as
amended.
6.5 CONDITIONS TO DISBURSEMENT FOR A SPECIFIC ACTIVITY. For each activity number listed below, the Recipient
shall comply with the corresponding applicable conditions prior to release of funds for that activity. If no applicable conditions are identified
below, none of the conditions in Article 6.5 shall apply to the activities funded by this Contract.
ACTIVITY NUMBER(S) APPLICABLE CONDITIONS
(a) DEPARTMENT OF NATURAL RESOURCES APPROVAL. Construction shall not begin prior to the written approval
of the Iowa Department of Natural Resources.
(b) REVIEW OF HANDICAPPED ACCESSIBILITY. Prior to release of funds for construction, the Department shall
receive and review a signed statement from the Project architect that proposed construction will meet all handicapped' accessibility
and ADA requirements based on approved design plans.
(c) DEPARTMENT OF HEALTH APPROVAL. Construction shall not begin prior to receipt of written approval from the
Iowa Department of Health.
(d) FRANCHISE ORDINANCE/28E AGREEMENT. Prior to the release of funds for construction, the Recipient shall
submit, as appropriate, either an ordinance authorizing the franchise or an executed 28E Agreement for the activity for the
Department's review.
(e) BULK PURCHASE AGREEMENT. Prior to release of funds for construction, the Recipient shall submit an executed
"Bulk Purchase Agreement" for the Department's review.
(f) STATE BUILDING CODE BUREAU APPROVAL. Bidding for construction shall not be conducted prior to the written
approval of the final plans by the State Building Code Bureau of the Iowa Department of Public Safety.
6.6 CONDITIONS TO DISBURSEMENT NECESSITATING OUTSIDE AGENCY ACTION FOR A SPECIFIC ACTIVITY.
For each activity number listed below, the Recipient shall comply with the corresponding applicable conditions prior to release of funds for
that activity. If no applicable conditions are identified below, none of the conditions in this Section shall apply to the activities funded by this
Contract as described in Attachment A to the Contract.
ACTIVITY APPLICABLE OUTSIDE
NUMBER(S) CONDITIONS AGENCY
#69 6.6(a) EDA
(a) FUNDING. Funding shall be contingent upon receipt of adequate funds from the identified agency to complete the
Project described. The Recipient must submit a copy of the notification of said funding commitment to the Department before
funds can be released to the Recipient. If there is a reduction in the amount of the funds available from this source, the Recipient
shall identify an alternative source of funds, and the change in funding sources shall be reflected in an amendment to this Contract.
If the funds from the identified agency are rejected, this award is no longer valid. If the other funding is not obligated to the
Recipient within three (3) months following the announcement of the CDBG award, the CDBG funds shall be considered available
to the Department for allocation to other Projects, and the provisions of the CDBG Administrative Rules concerning contingent
awards shall apply.
(b) SUBRECIPIENT AGREEMENT. The Department, prior to the release of funds, shall review and approve the
subrecipient agreement between the Recipient and the identified agency.
(c) CONTINGENT FUNDING. The Department has awarded these funds contingent upon receipt of other funding from the
identified agency.
(d) LONG TERM LEASE AGREEMENT. Prior to release of funds, the Department shall review and approve a Long Term
Lease Agreement or any other binding agreement deemed appropriate by the Department between two identified agencies. The
agreement shall guarantee that the constructed facility as described in this Contract will be allowed to physically remain and
continue to be used for the specified purpose. In the event that the use of the facility changes, the Recipient may be required to
repay all or part of the grant award as described in Article 9.4 of this Contract.
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ARTICLE 7
REPRESENTATIONS AND WARRANTIES OF RECIPIENT
To induce the Department to make the Grant referred to in this Contract, the Recipient represents, covenants and warrants that:
7.1 AUTHORITY. The Recipient is duly authorized and empowered to execute and deliver the Contract. All required actions on the
Recipient's part, such as appropriate resolution of its governing board for the execution and delivery of the Contract, have been effectively
taken.
