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HomeMy WebLinkAboutCedar Valley Techworks, Inc.-Financial Assistance Award-07.23.2007 ---r�� 7-.1-3- 07 FORM CD-450 'ha. 0 o 67-4'V U.S. DEPARTMENT OF COMMERCE ®GRANT (REV 10-93) ono 203-26 ❑ COOPERATIVE AGREEMENT FINANCIAL ASSISTANCE AWARD ACCOUNTING CODE RECIPIENT NAME: Cedar Valley TechWorks, Inc. AWARD NUMBER: 05-01-04477 RECIPIENT NAME: City of Waterloo STREET ADDRESS FEDERAL SHARE OF COST 10 West 4th Street, Suite 310 $1,600,000 CITY,STATE,ZIP CODE RECIPIENT SHARE OF COST Waterloo, Iowa 50701-5428 $5,084,013 AWARD PERIOD TOTAL ESTIMATED COST Date of Approval to 60 months after Date of Approval $6,684,013 AUTHORITY: Public Works and Economic Development Act of 1965,as amended(42 U.S.C.3121 et seq.) CFDA NO. AND PROJECT TITLE: 11.300/Public Work! and Development Facilities/Renovation of a 155,000 sq.ft. building for reuse as a technology center on the Cedar Valley TechWorks campus in Waterloo This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding. By signing the three documents, the Recipients agree to comply with the Award provisions checked below, and attached. Upon acceptance by the Recipient, two signed Award documents shall be returned to the Grants Officer and the other document shall be retained by the Recipients. If not signed and returned by the Recipients within 30 days of receipt,the Grants Officer may unilaterally terminate this award. • Department of Commerce Financial Assistance Standard Terms and Conditions Z Spec:ial Award Conditions Z Line tem Budget ® 15 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Educ:ation, Hospitals, Other Non-Profit and Commercial Organizations El 15 CFR Part 24, Uniform Administrative Requirements for Grants and Agreements with State and Local Governments ® OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments ® OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations ❑ OMB Circular A-21, Cost Principles for Educational Institutions CO OMB Circular A-122, Cost Principles for Nonprofit Organizations ® Other(s): SI ATURE OF DEP RTMENT OF C ERCE GRANTS OFFICER TITLE DATE w Robert E. Olson Regional Director June 21,2007 FORM CD-450 U.S.DEPARTMENT OF COMMERCE PAGE 2 (REV 10-93) DOA 203-26 FINANCIAL ASSISTANCE AWARD TYPED ND SIGN RE OF AUTHORIZED RECIPIENT OFFICIAL TITLE DATE 145 2417 c:591 ft..........) Steven J. Dus President, Cedar Valley TechWorks, Inc. TYPED NAME AND SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL TITLE DATE 3tjAy .2 oo7 Timothy J. Hurley Mayor City of Waterloo NONDESCRIMINATION REQUIREMENTS The Recipient agrees to comply with Title VI of the Civil Rights Act of 1974 (42 U.S.C. 2000d et seq.) prohibiting discrimination under Federally assisted programs on the grounds of race, color, or national origin and Department of Commerce regulations implementing Title VI (15 CFR Part 8); Title IX of the Education Amendments of 1972, as amended, (20 U.S.C. 1681 et seq.) prohibiting discrimination on the basis of sex in Federally assisted education programs or activities; 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) prohibiting discrimination under any program or activity receiving Federal financial assistance on the basis of handicap and Department of Commerce regulations implementing Section 504 (15 CFR Part 8b); the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.) prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance and Department of Commerce regulations implementing the Act (15 CFR Part 20); Part III of Executive Order 11246 (30 F.R. 12319, September 25, 1965) as amended by Executive Order 11375 (32 F.R. 14303, October 17, 1967) requiring Federally assisted construction contracts to include the provisions of 203 of the Executive Order and the regulations of the Department of Labor implementing the Executive Order with which the Department of Commerce and its recipients must comply (41 CFR 60-1.4(b)); any other regulations implementing these statutes and orders. EXHIBIT "A" U.S. DEPARTMENT OF COMMERCE Economic Development Administration Public Works and Development Facilities Page 1 of 4 RECIPIENTS: Cedar Valley TechWorks, Inc., and City of Waterloo Project No. 05-01-04477 Waterloo, Black Hawk County,Iowa SPECIAL AWARD CONDITIONS PROJECT DESCRIPTION: Renovations to a 155,000 sq. ft. building for reuse as a technology center on the Cedar Valley TechWorks campus in Waterloo, Iowa 1. PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the following Project development time schedule: Time allowed after approval of Financial Assistance Award for: Project Start 24 months Project Completion 36 months Project Closeout - All Project closeout documents including final financial information and any required program reports shall be submitted to the Government not more than 90 days after the date the Recipient accepts the completed Project from the contractor(s). The Recipient shall pursue diligently the development of the Project so as to ensure completion of the Project and submission of closeout documents within this time schedule. Moreover, the Recipient shall notify the Government in writing of any event which could delay substantially the achievement of the Project within the prescribed time limits. The Recipient further acknowledges that failure to meet the development time schedule may result in the Government's taking action to terminate the Award in accordance with the regulations set forth at 13 CFR 305.99(b) and 15 CFR 24.43 (53 Fed. Reg. 8048-9, 8102, March 11, 1988). 2. GOALS FOR WOMEN AND MINORITIES IN CONSTRUCTION: Department of Labor regulations set forth in 41 CFR 60-4 establish goals and timetables for participation of minorities and women in the construction industry. These regulations apply to all Federally assisted construction contracts in excess of$10,000. The Recipient shall comply with these regulations and shall obtain compliance with 41 CFR 60-4 from contractors and subcontractors employed in the completion of the Project by including such notices, clauses and provisions in the Solicitations for Offers or Bids as required by 41 CFR 60-4. The goal for the participation of women in each trade area shall be as follows: from April 1, 1981, until further notice: 6.9 percent Exhibit "A" Project No. 05-01-04477 SPECIAL CONDITIONS Page 2 of 4 All changes to this goal, as published in the Federal Register in accordance with the Office of Federal Contract Compliance Programs regulations at 41 CFR 60-4.6, or any successor regulations, shall hereafter be incorporated by reference into these Special Award Conditions. Goals for minority participation shall be prescribed by Appendix B-80, Federal Register, Volume 45,No.194, October 3, 1980, or subsequent publications. The Recipient shall include the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" (or cause them to be included, if appropriate) in all Federally assisted contracts and subcontracts. The goals and timetables for minority and female participation may not be less than those published pursuant to 41 CFR 60-4.6. 3. DISCLOSURE OF FEDERAL PARTICIPATION: No amount of this award shall be used to finance the acquisition of goods or services (including construction services) for the project unless the Recipient agrees to: a. specify in any announcement of the awarding of the contract for the procurement of the goods or services involved (including construction services)the amount of Federal funds that will be used to finance the acquisition; and b. express the amount announced pursuant to paragraph(a) as a percentage of the total cost of the planned acquisition. The foregoing requirements shall not apply to a procurement for goods or services (including construction services) that has an aggregate value of less than $500,000. 4. RECIPIENT AFFIRMATION OF AWARD: This Financial Assistance Award, subject to the other Special Conditions and the Standard Terms and Conditions, shall constitute an obligation to make such Award. If the Recipient fails to affirm its intention to use the Award in accordance with the terms and conditions of this Financial Assistance Award, it will be terminated without further cause. By signing and returning the original Award documents,within thirty (30) days of receipt, the Recipient affirms that it intends to use the Award in accordance with the terms and conditions as above-referenced. 5. LOCAL SHARE: In affirming this Award, the Recipient certifies that the non-federal share of project costs is committed and is available as needed for the project,that the non-federal share is from sources which can be used as match for the EDA project, and that the non-federal share will not affect ownership of, or title to, the project facilities. The Recipient further acknowledges that, prior to award of any construction contracts, it will be required to provide evidence satisfactory to the Government that all funds necessary to complete the project are available. Exhibit "A" Project No. 05-01-04477 SPECIAL CONDITIONS Page 3 of 4 6. REPORT ON UNLIQUIDATED OBLIGATIONS: All Recipients of an EDA grant award of more than $100,000, whose grant has not been fully disbursed as of the end of each reporting period, are required to submit a financial report to EDA, annually, on the status of un-reimbursed obligations. The report will provide information on the amount of allowable project expenses that have been incurred by the Recipient, but not claimed for reimbursement as of the end of the reporting period. The report will be as of September 30 of each year and must be submitted annually until the final grant payment is made by EDA. The report shall be submitted to EDA no later than October 30 of each year. Noncompliance with this requirement will result in the suspension of EDA grant disbursements. Standard Form 269A, Financial Status Report, will be used for this purpose. Instructions for completing and filing the report will be furnished to the Recipient at least 60 days before the report is due. 7. PERFORMANCE MEASURES: The Recipient agrees to report on core program performance measures and project outcomes in such form and at such intervals as may be prescribed by EDA, in compliance with the Government Performance and Results Act of 1993. Performance measures and reporting requirements that presently apply to program activities funded by this investment will be provided in a separate GPRA information collection document. EDA will advise the Recipient, in writing within a reasonable period, prior to the time of submission of the reports, and in the event that there are any modifications in the performance measures. 8. START OF PROJECT: If significant development of plans and specifications (as determined by EDA) is not commenced within two years of approval of the project, or by the date estimated in the grant application (or the expiration of any extension granted, in writing, by EDA), whichever is later,the EDA grant will be automatically suspended and may be terminated if EDA determines, after consultation with the Recipient,that completion cannot be expected to proceed promptly and expeditiously. 