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Community Development Block Grant RecoveryRESOLUTION NO. 287-2009 (287-09) RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R) GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Whereas, the City of Dubuque has received funding from the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant Recovery (CDBG-R) grant ;and Whereas, the substantial amendment to the Fiscal Year 2008 Action Plan has been approved by the U.S. Department of Housing and Urban Development for the amount of $328,269; and Whereas, a grant agreement covering the activities proposed to be carried out with the Community Development Block Grant Recovery (CDBG-R) grant has been transmitted to the City of Dubuque by the U. S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement, authorized by the U.S. Department of Housing and Urban Development for the Community Development Block Grant Recovery (CDBG-R) grant to the City of Dubuque in the amount of $328,269 and identified as Grant Number B-09-MY-19-0004 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Grant Agreement on behalf of the City of Dubuque, Iowa as per the grant requirements. Passed, approved and adopted this 1 ~ t n day ~ us~009. ~ ~l, ~ ~ ~ ~ .,~: Roy . Buol, Mayor Attest: - --~~~ eanne F. Schneider, City Clerk F:\USERS\ATAUKE\CDBGWnnualPlan\FY 09\HPRP\CDBG-R grant agree.res.doc 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Community Development Block Grant-Recovery (CDBG-R) DATE: August 10, 2009 The City of Dubuque was notified in late February that it will receive $328,269 in Community Development Block Grant Recovery (CDBG-R) funds from the federal stimulus package. Housing and Community Development Department Director David Harris recommends City Council approval for the Mayor to execute the grant agreement for the CDBG-R grant funds. I concur with the recommendation and respectfully request Mayor and City Council approval. Mi ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director THE CITY OF DUB E Masterpiece on the Mississippi Dubuque ~ r 2007 TO: Mich , Van Milligen, City Manager FROM: David rris, Housing and Community Development Department SUBJECT: Community Development Block Grant-Recovery (CDBG-R) DATE: August 6, 2009 INTRODUCTION This memorandum requests City Council adoption of a resolution authorizing the Mayor to sign a Community Development Block Grant Recovery (CDBG-R) grant agreement with the U.S. Department of Housing and Urban Development (HUD) in the amount of $328,269. DISCUSSION The City of Dubuque was notified in late February that we will receive $328,269 in CDBG- R funds from the federal stimulus package. The CDBG-R grant is a supplemental appropriation and funds will be tracked separately from our regular CDBG funding. On June 1, 2009 the City Council approved the HUD required Substantial Amendment to the FY 2010 Annual Action Plan- Amendment 5 that had been recommended by the Community Development Advisory Commission. The attached letter from HUD informs the City that the amendment has been reviewed and a grant of $328,269 is approved. A Funding Approval/Agreement is included for execution by the City. The City Council must now approve execution of the grant agreement as provided by the attached resolution. RECOMMENDATION recommend that the City Council approve the attached resolution authorizing execution of the grant agreement with the U.S. Department of Housing and Urban Development. This will allow the City to begin expending funds for the grant activities. Action Step The action requested of the City Council is to approve the attached resolution executing the grant agreement for the Community Development Block Grant-Recovery (CDBG-R) grant funds in the amount of $328,269. Prepared by Aggie Tauke, Community Development Specialist F:\USERSWTAUKE\CDBG\CDBG-R\CDBG-R GrantAgree.memo.doc Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI-00515R of 20515R U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 1. Name of Grantee (as shown in item 5 of Standard Form 424) 3. Grantee's 9-digit Tax ID Number 4. Date use of funds may begin City of Dubuque, Iowa 42-6004596 06/04/2009 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 5a. Project/Grant No. 1 6a. Amount Approved City Hall B-09-MY-19-0004 $ 328,269 50 West 13~' Street 5b. ProjectlGrant No. 2 6b. Amount Approved Dubuque, IA 52001 DUNS #093105302 5c. ProjectlGrent No. 3 6c. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval maybe used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they aze authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name Patricia M. McCauley City of Dubuque Title Title Direct ,Community Planning and Development Division Honor e oy . Buol, yor of Dubuque Sig L/ /7 ).,,~ ~ _L_ /~/~- ®~/ ' Date (mmldd/yyyy) 07/ 30/2009 Signatur :~ Date (mmlddtyyyy) 7. Category of Title I Assistance for this Funding Action (check only one) ® E i l 8. Special Conditions (check one) 9a. a HUD Received Submission /04/2009 10. check one ®a. Orig. Funding a. nt t ement, Sec 106(b) ^ b. State-Administered, Sec 106(d)(1) ^ HUD Ad i i ^ None ®Attached 9b. Date Grantee Notified 07/30/2009 Approval ^ b. Amendment A d N c. - m n stered Small Cities, Sec 106(d)(2)(B) ^ d. Indian CDBG Programs, Sec 106(a)(1) 9c. Date of Start of Program Year men ment umber ^ e. Surplus Urban Renewal Funds, Sec 112(b) ^ f. Special Purpose Grants, Sec 107 11. Amount of Community Development Block Grant FY (2009) FY ( ) FY ( ) ^ g. Loan Guarantee, Sec 108 a. Funds Reserved for this Grantee $ 328,269 b. Funds now being Approved $ 328,269 c. Reservation to be Cancelled 11a minus 11b 12a. Amount of Loan Guarantee Commitment now being Approved Not Applicable 12b. Name and complete Address of Public Agency Not Applicable Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive 12c. Name loan guarantee assistance, and agrees to comply with the terms and Not A conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title assistance provided it. for ueslgnated Public Agency HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mmlddlyyyy) 153 ~^ 176 Y Y Date Entered PAS (mm/dd/yyyy) Date oom~~~~~o Project Number Amount Pro ect Number Amount Batch Number Transaction Code Entered By 570 form HUD-7082 (4/93) SPECIAL CONDITIONS TO THE GRANT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R) FUNDS AUTHORIZED AND APPROPRIATED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (PUBLIC LAW 111-5, FEBRUARY 17, 2009) CDBGR GRANTEE: City of Dubuque CDBG-R GRANT NUMBER: B-09-MY-19-0004 CDBG-R GRANT AMOUNT: $ 328,269 CDBG-R APPROVAL DATE: 06/11/2009 Special Conditions: The terms of the Grant Agreement include the following special conditions: 1. The Grant Agreement between the U.S. Department of Housing and Urban Development (HUD) and the above named Grantee, is made pursuant to the authority of Title XII of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (the Recovery Act). The Grantee acknowledges that the CDBG-R grant is one-time funding. 2. The Grant Agreement is governed by and the Grantee shall comply with the requirements of the Recovery Act; the Notice of Program Requirements for Community Development Block Grant Program Funding Under the American Recovery and Reinvestment Act of 2009, 74 Fed. Reg. 21816 (May 11, 2009) available at http://www.hud.~ov/recovery/cdblock.cfin (as now in effect and as maybe amended from time to time) (the Notice); Title I of the Housing and Community Development Act of 1974, as amended (42 USC 5301 et seq.) (as modified by the Notice); and, the HUD regulations at 24 CFR part 570 (as now in effect and as maybe amended from time to time) as modified by the Notice (the Regulations). The Grantee's submissions, the Notice, the Funding ApprovaUAgreement (form HUD-7082) and the special conditions described herein are incorporated by reference and constitute part of the Grant Agreement. Submissions include the CDBG-R action plan substantial amendment, including the certifications and assurances and any information or documentation required to meet any grant award conditions. In the event of conflict between a provision of the Grantee's submissions and any other provision of this Grant Agreement document, the latter shall control. 3. The Grantee shall comply with government wide guidance and standard award terms established by the Office of Management and Budget (OMB) concerning the implementation of the Recovery Act, including Requirements for Implementing Sections 1512, 1605, and 1606 of the American Recovery and Reinvestment Act of 2009 for Financial Assistance Awards, 74 Fed. Reg. 18449 (Apri123, 2009) (to be codified at 2 CFR Part 176) (as now in effect and as maybe amended from time to time). Notwithstanding the foregoing, the CDBG-R Special Grant Conditions Page 1 of 2 Grantee shall comply with Section 110 of the CDBG Statute concerning the Davis-Bacon Act. The Grantee shall comply with reporting requirements established by HUD and OMB (including all revisions to such reporting requirements), as well as Sections 1511, 1515, and 1553 of the Recovery Act (including implementing guidance). 4. The Grantee shall at all times maintain an up-to-date copy of its Grantee Submission, including all amendments approved by HUD, on its Internet website as required by the Notice. The Grantee shall maintain information on all drawdowns, deposits, and expenditures of grant funds and program income under this Grant Agreement and any other records required by applicable law, in its files, and shall make such information available for audit or inspection by duly authorized representatives of HUD, HUD's Office of the Inspector General, the Recovery Act Transparency Board, or the Comptroller General of the United States. 