Port of Dbq Cleanup EDI GrantMEMORANDUM
June 10,2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Application for Economic Development Initiative Grant for the Cleanup of
Properties in Port of Dubuque
During the past six months, the City has acquired properties in the Port of Dubuque
from ConAgra, Miller Trucking, Bob Miller and the Klauer Manufacturing Company.
As a result of the City's Federal Initiatives Program, our Congressional delegation has
responded to our request for assistance in demolition and cleanup of properties in the
Port of Dubuque. Congress approved, as part of the 2003 budget, a grant of $357,660
through the Department of Housing and Urban Development Economic Development
initiative Program.
Roy A. Bemardi, HUD's Assistant Secretary, has invited the City to submit an
application for the grant.
Economic Development Director Bill Baum recommends City Council approval of the
application for a $357,660 grant from the Department of Housing and Urban
Development for cleanup activities in the Port of Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
CC:
Michael C. Van Milligen %
Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
William J. Baum, Economic Development Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 10, 2003
TO:
FROM:
SUBJECT:
Michael Van Milligen, City Manager
Baum, Economic Development Director~~-~r~'~'''~
William
J.
Application for Economic Development Initiative Grant for the
cleanup of properties in Port of Dubuque
INTRODUCTION
The attached resolution provides for the approval of an application for a $357,660 grant
from our Congressional delegation through the Department of Housing and Urban
Development for cleanup activities in the Port of Dubuque.
DISCUSSION
During the past six months, the City has acquired properties in the Port of Dubuque
from ConAgra, Miller Trucking, Bob Miller, and the Klauer Manufacturing Company.
Possession of properties not under City control will occur on July 1, 2003.
As a result of the City's Federal Initiatives program, our delegation has responded to our
request for assistance in demolition and cleanup of properties in the Port of Dubuque.
Congress approved, as part of the 2003 budget, a grant of $357,660 through the
Department of Housing and Urban Development Economic Development Initiative
Program.
Enclosed is a letter from Roy A. Bemardi, HUD's Assistant Secretary, inviting the City to
submit an application for the grant.
RECOMMENDATION
I recommend the City Council approve the Application for $357,660 to be submitted to
the Department of Housing and Urban Development.
ACTION STEP
The requested action is for the City Council to adopt the attached resolution approving
the Application, and authorizing the Mayor to sign the Application and a contract with
HUD for the grant.
F:~USERS~,WBa u m'~Memo from Bill Baum to M~e Van Milligen on EDI grant.d~c
RESOLUTION NO. 200-03
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION
TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Whereas, the City Council of Dubuque has approved a Master Plan for the Port
of Dubuque; and
Whereas, the City Council of Dubuque, Iowa is committed to the acquisition and
assembly of properties in the Port of Dubuque to implement the Master Plan; and
Whereas, the Department of Housing and Urban Development (HUD) has been
provided direction from Congress to assist the City of Dubuque in the clean-up of
properties in the Port of Dubuque, and
Whereas, HUD has invited the City to submit an application for Economic
Development Initiative assistance in the amount of $357,660.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an application for $357,660 of HUD Economic
Development Initiative for cleanup activities in the Port of Dubuque is hereby approved.
Section 2. That the Mayor is hereby authorized to execute the application, and
execute a contract with HUD for $357,600; and the City Manager is hereby directed to
submit the application and contract documents to the Department of Housing and Urban
Development together with other attachments as may be required.
Passed, approved, and adopted this 16th day of June, 2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:\USERS\WBaum\Federal InifiatJves~Resotution approving ED[ app.doc
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY PLANNING AND DEVELOPMENT
WASHINGTON, DC
APPLICATION FORM FOR FY 2003 EDI-SPECIAL PROJECT GRANT
Federal Tax IDg 42~5004596
Type of Applicant (cheek appropriate box) (3)
[] Unit of General Government
[] Housing Authority
[] College or Univocsity
[] Other Nonprofit
(1)
Tel: (563)5894393 Ext.
Fax: (563)589-1733
Congressional Distr¢[s) (4)
Applicant: Iowa 1~ Dis~¢t
Project: Iowa 1~ District
Name, Mailing Address and Numbem of Contact Person (give area code):
William J. Battm
Economic Development Director
City of Dubuque
50 West 13' Street
Dubuque, lA 52001
(2)
P~ojeet~lucludes Consilnlction and/or Demolition and/or (5]
Acquisition:
[] Yes
[] No
Participating Parties: enter name and fitnc~ion of any participating parties.
