Signed Contracts_IEDA Watershed Management Authority BoardMasterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer QP
SUBJECT: Iowa Economic Development Authority (IEDA) Contract, Watershed
Management Authority Board (WMAB)
DATE: December 29, 2011
Dubuque
All-America City
11111'
2007
INTRODUCTION
The purpose of this memorandum is to request execution of the Iowa Economic Development
Authority (IEDA) Community Development Block Grant (CDBG) Program — Watershed
Management Authority Phase I contract between the City of Dubuque and IEDA. This contract
will provide $24,500 in grant funding to create a Watershed Management Authority Board
(Board) subject to the terms of the grant contract.
BACKGROUND
On December 5, 2011, the City Council approved the submittal of a CDBG grant application for
the creation of a Watershed Management Authority Board (WMAB). The grant in the amount of
$24,500 will be used in the development of an 28E agreement among organizations and
stakeholders within the watershed (Dubuque County, City of Asbury, City of Peosta, Dubuque
County Conservation Board, National Mississippi River Museum & Aquarium, Farm Bureau —
Dubuque Chapter, etc.) to establish a Watershed Management Authority Board. Upon
establishment of the Board, the City will be able to compete for an additional $200,000 in grant
funding for watershed improvements. Per Council action, the City Manager was authorized to
accept the CDBG grant.
DISCUSSION
On December 12, 2011, the City was notified of grant award by the Iowa Economic
Development Authority. By execution of the attached contract, the City agrees to the terms and
conditions of the contract.
IOWA ECONOMIC DEVELOPMENT AUTHORITY
200 East Grand Avenue 1 Des Moines, Iowa 50309 USA 1 Phone: 515.725.3000
iowaeconomicdevelopment.com
December 12, 2011
The Honorable Roy D. Buol, Mayor
City of Dubuque
350 West 6th Street, Suite 312
Dubuque, IA 52001
SUBJECT: Contract Number 08- DRIFWP -203
IC )WA
economic development
Dear Mayor Buol:
The Iowa Economic Development Authority recently awarded a CDBG Water /Sewer contract to Dubuque.
Attached is the original contract document. Please review the document carefully, then sign and return the
original document to my attention. Be sure to keep a copy for your file. I will forward a signed copy of the
contract to you at a later date.
Attachment A of the contract cites performance measures to be completed by you. Your community will be
expected to report to our office periodically and submit formal requests for funds as needed. Please refer to
the "CDBG Management Guide for forms and instructions.
We encourage you to take an active role in the local monitoring and administration of your CDBG project. We
look forward to working with you on this worthwhile community development project.
If you have any questions please feel free to call your Project Manager, Joe Bohlke, at
(515) 725 -3011.
Sincerely,
i
Tim Metz
Contract and Compliance Manager
Enclosure
cc: ,
Joe Bohlke, IEDA
Governor Terry E. Branstad 1 Lt. Governor Kim Reynolds 1 Director Debi V. Durham
IOWA ECONOMIC DEVELOPMENT AUTHORITY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
WATERSHED MANAGEMENT AUTHORITY PHASE 1 CONTRACT
CDBG CONTRACT NUMBER: 08- DRIFWP -203
EFFECTIVE DATE: November 14, 2011
AWARD AMOUNT: $24,500
END DATE: May 14, 2012
THIS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ( "CDBG ") DISASTER RECOVERY
CONTRACT is made by and between the IOWA ECONOMIC DEVELOPMENT AUTHORITY, 200 East Grand Avenue,
Des Moines, Iowa 50309 ( "Authority" or "IEDA ") and Dubuque ( "Recipient "), effective as of the date stated above.