5. In addition to other lawful remedies, HUD reserves the right to restrict access to grantees' CDBG-R funds for delinquent, incomplete, or inaccurate reporting. This includes the right to suspend access to the Integrated Disbursement and Information System (IDIS) should the Grantee fail to comply with quarterly CDBG-R reporting requirements. 6. The Grantee may take advantage of the pre-award costs provisions at 24 CFR 570.200(h) to incur pre-award costs associated with the development of the substantial amendment to the action plan beginning May 5, 2009. The Grantee may also incur costs prior to the grant award for specific activities as of the date the CDBG-R action plan substantial amendment was submitted to HUD. 7. The Grantee is advised that providing false, fictitious or misleading information with respect to CDBG-R funds may result in criminal, civil or administrative prosecution under 18 U.S.C. § 1001, 18 U.S.C. § 1343, 31 U.S.C. § 3729, 31 U.S.C. § 3801 or another applicable statute. The Grantee shall promptly refer to HUD's Office of the Inspector General any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving CDBG-R funds. 8. In any contract involving the use of CDBG-R funds, the Grantee shall include, and require its subrecipients and contractors to include, a project sign provision consistent with criteria established by the Secretary. 9. The Grantee shall have until September 30, 2012, to expend the entire CDBG-R Grant Amount. CDBG-R funds not expended by September 30, 2012, will be recaptured by HUD. 10. The Grantee shall extend all applicable terms and conditions of this grant award to subrecipients and contractors, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR). 11. The Grant Agreement maybe amended in writing by HUD. In considering proposed amendments to this Grant Agreement, HUD shall review, among other things, whether the amendment is otherwise consistent with the Recovery Act, the Housing and Community Development Act, the Notice and the Regulations. CDBG-R Special Grant Conditions Page 2 of 2 ~tMENTOF O f N ~~ II~II~II ~~~ AegM DEV@~'pQ Honorable Roy D. Buol Mayor of Dubuque City Hall 50 West 13th Street Dubuque, IA 52001 Dear Mayor Buol: U.S. Department of Housing and Urban Development Omaha Field Office Edward Zorinsky Federal Building 1616 Capitol Avenue, Suite 329 Omaha, Nebraska 68102-4908 July 30, 2009 The American Recovery and Reinvestment Act of 2009 (Recovery Act), signed into law on February 17, 2009, appropriated $1 billion in CDBG funds to states and local governments to carry out, on an expedited basis, eligible activities under the CDBG program. The Recovery Act is an unprecedented effort to jumpstart the American economy, save and create millions of jobs, and address long-neglected challenges so our country can thrive in the 21st century. The CDBG program is a key component in state and local efforts to stabilize neighborhoods and create jobs. The Department is pleased to announce that the Substantial Amendment to your jurisdiction's Fiscal Year 2008 Action Plan has been approved. The City of Dubuque has been authorized to receive $ 328,269 in Community Development Block Grant Recovery (CDBG-R) Program funding. Please note that all CDBG-R funds must be spent not later than September 30, 2012. Please be advised that HUD establishes acut-off date for submission of draw requests several days before the end of a fiscal year because of systems and disbursing related issues. You will be notified of the expenditure cut-off date for the CDBG-R grant funds in 2012. Enclosed are three copies of the Grant Agreement (including the Funding Approval (Form HUD- 7082) and Special Conditions) between the U. S. Department of Housing and Urban Development (HUD) and the City of Dubuque for the CDBG-R Program. Please return two copies of the executed grant agreement to this office. In order to establish a Line of Credit for your CDBG-R grant, it will be necessary to execute and return two copies of the Grant Agreement, retaining one copy for your files. Failure to execute and return the grant agreements within 30 days of the transmittal date maybe deemed to constitute rejection of the grant and cause for HUD to determine that the funds are available for reallocation to other grantees. If there is a need to delete or add individuals authorized to access the Integrated Disbursement and Information System (IDIS), an IDIS Security Access Authorization Form (February 1999) must be prepared, notarized, and returned to this office with the Grant Agreement. Program progress must be recorded in IDIS on a regular basis. HUD will use this system to obtain beneficiary data and monitor your jurisdiction's program implementation and performance. 2 If there is need to establish or change the depository account to which these grant funds are to be wired, a Direct Deposit Sign-Up Form (SF-1199A) must be completed by you and your financial institution and mailed to this office. A copy is enclosed for your convenience. Grantees are reminded that the Recovery Act was enacted to provide an immediate stimulus to the economy. The quarterly reporting requirements discussed below are one manifestation of the need for all grantees to demonstrate how CDBG-R funds are being put to immediate use, to stimulate the economy as well as to produce long-term improvements. Another reason that Recovery Act funds have been provided to states and local governments is the recognition that states and local governments are suffering from serious budgetary constraints as a result of simultaneous revenue shortfalls and increased demand for services. The current practice by many grantees - to meet immediate cash needs by paying outstanding obligations for CDBG activities with local funds, and then to obtain reimbursement from their Line of Credit on asemi-annual or yearly basis -works against governments' fiscal constraints as well as the transparency provisions of the Recovery Act. HUD strongly encourages grantees to examine their current funds drawdown practices for HUD formula grant funding, and to make adjustments as necessary to ensure that CDBG-R funds are drawn down on a regular basis. HUD expects that grantees will draw down CDBG-R funds on at least a quarterly basis, assuming the existence of actual cash needs for CDBG-R activities, and consistent with federal financial management regulations. Certain activities are subject to the provisions of 24 CFR Part 58, Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities. Funds for such activities may not be obligated or expended unless the release of funds has been approved in writing by HUD. A request for the release of funds must be accompanied by an environmental certification. The Recovery Act requires that all State and local governments receiving Recovery Act funds report on the status of the environmental compliance reviews for all of their Recovery Act funded activities. HUD grantees are required to go to: http://portal.hud.gov/app ramps/ and complete the information for all Recovery Act funded activities. Information should be entered when an activity's environmental compliance review is started and when it is completed. This reporting requirement will continue throughout the implementation period of the activity. You are also reminded that the Recovery Act requires timely and accurate reporting of the CDBG-R grant in IDIS. Section 1512 of the Recovery Act requires that no later than 10 days after the end of each calendar quarter, each grantee is required to comply with quarterly reporting requirements regarding: (1) the total amount of recovery funds received; (2) the amount of recovery funds received that were expended or obligated to project activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including the name of the project or activity; a description of the project or activity; an evaluation of the completion status of the project or activity; an estimate of the number of jobs created and number of jobs retained by the project or activity; and for infrastructure investments made, the purpose, total cost and rationale of the agency for funding infrastructure investment with funds made available under the Recovery Act and name of person to contact at the jurisdiction, if there are concerns with the infrastructure investment. At this time, HUD intends that grantees will enter this data into IDIS so that HUD can automatically generate the quarterly reports. However, the Office of Management and Budget has not finalized the government-wide reporting requirements for Recovery Act funds, and may not do so until mid-August. HUD will provide guidance on specific reporting requirements at a later date. The necessary changes to IDIS to accommodate CDBG-R reporting requirements have not been fully implemented yet. In the meantime, please make sure you are collecting all necessary data, both from grantee sources and from all subrecipients and contractors, as it maybe necessary for you to backfill this data into IDIS at a later date once system changes have been made. Section 1605 of the Recovery Act requires grantees to comply with provisions of the Buy American Act for all CDBG-R assisted public buildings and public works. HUD is in the process