NAME
N/A
FUNCTION
(61
Project Description (must conform to description in HUD Conference Committee Report which is quoted in the invitation letter from HUD to ~4pplicant- (7
use additional pages if needed):
The City of Dubuque is proposing to use the EDI program to assist in cleaning up properties acquired for the redevelopment of the
Port of Dubuque. Four parcels of property consisting of approximately 15 aeras have been acquired for redevelopment. Cleanup
activities include demolition of existing structures, environmental mitigation, and site preparation. Activities will be started in July
and complete by September 2003.
Cream mount (~ot to exceed mount appropriated): $ 357,660.00 (8)
TO TIlE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN TInS A~PLICATION ARE TRUE AND
CORRECT. TI-IIS APPLICATION HAS BEEN DULY AUTHORIZED BY 'l'ltE GOVERNING BODY OF THE
APPLICANT AND SIGNED BY AN OFFICIAL AUTHORIZED TO APPLY FOR AND MANAGE A FEDERAL GRANT.
THE APPLICANT W~L COMPLY WITH TlCIE ATTACHED ASSURANCES IF TIlE ASSISTANCE IS AWARDED.
Type Phone Number of Authorized Representative:
(563)5894110 Ext.
/s/ Terrance M. Duggan, Mayor
TypeNameofAuthotizedRepresentative: I TypeTitieofAuthorizedRepreseatative:
Date Authorized Representative Signed:6/17/2003
EDI BUDGET SUMMARY
CLEAN UP OF PROPERTIES IN PORT OF DUBUQUE
Administration and Legal .......................................... $1,000
Architectural and Engineering .................................... $ 3,000
Project Inspection Fees ........................................... $1,500
Demolition, Removal, Site Work, and Mitigation ............... $ 348,500
Contingencies ......................................................... $ 3,660
TOTAL PROJECT COST
$ 357,660
F:\USERS\WBaum\Port of Dubuque\EDI BUDGET SUMMARY.doc
Ms. Pauline Joyce
Budget Officer
City of Dubuque_
50 West 13th Street
Dubuque, IA 25001
Dear Ms. Joyce:
The Congress has directed our Department to provide funding from the Economic
Development Initiative (EDI) account for certain special projects, pursuant to the VA-HUD-
Independent Agencies Appropriations Act of FY 2003 (PL 108-7). These projects are
specified in the Conference Report (HR 108-10), which accompanies the Act. The amount
shown below is 99.35% of the amount specified in the conference report because of a .65%
rescission mandated in the Act.
The Conference Report specifies the following special project(s):
$357,660: for land acquisition and dean-up. (B-03-SP-IA-0193)
The Report also specifies that projects receiving funds must comply with environmental
review requirements and that legislative waivers of such requirements will not be
entertained. More detailed information on these environmental requirements is provided in
the enclosed Application Kit. In addition, funds provided for projects shall not be used for
reimbursement of expenses incurred prior to enactment of the Act on February 20, 2003.
Enclosed are all the materials necessary to apply for the project(s) listed above, to be
completed and returned to the Department as explained in the instructions. As soon as we
receive your completed application, we will review it promptly for consistency with the intent
of Congress and applicable requirements and will notify you directly regarding approval of
funding for the project(s).
If your staff have any questions regarding the application package, they may contact the
Office of Economic Development, Room 7146, U.S. Department of Housing and Urban
Development, Washington, DC 20410, at (202) 708-3773.
I look forward to working with you to see your special project to completion.
Sincerely,
Enclosure
Assistant Secretary
Applicant Assurances and u.s. Department of Housing OMB Approval No. 2501-0017
Certifications and Urban Development (exp. 03/31/2005)
Instructions for the HUD-424-B Assurances and Certifications
As part of your application for HUD funding, you, as the offieial authorized to sign on behalf of your organization
or an an individual must provide the following assurances and certifications. By signing this form, you are stating that to the
best of your knowledge and belief, all assertions are true and correct.
As the duly authorized representative of the applicant, t certify that the
applicant [Insert below the Name and title of the Authorized Representative,
name of Organization and the date of signature]:
Name:merrance Duclclan , Tkle:~
Organiantian: Citv of Dubuaue , Date: 6/16/03
1. Has the legal authority to apply for Federal assistance, has the
[nsttiutional, managadal and financial capability (including funds fo pay
the nomFedera] share of program costs) to plan, manage and complete
the program as descqbed in the application and the goveming body
has duly authorized the submission of the applioafion, including these
assurances and certifications, and authodzed rr~ as the official
representative of the applicant to act in connection wi~ the application
and to provide any additional information as may be required.