WHEREAS, the Authority is designated to receive, administer, and disburse CDBG funds; and
WHEREAS, the Authority received funds under the Supplemental Appropriations Act of 2008 (Public Law 110-
252) and the Consolidated Appropriations Act of 2009 (Public Law 110 -329) under the CDBG program; and
WHEREAS, the Authority desires to disburse grant funds to the Recipient for eligible purposes meeting the
national objectives of the CDBG Program pursuant to 24 C.F.R. 570.208(d)(4); and
WHEREAS, the Recipient submitted an Application for funding to Iowa Department of Natural Resources
( "IDNR ") for the purposes set forth in the Application, and in cooperation with IEDA, IDNR has approved such
application; and
WHEREAS, based on the Application approved by the IDNR, the Authority has determined to fund the activity
described therein; and
WHEREAS, the Authority has relied upon the representations of proposed Project activities; management and
financial condition of the Recipient; investment of other Project funds; and other material information contained therein;
and
NOW, THEREFORE, the Recipient accepts this grant upon the terms and conditions set forth in this Contract.
In consideration of the mutual promises contained in this Contract and other good and valuable consideration, it is
agreed as follows:
ARTICLE 1
DEFINITIONS
As used in this Contract, the following terms shall apply:
1.1 ACT. "Act" means Title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. 5301 et
seq.) and the regulations now or hereafter promulgated thereunder and the guidance now or hereafter disseminated with
respect thereto.
1.2 ACTIVITY. "Activity" is a discrete item of work as determined to be eligible under 24 CFR Part 570.482. Activities are
line items in the budget and have specific performance targets.
1.3 ALLOWABLE COSTS. "Allowable Costs" are those costs which are identified on Attachment A, Scope of Services
and Budget; Attachment B, Application submitted to IDNR; and which are consistent with Federal regulations and the Program
Rules.
1.4 APPLICATION. "Application" means the application submitted by the Recipient to IDNR for funding through the
Program.
1.4 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG). "Community Development Block Grant
Program" means the grant program authorized by Title I of the Housing and Community Development Act of 1974, as amended.
1.5 CONSOLIDATED APPROPRIATIONS ACT. "Consolidated Appropriations Act" means the Consolidated
Appropriations Act of 2009 (Public Law 110 -329) under the CDBG program.
4818- 7058- 6380\2 \419462 \00019 10/20/2011
Contract Number 08- DRIFWP -203
Page 7 of 10
Q) CERTIFICATIONS. The Recipient certifies and assures that the Activity will be conducted and administered in
compliance with all applicable Federal and State laws, regulations and orders. Certain statutes are expressly made
applicable to activities assisted under the Act by the Act itself, while other laws not referred to in the Act may be
applicable to such activities by their own terms. The Recipient certifies and assures compliance with the applicable
orders, laws and implementing regulations, including but not limited to, the following, as modified by the waivers and
alternative requirements contained in the Program Rules:
(i) Financial Management guidelines issued by the U.S. Office of Management and Budget, OMB
Circular A -133 ( "Single Audit Act Amendment of 1996 "), OMB Circular A -122 ("Cost Principles for Nonprofit
Organizations "), OMB Circular A -87 ( "Principles for Determining Costs Applicable to Grants and Contracts
with State, Local and Federally recognized Indian Tribal Governments ").
(ii) Title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. 5301 et
seq.); and regulations which implement these laws, as modified by the waivers and alternative requirements
published in the Federal Register on September 11, 2008.
(iii) Title VI of the Civil Rights Act of 1964 as amended (Public Law 88 -352; 42 U.S.C. 2000d et seq.);
Title VIII of the Civil Rights Act of 1968 as amended (Public Law 90 -284; 42 U.S.C. 3601 et seq.); the Iowa
Civil Rights Act of 1965; Chapter 19B.7, 2003 Code of Iowa, and Iowa Executive Order #34, dated July 22,
1988; Iowa Code Chapter 216, Presidential Executive Order 11063, as amended by Executive Order 12259;
Presidential Executive Order 11246, as amended; Section 504 of the Vocational Rehabilitation Act of 1973 as
amended (29 U.S.C. 794); the Age Discrimination Act of 1975 as amended (42 U.S.C. 6101 et seq.); the
Americans with Disabilities Act, as applicable, (P. L. 101 -336, 42 U.S.C. 12101 - 12213); and related Civil
Rights and Equal Opportunity statutes; and regulations which implement these laws.
