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