2. ~Ar~]l administer the grant in compliance wtih Title VI of the Civti Rights
Act of 1964 (42 U.S.C. 2000(d)) and implementing regulations (24 CFR
Part 1), which provide thai no person in the United States shell, on the
grounds of race, color or national odgin, be excluded from participation
in, be denied the benefits of, or otherwise be subjected to discrtminafion
under any program or activity that receives Federal financial assistance
OR if the applicant is a Federally recognized indian thbe or its thhally
designated housing entity, is subject to the indian CMl Rights Act
25 U.S.C. 1301-1303).
L Will administer the grant in compliance with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and implement-
log rogoiaAions at 24 CFR Part 8, and the Age Discrimination Act of 1975
42 U.S.C. 6101-07), as amended, and implementing regulations at 24
;FR Part 146 which together provide that no person in the United ~
shall, on the grounds of disability or age, be excluded from participation
in, be denied the benefits of, or otherwise be subjected to discrimination
under any program or activity that receives Federal financial assistance;
except if the grant program authorizes or iimita participation to designat-
ed populations, then the applicant will comply with the nondiscrimination
requtrements within the designated population.
4. Will comply with the Fair Housing Act (42 U.S.C. 3601-19), as
amended, and the implementing regulations aA 24 CFR Part 100, which
prohibit discrimination in housing on the basis of race, color, religion,
sex, disability, familia] status, or national odgin; excep~ applicant
which is an Indian bibe or tis instruments]ity which is excluded by
statute fi'om coverage does not make this cediticatior~nd further
except if the grant program authorizes or limits participation
to designated papulations, then the applicant will comply with the
nondisedminafion requirements within the designated population.
5. Will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and
Real Property Acquisition Policias Act of 1970, as
amended (42 U.S.C. 4601) and implementing regula-
tions at 49 CFR Part 24 and 24 CFR 42, Subpart A.
6. Will cemply with the environmental requirements
of the National Environmental Policy Act (42 U.S.C.
4321 et seq. ) and related Federal authorities pdor fo
the commtiment or expenditure of fiands for property
acquisition and physical development activities subject
to implementing regulations at 24 CFR parts 50 or 58.
7. Will or will continue to provide a drug-free workplace
by:
(a) Publishing a statement notifying employees that
the uniaw[ul manufacture, distribution, dispensing,
possession, or use of a controlled substance is
prohibited in the applicant's workplace and
specifying the addons that will be taken against
employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness
program to inform employees about -
(1) The dangers of drug abuse in the workplace;
(2) The applicant's policy of maintaining a drug-free
workplace;
(3) Any avatlab]e drug counseling, rehabilitation, and
employee assistance programs; and
(4) The penalties that may be imposed upon employees
for drug abuse violations occurring in the workplace;
( c ) Making it a requirement that each employee to be
engaged in the performance of the grant be given a
copy of the statement required in Paragraph (a);
(d) Notifying the employee in the statement required
by paragraph (a) that, as a condition of empiayment
under the grant, the employee will -
(1) Abide by the terms of the stCement; and
(2) Notify the empiayer in writing of his or her
conviction for a vieiaA~n of a criminal drug statute
occuntng in the workplace no later than five calen-
dar days after such conviction;
Page 1 of 2 form HUD-424-B (01/2003)
Applicant Assurances and
Certifications (Continued)
U.S. Department of Housing
and Urban Development
OMB Approval No. 2501-0017
(exp. 03/31/2005)
(e) Notifying the agency in writing, within ten calendar days after
receiving notice under paragraph (d)(2) from an employee or
otherwise receiving actual notice of such conviction. Employers
of convicted employees must provide notice, thduding position
title, to every grant officer or other designee on whose grant
activtiy the convicted employee has worked, unless the Federal
agency has designated a central point for the receipt of such
notices. Notice shall include the identification number(s) of each
affected grant;
(f~ Taking one of the fbllowing actons, within 30 calendar days of
eceiving notice under paragraph (d)(2), with respect to any
~mployee who is so convicted-
1) Taking appropriate personnel action against such an
~mployee, up to and including termination, consistent with the
~!uirements of the Rehabiittation Act of 1973, as amended; or
2) Requiring such employee to participate sa§sfac~rily in a
~rug abuse assistance or rehabilitation program approved for
~uch purposes by Federal, State, or iocat health, law enforce-
~ent, or other appropriate agency;
g) Making a good faith effort to continue to maintain a d~ug~
Yea workplace through implementation of paragraphs (a),
lb), (c), (d), (e), and
ih). Tbe applicant may insert in the space provided below the site(s)
Ur the performance of work or may provide this information in
:onneation wi~h each application.