(iv) Fair Housing Act, Public Law 90 -284;. The Public Fair Housing Act is part of Title VIII of the Civil
Rights Act of 1968 as amended (42 U.S.C. 3601 et seq.); Section 109 of the Title I of the Housing and
Community Development Act of 1974, as amended; Section 3 of the Housing and Urban Development Act of
1968 as amended (12 U.S.C. 1701u); and regulations which implement these laws.
(v) Authority of Housing and Urban Development regulations governing the CDBG program, 24 Code of
Federal Regulations, Part 570.
(vi) Section 102 of the Authority of Housing and Urban Development Reform Act of 1989 (P.L. 101 -235),
and implementing regulations.
(vii) Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821 - 4846), as amended, and implementing
regulations.
(viii) Davis -Bacon Act, as amended (40 U.S.C. 276a - 276a -5), where applicable under Section 110 of the
Housing and Community Development Act of 1974, as amended; Contract Work Hours and Safety Standards
Act (40 U.S.C. 327 et seq.); the Copeland Anti - Kickback Act (18 U.S.C. 874); and regulations which
implement these laws.
(ix) National Environmental Policy Act of 1969 and implementing regulations.
(x) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,
(URA)(42 U.S.C. 4601 - 4655) and implementing regulations; Section 104(d) of the Housing and Community
Development Act of 1974, as amended, governing the residential antidisplacement and relocation assistance
plan; Section 105(a)(11) of the Housing and Community Development Act of 1974, as amended, governing
optional relocation assistance, each as modified and /or waived by the Program Rules.
(xi) Administrative rules adopted by the Iowa Economic Development Authority, 261 Iowa Administrative
Code, Chapter 23, to the extent applicable to the Program and not in conflict with the Program Rules.
(xii) Financial and Program Management guidelines issued by the Iowa Economic Development
Authority: the CDBG Management Guide and IEDA Audit Guide, to the extent applicable to the Program and
not in conflict with the Program Rules.
(xiii) Government -wide Restriction on Lobbying Certification [Section 319 of Public Law 101 -121] and
implementing regulations.
Document Prepared by: Joe Bohlke CDBG Disaster Recovery Watershed Management Authority Contract Format
Revised XXXX 2011
4818- 7058- 6380\2 \419462 \00019 10/20/2011
Contract Number 08- DRIFWP -203
Page 8 of 10
(xiv) Fair Labor Standards Act and implementing regulations.
(xv) Hatch Act (regarding political partisan activity and Federally funded activities) and implementing
regulations.
(xvi) Citizen participation, hearing and access to information requirements found under sections 104(a)(2)
and 104(a)(3) of Title I of the Housing and Community Development Act of 1974, as amended, and as
modified by the waivers and alternative requirements published in the Federal Register on September 11,
2008.
(xvii) Subsection 104(1) of Title I of the Housing and Community Development Act of 1974, as amended,
regarding the prohibition of the use of excessive force in nonviolent civil rights demonstrations and the
enforcement of state and local laws on barring entrance to or exit from facilities subject to such
demonstrations.
(xviii) Drug -Free Workplace Act.
8.2 NEGATIVE COVENANTS. During the Contract term the Recipient covenants with IEDA that it shall not, without the
prior written disclosure to and prior written consent of IEDA, directly or indirectly:
(a) ASSIGNMENT. Assign its rights and responsibilities under this Contract.
(b) ADMINISTRATION. Discontinue administration activities under the Contract.
ARTICLE 9
DEFAULT AND REMEDIES
9.1 EVENTS OF DEFAULT. The following shall constitute Events of Default under this Contract:
(a) MATERIAL MISREPRESENTATION. If at any time any representation, warranty or statement made or
furnished to the Authority by, or on behalf of the Recipient in connection with this Contract or to induce the Authority to
make a grant to the Recipient shall be determined by the Authority to be incorrect, false, misleading or erroneous in
any material respect when made or furnished and shall not have been remedied to the Authority's satisfaction within
thirty (30) days after written notice by the Authority is given to the Recipient.
(b) NONCOMPLIANCE. If there is a failure by the Recipient to comply with any of the covenants, terms or
conditions contained in this Contract.
(c) CONTRACT EXPIRATION DATE. If the Project, in the sole judgment of the Authority, is not completed on or
before the Contract Expiration Date.
