Loading...
IEDA Agreement - Community Development Block Grant COVID-19 (CDBG-CV) Funds Copyrighted December 21, 2020 City of Dubuque Consent Items # 21. City Council Meeting ITEM TITLE: lowa Economic DevelopmentAuthorityAgreementto Spend Community Development Block Grant COVI D-19 (CDBG-CV) Funds SUM MARY: City Manager recommending approval of an agreement with the lowa Economic Development Authority to receive, administer and disburse to the community CDBG-CV funding in the amount of$521,469. RESOLUTION Approving an agreement between the City of Dubuque and the I owa Economic Development Authority to receive, administer and disburse Community Development Block Grant COVI D-19 (CDBG- CV)funding SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type IEDAAgreementto Spend CDBG-CV Funds-MVM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Agreement with I EDA Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: lowa Economic Development Authority Agreement to Spend CDBG-CV Fund DATE: December 16, 2020 The lowa Economic Development Authority received CARES Act funding and wishes to distribute that funding to Community Development Block Grant (CDBG) Entitlement Communities. The City of Dubuque is an Entitlement Community. Housing & Community Development Director Alexis Steger recommends City Council approval of an Agreement with the lowa Economic Development Authority to receive, administer and disburse to the Community CDBG-CV funding in the amount of $521,469. The City of Dubuque proposed using those funds to expand the Utility and Rent Assistance Program, as well as partner with a community non-profit to provide Rapid Re-Housing, as just a couple of activities that were identified as urgent need for low- moderate income residents affected by COVID-19. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis M. Steger, Housing & Community Development Director Dubuque City of Dubuque THE CITY OF � Housing& Community All•AreerieaE�y � Development �uB E ������ ����� 7350 W. 6th Street, Suite 312 1 I EOPPORTUHS7Y 1�UUUClUe� lA SZOO I Z007«2012+2013 Masterpiece on the Mississippi 2017*2019 Office (563) 589-4230 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing & Community Development Director DATE: December 16, 2020 RE: lowa Economic Development Authority Agreement to spend CDBG-CV Funds BACKGROUND The lowa Economic Development Authority (IEDA) received CARES Act funding, and wishes to distribute that funding to Community Development Block Grant (CDBG) Entitlement Communities. The City of Dubuque is an Entitlement Community. DISCUSSION Per the attached agreement, the IEDA is providing the City of Dubuque $521,469 in CARES Act funding, also known as CDBG-CV funds. The City of Dubuque proposed using those funds to expand the Utility and Rent Assistance Program, as well as partner with a community non-profit to provide Rapid Re-Housing, as just a couple of activities that were identified as urgent need for low-moderate income residents affected by COVID-19. To utilize these fund the City of Dubuque must follow all federal requirements for the use of CDBG CARES Act funds, including environmental reviews for each project. This is not out of the ordinary, and is completed for all CDBG funds that the City receives. Additionally, the City must ensure that no person receiving the CDBG-CV funds is getting funding for the same purpose elsewhere. This is called a Duplication of Benefits check. Although this is always a federal requirement, it has become much more difficult with many funding sources in the area for the same purpose of helping those in need during the pandemic. Therefore, the agreement requires the City of Dubuque formally adopt a policy in regards to Duplication of Benefits processes and procedures. This will be adopted at a later date as more information is provided by the IEDA. All funds must be spent by July 31, 2023. REQUESTED ACTION I respectfully request the City Council approve the attached Agreement with the lowa Economic Development Authority to receive, administer and disburse to the community CDBG-CV funding in the amount of$521,469. Service People Integrity Responsibility Innovation Teamwork Prepared by Alexis Steger Housing & Community Devel 350 W. 611 St Suite 312 (563) 690 6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131h St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 373-20 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY TO RECEIVE, ADMINISTER AND DISBURSE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COVID-19 (CDBG-CV) FUNDING WHEREAS, the Agreement allows the City of Dubuque to receive, administer, and disburse CDBG-CV funds; and WHEREAS, the City of Dubuque desires to disburse grant funds 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 City of Dubuque submitted an Application for funding to the Iowa Economic Development Authority and the Application has been approved; and WHEREAS, the City of Dubuque desires to enter into an agreement with the Iowa Economic Development Authority for necessary funding to help the community prepare for, respond to and recover from COVID-19. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The Agreement is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute such Agreement on behalf of the City of Dubuque, Iowa. Section 3. The City Council grants the authority to the City Manager or the City Manager's designee to manage the agreement and act in accordance with the terms of the agreement. Passed, approved and adopted this 21 st day of December, 2020. Roy D. Buol, Mayor Attest: Adrienne Breitfelder, City berk IOWA ECONOMIC DEVELOPMENT AUTHORITY ENTITLEMENT COMMUNITY DEVELOPMENT BLOCK GRANT COVID-19 PROGRAM CONTRACT RECIPIENT: City of Dubuque CONTRACT NUMBER: 20-CVE-004 EFFECTIVE DATE: December 9, 2020 AWARD AMOUNT: $521,469 END DATE: July 31, 2023 THIS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COVID-19 ("CDBG-CV") CONTRACT is made by and between the IOWA ECONOMIC DEVELOPMENT AUTHORITY, 1963 Bell Ave, Suite 200, Des Moines, lowa 50315 ("Authority") and "Recipient", effective as of the date stated above. WHEREAS,the Authority is designated to receive, administer, and disburse CDBG-CV funds; and WHEREAS,the Authority 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 Authority and the Authority has approved the Application; and WHEREAS, in approving the Application the Authority has relied upon the Recipient's 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 Authority that the primary purpose for obtaining CDBG-CV 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 Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act. 1.2 ACTIVITY. "Activity" means the description of eligible work, services, and other accomplishments, as authorized by Section 105 of the "Act" and as further defined in 24 CFR 570.482, as revised April 1, 1997. Activities were submitted by the Recipient to the Authority in its request for CDBG- CV funds. Activities can be found in the line items in the Recipient's "Budget Activity" in IowaGrants.gov account and have specific performance targets. 1.3 ADMINISTRATIVE CODE. "Administrative Code" means 261 lowa Administrative Code, Chapter 23. lowa Administrative Code is the composite of all rules adopted and administered by the executive branch to implement state law and policy. 1.4 ALLOWABLE COSTS. "Allowable Costs" are those costs which are identified in the "Budget Activity",Application, and consistent with Federal regulations and guidelines applicable to the CDBG-CV program. 1.5 APPLICATION. "Application" is the Application the Recipient submitted to the Authority for CDBG-CV funds. 1.6 BUDGET. "Budget" means the "Budget Activity" as found in the Recipient's IowaGrants.gov account. 1.7 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COVID-19 (CDBG-CV). "Community Development Block Grant Program" means the grant program authorized by Title I of the Housing and Community Development Act of 1974, as amended and the Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act 1.8 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-CV grant Application together with any related submittal documents. 1.9 END DATE. "End 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 herein as of the end date stated above; or b)the Contract is terminated by the Authority 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 A of this Contract. 1.10 GRANT. "Grant" means the award of CDBG-CV funds to the Recipient for Project activities. 1.11 HUD. "HUD" means the U.S. Department of Housing and Urban Development. 1.12 IOWAGRANTS.GOV. "lowa Grants.gov" means lowa's Funding Opportunity Search and Grant Management System. This system allows grant applicants and recipients to electronically apply for and manage grants received by the state of lowa. Persons accessing the system for this purpose are required to register online at www.lowaGrants.gov. 1.13 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, HOME income guidelines. Unrelated individuals living together shall be considered as one-person families for this purpose. 1.14 LOW-AND MODERATE-INCOME PERSONS. "Low-and Moderate- Income Person" means a member of a low-and moderate-income family as defined above. 1.15 PROJECT. "Project" means the totality of"Activity",to be performed by the Recipient as described in the application the Recipient submitted in IowaGrants.gov and approved by the Authority. 1.16 RECIPIENT. "Recipient" means the entity identified above that has been selected to receive Program funds to undertake the funded Project and agrees to comply with all applicable CDBG requirements, including those found in Title I of the Housing and Community Development Act of 1974 (42 USC 5302 et seq.),the CDBG program regulations at 24 CFR part 570, and any other HUD funded program as applicable including the CARES Act. For purposes of this agreement the "Recipient" shall also be considered to meet the definition and qualifications as a " Subrecipient" as defined in 2 CFR 200.93 and 2 CFR 200.330 and agrees to receive this " Subaward" as defined in 2 CFR 200.92. ARTICLE 2 FUNDING 2.1 FUNDING SOURCE. The source of funding for the Grant is the Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act. 2.2 RECEIPT OF FUNDS. All payments under this Contract are subject to receipt by the Authority of sufficient Federal funds for the CDBG-CV program. Any termination, reduction or delay of CDBG funds to the Authority shall, at the option of the Authority, 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 Authority 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. 