',i). Place of Performance (street address, city, county, stye, z~p
;ode)
3. in accordance with 24 CFR Part 24, and its principals:
',a) Are not presently debarred, suspended, proposed for
~eberment, declared ineligible, or voluntarily excluded Eom
:ovemd transacitons by any Federal department or agency;,
lb) Have not within a three year period preceding this pmgasal,
~een convicted of or had a civil judgement rendered against them
=or commission of fraud or a criminal offense in connection with
~btaining, attempting to obtain, or performing a public (Federal,
.~tate or local) transaction; violation of Federal or State antitrust
~'fatates or commission of embezzlement, theft, forgery, bribery,
:alsification, or destruction of records, making fa[se statements,
3r receiving stolen property;
~ c) Are not presently indicted for otherwise edminally or civilly
;hargad by a governmental entity (Federal, State, or Igc. al) with
:ommission of any of the offenses enumerated in the
(e) Will include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclu-
sion - Lower 3-~er Covered Transaction," provided by the
HUD without modification, in all lower tier covered trans-
actions and in all sct ctations for lower tier covered
transanth3ns.
senfations of the fact upon which HUD can rely when
awarding a grant. If it is later determined that I, the
applicant, knowingly made an erroneous certifications
or assurance, i may be subject to criminal prosecution.
HUD may also terminate the grant and take other avail-
Page 2 of 2 form HUD-424-B(01/2003)
Certification Regarding Lobbying
Certification for Contracts, Grants1 Loans, and Cooperative A,qreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2)
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3)
The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
Executed this 16th date of June, 2003
By
/s/ Terrance M. Duggan
(Typed or printed name)
Mayor
(Title, if any)
Covered action: Port of Dubuque Clean up
(Project name or activity)
F:\USERS~JGLEV~WORD\Cerfiflcation Regarding Lobbying.doc
034~0046
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.}
1. Type of Federal Action: 2. Status of Federal AetJon: 3. Report Type
[] a. CONTRACT [] a. BID/0FFEPJAPPLICATION ~ a. INITIAL FILING
b. GRANT b, INITIAL AWARD b, MATERIAL CHANGE
c. COOPERATIVE AGREEMENT c. POST-AWARD FOR MATERIAL CHANGE ONLY:
d. LOAN YEAR QUARTER
e. LOAN GUARANTEE DATE OF LAST REPOP~T
f. LOAN INSURANCE
~. Name and Address of Reporting EntitT: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of
[] PRIME [] SUBAWARDEE
TIER -- , IFKNOWN:
:ongressional District,/f known: Congressional District,/f known:
6. Federal Department/Agency 7. Federal I~ogram Name/Description:
CFDA Number, if appl/cable:
B. Federal Action Number if known: 9. Award Amount if known:
10a. Name and Address of Lobbying Entity b. Individual Performing Services (including address if d~fferent from No.
(If lndlvidual, last name, first name, MI) IOA) (last name, first name, MI)
~ [] actual [] planned -- ~} ONE-TIME FEE
14. Brief Description of Services performed or to be Performed and Date(s) of Service, including offier(s), employee(s), or Member(s) contacted, for
15. Continuation Sheet(s) SF-LLL-A attached: [] Yes [] No
Approved by OMB
DISCLOSURE OF LOBBYING ACTIVITIES 034~-0046
CONTINUATION SHEET
Page
of
Acknowledgment of Receipt
of Application for A
FY 2003 EDI-Special Project
U.S. Departmcmt of Housing
and Urban Development
Washington, DC 20410
Type or clearly print your name and return address in the space below.
William J. Baum, Economic Development Director
City of Dubuque, Iowa
50 West 13t~ Street
Dubuque, IA 52001
fold liue
To Be Signed/Dated Below by HUD Processing and Control Branch, Room 7251, 451
Seventh Street, SW, Washington, DC 20410:
We have received your application for a FY 2003 EDI-Special Project grant. The EDI-Special
Project Team will review your application and contact you if any more information is needed.
Otherwise, you should receive an approval package in the near future.
Processor's Name:
Date of Receipt: