FEMA Buyout Grant Agreement for Flood Damaged PropertiesMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 2011 FEMA Buyout Grant Agreement - Flood
Damaged Properties
DATE: May 1, 2012
Dubuque
bierd
All-America City
1
2007
Planning Services Manager Laura Carstens recommends City Council approval of the
City of Dubuque's 2011 Hazard Mitigation Grant Program Buyout Agreement with the
Iowa Homeland Security and Emergency Management Division for acquisition and
removal of four flood damaged properties in the Manson Road /Old Mill Road area.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Masterpiece on the Mississippi
Dubuque
NI MI acily
2007
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager -103C--'
SUBJECT: 2011 FEMA Buyout Grant Agreement - Flood Damaged Properties
DATE: April 30, 2012
Introduction
Flood plain properties sustaining substantial damage in the 2011 floods are eligible for
the Federal Emergency Management Agency (FEMA) Buyout Program on a voluntary
basis. Owners of the four impacted and qualifying properties in the Manson Road /Old
Mill Road area have requested buyouts.
This memo transmits the City of Dubuque's 2011 Hazard Mitigation Grant Program
(HMGP) Buyout Agreement with the Iowa Homeland Security and Emergency
Management Division for acquisition and removal of the four flood damaged properties,
for City Council review and approval. A resolution and other documents are attached.
Attachment 1 is the property list. Attachment 2 is a vicinity map of the location of the
four properties. Attachment 3 is the Administrative Plan that outlines how the buyouts
will happen, process and procedures for relocation benefits, appeals, etc. Attachment 4
is the 2011 HGMP Buyout Agreement for the project. Attachment 5 is an administrative
contract with ECIA. Attachment 6 is an agreement with Dubuque County Abstract and
Title Company for abstract services.
Discussion
Acquisition of repetitively flood- damaged property is a high priority for the City of
Dubuque, as stated in the Local Hazard Mitigation Plan. The City historically has
received periodic flood water inundations, mostly resulting from flash floods, with Catfish
Creek being the primary source in the south part of the community, with increasing
frequency, duration and depth over the past 15 to 20 years.
Planning Services staff has been working with East Central Intergovernmental
Association (ECIA) to facilitate the buyout of four properties that sustained substantial
damage in the July 2011 flood event in the Catfish Creek flood plain. Three of these
properties sustained damage to a degree that they must be demolished prior to the City
obtaining ownership through the FEMA Buyout Program.
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2011 FEMA Buyout Grant Agreement — Flood Damaged Properties
The property at 1580 Old Mill Road (Biedermann) was the one that burned during the
course of the flood. The two properties at 1658 Manson Road (Beining) and 1654
Manson Road (Thorpe) have had portions of their foundations collapse, making them a
threat of imminent collapse. A request was filed with the State for the use of FEMA
Public Assistance funds for demolition and related costs for these three properties. The
fourth property at 1711 Old Mill Road (Lin) has suffered structural damage to the
foundation, but not to extent that it poses a threat of imminent collapse.
These structures have a documented history of flood damage and have flooded on
more than one occasion. None of the properties were insured by the National Flood
Insurance Program (NFIP), leaving the owners with limited resources for repair of their
substantially damaged properties. This project proposes to acquire these properties
and convert them to open space by removing all structures.
Acquisition and demolition of these properties will remove flood -prone residents from
harm's way and eliminate damages caused by flooding and future need for emergency
response personnel. Removal of these properties also will reduce the number of
structures in the flood plain, thereby reducing potential property damage in the future.
Budget Impact
The total amount of this 2011 HMGP Buyout Agreement is $670,318.00. The federal
share will be up to $502,738.00 or 75% of costs. The state share will be up to
$67,031.00 or 10% of costs. The 15% City share of $100,549 is included in the
Engineering Department's new FY2013 Flood Plain Buyout CIP #101 -2419. The City's
G.O. bond sale scheduled for June 4, 2012 will include the City's cost share for the
project, per Budget Director Jenny Larson.
The $36,000 administrative contract with ECIA includes pre -award costs of $6,000 for
professional services in project development and $30,000 for management of the
project from grant award to project closeout (36 months). These tasks include
communication with property owners, request and award bids for legal costs, demolition
and debris removal, file quarterly reports and related documentation.
Recommendation
I recommend City Council approval of the resolution and authorization for the Mayor to
sign the 2011 HMGP Buyout Agreement, the ECIA administrative contract, and the an
agreement for abstract services for the project.
Attachments
cc: Jenny Larson, Budget Director
Kyle Kritz, Associate Planner
Gus Psihoyos, City Engineer
F: \USERS \LCARSTEN \WP \COUNCIL \HMGP Application \Memo MVM FEMA Buyout Agreement.doc
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Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St, Dubuque, IA 52001 Telephone: 589 -4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St, Dubuque, IA 52001 Telephone: 589 -4121
RESOLUTION NO. 113 -12
RESOLUTION AUTHORIZING 2011 HMGP GRANT AGREEMENT AND RELATED
CONTRACTS FOR BUYOUT OF FOUR FLOOD DAMAGED PROPERTIES
Whereas, the City of Dubuque has identified the buyout of four flood damaged properties
in the Manson Road /Old Mill Road area that qualify for the HMGP buyout funds; and
Whereas, the Iowa Homeland Security and Emergency Management Division has
awarded Hazard Mitigation Grant Program (HMGP) funds to the City of Dubuque for buyout of
the four flood damaged properties.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to sign the 2011 HMGP Buyout Agreement
for the buyout of the four flood damaged properties in the Manson Road /Old Mill Road area.
Section 2. The Mayor hereby is authorized to sign the administrative contract with ECIA
(East Central Intergovernmental Association) and the legal services contract with Dubuque
County Abstract and Title Company for the buyout of the four flood damaged properties.
Section 3. The City Council hereby provides its written assurance that the required local
match for the 2011 HMGP Buyout Agreement will be provided and made available, and agrees
to abide by all local, state and federal requirements applicable to the project.
Passed, approved and adopted this 7th day of May
Attest:
47t/
/
K- uIn . Firnstahl, City +'rk
2012.
1)4./
Roy D, : uol, Mayor
F:\ USERS \LCARSTEN\WP \COUNCIL\HMGP Application \Resolution 2011 HMGP buyout agreement.doc
Dubuque 2011 HMGP Buyout Application Att. 1
HMGP Buyout Application Property Owner List:
James L. Beining
1658 Manson Road
Dubuque IA 52003
Legal Description: Lot 1 Papke Place and Lot 1 of 2 of 2 of 1 of 4 Mineral Lot 501,
except that portion taken for highway purposes.
Zane Thorpe
c/o Monte Thorpe
1654 Manson Road
Dubuque IA 52003
Legal Description: Lot 2 of 2 of 1 of 1 of 1 of 1 of 1of 1 of 2 of 1 of 4 Mineral Lot 501.
Jan and Ed Biedermann
1580 Old Mill Road
Dubuque IA 52003
Legal Description: Lot 2 of 2 of 1 Mineral Lot 507.
Ken Lin
1711 Old Mill Road
Dubuque IA 52003
Legal Description: Lot 2 of 2 of 2 of 2 of 1 of 4 Mineral Lot 501.
Base Data Provided by Dubuque County GIS
THE CITY OF
DUB UE
Masterpiece on the Mississippi
Dubuque
1'II!
Vicinity Map
1580 & 1711 Old Mill Road;
1654 & 1658 Manson Road
Legend
Buy -Out Properties
N
Path: H.IPlanning Servrces\Vic nity Maps)ZAC Vicinity Mapslprojects\Flooded Properties to be Fenced (kyle) 11_01_11.mxd
ADMINISTRATIVE PLAN
VOLUNTARY ACQUISITION OF
FLOOD DAMAGED PROPERTIES
IN ACCORDANCE WITH THE
FEMA HAZARD MITIGATION
PROGRAM
CITY OF DUBUQUE
ADOPTED BY THE DUBUQUE CITY COUNCIL
ON MAY 7, 2012
Prepared by
ECIA
Program Summary
The community received significant damage from 2011 flooding of the Catfish Creek in the
southern part of the City.
On the 5th day of December 2011, the City Council authorized the submission of a Hazard
Mitigation Grant Program application to the Iowa Homeland Security and Emergency
Management Division (IHLSEMD) for the purpose of obtaining federal /state financial assistance
under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (PL93 -288, as
amended) and the Code of Iowa, Chapter 29C.
This outline of procedures was created to explain how the program would operate. The City is
committed to making this program work as quickly as possible so that the affected property
owners may promptly make their property decisions with as much information as is available.