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 sixty(60) days after the End Date,then the Authority shall be under no obligation for further disbursement. The Authority 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 A to this Contract. 2.5 EIGHTY PERCENT EXPENDITURE REQUIREMENT. By May 2023, eighty percent of the awarded CDBG-CV must be claimed in the IowaGrants system for eligible expenses. 2.6 SEVENTY PERCENT OF FUNDS TO BE SPENT ON LOW-TO MODERATE INCOME NATIONAL OBJECTIVE. By the end of the contract,the recipient must demonstrate in a manner provided for by the Authority that seventy percent of the funds was spent to meet the low-to moderate income national objective. 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 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 Authority for any item of work or service shall conform to the "Budget Activity" as found in the Recipient's IowaGrants.gov account. It is further understood and agreed that the total of all payments to the Recipient by the Authority 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 A. 3.3 ADMINISTRATION. This Contract shall be administered in accordance with "Administrative Code" and all applicable State and Federal laws and regulations, including the lowa Community Development Block Grant Management Guide, which has been distributed by the Authority to the Recipient. 3.4 SATISFACTORY PERFORMANCE. All projects will be evaluated using CDBG regulations and the additional requirements found in FR-6218-N-01: Notice of Program Rules, Waivers, and Alternative Requirements Under the CARES Act for CDBG-CV Grants, FY 2019 and 2020 CDBG Grants, and for Other Formula Programs. 3.5 DUPLICATION OF BENEFITS. All projects will be evaluated to ensure that there are adequate procedures in place to prevent any duplication of benefits as required by section 312 of the Stafford Act, as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254; 42 U.S.C. 5121 et seq.). The Recipient must adopt the Duplication of Benefits policies and procedures as provided by the Authority or create its own policies and procedures for implementation of CDBG- CV funds. If the Recipient uses its own policies and procedures, it must clearly define how the entity will research potential Duplication of Benefits, calculate the Duplication of Benefits and collect all documentation for each project activity. The Recipient's Duplication of Benefits policies and procedures must be approved by the Authority before CDBG-CV funds will be released. Per the Authority's Duplication of Benefits policies and procedures, at least one activity has been identified as high risk for Duplication of Benefits. 3.6 PRE-AGREEMENT COSTS. Pre-agreement and pre-award costs are reimbursable with prior approval from IEDA. Costs incurred before March 9, 2020 will not be reimbursed. On this date, the Governor made a Proclamation of Disaster Emergency to coordinate the State of lowa's response to the Novel Coronavirus 2019 (COVID-19) outbreak. Recipient shall comply with all environmental requirements set out at 24 CFR 58. If the Recipient does not comply with all requirements at 24 CFR Part 58 and cannot demonstrate there was no harm to the environment, IEDA will not reimburse pre-agreement or pre-award costs ARTICLE 4 PERFORMANCE TARGET ACHIEVEMENT 4.1 PERFORMANCE TARGETS. By the End Date,the Recipient shall have accomplished the activities and performance targets as described in the "Budget Activity", and as further elaborated in the Application, as approved by the Authority. 4.2 DETERMINATION OF CONTRACT PERFORMANCE. The Authority has the final authority to assess whether the Recipient has met their performance targets by the End Date. The Authority shall determine completion according to the performance targets set forth in the "Budget Activity". The Authority 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 Authority,the work activities and services as written and described in the approved grant proposal (Application) as summarized in the Recipient's approved Community Development Block Grant"Budget Activity". 5.2 PROGRAM INCOME. Proceeds generated from the use of CDBG funds are considered program income when the total amount received by the Recipient in a fiscal year exceeds$35,000, at which time the entire$35,000 and excess are considered program income. Prior to the End Date, all program income shall be expended prior to requesting additional CDBG funds. Program income received by the Recipient after the End Date shall be returned to the Authority unless the Recipient has submitted, and the Authority has approved, a re-use plan. If applicable, 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 shall be subject to prior approval of the Authority through the contract 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. Budget revisions requested during the final ninety(90) days of the Contract period will be approved by the Authority only if it determines that the revisions are necessary to complete the Project. S.S COST VARIATION. (a) In the event that the total Project cost is less than the amount specified in the Agreement and the "Budget Activity",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 Authority. (b) In the event that the total Project cost is greater than the amount specified in the "Budget Activity",the Authority shall, 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. The consideration of an increase of CDBG funds for a Project shall be subject to availability of funds, determination of reasonable and allowable costs, and all other applicable program rules. (c) The Recipient may request the Authority to increase the CDBG participation to an amount that is higher than the proportional ratio. The Authority may permit such a higher increase if, in the Authority's judgment,the Recipient has demonstrated financial hardship. ARTICLE 6 CONDITIONS TO DISBURSEMENT OF FUNDS Unless and until the following conditions have been satisfied, the Authority 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 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 lowa CDBG Management Guide. In addition, construction contracts for non-exempt activities shall not be executed and construction shall not begin prior to providing the Authority 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 Memorandum of Understanding between the lowa Economic Development Authority and the lowa State Historic Preservation Office, applicable to any activities included in this contract. 6.3 PERMITS AND LICENSES. The Authority reserves the right to withhold funds until the Authority 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 Authority, 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 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(I)of the Housing and Community Development Act of 1974, as amended. 6.5 RESIDENTIAL ANTI/DISPLACEMENT AND RELOCATION ASSISTANCE PLAN APPROVAL. The Authority, prior to release of funds under this Contract, shall review and approve the Recipient's Residential Anti/Displacement and Relocation Assistance Plan, consistent with the requirements of Section 104(d) of the Housing and Community Development Act of 1974, as amended. 6.6 EQUAL OPPORTUNITY POLICY. The Authority, prior to release of funds under this Contract, shall review and approve the Recipient's equal opportunity policy, consistent with Section 109 of the Housing and Community Development Act of 1974 as amended. 6.7 PROCUREMENT POLICY. The Authority, prior to release of funds under this Contract, shall review and approve the Recipient's procurement policy, consistent with 2 CFR 200.318. 6.8 FAIR HOUSING POLICY. The Authority, prior to release of funds under this Contract, shall review and approve the Recipient's fair housing policy, consistent with Section 109 of the Housing and Community Development Act of 1974 as amended. 6.9 CODE OF CONDUCT. The Authority, prior to release of funds under this Contract, shall review and approve the Recipient's code of conduct, consistent with 2 CFR 200.318. 6.10 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. 6.11 SUBRECIPIENT AGREEMENT. For each activity utilizing a non-profit for implementation the Recipient shall upload an executed subrecipient agreement to IowaGrant.gov. No funds will be released for that activity unless the required subrecipient agreement has been uploaded. All subrecipient agreements must include Duplication of Benefits requirements and a claw back provision. 6.12 DUPLICATION OF BENEFITS POLICY.The recipient shall upload a Duplication of Benefits Policy that has been approved by the City. No funds will be released for that activity unless the required policy has been uploaded and approved by the Authority. ARTICLE 7 REPRESENTATIONS AND WARRANTIES OF RECIPIENT To induce the Authority 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 Authority 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 Authority for 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 Application to the Authority. 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 EFFECTIVE 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 the Authority,the Recipient covenants with the Authority that: (a) PROJECT WORK AND SERVICES. The Recipient shall perform the work and services detailed in the "Budget Activity" by the 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 Authority. 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. After the Recipient has submitted its 1st Request for Payment the Recipient, shall continue to submit Request for Payment at least semiannually for each "Budget Activity". The Authority reserves the right to require more frequent submission of the Activity Status Report than as shown below if, in the opinion of the Authority, more frequent submissions would help improve the Recipient's CDBG-CV program. REPORT FREQUENCY Request for Payment/Activity Status Report At least every 6 months Section 3 Annually(if applicable) Updates to the Applicant/Recipient Disclosure As needed due to changes Report Form 3-D, Income and Ethnicity of recipients Quarterly or more frequently as directed by IEDA Single Audit Form Within 30 days of audit completion (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 the greater of three years after the date the recipient is notified that the state CDBG contract has been closed with HUD, or the period required by other applicable laws and regulations as described in § 570.487 and § 570.488. 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 Authority, its representatives or the State Auditor,to examine, audit and/or copy(i) any plans and work details pertaining to the Project, (ii) any or 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 Authority. (f) DOCUMENTATION. The Recipient shall deliver to the Authority, 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 the Authority of the initiation of any claims, lawsuits or proceedings brought against the Recipient. (h) INDEMNIFICATION. The Recipient shall indemnify and hold harmless the Authority, its officers and employees from and against any and all losses in connection with the Project. (i) NOTICE TO AUTHORITY. 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 Authority. (j) CERTIFICATIONS. The Recipient certifies and ensures 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: (i) Financial Management guidelines issued by the U.S. Office of Management and Budget, OMB 2 CFR part 200, subpart E. (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 lowa Civil Rights Act of 1965; Chapter 19B.7, Code of lowa, and lowa Executive Order#34, dated July 22, 1988; lowa Code Chapter 216, Presidential Executive Order 11063, as amended by Executive Order 12259; Presidential Executive Order 11246, as amended by Presidential Executive Order 11375; 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 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) Requirements for the Notification, Evaluation, and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Final Rule (24 CFR Part 35, et al.); 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 anti-displacement and relocation assistance plan; and Section 105(a)(11) of the Housing and Community Development Act of 1974, as amended,governing optional relocation assistance. (xi) Administrative rules adopted by the lowa Economic Development Authority, 261 lowa Administrative Code. (xii) Financial and Program Management guidelines issued by the lowa Economic Development Authority; the lowa CDBG Management Guide; and the Authority 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(I) 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 ACTIVITY PROPERTY AND INSURANCE. The following provision shall apply to the project as appropriate. 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 its industry. This insurance shall be in an amount not less than the full insurable value of the Project property. The subrecipient shall name the Recipient and Authority as mortgagees and/or an additional loss payees, as appropriate. The Recipient shall name the Authority as a mortgagee and/or an additional loss payee, as appropriate. The Recipient or subrecipient shall maintain copies of the policies as appropriate. 8.2 NEGATIVE COVENANTS. During the Contract term the Recipient covenants with the Authority that it shall not,without the prior written disclosure to and prior written consent of the Authority, directly or indirectly: (a) ASSIGNMENT. Assign its rights and responsibilities under this Contract. (b) ADMINISTRATION. Discontinue administration 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 Authority by, or on behalf of,the Recipient in connection with this Contract or to induce the Authority to make a grant to the Recipient shall be determined by the Authority to be incorrect,false, misleading or erroneous in any material respect when made or furnished and shall not have been remedied to the Authority's satisfaction within thirty (30) days after written notice by the Authority 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) END DATE. If the Project, in the sole judgment of the Authority, is not completed on or before the End Date. (d) MISSPENDING. If the Recipient expends Grant proceeds for purposes not described in the Application,this Contract, or as authorized by the Authority. (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 Authority,there is insufficient insurance coverage. This provision applies to the project as appropriate. 9.2 NOTICE OF DEFAULT. In the event of default,the Authority 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,the Authority shall have the right in addition to any rights and remedies specifically to it to do one or more of the following: (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 Authority to be in default of this Contract due to meeting less than one hundred percent(100%) of its Performance Targets,the Authority may require full Grant repayment or, at its discretion,the Authority may require partial repayment of Grant proceeds which allows partial credit for the performance targets which have been met, or the Authority may require other remedies that the Authority determines to be appropriate. For Housing rehabilitation projects only, performance targets shall include income targeting and affordability requirements as required in 261 Administrative Code 25.4(1). 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: (a) Budget Activity, as found in Recipient's IowaGrants.gov account. (b) IEDA's Entitlement CDBG-CV Guidelines (c) Application, "CDBG-CV Application", as found in Recipient's IowaGrants.gov account. (d) Attachment A, "CDBG Program General Provisions", dated October 3, 2018. (e) Duplication of Benefits Policies and Procedures (f) "lowa Community Development Block Grant Management Guide", as found on the Authority's website at www.iowaeconomicdevelopment.com/Community/CDBG. 10.2 ORDER OF PRIORITY. In the event of a conflict between documents of this Contract,the following order of priority shall govern: (a) Articles 1 through 11 herein. (b) Attachment A, "CDBG Program General Provisions", dated October 3, 2018. (c) Budget Activity, as found in Recipient's IowaGrants.gov account. (d) Duplication of Benefits Policy and Procedures (e) IEDA's Entitlement CDBG-CV Guidelines (f) Application, "CDBG Application", as found in Recipient's IowaGrants.gov account. (e) "lowa Community Development Block Grant Management Guide", as found on the Authority's website at www.iowaeconomicdevelopment.com/Community/CDBG. 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 shall be returned to the Authority. 11.2 BINDING EFFECT. This Contract shall be binding upon and shall inure to the benefit of the Authority 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 Authority. 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 funding request, notice, report, or written request by one party to another, it shall be in delivered through IowaGrants.gov. Alternately the Authority may rely on the United States Mail as the Authority deems appropriate. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or two (2) business days after posting. The Authority 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 Authority 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 Authority 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 Authority shall preclude future exercise thereof or the exercise of any other right or remedy. 11.7 LIMITATION. It is agreed by the Recipient that the Authority 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 Authority 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. 11.11 IOWAGRANTS.GOV. The Authority reserves the right to require the Recipient to utilize the IowaGrants.gov system to conduct business associated with this Contract. IN WITNESS WHEREOF, the parties have executed this Contract as of the Effective Date first stated. RECIPIENT: X-C BY: Rov Mayor Typed or Printed Name and Title IOWA ECONOMIC DEVELOPMENT AUTHORITY: BY: Deborah V. Durham, Director , COO, Jan 6, 2021 ATTACHMENT A GENERAL PROVISIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1.0 AMENDMENT. (a) WRITING REQUIRED. The Contract will only be amended through written prior approval of the Authority through IowaGrants.gov. 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,the Authority may unilaterally modify the Contract at will in order to accommodate any change in the Act or any change in the interpretation of the Act or any 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) AUTHORITY REVIEW. The Authority will consider whether an amendment request is so substantial as to necessitate reevaluating the Authority'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; if it does not meet requirements set forth in lowa Administrative Code 261-23, as applicable; or if it conflicts 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; OMB 2 CFR part 200, subpart E; and OMB 2 CFR part 200, subpart F, as applicable; and the lowa CDBG Management Guide. (b) ADDITIONAL AUDIT. As a condition of the grant to the Recipient, the Authority 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 including all Federal laws and regulations described in 24 CFR subpart K. 4.0 UNALLOWABLE COSTS. If the Authority 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 the Authority's final determination of the disallowance of costs. Appeals of any determinations will be handled in accordance with the provisions of Chapter 17A, lowa Code. If it is the Authority's final determination that costs previously paid by the Authority are unallowable under the terms of the Contract,the expenditures will be disallowed and the Recipient will repay to the Authority any and all disallowed costs. Real property under the Recipient's control in excess of$25,000 and equipment that was acquired or improved in whole or in part with CDBG funds shall be used to meet one of the National Objectives pursuant to 24 CFR 570.208 until five (5)years after expiration of the Agreement. If Recipient fails to use CDBG assisted real property that meets a National Objective during the five (5) year period the Recipient shall pay IEDA an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition or improvement to the real property. 5.0 PROGRAM INCOME. All program income, as defined in 2 CFR part 200, subpart E; 24 CFR 570.489; and lowa Administrative Code 261-23, if applicable; shall be added to the Project "Budget Activity" and used to further eligible Project objectives as defined in the Contract and the "Budget Activity" in the CDBG Application for funding. Program income not used to further Project objectives will be deducted from the total Project "Budget Activity" for the purpose of determining the amount of reimbursable costs under the Contract. In cases of dispute,final decisions regarding the definition or disposition of program income shall be made by the Authority. 6.0 INTEREST EARNED. To the extent that interest is earned on advances of CDBG funds,this interest shall be returned to the Authority, except that the Recipient may keep interest amounts of up to $100 per year for administrative expenses. 7.0 SUSPENSION. When the Recipient has failed to comply with the Contract, award conditions or standards,the Authority 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 the Authority.The Authority may allow such necessary and proper costs which the Recipient could not reasonably avoid during the period of suspension provided the Authority concludes that such costs meet the provisions of HUD regulations issued pursuant to OMB 2 CFR part 200, subpart E. 8.0 TERMINATION. (a) FOR CAUSE. The Authority may terminate the Contract in whole, or in part, whenever the Authority determines that the Recipient has failed to comply with the terms and conditions of the Contract. (b) FOR CONVENIENCE. The Parties 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 the Authority,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. The Authority 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 Activity". The Recipient shall not incur new obligations beyond the effective date and shall cancel as many outstanding obligations as possible. The Authority's share of noncancelable obligations which the Authority 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 the Authority's option, become the property of the Authority. (c) RETURN OF FUNDS. The Recipient shall return to the Authority all unencumbered funds within one week of receipt of the notice of termination. Any costs previously paid by the Authority which are subsequently determined to be unallowable through audit, monitoring, or closeout procedures shall be returned to the Authority 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 Authority, including the fees and expenses of its attorneys, experts and agents, in connection with the exercise or enforcement of any of the rights of the Authority under this Contract. 11.0 INDEMNIFICATION. The Recipient shall indemnify and hold harmless the Authority, its officers and employees, from and against any and all losses, accruing or resulting from any and all claims 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, and from any and all claims and losses accruing or resulting to any person,firm or corporation who may be injured or damaged by the Recipient in the performance of this Contract. 12.0 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 lowa,the "lowa Public Officials Act", shall be adhered to by the Recipient, its officials and employees. 13.0 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. 14.0 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, sexual orientation, gender identity,familial status, 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, sexual orientation,familial status, gender identity, or physical or mental disability. Such action shall include, but may not be limited to,the following: employment, upgrading, promotion, 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. Upon the State's written request, the Recipient shall submit to the State a copy of its affirmative action plan, containing goals and time specifications, and accessibility plans and policies as required under lowa Administrative Code chapter 11-121. (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, sexual orientation, gender identity, physical or mental disability, or familial status. (c) SOLICITATION AND ADVERTISEMENT. The Recipient shall list all suitable employment openings in the State Employment Service local offices or shall list all suitable employment openings with lowa Workforce Development's IowaJobs web site found at https://wwwl.iowajobs.org/. (d) CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. The Recipient shall comply with all relevant provisions of the lowa Civil Rights Act of 1965 as amended; Chapter 19B.7, and Chapter 216, Code of lowa; 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 lowa or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State of lowa to investigate compliance with these rules and regulations. (e) 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 awarding any Federal contract, making any Federal grant, making any Federal loan, entering into 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. (iv) 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. (f) 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 activity, or Project. (g) 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 CFT Part 100 and 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. (h) LEAD-BASED PAINT HAZARDS. The Recipient shall comply with requirements of the Notification, Evaluation, and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Final Rule (24 CFR Part 35, et al.); Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4821 -4846), as amended, and implementing regulations. (i) SECTION 3 COMPLIANCE. The Recipient shall comply with provisions for training, employment, and contracting in accordance with 24 CFR part 135, Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): (i) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall,to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (ii) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3.As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. (iii) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions,the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (iv) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135.The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. (v) The contractor will certify that any vacant employment positions, including training positions,that are filled (1) after the contractor is selected but before the contract is executed, and (2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 135. (vi) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (vii) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b)agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). (j) 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 lowa may take further action, imposing other sanctions and invoking additional remedies as provided by the lowa Civil Rights Act of 1965 (Chapter 216, Code of lowa) or as otherwise provided by law. (k) 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 lowa, and said provisions will be binding on each subcontractor. The Recipient will take such action with respect to any subcontract as the State of lowa 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 provider as a result of such direction by the State of lowa,the Recipient may request the State of lowa to enter into such litigation to protect the interests of the State of lowa. 15.0 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). 16.0 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 Authority 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. 17.0 PROHIBITED ACTIVITIES. In accordance with 24 CFR 570.207 (a): The following activities may not be assisted with CDBG funds: (a) BUILDINGS OR PORTIONS THEREOF, USED FOR THE GENERAL CONDUCT OF GOVERNMENT AS DEFINED AT§ 570.3(D) CANNOT BE ASSISTED WITH CDBG FUNDS. This does not include, however,the removal of architectural barriers under§ 570.201(c) involving any such building. Also, where acquisition of real property includes an existing improvement which is to be used in the provision of a building for the general conduct of government,the portion of the acquisition cost attributable to the land is eligible, provided such acquisition meets a national objective described in § 570.208. (b) GENERAL GOVERNMENT EXPENSES. Except as otherwise specifically authorized in this subpart or under 2 CFR part 200, subpart E, expenses required to carry out the regular responsibilities of the unit of general local government are not eligible for assistance under this part. (c) POLITICAL ACTIVITIES. CDBG funds shall not be used to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as candidate forums,voter transportation, or voter registration. However, a facility originally assisted with CDBG funds may be used on an incidental basis to hold political meetings, candidate forums, or voter registration campaigns, provided that all parties and organizations have access to the facility on an equal basis, and are assessed equal rent or use charges, if any. 18.0 FEDERAL GOVERNMENT RIGHTS. If all or a portion of the funding used to pay for the Deliverables is being provided through a grant from the Federal Government, recipient, subrecipient, contractor,subcontractor, or provider acknowledges and agrees that pursuant to applicable federal laws, regulations, circulars and bulletins, the awarding agency of the Federal Government reserves certain rights including, without limitation a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes, the Deliverables developed under this Contract and the copyright in and to such Deliverables. 19.0 IOWA ECONOMIC DEVELOPMENT AUTHORITY FRAUD AND WASTE POLICY. The Authority has zero tolerance for the commission or concealment of acts of fraud,waste, or abuse. Allegations of such acts will be investigated and pursued to their logical conclusion, including legal action where warranted.