7.2 FINANCIAL INFORMATION. All financial statements and related materials concerning the Project provided to the Department
are true and correct in all material respects and completely and accurately represent the subject matter thereof as of the Effective Date of the
statements and related materials, and no material adverse change has occurred since that date.
7.3 APPLICATION. The contents of the application the Recipient submitted to the Department for CDBG funding is a complete and
accurate representation of the Project as of the date of submission and there has been no material adverse change in the organization,
operation, or key personnel of the Recipient since the date the Recipient submitted its CDBG Disaster Recovery Fund application to the
Department.
7.4 CLAIMS AND PROCEEDINGS. There are no actions, lawsuits or proceedings pending or, to the knowledge of the Recipient,
threatened against the Recipient affecting in any manner whatsoever their rights to execute the Contract or the ability of the Recipient to
make the payments required under the Contract, or to otherwise comply with the obligations of the Contract. There are no actions, lawsuits
or proceedings at law or in equity, or before any governmental or administrative authority pending or, to the knowledge of the Recipient,
threatened against or affecting the Recipient or any property involved in the Project.
7.5 PRIOR AGREEMENTS. The Recipient has not entered into any verbal or written contracts, agreements or arrangements of any
kind which are inconsistent with the Contract.
7.6 EP'FLCTIVE DATE. The covenants, warranties and representations of this Article are made as of the Effective Date of this
Contract and shall be deemed to be renewed and restated by the Recipient at the time of each advance or request for disbursement of funds.
ARTICLE 8
COVENANTS OF THE RECIPIENT
8.1 AFFIRMATIVE COVENANTS. Until the Project has been closed out, audited, and approved by IDED, the Recipient covenants
with IDED that:
(a) PROJECT WORK AND SERVICES. The Recipient shall perform the work and services detailed in the CDBG
Attachment A by the Contract End Date.
(b) REPORTS. The Recipient shall prepare, review and sign the requests and reports as specified below in the form and
content specified by the Department. The Recipient shall review all Requests for Payment and verify that claimed expenditures are
allowable costs. The Recipient shall maintain documentation adequate to support the claimed costs.
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1. Request for Disaster Recovery Payment/ As funds are needed (original and three copies)
Activity Status Report
2. Updates to the Applicant/Recipient Disclosure
Report As needed due to changes
3. Final Request for Disaster Recovery Payment/
Activity Status Report
4. Section 3 Report (if applicable)
5. Form 3-D, Final Accomplishments and
Equal Opportunity Data (if applicable)
Within 60 days of Contract Expiration Date
Within 60 days of Contract Expiration Date
Within 60 days of Contract Expiration Date
6. Audit Report (if applicable) Within 30 days of audit completion
7. Other reports as required by IDED and the Program
Rules As needed
The Department reserves the right to require more frequent submission of the Activity Status Report than as shown above ifj in the
opinion of the Department, more frequent submissions would help improve the Recipient's CDBG program.
(c) RECORDS. The Recipient shall maintain books, records, documents and other evidence pertaining to all costs and
expenses incurred and revenues received under this Contract in sufficient detail to reflect all costs, direct and indirect, of labor,
materials, equipment, supplies, services and other costs and expenses of whatever nature, for which payment is claimed under this
Contract. The Recipient shall maintain books, records and documents in sufficient detail to demonstrate compliance with the
Contract and shall maintain these materials for a period of five (5) years beyond the date upon which the final audit of the Project is
accepted by IDED. Records for non -expendable property acquired under this Contract shall be retained for a five (5) year period
after the final disposition of property. Records shall be retained beyond the prescribed period if any litigation or audit is begun or if
a claim is instituted involving the grant or agreement covered by the records. In these instances, the records shall be retained until
the litigation, audit or claim has been finally resolved.