Acquisition
Voluntary Acquisition Program
The funding for this program under disaster declaration 1930 requires that certain conditions be
met in order for it to be on a voluntary basis. Since this is a voluntary acquisition that is funded
under the Hazard Mitigation Program, the City is exempt from following the processes and
notices to owners required for acquisition by the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (hereinafter referred to as URA). However, tenants
will be provided assistance in compliance with the URA since relocation is involuntary to them.
A voluntary acquisition program, in order to be exempt from the Uniform Act, must make offers
to purchase on a willing buyer /willing seller basis. That is, if the seller rejects the offer, the City
will not pursue acquisition of the property by using its eminent domain powers. The City will use
the same criteria for purchases in all cases for this program.
To make an initial determination of willing buyers, the City will send a letter (Exhibit A — Letter
of Interest) to every owner of property listed in the grant application. This letter sent by certified
mail or personally signed for, will request the owner's interest in participating in this voluntary
acquisition program.
Purchase Price
The City is using the FEMA Hazard Mitigation Program guidelines by utilizing the pre -Mood
value of the properly (as of June 1, 2011) for this voluntary acquisition program. In making its
determination of the voluntary purchase value, a pre -flood owner will be offered a June 1, 2011
fair market value. This value is based on the full assessed value of the property based on the
County Assessor's records and other public information times a 1.1 multiplier, which equals
110% of the assessed value.
The property owners are not under any obligation to sell their property to the City and, they have
an appeal process to permit other information, including independent appraisals to be submitted
for the City's consideration.
Definition of Owner - Occupant
The City will make its initial offers to purchase to owner- occupants of flood - damaged residential
property. An owner - occupant is defined as the owner of record and meets the following
requirements:
1. Holds title to the property with valid deed or valid real estate contract that pre -dates
June 1, 2011,
2. Continues to hold title to the property to the date of the City's offer to purchase,
3. Will certify to having lived in the house as his /her /their primary* residence as of the
date of the flood event.
* - Primary is defined as the owner's principal place of residence. The owner must reside at the
site at least six months plus one day of the previous twelve months to be considered primary * *.
This will be verified in order of preference by 1) Homestead Exemption on the property; 2)
Income tax returns; or 3) Owner - signed certification stating that the property is their primary
residence.
** - Note: An exception to this requirement may be made if the owner acquired the property less
than six months prior to June 1, 2011. This will be verified by County records and closing
documents.
Definition of Investor -Owner
The City will make offers to purchase to investors- owners of the selected flood - damaged
residential property. An investor -owner is defined as the owner of record and meets the
following requirements:
1. Holds title to the property with valid deed or valid real estate contract that pre -dates
June 1, 2011,
2. Continues to hold title to the property to the date of the City's offer to purchase,
3. The investor -owner shall provide the City with additional information as may be
required by the City, including available information on any tenants.
What is to be Acquired
The City will acquire all land and improvements associated with the properties subject to this
program. Any additional lots that are adjoining and owned by the eligible, residential property
owners may be purchased at the option of the City and the seller, but only after approved by
IHSEMD, and FEMA. Property to be acquired must be in the 100 -year flood plain and
substantially damaged and as a result of the July 2011 floods. Substantially damaged is defined
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as damage greater than 50% of the value of the structures on the property. The land value is not
included in the calculation.
Pre- Acquisition Activities
The City shall undertake a number of activities relating to each property prior to making an offer
to purchase. Briefly, these activities are:
1. Determining pre -flood market value as described above in "Purchase Price ".
2. Identifying the owners who want their property to be considered for acquisition.
3. After the property owner indicates their interest in participating in the voluntary
acquisition program, the City will:
a. Prepare a schedule of property values for all properties in the project,
b. Order a title certificate,
c. Order a "mortgage" property survey,
d. Work with FEMA, and the Small Business Administration (SBA) to obtain
information on the proceeds received through those agencies' programs for each
property.
Timing of Offers
The City will make offers to purchase to willing and eligible property owners after completion of
the aforementioned pre - acquisition activities. It is anticipated that offers will be delivered to
eligible owners as quickly as possible.
Offer
The City will make its purchase offers in substantially the same form as used with other City
purchases of property, and including appropriate terms as provided by or required by the
participating State and Federal agencies. Important policy elements of the offer are:
1. Purchase Price: The pre -flood tax assessed value of the real estate, adjusted upward
to reflect pre -flood market value as defined in "Purchase Price ".
2. Deduction from Purchase Price: As applicable, insurance proceeds for real estate
damage, other public payments as determined by FEMA that represent a duplication
of payment for the real estate, property taxes due and owing, and other payments
required to clear special assessments, liens of judgments, will be paid prior to closing
or deducted at the time of closing. The City will receive individual determinations by
FEMA and SBA of the deductions or credits on FEMA, SBA and /or other assistance
already disbursed as determined by FEMA and SBA.
3. Closing and Possession: Due to the distressed condition of many properties, as
caused by the flood damage, it is in the best interest of the City to not take possession
of the houses while they are occupied by the sellers. It has been the practice of the
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City to only engage in rent -back arrangements with sellers when the houses have met
reasonable standards of safety and habitability.
In order to accomplish this transfer of ownership and possession in a manner which does not
place the sellers or the City in a position of financial risk or other liability, a process was
designed to use a closing agent to manage the acquisition by the City together with the move to a
replacement housing location.
After the City and the seller have executed the Offer to Purchase and the deed to the property,
the documents will be delivered to the escrow agent to retain until the seller has purchased a
replacement dwelling or has found other accommodations. When the seller has scheduled the
closing for the replacement dwelling and arranged to move to that dwelling, the City escrow
agent will coordinate the closing of the transactions such that the seller will move from the
property acquired by the City concurrent with the closing.
In the event the property purchased by the City is not occupied, the closing will occur as soon as
the title and closing - related issues are satisfied.
Offer Form
The City will provide a written offer to purchase at the time an offer to purchase is presented.
An example of the form that will be used is shown as Exhibit B -Offer to Buy Real Estate and
Acceptance Form. Essential factors in the form include:
Closing Date — A mutually agreed upon date by the City and the seller to close on the
property.
Clear Title — The seller must provide clear title to the City's satisfaction before the
closing can occur. The seller must convey by warranty deed.
Expiration Date — The City will allow two weeks from the date the offer is made for the
seller to decide whether to accept. The City will permit an extension of the expiration
date, if requested in writing by the owner, up to an additional two weeks. It is the
intention of the City to make offers as quickly as possible. Sellers will be reminded that if
they do not want to accept the offer, they must let the City know as soon as possible.
Properly Inspection — The seller will grant access to the City to inspect the flood
damaged property for personal property, hazardous materials, etc. that must be removed
prior to closing.
Removal of Debris — The seller agrees to remove, at their expense, prior to closing, all
vehicles and vehicle parts, firewood, construction material debris, and other personal
property located on the site.
Use of Purchase Price — The seller must agree to certify to use the purchase price of the
flood damaged property expressly for the purpose of replacement housing outside of
National Flood Insurance Program (NFIP) Zone A Flood Plain boundaries.
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Subject to Approval of the City Council — The offer is subject to the City Council
approval of the form of offer and the specific offer terms for each property.
Appeal of Offer Price
If, after the presentation of the offer, the seller believes the offer price is incorrect due to factual
errors and /or can present additional information directly relating to the pre -flood market value,
the City will have an appeal process as described below:
The seller may appeal the estimate of pre -flood value after presentation of the City's offer
to purchase and before the expiration date of the offer to purchase. Within two weeks of
the City's offer to purchase, the seller shall present a written statement which includes the
reason for the appeal such as factual information and any data that support the reason for
the appeal to increase the offer price.
The seller will assume the responsibility of securing an appraisal from an Iowa certified
appraiser and incurring the expense of the appraisal. The seller will understand that the
appraised value will be taken under consideration after the total project budget expenses
are known and any revision in the acquisition offer will be subject to City Council
approval. The seller is NOT guaranteed that the appraisal price will be used to determine
the offer price and should anticipate that the City will not exceed its total project budget.
Within 30 days of filing the written appeal statement, the seller must provide the
appraisal report to the City for review. The seller may submit a written request to the City
for a 14 -day extension to allow the additional time necessary to secure the appraisal. In
the case that the seller exceeds the 30 -day period to obtain and submit the appraisal, and
does not provide a written request for an extension, the original offer to purchase price
will prevail.
Process After Offer is Accepted
If the property owner accepts the City's offer, the following will be undertaken:
1. The seller will provide the City with the property abstract or the City will obtain a
new 40 -year abstract (at the seller's expense).
2. The City will forward the abstract or request for a new abstract to an escrow agent
that will function as the program's closing agent.