of developing further implementation guidance for grantees regarding compliance with this provision and the process for requesting a waiver of these provisions. Section 1604 of the Recovery Act contained language that significantly expanded the applicability of Davis-Bacon Act labor standards provisions to CDBG-R funded construction work. Please be advised that Section 1205 of the Supplemental Appropriations Act signed by President Obama on June 24, 2009, repealed the applicability of Section 1604 of the Recovery Act to CDBG-R activities. All CDBG-R funded construction activities are now subject to the same labor standard provisions that apply to regular (annual formula) CDBG funding, pursuant to Section 110 of the Housing and Community Development Act of 1974, as amended. Grantees are reminded that all first-tier subrecipients and contractors, as well as the grantee itself, are required to have or obtain a DUNS number, and to register with the Central Contractor Registration (CCR). Registration information for the Central Contractor Registry can be found at: http://www.ccr.gov/startregistration.aspx. DUNS number registration information can be obtained at: http://www.grants.gov/applicants/request_duns_number.j sp. If you have any questions or require any assistance, please contact Ms. Kim Radice, Community Planning and Development Representative, at (402) 492-3190. We look forward to working with you and your staff throughout the coming year. Sincerely, ~ ~~ Patricia M. McCauley Director, Community Planning and Development Enclosures '~ Funding Approval/Agreement ' Title I of the Housing and Community Development Act (Public Law 930383) HI-00515R of 20515R U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 1. Name of Grantee (as shown in item 5 of Standard Form 424) 3. Grantee's 9-digit Tax ID Number 4. Date use of funds may begin City of Dubuque, Iowa 42-6004596 06/04/2009 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 5a. Project/Grant No. 1 6a. Amount Approved City Hall B-09-MY-19-0004 $ 328,269 50 West 13u' Street 5b. Project/Grant No. 2 6b. Amount Approved Dubuque, IA 52001 DUNS #093105302 5c. ProiectlGrant No. 3 sc Amount annrnvarl Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-reci Tent entities to which it makes fundin assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name Patricia M. McCauley City of Dubuque Title Title Direct, Community Planning and Development Division HnnnrahlP Rnv T) Rnnl A/ravnr ~.f Th.t,......o Slgn~t~/ %~ ),,,~ ' ~ ®~~ Date (mmldd/yyyy) Signature Date (mmlddlyyyy) L 07/ 30/2009 7. Category of Title I Assistance for this Funding Action (check only one) 8. Special Conditions h 9a. Date HUD Received Submission 10. check one ® a. Entitlement Sec 106(b) (c eck one) ^ N 06/04/2009 ®a. Orig. Funding , one 9b D G A roval ^ b. State-Administered, Sec 106(d)(1) ®Attached . ate rantee Notified pp Amendment ^ b ^ c. HUD-Administered Small Cities Sec 106(d)(2)(B) 07/30/2009 . , ^ d. Indian CDBG Programs, Sec 106(a)(1) 9c. Date of Start of Program Year Amendment Number ^ S l U b R e. urp us r an enewal Funds, Sec 112(b) 11. Amount of Community Development ^ f. Special Purpose Grants, Sec 107 ^ L Block Grant FY (2009) FY ( ) FY ( ) g. oan Guarantee, Sec 108 a. Funds Reserved for this Grantee $ 328,269 b. Funds now being Approved $ 328,269 c. Reservation to be Cancelled 19a Gmnnnf nfl non!_~~~.~..r•.... l~....,....:~......-a __... ~-:__ "____--_~ 11a minus 11b ._. .. Not Applicable Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. rcu. ivamc nlw wmplete AOOre55 OT f'UDIIC HgenCy Not Applicable 12c. Name of Authorized Official for Designated Public Agency Not Applicable Tltle nature •.~..+.-.....vu~~uny uav Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mmlddlyyyy) F 176 ~oaomm~ ~ ^ Y Project Number Amount Y Pro ect Number Amount Date Entered PAS (mm/ddlyyyy) Date Entered LOCCS (mm/ddlyyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082 (4/93) SPECIAL CONDITIONS TO THE GRANT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R) FUNDS AUTHORIZED AND APPROPRIATED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (PUBLIC LAW 111-5, FEBRUARY 17, 2009) CDBG-R GRANTEE: City of Dubuque CDBG-R GRANT NUMBER: B-09-MY-19-0004 CDBG-R GRANT AMOUNT: $ 328,269 CDBG-R APPROVAL DATE: 06/11/2009 Special Conditions: The terms of the Grant Agreement include the following special conditions: 1. The Grant Agreement between the U.S. Department of Housing and Urban Development (HUD) and the above named Grantee, is made pursuant to the authority of Title XII of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (the Recovery Act). The Grantee acknowledges that the CDBG-R grant is one-time funding. 2. The Grant Agreement is governed by and the Grantee shall comply with the requirements of the Recovery Act; the Notice of Program Requirements for Community Development Block Grant Program Funding Under the American Recovery and Reinvestment Act of 2009, 74 Fed. Reg. 21816 (May 11, 2009) available at httn://www.hud.~ov/recovery/cdblock cfin (as now in effect and as maybe amended from time to time) (the Notice); Title I of the Housing and Community Development Act of 1974, as amended (42 USC 5301 et seq.) (as modified by the Notice); and, the HUD regulations at 24 CFR part 570 (as now in effect and as maybe amended from time to time) as modified by the Notice (the Regulations). The Grantee's submissions, the Notice, the Funding Approval/Agreement (form HUD-7082) and the special conditions described herein are incorporated by reference and constitute part of the Grant Agreement. Submissions include the CDBG-R action plan substantial amendment, including the certifications and assurances and any information or documentation required to meet any grant award conditions. In the event of conflict between a provision of the Grantee's submissions and any other provision of this Grant Agreement document, the latter shall control. 3. The Grantee shall comply with government wide guidance and standard award terms established by the Office of Management and Budget (OMB) concerning the implementation of the Recovery Act, including Requirements for Implementing Sections 1512, 1605, and 1606 of the American Recovery and Reinvestment Act of 2009 for Financial Assistance Awards, 74 Fed. Reg. 18449 (Apri123, 2009) (to be codified at 2 CFR Part 176) (as now in effect and as maybe amended from time to time). Notwithstanding the foregoing, the CDBG-R Special Grant Conditions Page 1 of 2 Grantee shall comply with Section 110 of the CDBG Statute concerning the Davis-Bacon Act. The Grantee shall comply with reporting requirements established by HUD and OMB (including all revisions to such reporting requirements), as well as Sections 1511, 1515, and 1553 of the Recovery Act (including implementing guidance). 4. The Grantee shall at all times maintain an up-to-date copy of its Grantee Submission, including all amendments approved by HUD, on its Internet website as required by the Notice. The Grantee shall maintain information on all drawdowns, deposits, and expenditures of grant funds and program income under this Grant Agreement and any other records required by applicable law, in its files, and shall make such information available for audit or inspection by duly authorized representatives of HUD, HUD's Office of the Inspector General, the Recovery Act Transparency Board, or the Comptroller General of the United States. 5. In addition to other lawful remedies, HUD reserves the right to restrict access to grantees' CDBG-R funds for delinquent, incomplete, or inaccurate reporting. This includes the right to suspend access to the Integrated Disbursement and Information System (IDIS) should the Grantee fail to comply with quarterly CDBG-R reporting requirements. 6. The Grantee may take advantage of the pre-award costs provisions at 24 CFR 570.200(h) to incur pre-award costs associated with the development of the substantial amendment to the action plan beginning May 5, 2009. The Grantee may also incur costs prior to the grant award for specific activities as of the date the CDBG-R action plan substantial amendment was submitted to HUD. 7. The Grantee is advised that providing false, fictitious or misleading information with respect to CDBG-R funds may result in criminal, civil or administrative prosecution under 18 U.S.C. § 1001, 18 U.S.C. § 1343, 31 U.S.C. § 3729, 31 U.S.C. § 3801 or another applicable statute. The Grantee shall promptly refer to HUD's Office of the Inspector General any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving CDBG-R funds. 8. In any contract involving the use of CDBG-R funds, the Grantee shall include, and require its subrecipients and contractors to include, a project sign provision consistent with criteria established by the Secretary. 9. The Grantee shall have until September 30, 2012, to expend the entire CDBG-R Grant Amount. CDBG-R funds not expended by September 30, 2012, will be recaptured by HUD. 10. The Grantee shall extend all applicable terms and conditions of this grant award to subrecipients and contractors, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR). 11. The Grant Agreement maybe amended in writing by HUD. In considering proposed amendments to this Grant Agreement, HUD shall review, among other things, whether the amendment is otherwise consistent with the Recovery Act, the Housing and Community Development Act, the Notice and the Regulations. CDBG-R Special Grant Conditions Page 2 of 2