(d) MISSPENDING. If the Recipient expends Grant proceeds for purposes not described in the CDBG Disaster
Recovery Fund Application, this Contract, or as authorized by the Authority.
9.2 NOTICE OF DEFAULT. IEDA shall issue a written notice of default providing therein a fifteen (15) day period in which
the Recipient shall have an opportunity to cure, provided that cure is possible and feasible.
9.3 REMEDIES UPON DEFAULT. If, after opportunity to cure, the default remains, IEDA shall have the right, in addition to
any rights and remedies available to it to do one or more of the following:
(a) exercise any remedy provided by law,
(b) require immediate repayment of up to the full amount of funds disbursed to the Recipient under this Contract
plus interest.
9.4 FAILURE TO MEET PERFORMANCE TARGETS. If the Recipient is determined by the Authority to be in default of
this Contract due to meeting less than one hundred percent (100 %) of its Performance Targets, the Authority may require full
Grant repayment or, at its discretion, the Authority may require partial repayment of Grant proceeds which allows partial credit
for the performance targets which have been met, or the Authority may require other remedies that the Authority determines to
be appropriate.
Document Prepared by: Joe Bohlke CDBG Disaster Recovery Watershed Management Authority Contract Format
Revised XXXX 2011
4818 - 7058- 6380\2 \419462 \00019 10/20/2011
Contract Number 08- DRIFWP -203
Page 9 of 10
ARTICLE 10
INCORPORATED DOCUMENTS
10.1 DOCUMENTS INCORPORATED BY REFERENCE. The Recipient shall comply with the terms and conditions of the
following documents which are hereby incorporated by reference:
1. Attachment A, "Scope of Services and Budget."
2. Attachment B, "Application submitted to IDNR." Due to its size, the Grantee's Response to the RFP will not be
attached to this Agreement, but will be kept on file at the IEDA and shall nevertheless be an incorporated
element.
3. Attachment C, "CDBG Program General Provisions," dated September 23, 2008.
10.2 ORDER OF PRIORITY. In the event of a conflict between documents of this Contract, the following order of priority
shall govern:
1. Articles 1 through 11 herein.
2. Attachment C, "CDBG Program General Provisions," dated September 23, 2008.
3. Attachment A, "Scope of Services and Budget."
4. Attachment B, "Application submitted to IDNR." Due to its size, the Grantee's Response to the RFP will not be
attached to this Agreement, but will be kept on file at the IEDA and shall nevertheless be an incorporated
element.
10.3 SUPERSEDING AUTHORITY. Notwithstanding any provision herein to the contrary, in the event of any provision of
this Contract, including Attachments A, B, and C, conflicts with any of the Program Rules, such conflicting provisions
shall be of no force and effect, the Program Rules shall apply in lieu thereof as though fully set forth herein.
ARTICLE 11
MISCELLANEOUS
11.1 LIMIT ON GRANT PROCEEDS ON HAND. The Recipient shall request Project funds only as needed and shall not
have more than five hundred dollars ($500.00) of Grant proceeds, including earned interest, on hand for a period of longer than
ten (10) working days, after which time any surplus amount shall be returned to the Authority.
11.2 BINDING EFFECT. This Contract shall be binding upon and shall inure to the benefit of the Authority and Recipient
and their respective successors, legal representatives and assigns. The obligations, covenants, warranties, acknowledgments,
waivers, agreements, terms, provisions and conditions of this Contract shall be jointly and severally enforceable against the
parties to this Contract.
11.3 SURVIVAL OF CONTRACT. If any portion of this Contract is held to be invalid or unenforceable, the remainder shall
be valid and enforceable. The provisions of this Contract shall survive the execution of all instruments herein mentioned and
shall continue in full force until the Project is completed as determined by the Authority.
11.4 GOVERNING LAW. This Contract shall be interpreted in accordance with the laws of the State of Iowa, and any action
relating to the Contract shall only be commenced in the Iowa District Court for Polk County or the United States District Court
for the Southern District of Iowa.