3. The escrow agent will be responsible for ordering the abstract work, issuing a title
opinion, transmitting the title opinion to the property owner and providing sample
forms of affidavits and releases. Upon receipt of the necessary title - clearing
documents from the seller, the escrow agent will prepare a closing statement utilizing
the HUD -1 Settlement Statement Form, and set up the closing. The City will notify
ECIA of the pending closing in order to undertake the required property inspections
and prepare appropriate requisitions.
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4. The escrow agent will not close the transaction and the City will not take title to the
subject property until the property owner and or tenant has found a replacement
property, obtained an accepted offer on that property, and is ready to close and take
possession of that replacement property. The intention for this process is that the City
wishes to arrange to take title to the flood damaged properties when the owner is
ready to vacate and take possession of their chosen replacement property.
Acquisition Staff
The Acquisition staff, supplied by ECIA, will present the offer in person and be available to
answer questions. After the offer is made, the Notice of Relocation Eligibility will be presented
and ECIA will inspect the property.
If the offer is rejected and the property owner chooses not to sell the property, the acquisition
staff will close the property's file and `de- obligate' the funds reserved for the property's
acquisition and relocation payments.
Contract Services
The City shall hire a number of services to be performed on a contractual basis to assist in the
acquisition program. The services contracted for, or to be contracted for are:
1. Title certificate and abstracts
2. Mortgage property surveys
3. Title opinions
4. Escrow agent
5. Historical intensive level surveys, if required
6. Demolition work
Property Management
Summary
The City will undertake certain property management activities upon the acquisition of those
volunteer, flood damaged properties that the owners choose to sell. It is the intention of the City
to minimize its costs and risks in managing the properties when acquired.
Inspections
The form of the Offer to Purchase provides that the City will have the right to inspect the
premises once the seller accepts the offer. The purposes of the inspection are to determine if
there are any hazardous materials on site, serious safety risks or unique fixtures to the property
that the City would need to deal with upon its acquisition.
A further requirement of the Offer to Purchase provides that the seller agrees to remove from the
property, at their expense and prior to closing, all vehicles, wood, construction materials, debris
and personal property. The purpose of this provision is to ensure that the City is not burdened
with the cost and risk of injury or expense of removal of the abandoned personal property.
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Disposition of Improvements
The City will assume salvage rights and the City will assign these salvage rights to the
demolition contractor to minimize demolition costs. The City reserves the right to salvage
materials from properties if it is deemed to be a cost - effective action by the City.
Until any improvements are sold and removed or demolished and removed, the property will be
secured. The proceeds from the sale of any improvements reduce the total costs of the Hazard
Mitigation Program. Demolition will occur as rapidly as possible and no later than 90 days of
closing subject to Section 106 approval.
Program Close -Out
Once the owners of all eligible properties have been contacted and acquisitions have either been
completed or declined, a review of the files will be completed by staff following the clearing of
all fixtures from the subject properties. Any program revisions that may have occurred will be
noted in the Administrative Plan and all files will be kept in accordance with the City's standard
file policies and procedures.
Relocation
Overview
The Relocation portion of this document will describe the City's provision of relocation
assistance for the residential properties that are purchased. Benefits will be made available as
described below.
Funding Sources
The City will be utilizing 75% Federal, 25% State and 15% local funding in order to provide
relocation benefits for properties that are actually acquired.
Relocation Assistance Program for Owner- Occupants
The voluntary nature of this program does not obligate the City to provide relocation benefits.
However, the City has opted to provide relocation benefits to pre -flood primary owner- occupants
who accept the City's offer to purchase their flood damaged residential property. These benefits
will help the owner - occupants secure replacement housing. It is anticipated that almost all
owner - occupants will be able to use the relocation assistance as a major source of funds to
purchase decent, safe and sanitary replacement housing.
1. Eligibility — Owner - Occupants: In order to be eligible for owner- occupant benefits,
the owner- occupant must:
a. Accept the City's offer to purchase.
b. Meet the definition of owner - occupant.
e. Purchase or rent a decent, safe and sanitary housing unit within 6 months of
acceptance of the City's Offer that is located outside of Zone A, NFIP Flood
Hazard map boundaries.
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2. Determination of Benefits: The City will provide one type of relocation benefit for
owner- occupants: a Replacement Housing Benefit Payment The Replacement
Housing Benefit is for the purchase or rental of a unit. A Notice of Relocation
Eligibility (included in Exhibit B) explaining the specific benefits to the owner -
occupant will be made in person by the Relocation staff after the City's offer to
purchase the flood damaged property is presented. The seller will be asked to sign a
receipt for the Notice. The Notice will contain a "180 Day Eligibility Provision"
notifying the owner of the expiration date of the Replacement Housing Benefit.
3. Replacement Housing Payment /Purchase: The City will make a Replacement
Housing Benefit Payment based on the owner - occupants purchasing replacement
housing which is decent, safe, and sanitary within 6 months from the owner-
occupant's acceptance of the City's offer to purchase the flood damaged property.
The payment amount of the Replacement Housing Benefit cannot exceed $22,500.
4. Tuning of Release of Replacement Housing Benefit Payment: The payment will be
released only after the closing on the property the City is purchasing from the owner-
occupant and at the closing on the replacement house. If a replacement unit is not
purchased within 6 months of the owner - occupant's acceptance of the City's offer to
purchase the flood damaged structure, the relocation money will be de- obligated and
made available for additional acquisitions. The owner - occupant may request an
extension of the six -month period, to the Relocation staff, if he /she can show good
reason as to why the replacement has not been purchased.
5. Purchase of Replacement Housing Unit Before the City makes Offer to Purchase: If
an owner- occupant wants to purchase another house before the City makes its offer,
the purchase is at the owner's risk. If the City then makes its offer to purchase the
flood damaged property and the owner accepts, the replacement unit previously
purchased must pass a decent, safe and sanitary inspection to qualify for the
Replacement Housing Benefit. Adjustments to the Replacement Housing Benefit, as
described below, can be made as required.
The Replacement Housing Benefit Payment will be made at the closing of the City's
purchase and upon submission of a deed or other evidence acceptable to the City of
the amount paid for the replacement housing unit.
6. Adjustments to the Replacement Housing Benefit Payment: If the replacement
housing unit costs less than the combined total of the City's purchase price and the
Replacement Housing Benefit, the City will reduce the Replacement Housing Benefit
to equal the cost of the replacement housing unit. As a result, the total of the City's
purchase price and the Replacement Housing Benefit equals the cost of the
replacement housing unit. If the cost of that unit is less than the City's purchase price
of the flood damaged structure, the Replacement Housing Benefit will not be paid.
For instance, the owner - occupant receives $30,000 as the purchase price of the flood
damaged property and qualifies for the $22,500 Relocation Housing Benefit Payment
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for a total of $52,500. The owner- occupant then purchases a replacement housing unit
for $38,000; the City will provide $8,000 as the Relocation Housing Benefit Payment.
If the replacement housing unit cost was less than $30,000 (the City's purchase price
for the flood damaged property).
If the replacement housing unit costs less than the total City payment for acquisition
and the Replacement Housing Benefit, but requires repairs to make it decent, safe and
sanitary, the City will let the owner - occupant use the balance of the benefit to have
those specific repairs completed. In addition, when the replacement housing unit costs
less than the total of the City's acquisition and Replacement Housing Payments, the
City will permit the Replacement Housing Payment, as needed, to be used to pay
eligible closing costs on the replacement housing unit that represent costs normally
paid by the buyer. It will not include items such as pre -paid interest points or
mortgage insurance.
If the maximum relocation assistance payment is not required to purchase the
replacement dwelling selected by the displaced person, certain costs can be
considered as part of the replacement unit's purchase price, for the purposes of this
program only, when calculating the Replacement Housing Benefit Payment. Eligible
costs are those costs necessary to correct decent, safe and sanitary deficiencies and to
make the replacement dwelling more comparable and functionally similar to the flood
damaged unit the City is acquiring. Eligible examples of those items to make the
replacement dwelling more comparable and functionally similar are a garage, an extra
bathroom and handicapped accessibility that existed in the former dwelling.
Excluded are the costs of a cosmetic nature, including general remodeling, carpeting,
"updating ", siding, window treatments and other items. The displaced person must
provide satisfactory evidence of the construction costs of the functionally similar
item(s) and a construction schedule which must be approved before the funds can be
authorized for release.
7. Mobile Homes: The owner- occupant may purchase a mobile home and qualify for the
Replacement Housing Benefit provided that the unit is decent, safe, and sanitary. If
the purchase price is less than the combined total of the City's acquisition price for
the flood damaged structure and Relocation Benefit, the Replacement Housing
Benefit will be adjusted to reflect the actual purchase price of the mobile home and
lot.
If the mobile home lot is rented, the City will make a payment based upon the lesser
cost of the actual lot rent for 42 months or $3,000 and the cost of the mobile home in
determining the Replacement Housing Benefit Payment. The total Replacement
Housing Payment paid for a mobile home and lot, whether purchased or rented, will
not exceed the appropriate Replacement Housing Benefit Payment.
8. Payment After Death: The City will pay the approved Relocation Housing Benefit to
the heirs and assigns, if the other family members were living in the flood damaged
9
unit when the offer was made and if they will occupy the replacement housing unit
which is being purchased. The purchase agreement on the replacement housing unit
must have been accepted if the closing has not yet occurred. A moving expense
payment will be made if there is personal property to be moved from the flood
damaged structure.
9. Decent, Safe and Sanitary Standard: All owner - occupants receiving the Replacement
Housing Benefit must relocate to housing units that are decent, safe and sanitary. The
decent, safe and sanitary standard is similar to HUD Housing Quality Standards. The
decent, safe and sanitary inspection is not a certification or guarantee of the house's
condition or of its major systems (such as heating, plumbing and electrical). A
qualified individual will inspect the items that are specifically listed in federal
regulations 49 CFR, Part 24.
After the owner- occupant has an accepted purchase agreement for the housing
replacement unit and has received the City's offer to purchase the flood damaged
property, he /she is to call ECIA staff to schedule the decent, safe and sanitary
inspection. The owner- occupant will also provide the name and phone number of the
person who can provide access to the property.
It may take several days for the actual inspection to take place. If the house is located
outside the area, it will be necessary for the City to work with the nearest local public
agency to schedule an inspection.
When the decent, safe and sanitary inspection is made of the replacement housing
unit, the inspector will provide a list of items that are violations. Many of the
violations can be solved quickly and inexpensively and should not cause the sale to be
lost. Common problems are missing hand rails, improperly vented water heaters,
missing light switch cover plates and water heater drip legs, copper gas lines and
exposed wiring. It is the responsibility of the buyer and seller to reach an agreement
as to who pays for the required repairs.
10. Replacement Housing Benefit Payment — Rent: For owner- occupants choosing to rent,
the City will make payment of up to $5,250. Prior to the closing, the owner- occupant
must provide evidence that the unit is decent, safe and sanitary and /or has a current
rental occupancy certificate.
Tenant Relocation Benefits Program
The City will utilize 100% Federal and State funding to provide relocation assistance in
conformance with the Uniform Act in concert with the Robert T. Stafford Disaster Relief
Act of 1974 provisions for tenants of the flood damaged property. The tenants of the
flood damaged property are considered to be involuntarily displaced when the City
accepts an offer to purchase the flood damaged property. Accordingly, the City will
award Tenant Relocation Benefit standards for eligible tenants in accordance with the
URA regulations.
10
1. Eligibility: To be eligible for the Tenant Residential Relocation Benefits, the tenant
must:
a. Have been, as of the date of initiation of negotiations, a legal residential occupant
of the flood damaged property for which the City Council has approved
acceptance of the purchase offer.
b. The tenant can prove evidence of the tenancy for a minimum of 90 days prior to
the initiation of negotiations.
c. Purchase or rent a decent, safe and sanitary replacement housing unit that is
located outside of Zone A on NFIP Flood Hazard maps.
1. Determination of Benefits: The relocation staff will determine benefits in accordance
with the Uniform Relocation Act and funding source requirements, but which will not
exceed $5,250 (unless housing of last resort provisions are utilized if approved by
FEMA Region VII).
2. Moving Expense Payment: In addition, the City will pay $850 as a Moving Expense
Payment if applicable when the tenant moves into a replacement living unit.
3. Replacement Housing Requirements: All tenants receiving the Replacement Housing
Benefit must relocate to housing units that are decent, safe and sanitary that are
located outside of Zone A on NFIP Flood Hazard maps.
The decent, safe and sanitary inspection is not a certification or guarantee of the
housing unit's condition or of its major systems (such as heating, plumbing and
electrical). A qualified individual will inspect, at minimum, the items that are
specifically listed in federal regulations (49 CFR, Part 24).
Relocation Staff
For the owner - occupants participating in the voluntary acquisition program, the
Relocation staff, provided by ECIA, will present the Notice of Relocation Eligibility in
person after the City's offer to purchase is made. They will be available to answer
questions at that time and on a phone basis, as needed.
Relocation staff will work with identified tenants if and when investors - owners of
residential properties accept Offers to Purchase by made by the City.
Fields of Opportunities
STATE OF IOWA
TERRY E. BRANSTAD
GOVERNOR
ICIM REYNOLDS
LT. GOVERNOR
April 25, 2012
Kyle Kritz
City of Dubuque
50 West 13th Street
Dubuque, IA 52001
DEPARTMENT OF PUBLIC DEFENSE
IOWA HOMELAND SECURITY AND
EMERGENCY MANAGEMENT DIVISION
MARK J. SCHOUTEN, HOMELAND SECURITY ADVISOR
AND EMERGENCY MANAGEMENT ADMINISTRATOR
SUBJECT: DR -1930 - Grant Agreement Documents
Dear Kyle,
City of Dubuque has been awarded federal assistance under the Hazard Mitigation Grant
Program, disaster DR -1930 (DR -1930) in accordance with the scope of work and budget that
were included in the application package submitted to and approved by our agency and FEMA.
I have included two original Grant Agreements for review, approval and signature along with a
return envelope. Please return both signed originals to our agency for execution. After the
agreements are signed by the Alternate Governors Authorized Representative of Homeland
Security and Emergency Management Division (Patrick Hall) we will then mail one of the
original executed Agreements to you for your records. Please remember that no work can be - -
reimbursed until the grant agreements are signed.
Audit Requirements: All records of work associated with this award are to be maintained for a
minimum of three (3) years by the subgrantee and are subject to State and Federal review under
the "Single Audit Act" (reference: Catalog of Federal Domestic Assistance 97.039 and OMB
Circular A -133).
Any changes to the scope of work or budget must have prior approval by FEMA, please notify
me if there are any anticipated changes.
If you have any questions or need assistance in any way please do not hesitate to call me at 515-
224 -5720, or you may e -mail me at stuart.malone @iowa.gov.
Si
S.. Malone
Mitigation Finance Officer
7105 NW 701" AVENUE / CAMP DODGE / BLDG. W -4 / JOHNSTON, IOWA 50131-1824 / 515-725-3231
W W W.IOWAHOMELANDSECURITY.ORG
PROJECT GRANT AGREEMENT
between
Iowa Homeland Security and Emergency Management Division
and
City of Dubuque
PROJECT TITLE: City of Dubuque -2011 Flood Mitigation Acquisition Project
GRANT AGREEMENT NO: HMGP -DR- 1930 - 0025 -01
PROJECT NO: DR- 1930 -31 -01
FEDERAL TAX ID #: 42- 6004596
SCOPE OF WORK
This Grant Assistance Agreement (AGREEMENT) is to provide the City of Dubuque
(SUBGRANTEE) with federal assistance from the Hazard Mitigation Grant Program. The total
grant award is $670,318.00. The federal share shall not exceed $502,738.00 or (75 %) of actual
allowable project costs, whichever is less. The state share shall be $67,031.00 or (10 %) and the
SUBGRANTEE shall provide at least $100,549.00 or (15 %) through local non - federal (cash
and /or in -kind) sources for actual allowable project costs. These funds are to assist the
SUBGRANTEE with the acquisition of properties for open space use in accordance with the
grant application that was submitted to and approved by Iowa Homeland Security and
Emergency Management Division (HSEMD) and the Federal Emergency Management Agency
(FEMA). All acquired properties must be returned to open space and carry the federally imposed
deed restriction language.
Any changes to the approved scope and / or budget must be submitted to, and approved by
HSEMD prior to executing the changes. This includes all Change Orders. The SUBGRANTEE
is required to obtain all necessary permits before any construction begins
AGREEMENTS
HSEMD will provide financial oversight and management in the role of GRANTEE based on the
grant guidance, the grant financial guide and other State and federal guidelines. The GRANTEE
will provide technical assistance and direction to the SUBGRANTEE on programmatic and
financial requirements. The GRANTEE will provide all appropriate documents and forms and
make payments to the SUBGRANTEE to complete the approved scope of work.
Page 1 of 10
The Grantee is responsible for monitoring SUBGRANTEE activities to provide reasonable
assurance that the SUBGRANTEE administers federal awards in compliance with federal and
GRANTEE requirements. Responsibilities include the accounting of receipts and expenditures,
cash management, the maintaining of adequate financial records, and the refunding of
expenditures that are not eligible and allowable.
The SUBGRANTEE will be monitored periodically by the GRANTEE to ensure that the program
goals, objectives, timelines, budgets, and other related program criteria are being met. Monitoring
will be accomplished through a combination of office -based and on -site monitoring visits.
Monitoring will involve the review and analysis of the financial, programmatic, and
administrative issues relative to each program, and will identify areas where technical assistance
and other support may be needed.
The SUBGRANTEE will pass appropriate resolutions to assure HSEMD that it is participating,
and will continue to participate, in the National Flood Insurance Program, if mapped.
The SUBGRANTEE agrees to limit grant awards to eligible property owner applicants to the
pre- disaster market value of the land and structure based upon a signed purchase agreement
between the SUBGRANTEE and the property owner whose property has been approved by
FEMA for acquisition. The SUBGRANTEE will provide certification that the property owner is
a National of the United States or qualified alien. If the property owner purchased the property
after the relevant flood event, or is not a National of the United States or qualified alien, the post
flood value of the property will be the offer price of the land and structure.
The SUBGRANTEE will require and assist property owner applicants in providing evidence of
ownership by title, purchase contract, and /or certificate of title insurance as well as disclosure of
any liens or loans secured by the property.
Prior to closing on a property, the SUBGRANTEE will initiate a request through HSEMD to
FEMA Region VII with a list of property owner applicants for final Duplication of Benefits
(DOB) verification. Closing cannot commence until a final DOB is done if offering pre - disaster
market value.
The SUBGRANTEE agrees to submit source documents on a timely basis to HSEMD as
verification of how the funds for allowable project costs are expended. Source documents
include, but are not limited to, Purchase Offers, HUD Settlement Statements, copies of tax
assessment records, copies of appraisals if used as the basis for pre -flood fair market value,
invoices, and copies of all payments. A source document checklist has been provided and must
be adhered to for documentation that must be on file at the HSEMD.
The SUBGRANTEE agrees to acquire and demolish only those properties that have been
approved by FEMA Region VII and cleared by the State Historical Society of Iowa (SHSI). It is
permissible for the SUBGRANTEE to acquire properties prior to full compliance with Section
106 of the National Historic Preservation Act of 1966; however, demolition cannot occur until
the SHSI has made the determination of no historic effect. Documentation must be on file at
HSEMD.
Page 2 of 10
The SUBGRANTEE agrees to verify and certify that participating property owner applicants will
relocate outside the NFIP Special Flood Hazard Zone boundaries if offered replacement housing
benefit funds.
The SUBGRANTEE and the SUBGRANTEE's AUTHORIZED REPRESENTATIVE agree to
provide all supervision, inspection, accounting, and other services necessary to complete the
scope of work from inception to closeout with the requirements set forth below.
I. ACTIVITY COMPLETION TIMEFRAME
The approved Activity Completion Timeframe for this grant is from 4/4/2012 through 4/4/2015.
All work must be completed prior to the Activity Completion Timeframe ending date. The
SUBGRANTEE shall not incur costs or obligate funds for any purpose pertaining to the
operation of the project, program, or activities beyond the expiration date of the Activity
Completion Timeframe.
If a time extension is needed it must be requested at least 90 days prior to the Activity
Completion Timeframe. All requests must be supported by adequate justification submitted to
HSEMD in order to be processed. A time extension request form is supplied as an enclosure with
this agreement. This justification is a written explanation of the reason or reasons for the delay;
an outline of remaining funds available to support the extended Activity Completion Timeframe;
milestones that are unmet; and a description of performance measures necessary to complete the
project. Without the justification, extension requests will not be processed.
II. AUTHORITIES AND REFERENCES.
The SUBGRANTEE shall comply with all applicable laws and regulations. A non - exclusive list
of laws and regulations commonly applicable to FEMA grants follows hereto for reference only.
• OMB Circular A -102 — Uniform Administrative Requirements for Grants and
Cooperative Agreements with State and Local Governments
• OMB Circular A -87 — Cost Principles for State and Local Governments — now codified at
2 CFR, Part 225
• OMB Circular A -133 — Audits of States, Local Governments, and Non -Profit
Organizations
• Section 404 of the Robert T. Stafford Disaster Assistance and Emergency Relief Act
(Stafford Act), 42 U.S.C. 5133, as amended by Section 102 of the Disaster Mitigation
Act of 2000 (DMA)
• Title 44 of the Code of Federal Regulations (CFR) — especially Part 13, Administrative
Requirements and Part 80, Property Acquisition and Relocation for Open Space
• Title 31 CFR 205.6 Funding Techniques
• Hazard Mitigation Assistance Unified Guidance, June 1, 2010
• SUBGRANTEE's application that was received and approved by HSEMD and FEMA
Page 3 of 10
III. GRANT MANAGEMENT SYSTEM
To ensure that federal funds are awarded and expended appropriately, the SUBGRANTEE will
establish and maintain a grant management system. The standards for SUBGRANTEE
organizations stem from the Office of Management and Budget's (OMB) uniform administrative
requirements and cost principles. State, local and tribal organizations must follow the uniform
administrative requirements standards in OMB Circular A -102, and cost principle standards in
OMB Circular A -87 (2 CFR, Part 225). These standards combined with the audit standards
provided within OMB Circular A -133, plus the requirements of the federal Cash Management
Improvement Act constitute the basis for all policies, processes and procedures set forth in this
grant management system for the SUBGRANTEE.
The SUBGRANTEE's grant management system must include:
• internal controls based on the American Institute for Certified Public Accountant's
(AICPA) definitions and requirements in the government -wide administrative
requirements and cost principles
• a chart of accounts verifying that unique revenue and expenditure accounts or cost
centers or account codes have been established within the SUBGRANTEE's cash
management/accounting system for each separate grant program included in this
agreement
• be in compliance with the Cash Management Improvement Act (CMIA), and good
business processes
• procedures to minimize federal cash on hand
• the ability to track expenditures on a cash or accrual basis
• the ability to track expenditures in both financial and program budgets
• procedures to document all grant - related expenditures, broken down by budget line items
• procedures to ensure expenditures are eligible and allowable
• the ability to fulfill government - required financial reporting forms
IV. PROCUREMENT
This agreement requires that all procurement is executed by the SUBGRANTEE. Procurement
standards must be in accordance with the written adopted procedures of the SUBGRANTEE,
provided that the local procurement standards conform to applicable State and Federal law and
the standards identified in the 44 CFR, Section 13.36. The SUBGRANTEE will ensure that
every purchase order or other contract includes any clauses required by Federal statutes and
executive orders and their implementing regulations. The SUBGRANTEE must submit copies
of all bid documents and contract documents to IISEMD prior to awarding or executing
contracts. No contract will be accepted without HSEMD's prior review and approval.
Page 4 of 10
V. AUDIT
The SUBGRANTEE must comply with the requirements of the Single Audit Act Amendments
of 1996 and the Office of Management and Budget (OMB) Circular A -133. Reference. Catalog
of Federal Domestic Assistance (CFDA) Number: 97.039
VI. PAYMENT REQUEST PROCESS
The SUBGRANTEE may submit a payment request up to 30 days prior to an anticipated
expenditure or disbursement. Grant revenue received by the SUBGRANTEE must be placed in a
unique, separate account for this grant award. A non - interest - bearing checking account is
preferred. If interest is earned, the SUBGRANTEE agrees to comply with the federal
requirements from the 44 CFR, Section 13.21 (I). The SUBGRANTEE may keep interest earned
on Federal grant funds up to $100 per fiscal year. This maximum limit is not per award; it is
inclusive of all interest earned as a result of all federal grant program funds received per year.
SUBGRANTEE is required to report all interest earned at least quarterly to the GRANTEE.
HSEMD will provide instructions to the SUBGRANTEE for the disposition of reported interest
earned.
Payments to SUBGRANTEE are based on eligible expenditures that are specifically related to
the approved grant budget and scope of work. The SUBGRANTEE has two options available to
them when requesting payments from HSEMD. SUBGRANTEE can request Reimbursement
for allowable expenditures already paid, or request an Advance for expenditures expected to be
paid within 30 days.
Payments shall be limited to the documented cash requirements submitted by the
SUBGRANTEE The SUBGRANTEE must submit a completed Payment Request Form and
provide supporting documentation of eligible project costs to receive payment of funds.
• Reimbursement requests must include payment verification (i.e. paid invoices, receipts,
payroll records with personnel activity reports, cancelled checks, general ledger print
outs, etc.).
• Advance payment requests must include a detailed cost estimate (i.e. invoices, quotes, or
other document). Payment verification documents (same documents required for a
Reimbursement request) for the advance must be submitted to HSEMD within 30 days
after the advance, and before future advances are made.
No more than thirty (30) days shall elapse between the date of receipt of a warrant and pay out of
the funds by the SUBGRANTEE. All supporting documentation must be submitted to HSEMD
immediately following the SUBGRANTEE's pay out of the funds.
Required documents prior to Payments from HSEMD. Payment of funds will not be made to
a SUBGRANTEE until HSEMD has on file the following documents:
Page 5 of 10
• Signed Grant Agreement
• SUBGRANTEE's Administrative Plan
• Substitute W9/Vendor Update Form (if not already on file at HSEMD)
• Chart of Accounts verifying that unique revenue and expenditure accounts or cost centers
or account codes have been established within the SUBGRANTEE's cash
management/accounting system for each separate grant program included in this
agreement
• Floodplain development permit (if applicable)
• Procurement documents: method of procurement, bid specifications approved by
HSEMD, copy of approved and executed contracts between the SUBGRANTEE and
contractor
• Site plans approved by FEMA (if applicable)
VII. Match Verification
The maximum federal share to this mitigation project grant cannot exceed 75% of eligible
project expenditures. Therefore, the matching funds (cash and in -kind) must be at least 15% of
eligible project expenditures, and the state share shall be 10 %. The SUBGRANTEE is
responsible for submitting proof of the local non - federal match that was used for their
mitigation grant to HSEMD. Expenditures must be in accordance with the approved scope of
work and budget and in accordance with the 44 Code of Federal Regulations (CFR), Section
13.24, "Matching or cost sharing ".
Cash match can be money contributed to the SUBGRANTEE by the SUBGRANTEE, other
public agencies and institutions, private organizations, and individuals as long as it comes from a
non - federal source and is not used to match any other federal award. Cash spent must be for
allowable costs in accordance with the SUBGRANTEE's approved scope of work and budget
and must be applicable to the period to which the cost sharing or matching requirement applies.
Documentation can be copies of the SUBGRANTEE's checks to the third parties and a copy of
the SUBGRANTEE's general ledger for revenues and expenses clearly showing the federal and
non - federal cash sources.
In -kind match must comply with the requirements of the 44 CFR, Section 13.24 (matching or
cost sharing). The value of in -kind contributions is also applicable to the period to which the
cost sharing or matching requirement applies. The in -kind match provided must be documented
by the third party contributing the in -kind services. The in -kind match must be specifically
stated in the SUBGRANTEE's scope of work and budget before in -kind match will be allowed
to match any mitigation grant. Documentation can be a letter (on letterhead) from the third party
stating the scope of their work, what is being contributed as it relates to the scope of work, the
value, a statement to the effect that the value is normally charged, and a statement that the value
is being waived on behalf of the SUBGRANTEE to meet the matching requirements to the
SUBGRANTEE's mitigation grant.
If the local match is insufficient to satisfy the local match requirements for receiving all available
federal funds, the awarded federal funds will be reduced accordingly so as not to exceed the
maximum federal share allowed under this award.
Page 6 of 10
VIII REPORTING REQUIREMENTS
The mitigation grant program requires quarterly financial reporting and progress reporting,
relative to the approved scope of work. SUBGRANTEES are required to complete the quarterly
progress report forms that are provided by HSEMD and submit them by the due dates stated to
HSEMD. Due dates are; Jan15, April 15, July 15, and Oct 15. The first report is due
following the end of the reporting period in which the grant was awarded by FEMA. The
reporting periods are; Jan -Mar, April -June, July -Sept, and Oct -Dec.
WAIVERS
No conditions or provisions of this AGREEMENT can be waived unless approved by HSEMD
and the SUBGRANTEE, in writing. Unless otherwise stated in writing, HSEMD's failure to
insist upon strict performance of any provision of this AGREEMENT, or to exercise any right
based upon a breach, shall not constitute a waiver of any right or obligation specified under this
AGREEMENT.
AMENDMENTS AND MODIFICATIONS
This AGREEMENT may be amended or modified in reference to the grant funds provided,
administrative procedures, or any other necessary matter, but not to take effect until approved, in
writing, by HSEMD and the SUBGRANTEE.
COMPLIANCE, TERMINATION AND OTHER REMEDIES
Unless otherwise stated in writing, HSEMD requires strict compliance by the SUBGRANTEE
and its authorized representative(s) with the terms of this AGREEMENT, and the requirements
of any applicable local, state and federal statute, rules, regulations; particularly those included in
the Assurances in the Project Application which was submitted to FEMA by HSEMD.
HSEMD may suspend or terminate any obligation to provide funding or demand return of any
unused grant funds, following notice from HSEMD, if the SUBGRANTEE fails to meet any
obligations under this AGREEMENT or fails to make satisfactory progress toward
administration or completion of said project.
The SUBGRANTEE understands and agrees that HSEMD may enforce the terms of this
AGREEMENT by any combination or all remedies available to HSEMD under this
AGREEMENT, or under any other provision of law, common law, or equity.
Page 7 of 10
INDEMNIFICATION
1. It is understood and agreed by HSEMD and the SUBGRANTEE and its agents that
this AGREEMENT is solely for the benefit of the parties to this grant and gives no
right to any other party. No joint venture or partnership is formed as a result of this
AGREEMENT.
2. The SUBGRANTEE, on behalf of itself and its successors and assigns, agrees to
protect, save, and hold harmless HSEMD and the State of Iowa, and their authorized
agents and employees, from all claims, actions, costs, damages, or expenses of any
nature whatsoever by reason of the negligent acts, errors, or omissions of the
SUBGRANTEE or its authorized representative, its contractors, subcontractors,
assigns, agents, licensees, arising out of or in connection with any acts or activities
authorized by this AGREEMENT. The SUBGRANTEE's obligation to protect, save,
and hold harmless as herein provided shall not extend to claims or causes of action
for costs, damages, or expenses caused by or resulting from the negligent acts, errors,
or omissions of HSEMD, the State of Iowa, or any of their authorized agents or
employees.
3. The SUBGRANTEE further agrees to defend HSEMD, the State of Iowa, and their
authorized agents and employees against any claim or cause of action, or to pay
reasonable attorney's fees incurred in the defense of any such claim or cause of
action, as to which the SUBGRANTEE is required to protect, save, or hold harmless
said parties pursuant to paragraph 2 of this part. The SUBGRANTEE's obligation to
defend, or to pay attorney's fees for the defense of such claims or causes of action as
herein provided, shall not extend to claims or causes of action for costs, damages, or
expenses caused by or resulting from the negligent acts, errors, or omissions of
HSEMD, the State of Iowa, or any of their authorized agents or employees.
ACKNOWLEDGMENTS
The SUBGRANTEE shall include, in any public or private release of information regarding the
project, language that acknowledges the funding contribution by HSEMD and FEMA.
INDEPENDENT CONTRACTOR STATUS OF APPLICANT
The SUBGRANTEE, its officers, employees, agents and council members shall all perform their
obligations under this AGREEMENT as an independent contractor and not in any manner as
officers, employees or agents of HSEMD or the State of Iowa. All references herein to the
SUBGRANTEE shall include its officers, employees, city council /board members, and agents.
HSEMD shall not withhold on behalf of any such officer, employee, city council /board member,
or agent, or pay on behalf of any such person, any payroll taxes, insurance, or deductions of any
kind from the funds paid to the SUBGRANTEE for administrative purposes.
Page 8 of 10
GOVERNING LAW, VENUE AND SEVERABILITY
The laws of Iowa shall govern this AGREEMENT and venue for any legal action hereunder shall
be in the Polk County District Court of Iowa. If any provision under this AGREEMENT or its
application to any person or circumstances is held invalid by any court of rightful jurisdiction,
said invalidity does not affect other provisions of this AGREEMENT which can be given effect
without the invalid provision.
NOTICES
The SUBGRANTEE shall comply with all public notices or notices to individuals as required by
applicable state and federal laws, rules, and regulations and shall maintain a record of such
compliance.
RESPONSIBILITY FOR PROJECT
While HSEMD undertakes to provide technical assistance to the SUBGRANTEE and its
authorized representative in the administration of the project, said project remains the sole
responsibility of the SUBGRANTEE in accomplishing grant objectives and goals. HSEMD
undertakes no responsibility to the SUBGRANTEE, or any third party, other than what is
expressly set out in this AGREEMENT.
NOTICES AND COMMUNICATIONS BETWEEN HSEMD AND APPLICANT
All written notices and communications to the SUBGRANTEE by HSEMD shall be to:
Kyle Kritz, planner
City of Dubuque
50 West 13th Street
Dubuque, IA 52001
Or the Alternate Point of Contact,
Mark Schneider, CD Director
ECIA
7600 Commerce Park
Dubuque, IA 52002
All written communications to HSEMD by the SUBGRANTEE and its authorized representative
shall be to:
Patrick J Hall
Attention: Mitigation Section
Iowa Homeland Security & Emergency Management Division
7105 NW 70th Avenue
Camp Dodge Bldg, W4, Johnston, IA 50131
Page 9 of 10
ENTIRE GRANT AGREEMENT
This AGREEMENT sets forth the entire AGREEMENT between HSEMD and the
SUBGRANTEE with respect to subject matter hereof. Commitments, warranties,
representations and understandings or agreements not contained, or referred to, herein or
amended thereto shall not be binding on either HSEMD or the SUBGRANTEE. Except as may
be expressly provided herein, no alteration of any of the terms or conditions of this
AGREEMENT will be effective without written consent of both parties.
IN WITNESS WHEREOF, HSEMD and the SUBGRANTEE have executed this AGREEMENT
by the signatures of authorized persons of both entities and on the dates indicated below:
Iowa Homeland Security and Emergency City of Dubuque:
Management Division:
Patrick J Hall RaSx
Alternate GAR Mayor
Roy D. Buol
Date Date
Signature of Authorized Representative (optional)
Date
Page 10 of 10
CONTRACT FOR SERVICES WITH THE
EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION
THIS CONTRACT is entered into by and between the East Central Intergovernmental Association
(hereinafter called ECIA) and the City of Dubuque, Iowa, (hereinafter called the Grantee) for the
purpose of carrying out the Scope of Services and Terms in any Attachments as described below.
SECTION 1. SCOPE OF SERVICES
ECIA shall provide and perform the necessary administrative services required to acquire
twenty residential properties and one commercial property including relocation assistance to
property owners as described in Grant Agreement No. HMGP -DR -1930- 0025 -01, Project
No. DR- 193 -31 -01 between the City of Dubuque and the Iowa Homeland Security and
Emergency Management Division (hereinafter called IHSEMD). See Attachment A-
Detailed Scope of Services. Any changes in the scope of work must be mutually agreed
upon by ECIA and the City of Dubuque and be in the form of written amendment.
SECTION 2. TIME OF PERFORMANCE
The services of ECIA shall commence upon grant contract execution and be completed by
12/14/2014 unless the terms are altered through mutual agreement of IHSEMD, ECIA, and
the City of Manchester.
SECTION 3. METHOD OF PAYMENT
Payment shall be due upon receipt of a monthly bill for services. The payment shall be
based on the actual costs incurred by the agency in performing the services. Total payment
shall not exceed $30,000 for grant administration and $6,000 grant pre -award costs.
SECTION 4. PERSONNEL
ECIA represents that it has, or will acquire, all personnel necessary to perform the services
under this Contract.
SECTION 5. PROPERTY
ECIA shall be free to acquire or use existing property, real or personal, as it deems
necessary in the performance of work under this agreement.
SECTION 6. TERMINATION BY GRANTEE
6.1 The grantee may, by thirty days written notice to ECIA, terminate this contract in
whole or in part at any time, either for the grantee's convenience or because of the
failure of ECIA to fulfill its obligations under the contract. Upon receipt of such
notice, ECIA shall:
1. Immediately discontinue all services affected (unless the notice directs
otherwise), and
2. Deliver to the grantee all data, drawings, specifications, as may have been
accumulated by ECIA in performing this contract, whether completed or in
process.
6.2 If the termination is for convenience of the grantee, ECIA shall be entitled to
compensation determined in accordance with 3 of this contract.
SECTION 7. TERMINATION BY ECIA
ECIA may terminate this contract by thirty days written notice to the grantee for grantee
failure to comply with the laws, rules, or regulations of the Iowa Emergency Management
Division in carrying out the Contract. The notice shall stipulate the laws, rules, or
regulations, which have been violated, and the date ECIA advised the grantee of said
violation.
SECTION 8. COMPLIANCE WITH LAWS AND REGULATIONS
ECIA shall comply with all applicable State and federal laws, rules, ordinances, regulations
and orders. ECIA shall comply with the provisions of federal, state and local laws, rules
and executive orders to insure that no employee or applicant for employment is
discriminated against because of race, religion, color, age, sex, national origin, or disability.
A breach of this provision shall be considered a material breach of this contract.
SECTION 9. ACCESS TO. RECORDS
ECIA shall permit City of Dubuque, IHSEMD, FEMA or its agents to access and examine,
audit, excerpt, and transcribe any directly pertinent books, documents,: reports, papers and
records of ECIA relating to orders, invoices, or payments or any other documentation or
materials pertaining to this Agreement.
SECTION 10. RECORDS RETENTION
All records of Grantee relating to this Agreement shall be retained for a period of five (5)
years following the date of final payment or completion of any required audit, whichever is
later.
SECTION 11. OTHER REQUIREMENTS
In connection with the carrying out of this agreement, ECIA agrees to comply with any and
all rules and regulations of the IHSEMD concerning third party contracts.
PASSED AND APPROVED:
Grantee: City of Dubuque
May 7,
Date
012
Roy Buo1,Glayor
AhirAwyffiwr
Attest: Attest:
East Central Intergovernmental Association
Date
Chairperson or Executive Director
ATTACHMENT A
DETAILED SCOPE OF WORK
ECIA will provide, perform or complete the following for the Grantee for HMGP related
property acquisition:
• Create Administrative Plan
• Conduct an Initial Property Owner Acquisition Program Informational Meeting
• Develop and Maintain Grant Project File
• Develop and Maintain Individual Property Files
• Request Preliminary Duplication of Benefits Check
• Meet individually with Property Owners
• Retain an Attorney and Abstractor Following the County's Procurement Policy
• Request Final DOB
• Present Purchase Offer to Property Owner
• Have Attorney & Abstractor Prepare Appropriate Paperwork
• Schedule Closing
• Conduct Closing
Government - Mandated Provisions
Because this project activity is funded in whole or in part by the Federal Government, or an Agency thereof,
Federal Law requires that the Applicant's contracts relating to the project include certain provisions.
Depending upon the type of work or services provided and the dollar value of the resultant contract, some of
the provisions set forth in this Section may not apply to the Contractor or to the work or services to be
provided hereunder; however, the provisions are nonetheless set forth to cause this Contract to comply with
Federal Law. Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(h) and (i).
A. Remedies. In the event that the Contractor defaults in the performance or observance of any covenant,
agreement or obligation set forth in this Agreement, and if such default remains uncured for a period of 5 days
after notice of default has been given by Applicant to Contractor, then Applicant may take any one or more of
the following steps, at its option:
a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to
perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or
in violation of the rights of the Applicant hereunder, or obtain damages caused to the Applicant by any
such default,
b. have access to and inspect, examine and make copies of all books and records of Contractor
which pertain to the project;
c. make no further disbursements, and demand immediate repayment from Proposer of any funds
previously disbursed under this Agreement;
d. terminate this Agreement by delivering to Contractor a written notice of termination; and /or
e. take whatever other action at law or in equity may be necessary or desirable to enforce the
obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds.
No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right
of Applicant to enforce the same or to obtain relief against or recover for the continuation or repetition of such
breach or violation or any similar breach or violation thereof at any later time or times. In the event that
Applicant prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay
the reasonable attorneys' fees and expenses incurred by Applicant.
B. Termination for Convenience. Applicant may choose to terminate this Agreement at any time by
delivering to Contractor a notice of termination. Delivery may be by letter, email or fax and is effective upon
issuance.
C. Termination for Cause. Applicant may choose to terminate this Agreement at any time by delivering to
Contractor 5 days' advance written notice of intent to terminate.
D. Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented
in Department of Labor regulations (41 CFR Chapter 60). (Applies to all construction contracts awarded in
excess of $10,000 by grantees and their contractors or subgrantees)
E. Contractor shall comply with the Copeland "Anti- Kickback" Act (18 U.S.C.874) as supplemented in
Department of Labor regulations (29 CFR Part 3). (Applies to all Contracts and subcontracts for construction or
repair)
F. Contractor shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276A- 7) as supplemented by
Department of Labor regulations (29 CFR Part 5). (Applies to construction contracts in excess of $2,000
awarded by grantees and subgrantees when required by federal grant program legislation, but does not apply
to projects paid for with disaster funding)
G. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Applies to
construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for
other contracts which involve the employment of mechanics or laborers)
H. Patent Rights and Copyrights. With respect to any discovery or invention which arises or is developed
in the course of or under this Agreement, Contractor is responsible for complying with requirements pertaining
to patent rights, as defined by the awarding agency. With respect to any publication, documents, or data that
arises or is developed in the course of or under this Agreement, the Contractor is responsible for complying
with requirements pertaining to copyright, as defined by the awarding agency.
I. Access to Documents. Contractor shall exercise best efforts to maintain communication with Applicant's
personnel whose involvement in the project is necessary or advisable for successful and timely completion of
the work of the project, including but not limited to the closing of specific transactions. Communications
between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject
matter to be addressed. During the term of this Agreement and for the ensuing record - retention period,
Contractor shall make any or all project records available upon reasonable request, and in any event within
two (2) business days of request, to Applicant, Iowa Homeland Security and Emergency Management Division
(HSEMD), the Federal Emergency Management Agency (FEMA), the Comptroller General of the United States,
and any other agency of State or Federal government, or the duly authorized representatives of any of the
foregoing, that has provided funding or oversight for the project, for the purpose of making audit,
examination, excerpts and /or transcriptions. For purposes of this section, "records" means any and all books,
documents, papers and records of any type or nature that are directly pertinent to this Agreement. Contractor
agrees to furnish, upon termination of this Agreement and upon demand by the Applicant, copies of all basic
notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor
pursuant to this Agreement, without cost and without restrictions or limitation as to the use relative to specific
projects covered under this Agreement. In such event, the Contractor shall not be liable for the Applicant's
use of such documents on other projects.
7. Retention of Documents. Contractor shall maintain all project records for a minimum period of three
(3) years after the date of final payment for services rendered under this Agreement.
K. The Contractor shall comply with all applicable standards, orders, or requirements issued under
Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368),
Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (Applies to
contracts, subcontracts, and subgrants of amounts in excess of $100,000)
Energy Efficiency Standards. The Contractor shall comply with mandatory standards and policies
relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the
Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as
amended at 60 CFR 19639, 19645, Apr. 19, 1995].
ABSTRACT SERVICES AGREEMENT
CITY OF DUBUQUE
THIS AGREEMENT between The City of Dubuque hereinafter referred to as CITY, and Dubuque
County Abstract and Title Company, of Dubuque, Iowa, hereinafter referred to as ABSTRACTOR:
• WHEREAS, the CITY intends to acquire, construct or improve four (4) residential properties,
hereinafter called PROJECT, in the City of Dubuque, Iowa, under the provisions of Grant Agreement
Number: HMGP -DR- 1893 - 0031 -01 between the City of Dubuque and Iowa Homeland Security and
Emergency Management.
SECTION A - ABSTRACT SERVICES
ABSTRACTOR agrees to perform, all legal services necessary to the organization, to acquire the
PROJECT, such services to include, but not limited to, the following:
1. Provide a continuation of the existing property abstract from the last date included on the abstract to
present by searching property records, property liens, personal judgments and liens, unsatisfied
mortgages and property easements.
2. Deliver updated abstract to the Attorney.
SECTION B - COMPENSATION
The property owner shall be responsible for providing an abstract for the subject property. The CITY shall
be responsible for the cost of bringing the abstract up to date. The cost for updating the abstract shall not
exceed $175.00 per individual property or $700 total for all four properties. In the event the abstract
cannot be located, it shall be the obligation of the property owner to pay for the cost of creating or
recreating the abstract.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement on the respective dates indicated below.
ATTEST:
(SEAL)
ATTEST: Age
/01#1910111--/
ABSTRACTOR:
Name
By
Date
CITY:
Name
By _Roy D. uol
Title _Mayor
Date May 7,2012
Government - Mandated Provisions
Because this project activity is funded in whole or in part by the Federal Government, or
an Agency thereof, Federal Law requires that the Applicant's contracts relating to the
project include certain provisions. Depending upon the type of work or services provided
and the dollar value of the resultant contract, some of the provisions set forth in this
Section may not apply to the Contractor or to the work or services to be provided
hereunder; however, the provisions are nonetheless set forth to cause this Contract to
comply with Federal Law. Parenthetical comments in the following paragraphs are taken
from 44 CFR § 13.36(h) and (i).
A. Remedies. In the event that the Contractor defaults in the performance or observance of
any covenant, agreement or obligation set forth in this Agreement, and if such default
remains uncured for a period of 5 days after notice of default has been given by Applicant
to Contractor, then Applicant may take any one or more of the following steps, at its option:
a. by mandamus or other suit, action or proceeding at law or in equity, require
Contractor to perform its obligations and covenants hereunder, or enjoin any acts
or things which may be unlawful or in violation of the rights of the Applicant
hereunder, or obtain damages caused to the Applicant by any such default;
b. have access to and inspect, examine and make copies of all books and
records of Contractor which pertain to the project;
c. make no further disbursements, and demand immediate repayment from
Proposer of any funds previously disbursed under this Agreement;
d. terminate this Agreement by delivering to Contractor a written notice of
termination; and /or
e. take whatever other action at law or in equity may be necessary or
desirable to enforce the obligations and covenants of Contractor hereunder,
including but not limited to the recovery of funds.
No delay in enforcing the provisions hereof as to any breach or violation shall impair,
damage or waive the right of Applicant to enforce the same or to obtain relief against or
recover for the continuation or repetition of such breach or violation or any similar breach or
violation thereof at any later time or times. In the event that Applicant prevails against
Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the
reasonable attorneys' fees and expenses incurred by Applicant.
B. Termination for Convenience. Applicant may choose to terminate this
Agreement at any time by delivering to Contractor a notice of termination. Delivery may
be by letter, email or fax and is effective upon issuance.
C. Termination for Cause. Applicant may choose to terminate this Agreement at
any time by delivering to Contractor 5 days' advance written notice of intent to terminate.
D. Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled
"Equal Employment Opportunity," as amended by Executive Order 11375 of October.13,
1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60).
(Applies to all construction contracts awarded in excess of $10,000 by grantees and their
contractors or subgrantees)
E. Contractor shall comply with the Copeland "Anti- Kickback" Act (18 U.S.C.874) as
supplemented in Department of Labor regulations (29 CFR Part 3). (Applies to all
Contracts and subcontracts for construction or repair)
F. Contractor shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276A- 7) as
supplemented by Department of Labor regulations (29 CFR Part 5). (Applies to
construction contracts in excess of $2,000 awarded by grantees and subgrantees when
required by federal grant program legislation, but does not apply to projects paid for with
disaster funding)
G. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor
regulations (29 CFR Part 5). (Applies to construction contracts awarded by grantees and
subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which
involve the employment of mechanics or laborers)
H. Patent Rights and Copyrights. With respect to any discovery or invention which arises or
is developed in the course of or under this Agreement, Contractor is responsible for
complying with requirements pertaining to patent rights, as defined by the awarding
agency. With respect to any publication, documents, or data that arises or is developed in
the course of or under this Agreement, the Contractor is responsible for complying with
requirements pertaining to copyright, as defined by the awarding agency.
I. Access to Documents. Contractor shall exercise best efforts to maintain communication
with Applicant's personnel whose involvement in the project is necessary or advisable for
successful and timely completion of the work of the project, including but not limited to
the closing of specific transactions. Communications between the parties shall be
verbal or in writing, as requested by the parties or as dictated by the subject matter to be
addressed. During the term of this Agreement and for the ensuing record - retention
period, Contractor shall make any or all project records available upon reasonable
request, and in any event within two (2) business days of request, to Applicant, Iowa
Homeland Security and Emergency Management Division (HSEMD), the Federal
Emergency Management Agency (FEMA), the Comptroller General of the United States,
and any other agency of State or Federal government, or the duly authorized
representatives of any of the foregoing, that has provided funding or oversight for the
project, for the purpose of making audit, examination, excerpts and /or transcriptions. For
purposes of this section, "records" means any and all books, documents, papers and
records of any type or nature that are directly pertinent to this Agreement. Contractor
agrees to furnish, upon termination of this Agreement and upon demand by the Applicant,
copies of all basic notes and sketches, charts, computations, and any other data
prepared or obtained by the Contractor pursuant to this Agreement, without cost and
without restrictions or limitation as to the use relative to specific projects covered under
this Agreement. In such event, the Contractor shall not be liable for the Applicant's use of
such documents on other projects.
J. Retention of Documents. Contractor shall maintain all project records for a minimum
period of three (3) years after the date of final payment for services rendered under this
Agreement.
K. The Contractor shall comply with all applicable standards, orders, or requirements issued
under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean
Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection
Agency regulations (40 CFR Part 15). (Applies to contracts, subcontracts, and
subgrants of amounts in excess of $100,000)
L. Energy Efficiency Standards. The Contractor shall comply with mandatory standards and
policies relating to energy efficiency that are contained in the State Energy Conservation
Plan issued pursuant to the Energy Policy and Conservation Act (Pub. L. 94 -163, 89
Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 CFR 19639, 19645, Apr.
19, 1995].