(d) ACCESS TO RECORDS/INSPECTIONS. The Recipient shall, without prior notice and at any time, permit HUD or its
representatives, the General Accounting Office or its representatives, and the Department, its representatives or the State Auditor to
examine, audit and/or copy (i) any plans and work details pertaining to the Project, (ii) all of the Recipient's books, records and
accounts, and (iii) all other documentation or materials related to this Contract; the Recipient shall provide proper facilities for
making such examination and/or inspection.
(e) USE OF GRANT FUNDS. The Recipient shall expend funds received under the Contract only for the purposes and
activities described in its CDBG Application, this Contract and as approved by the Department.
(f) DOCUMENTATION. The Recipient shall deliver to IDED, upon request, (i) copies of all contracts or agreements
relating to the Project, (ii) invoices, receipts, statements or vouchers relating to the Project, (iii) a list of all unpaid bills for labor
and materials in connection with the Project, and (iv) budgets and revisions showing estimated Project costs and funds required at
any given time to complete and pay for the Project.
(g) NOTICE OF PROCEEDINGS. The Recipient shall promptly notify IDED of the initiation of any claims, lawsuits or
proceedings brought against the Recipient.
(h) INDEMNIFICATION. The Recipient shall indemnify and hold harmless the Department, its officers and employees
from and against any and all claims or losses accruing or resulting from any and all claims of subcontractors, laborers and any other
person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this
Contract (singularly, a "Vendor" and, collectively, "Vendors") and from any and all claims and losses accruing or resulting from
any person, firm or corporation who may be injured or damaged by the Recipient in the performance of this Contract, including but
not limited to claims under worker's compensation acts, claims of damages because of bodily injury including personal injury,
sickness or disease, death, injury to or destruction of tangible property including but not limited to loss of use therefrom; and from
claims arising out negligent errors, omissions or acts of the Recipient. The Recipient shall require that any subrecipient or Vendor
provide such indemnification to the Department in addition to the indemnification provided by the Recipient.
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(i) NOTICE TO DEPARTMENT. In the event the Recipient becomes aware of any material alteration in the Project,
initiation of any investigation or proceeding involving the Project, or any other similar occurrence, the Recipient shall promptly
notify the Department.
(j) CERTIFICATIONS. The Recipient certifies and assures that the Project will be conducted and administered in
compliance with all applicable Federal and State laws, regulations and orders. Certain statutes are expressly made applicable to
activities assisted 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 Recipient certifies and assures compliance with the applicable orders, laws and implementing regulations,
including but not limited to, the following, as modified by the waivers and alternative requirements contained in the Program
Rules:
(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 Governments").
(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, as modified by the waivers and alternative requirements published in the
Federal Register on September 11, 2008.
(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 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, governing optional relocation assistance, each as
modified and/or waived by the Program Rules.
(xi) Administrative rules adopted by the Iowa Department of Economic Development, 261 Iowa Administrative
Code, Chapter 23, to the extent applicable to the Program and not in conflict with the Program Rules.
(xii) Financial and Program Management guidelines issued by the Iowa Department of Economic Development: the
Iowa CDBG Management Guide and the IDED Audit Guide, to the extent applicable to the Program and not in conflict
with the Program Rules.
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(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, and as modified by the
waivers and alternative requirements published in the Federal Register on September 11, 2008.
(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.
(k) MAINTENANCE OF PROJECT PROPERTY AND INSURANCE. The Recipient and any subrecipient shall maintain
the Project property in good repair and condition, ordinary wear and tear excepted, and shall not suffer or commit waste or damage
upon the Project property. The Recipient or subrecipient shall pay for and maintain insurance as is customary in their industry.
This insurance shall be in an amount not less than the full insurable value of the Project property. In addition, the Recipient shall
purchase and maintain liability insurance sufficient to afford coverage for any acts for which the Recipient is required to indemnify
the Department pursuant to this Section 8.1. The subrecipient shall name the Recipient and Department as a mortgagee and/or an
additional loss payee, as appropriate, and the Recipient shall name the Department as a mortgagee and/or an additional loss payee,
as appropriate, and submit copies of the policies to the Department.
8.2 NEGATIVE COVENANTS. During the Contract term the Recipient covenants with IDED that it shall not, without the prior
written disclosure to and prior written consent of IDED, directly or indirectly:
(a) ASSIGNMENT. Assign its rights and responsibilities under this Contract.
(b) ADMINISTRATION. Discontinue adminishation activities under the Contract.
ARTICLE 9
DEFAULT AND REMEDIES
9.1 EVENTS OF DEFAULT. The following shall constitute Events of Default under this Contract:
(a) MATERIAL MISREPRESENTATION. If at any time any representation, warranty or statement made or furnished to
the Department by, or on behalf of the Recipient in connection with this Contract or to induce the Department to make a grant to
the Recipient shall be determined by the Department to be incorrect, false, misleading or erroneous in any material respect when
made or furnished and shall not have been remedied to the Department's satisfaction within thirty (30) days after written notice by
the Department is given to the Recipient.
(b) NONCOMPLIANCE. If there is a failure by the Recipient to comply with any of the covenants, terms or conditions
contained in this Contract.
(c) CONTRACT EXPIRATION DATE. If the Project, in the sole judgment of the Department, is not completed on or
before the Contract Expiration Date.
(d) MISSPENDING. If the Recipient expends Grant proceeds for purposes not described in the CDBG Disaster Recovery
Fund application, this Contract, or as authorized by the Department.
(e) INSURANCE. If loss, theft, damage or destruction of any substantial portion of the property of the Recipient occurs for
which there is either no insurance coverage or for which, in the opinion of the Department, there is insufficient insurance coverage.
9.2 NOTICE OF DEFAULT. IDED shall issue a written notice of default providing therein a fifteen (15) day period in which the
Recipient shall have an opportunity to cure, provided that cure is possible and feasible.
9.3 REMEDIES UPON DEFAULT. If, after opportunity to cure, the default remains, IDED shall have the right, in addition to any
rights and remedies available to it to do one or more of the following:
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(a) exercise any remedy provided by law,
(b) require immediate repayment of up to the full amount of funds disbursed to the Recipient under this Contract plus
interest.
9.4 FAILURE TO MEET PERFORMANCE TARGETS. If the Recipient is determined by the Department to be in default of this
Contract due to meeting less than one hundred percent (100%) of its Performance Targets, the Department may require full Grant repayment
or, at its discretion, the Department may require partial repayment of Grant proceeds which allows partial credit for the performance targets
which have been met, or the Department may require other remedies that the Department determines to be appropriate.
ARTICLE 10
INCORPORATED DOCUMENTS
10.1 DOCUMENTS INCORPORATED BY REFERENCE. The Recipient shall comply with the terms and conditions of the
following documents which are hereby incorporated by reference:
1. Attachment A, "Program Description and Budget."
2. Attachment B, "CDBG Disaster Recovery Fund Application."
3. Attachment C, "CDBG Program General Provisions," dated November 20, 2009.
10.2
govern:
ORDER OF PRIORITY. In the event of a conflict between documents of this Contract, the following order of priority shall
1. Articles 1 through 11 herein.
2. Attachment C, "CDBG Program General Provisions," dated November 20, 2009.
3. Attachment A, "Program Description and Budget."
4. Attachment B, "CDBG Disaster Recovery Fund Application."
10.3 SUPERSEDING AUTHORITY. Notwithstanding any provision herein to the contrary, in the event of any provision of this
Contract, including Attachments A, B and C, conflicts with any of the Program Rules, such conflicting provisions shall be of no
force and effect, the Program Rules shall apply in lieu thereof as though fully set forth herein.
ARTICLE 11
MISCELLANEOUS
11.1 LIMIT ON GRANT PROCEEDS ON HAND. The Recipient shall request Project funds only as needed and shall not have more
than five hundred dollars ($500.00) of Grant proceeds, including earned interest, on hand for a period of longer than ten (10) working days,
after which time any surplus amount shallbe returned to the Department.
11.2 BINDING EFFECT. This Contract shall be binding upon and shall inure to the benefit of the Department and Recipient and their
respective successors, legal representatives and assigns. The obligations, covenants, warranties, acknowledgments, waivers, agreements,
terms, provisions and conditions of this Contract shall be jointly and severally enforceable against the parties to this Contract.
11.3 SURVIVAL OF CONTRACT. If any portion of this Contract is held to be invalid or unenforceable, the remainder shall be valid
and enforceable. The provisions of this Contract shall survive the execution of all instruments herein mentioned and shall continue in full
force until the Project is completed as determined by the Department.
11.4 GOVERNING LAW. This Contract shall be interpreted in accordance with the laws of the State of Iowa, and any action relating
to the Contract shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern
District of Iowa.
11.5 NOTICES. Whenever this Contract requires or permits any notice or written request by one party to another, it shall be in writing,
enclosed in an envelope, addressed to the party to be notified at the address heretofore stated (or at such other address as may have been
designated by written notice), properly stamped, sealed and deposited in the United States Mail. Any such notice given hereunder shall be
deemed delivered upon the earlier of actual receipt or two (2) business days after posting. The Department may rely on the address of the
Recipient set forth heretofore, as modified from time to time, as being the address of the Recipient.
11.6 WAIVERS. No waiver by the Department 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 Department in exercising any right or remedy hereunder shall operate as a
waiver thereof. No single or partial exercise of any right or remedy by the Department shall preclude future exercise thereof or the exercise
of any other right or remedy.
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11.7 LIMITATION. It is agreed by the Recipient that the Department shall not, under any circumstances, be obligated financially
under this Contract except to disburse funds according to the terms of the Contract.
11.8 HEADINGS. The headings in this Contract are intended solely for convenience of reference and shall be given no effect in the
construction and interpretation of this Contract.
11.9 INTEGRATION. This Contract contains the entire understanding between the Recipient and the Department 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. None of the parties have relied on any such prior representation in entering into this Contract.
11.10 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 one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Contract as of the Effective Date first stated.
RECIPIENT: Waterloo
BY:
triete54-6-.
Mayor Typed or Printed Name and Title
City of Waterloo
City Hall - 715 Mulberry St.
Waterloo, IA 50703
IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT:
BY:
Timothy R. Waddell, Division Administrator
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CDBG Contract Format
Revised March 2006
IOWA CDBG GRANTEE PROGRAM DESCRIPTION & BUDGET
Name of Recipient: Waterloo
Name of Subrecipient:
Contract Number: 08 -DRI -078
ATTACHMENT A DATE: 11/4/09
d
ARG
11 IbIJNT LiLtbo l' tl:
Activity 1: 69 Storm Sewer Improvements
Install lift stations to protect commercial areas from flooding.
Construct 3 new storm water lift
stations, 2 replacement lift stations,
including pumps and all
related work items.
Project Delivery Costs $30,000
$3,931,250
$7,000,000
$10,931,250
Activity 2:
$0
Activity 3:
$0
Activity 4:
$0
ADMINISTRATION 181
$10,000
$15,000
$25,000
TOTAL AMOUNT OF ALL FUNDS BUDGETED:
$3,941,250
$7,015,000
$10,956,250
BENEFICIARY INFORMATION;
TOTAL SERVED: 68,747
LMI: 32,422
WHITE:
BLACK OR AFRICAN AMERICAN:
ASIAN:
AMERICAN INDIAN AND ALASKAN NATIVE:
NATIVE HAWAIIAN AND OTHER PACIFIC ISLANDER:
WHITE AMERICAN INDIAN/ALASKAN NATIVE:
WHITE ASIAN:
WHITE BLACK:
BLACK NATIVE AMERICAN:
OTHER MULTIRACE:
TOTAL SERVED:
RACIAL AND ETHNIC DATA
HISPANIC
56,103
684
9529
587
150
34
2344
1122
68747
1806
g:\projects\bcf\recipients\cdbg\CDBG 2004 WS_CF AttachA.xls
ATTACHMENT C
GENERAL PROVISIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
November 20, 2009
1.0 AMENDMENT.
Contract Number 08 -DRI -078
Page 1 of 4
(a) WRITING REQUIRED. The Contract may only be amended through written prior approval of IDED. Examples of
situations where amendments are required include extensions for completion of Project activities, changes to the Project including,
but not limited to, alteration of existing approved activities or inclusion of new activities.
(b) UNILATERAL MODIFICATION. Notwithstanding paragraph "a" above, IDED may unilaterally modify the Contract
at will in order to accommodate any change in the Act or the Program Rules or any change in the interpretation of the Act or the
Program Rules or any other applicable Federal, State or Local laws, regulations, rules or policies. A copy of such unilateral
modification will be given to the Recipient as an amendment to this Contract.
(c) IDED REVIEW. IDED will consider whether an amendment request is so substantial as to necessitate reevaluating
IDED's original funding decision on the Project. An amendment will be denied if it substantially alters the circumstances under
which the Project funding was originally approved or if it does not meet requirements set forth in 261 Iowa Administrative Code,
Chapter 23, to the extent applicable to the Program and not in conflict with the Program Rules.
2.0 AUDIT REQUIREMENTS.
(a) SINGLE AUDIT. The Recipient shall ensure that an audit is performed in accordance with the Single Audit Act
Amendment of 1996 and OMB Circular A-133, as applicable, IDED's administrative rules for the CDBG program (261 Iowa
Administrative Code Chapter 23), and the Iowa CDBG Management Guide to the extent applicable to the Program and not in
conflict with the Program Rules.
(b) ADDITIONAL AUDIT. As a condition of the grant to the Recipient, IDED reserves the right to require the Recipient to
submit to a post Project completion audit and review in addition to the audit required above.
3.0 COMPLIANCE WITH LAWS AND REGULATIONS. The Recipient shall comply with all applicable State and Federal laws,
rules, ordinances, regulations and orders.
4.0 UNALLOWABLE COSTS. If IDED determines at any time, whether through monitoring, audit, closeout procedures or by other
means or process that the Recipient has expended funds which are unallowable, the Recipient will be notified of the questioned costs and
given an opportunity to justify questioned costs prior to IDED's final determination of the disallowance of costs. Appeals of any
determinations will be handled in accordance with the provisions of Chapter 17A, Iowa Code. If it is IDED's final determination that costs
previously paid by the IDED are unallowable under the terms of the Contract, the expenditures will be disallowed and the Recipient shall
repay to IDED any and all disallowed costs.
5.0 INTEREST EARNED. To the extent that interest is earned on advances of CDBG funds, this interest shall be returned to IDED,
except that the Recipient may keep interest amounts of up to $100 per year for administrative expenses.
6.0 SUSPENSION. When the Recipient has failed to comply with the Contract, award conditions or standards, IDED may, on
reasonable notice to the Recipient, suspend the Contract and withhold future payments, or prohibit the Recipient from incurring additional
obligations of CDBG funds. Suspension may continue until the Recipient completes the corrective action as required by IDED. IDED may
allow such necessary and proper costs which the Recipient could not reasonably avoid during the period of suspension provided IDED
concludes that such costs meet the provisions of HUD regulations issued pursuant to OMB Circular A-87.
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8.0 TERMINATION.
(a) FOR CAUSE. IDED may terminate the Contract in whole, or in part, whenever IDED determines that the Recipient has
failed to comply with the terms and conditions of the Contract.
(b) FOR CONVENIENCE. IDED, the Recipient may terminate the Contract in whole, or in part, when all parties agree
that the continuation of the Project would not produce beneficial results commensurate with the future disbursement of funds.
(c) DUE TO REDUCTION OR TERMINATION OF CDBG FUNDING. At the discretion of IDED, the Contract may
be terminated in whole, or in part, if there is a reduction or termination of CDBG Federal block grant funds to the State.
9.0 PROCEDURES UPON TERMINATION.
(a) NOTICE. IDED shall provide written notice to the Recipient of the decision to terminate, the reason(s) for the
termination, and the effective date of the termination. If there is a partial termination due to a reduction in funding, the notice will
set forth the change in funding and the changes in the approved budget. The Recipient shall not incur new obligations beyond the
effective date and shall cancel as many outstanding obligations as possible. IDED's share of noncancellable obligations which
IDED determines were properly incurred prior to notice of cancellation will be allowable costs.
(b) RIGHTS IN PRODUCTS. All finished and unfinished documents, data, reports or other material prepared by the
Recipient under the Contract shall, at IDED option, become the property of IDED.
(c) RETURN OF FUNDS. The Recipient shall return to IDED all unencumbered funds within one week of receipt of the
notice of termination. Any costs previously paid by IDED which are subsequently determined to be unallowable through audit,
monitoring, or closeout procedures shall be returned to IDED within thirty (30) days of the disallowance.
10.0 ENFORCEMENT EXPENSES. The Recipient shall pay upon demand any and all reasonable fees and expenses of the
Department, including the fees and expenses of their attorneys, experts and agents, in connection with the exercise or enforcement of any of
the rights of the Department under this Contract.
11.0 CONFLICT OF INTEREST.
(a) GENERAL. Except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no
persons identified in paragraph (b) below who exercise or have exercised any functions or responsibilities with respect to CDBG
assisted activities 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 they have
family or business ties, during their tenure or for one year thereafter.
(b) PERSONS COVERED. The conflict of interest provisions described above apply to any person who is an employee,
agent, consultant, officer, or elected or appointed official of the Recipient, or of any designated public agencies, or subrecipients
which are receiving CDBG funds.
(c) CONFLICTS OF INTEREST. Chapter 68B, Code of Iowa, the "Iowa Public Officials Act", shall be adhered to by the
Recipient, its officials and employees.
12.0 USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS OR SUBRECIPIENTS. CDBG funds shall not
be used directly or indirectly to employ, award contracts to, or otherwise engage the service of, or fund any contractor or subrecipient during
any period of debarment, suspension, or placement in ineligible status under the provisions of 24 CFR Part 24 or any applicable law or
regulation of the Department of Labor.
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13.0 CIVIL RIGHTS.
(a) DISCRIMINATION IN EMPLOYMENT. The Recipient shall not discriminate against any qualified employee or
applicant for employment because of race, color, religion, sex, national origin, age, or physical or mental disability. The Recipient
may take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race,
color, religion, sex, national origin, age, or disability. Such action shall include but may not be limited to the following:
employment, upgrading, demotion or transfers; recruitment or recruitment advertising; lay-off or termination; rates of pay or other
forms of compensation; and selection for training, including an apprenticeship. The Recipient agrees to post notices setting forth
the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees.
(b) CONSIDERATION FOR EMPLOYMENT. The Recipient shall, in all solicitations or advertisements for employees
placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, national origin, age, disability, or familial status. Solicitation and Advertisement - The Recipient shall
list all suitable employment openings in the State Employment Service local offices.
c) CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. The Recipient shall comply with all relevant provisions of the
Iowa Civil Rights Act of 1965 as amended, Chapter 19B.7, 2003 Code of Iowa, Federal Executive Order 11246, as amended;
Title VI of the U.S. Civil Rights Act of 1964 as amended (42 U.S.C. Section 2000d et seq.), the Fair Labor Standards Act
(29 U.S.C. Section 201 et seq.), The Americans with Disabilities Act, as applicable, (P.L. 101-336, 42 U.S.C. 12101-12213),
Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. Section 794), and the Age Discrimination Act of 1975 as
amended (42 U.S.C. Section 6101 et seq.). The Recipient will furnish all information and reports requested by the State of Iowa or
required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State
of Iowa to investigate compliance with these rules and regulations.
(d) CERTIFICATION REGARDING GOVERNMENT -WIDE RESTRICTION ON LOBBYING. The Recipient
certifies, to the best of his or her knowledge and belief, that:
i) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress 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
cooperative agreement.
ii) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee, or an
employee of a Member of congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
Recipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Federal Lobbying" in accordance
with its instruction.
iii) The Recipient shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
(e) PROGRAM NONDISCRIMINATION. The Recipient shall conform with requirements of Title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.) and HUD regulations issued pursuant thereto contained in 24 CFR Part 1. No person in the
United States shall on the basis of race, color, national origin, sex or religion or religious affiliation be excluded from participation
in, be denied the benefits of; or be subjected to discrimination under any program or activity funded in whole or in part with funds
made available through this Contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act
of 1975 (42 U.S.C. 6101 et. seq.) or with respect to an otherwise qualified individual with a disability as provided in the Americans
with Disabilities Act, as applicable, (P.L. 101-336, 42 U.S.C. 12101-12213) or Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. Section 794) shall also apply to any such program or activity.
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(f) FAIR HOUSING. The Recipient shall comply with Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.),
generally known as the Fair Housing Act, and with HUD regulations found at 24 CFR Part 107, issued in compliance with Federal
Executive Order 11063, as amended by Federal Executive Order 12259. The recipient shall also comply with Section 109, Title I
of the Housing and Community Development Act of 1974, as amended.
(g) SECTION 3 COMPLIANCE. The Recipient shall comply with provisions for training, employment, and contracting in
accordance with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u).
(h) NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS. In the event of the Recipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the aforesaid rules, regulations, or requests, this Contract may be
canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action, imposing other
sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 216, Code of Iowa 1997) or
as otherwise provided by law.
(i) INCLUSION IN SUBCONTRACTS. The Recipient will include the provisions of the preceding paragraphs of Section
14 in every subcontract unless exempt by the State of Iowa, and said provisions will be binding on each subcontractor. The
Recipient will take such action with respect to any subcontract as the State of Iowa may direct as a means of enforcing such
provisions including sanctions for noncompliance. In the event the Recipient becomes involved in or is threatened by litigation
with a subcontractor or vendor as a result of such direction by the State of Iowa, the Recipient may request the State of Iowa to
enter into such litigation to protect the interests of the State of Iowa.
14.0 POLITICAL ACTIVITY. No portion of program funds shall be used for any partisan political activity or to further the election
or defeat of any candidate for public office. Neither the program nor the funds provided therefore, nor the personnel employed in the
administration of this Contract, shall be in any way or to any extent, engaged in the conduct of political activities in contravention of The
Hatch Act (5 U.S.C. 15).
15.0 LIMIT ON RECOVERY OF CAPITAL COSTS. The Recipient will not attempt to recover any capital costs of public
improvements assisted in whole or part under this Contract by assessing any amount against properties owned and occupied by persons of
low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements,
unless (i) funds received under this Contract are used to pay the proportion of such fee or assessment that relates to the capital costs of such
public improvements that are financed from revenue sources other than under Title I of the Housing and Community Development Act of
1974, as amended, or (ii) for purposes of assessing any amount against properties owned and occupied by persons of low and moderate
income who are not persons of very low income, the Recipient has certified to the Department that it lacks sufficient funds received under
Title I of the Housing and Community Development Act of 1974, as amended, to comply with the requirements of clause (i) above.
Document Prepared by: Joe Bohlke CDBG Disaster Recovery Infrastructure Contract Format
Revised December 2009
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