9. TITLE: Prior to the disbursement of funds, the Recipient shall provide evidence, satisfactory to EDA, that the Recipient has acquired good and merchantable title, free of all mortgages or other foreclosable liens, to all land, easements and rights-of-way required to complete the project 10, LEASE AGREEMENT: Prior to the final disbursement of funds, the Recipients will submit to EDA, for review and approval, a draft Lease Agreement for tenants who will be locating in the Cedar Valley TechWorks Center(Tech I Building). Exhibit "A" Project No. 05-01-04477 SPECIAL CONDITIONS Page 4 of 4 11. FIRST PRIORITY LIEN: The Recipient expressly agrees to grant to the Government, prior to final Award disbursement, a first priority lien against, or security interest in, the property acquired or improved, in whole or in part, with the funds made available through this Award. This lien or security interest must be perfected in accordance with local law. The Recipient further agrees that, in the event that it alienates in any manner, any interest in the real property acquired or improved with EDA Award funds, the Government shall be entitled to recover damages. EDA's regulation at 13 CFR; Part 314 provides that, upon disposition of property acquired or improved with EDA Award funds, the Government shall be entitled to a recovery based upon the ratio of the percentage of the Government's participation in the total cost of the Project to the fair market value of the property at the time of disposition. For purposes of the lien, the amount of the Government's damages shall be the full amount of the EDA Award, plus interest from the date of the disposition. This lien must remain in effect through the useful life of the Project,which the Government has determined to be fifteen (15) years, as defined in13 CFR; Part 314. Alienation shall include but not be limited to sale, lease, rent, option, or mortgage,with the exception of those leases or rental agreements which the Government approves, in writing, for tenant space in the project facilities. 12. ENVIRONMENTAL REQUIREMENTS: Prior to EDA's approval of bid documents, or the initial disbursement of funds, the Recipient shall provide to EDA: Comments from the U. S. Fish and Wildlife Service and Iowa's Department of Natural Resources, regarding endangered species that could be impacted by the proposed project; Information regarding the landfill (location, capacity, useful life) that will serve the project area; Documentation that the City's water system has adequate capacity to serve the needs of the TechWorks Center; Documentation regarding the types and quantities of wastewater that the TechWorks Center will generate; methods of treatment required; and adequacy of the City's system to treat the wastewater; Documentation that an NPDES permit for construction has been obtained Documentation that clearance (including any preservation measures) for renovation of Building R has been obtained from the State of Iowa's Historic Preservation Officer Form ED-508 U.S. Department of Commerce Attachment No. 1 IRev.4/94) Economic Development Administration PUBLIC WORKS PROJECT COST CLASSIFICATIONS ]EDA Award No. 05-01-04477 State Iowa County Blackhawk Cost Classification Proposed Approved Administrative& legal expenses $0 $0 Land,structures, right-of-way, appraisals, etc. 0 0 Relocation expenses & payments 0 0 Architectural & engineering fees 0 0 Other Architectural & engineering fees 0 0 Project inspection fees 0 0 Site Work 0 0 Demolition and removal 0 0 Construction 3,398,917 3,398,917 Equipment 3,285,096 3,285,096 Miscellaneous 0 0 Contingencies 0 0 TOTAL PROJECT COSTS $6,684,013 $6,684,013 Remarks: None 6i-j /Oz/Ot �'� * ,Y U.S.DEPARTMENT OF COMMERCE __ ' Economic Development Administration • DENVER REGIONAL OFFICE 1�� '' 1244 Speer Boulevard,Room 670 r Denver,Colorado 80204-3584 * * r (303)844-5455 FAX(303)644-3966,-6012 `i,,,,,,N,i,,,.1' MKathrynAlspach(Deda.doc.gov June 25, 2007 In Reply Refer to: Project No. 05-01-04477 Mr. Steven J. Dust, President Cedar Valley TechWorks, Inc. 10 West 4th Street, Suite 310 Waterloo, Iowa 50701-5428 Dear Mr. Dust: We are pleased to inform you and the City of Waterloo that the Economic Development Administration(EDA) has approved a Financial Assistance Award, in an amount not to exceed $1,600,000, in response to your application for federal assistance to renovate a 155,000 sq. ft. building, for reuse as a new technology center, on the campus of Cedar Valley TechWorks in Waterloo. The total project cost of $6,684,013 is based upon the line item estimates shown in Attachment No. 1. President Bush is committed to ensuring that no community or demographic group is excluded from the opportunity to achieve the American dream. The mission of EDA is to lead the federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy. EDA assists states, units of government, and community nonprofit organizations in economically distressed areas by supporting their regional economic development efforts that emphasize innovation and entrepreneurship as the essential elements of regional and national competitiveness in the worldwide economy. Enclosed are four signed copies of the Financial Assistance Award. Your agreement to the terms and conditions of the award should be indicated by the signatures of the principal officials on all of the signed copies of the Financial Assistance Award. Two of the executed copies should be returned to: Mary Kathryn Alspach, Senior Project Officer Infrastructure &Environmental Compliance Division Economic Development Administration 1244 Speer Blvd., Suite 670 Denver, Colorado 80204-3584 f Cedar Valley TechWorks, Inc City of Waterloo June 25, 2007 Page 2 You are cautioned not to make any commitments in reliance on this award, nor to enter into negotiations relative hereto, until you have carefully reviewed the terms and conditions and have determined that you are in compliance or that you can comply therewith. Any commitments or undertakings entered into prior to obtaining the approval of the Government in accordance with its regulations and requirements will be at your own risk. Sincerely Robert E. Olson, Regional Director Enclosures l"