11.5 NOTICES. Whenever this Contract requires or permits any notice or written request by one party to another, it shall be
in writing, enclosed in an envelope, addressed to the party to be notified at the address heretofore stated (or at such other
address as may have been designated by written notice), properly stamped, sealed and deposited in the United States Mail.
Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or two (2) business days after
posting. The Authority may rely on the address of the Recipient set forth heretofore, as modified from time to time, as being
the address of the Recipient.
11.6 WAIVERS. No waiver by the Authority of any default hereunder shall operate as a waiver of any other default or of the
same default on any future occasion. No delay on the part of the Authority in exercising any right or remedy hereunder shall
operate as a waiver thereof. No single or partial exercise of any right or remedy by the Authority shall preclude future exercise
thereof or the exercise of any other right or remedy.
11.7 LIMITATION. It is agreed by the Recipient that the Authority shall not, under any circumstances, be obligated
financially under this Contract except to disburse funds according to the terms of the Contract.
Document Prepared by: Joe Bohlke CDBG Disaster Recovery Watershed Management Authority Contract Format
Revised XXXX 2011
4818 - 7058- 6380\2 \419462 \00019 10/20/2011
Contract Number 08- DRIFWP -203
Page 2 of 10
1.6 CONTRACT EXPIRATION DATE. "Contract Expiration Date" means the date the Contract ceases to be in force and
effect. The Contract expires upon the occurrence of one of the following: a) the Recipient fulfills the conditions and Project
activities agreed to herein as of the end date stated above; or b) the Contract is terminated by the Authority due to any default
under Article 9; or c) the Contract is terminated in accordance with provisions set forth in Sections 8 and 9 of the General
Provisions, Attachment C of this Contract.
1.7 CONTRACT. "Contract" means this Contract and all other instruments or documents executed by the Recipient or
otherwise required in connection with the Contract, including the CDBG grant Application together with any related submittal
documents.
1.8 GRANT. "Grant" means the award of CDBG funds to the Recipient for Project activities.
1.9 GUIDE. "Guide" means, collectively, the Iowa Community Development Block Grant Management Guide available
from the Authority.
1.10 HUD. "HUD" means the U.S. Authority of Housing and Urban Development.
1.10 IDNR. "IDNR" means the Iowa Department of Natural Recourses, its successors and assigns.
1.11 PROGRAM. "Program" means the Community Development Block Program for Disaster Recovery authorized
pursuant to the Program Rules.
1.12 PROGRAM INCOME. "Program Income" shall have the meaning for such term set forth in 24 CFR 570.500(a), as
modified by the Program Rules.
1.13 PROGRAM RULES. "Program Rules" means the Act, as modified by the Supplemental Appropriations Act and
Consolidated Appropriations Act, and the regulations now or hereafter promulgated thereunder and the guidance now or
hereafter disseminated with respect thereto including but not limited to HUD Notices published in the Federal Register on
September 11, 2008, December 19, 2008, February 13, 2009 and August 14, 2009, and any additional HUD Notices or other
guidance that may be disseminated.
1.14 PROJECT. "Project" means the totality of work, services, and activities to be performed or accomplished by the
Recipient as described in this Contract and the Application approved by the Iowa Department of Natural Resources.
1.14 SUPPLEMENTAL APPROPRIATIONS ACT. "Supplemental Appropriations Act" means the Consolidated
Appropriations Act of 2009 (Public Law 110 -329) under the CDBG Program.
ARTICLE 2
FUNDING
2.1 FUNDING SOURCE. The source of funding for the Grant is a Federal appropriation for the Program.
2.2 RECEIPT OF FUNDS. All payments under this Contract are subject to receipt by the Authority of sufficient Federal
funds for the CDBG program. Any termination, reduction or delay of CDBG funds to the Authority shall, at the option of the
Authority, result in the termination, reduction or delay of CDBG funds to the Recipient.
2.3 PRIOR COSTS. If any Recipient has received written approval from the Authority to incur certain costs prior to the
Effective Date of this Contract, then said written approval and the terms and conditions therein are incorporated herein and
made a part of this Contract by this reference as if fully set forth; provided, however, that no such costs incurred prior to the later
of the Effective Date or May 27, 2008 shall be reimbursed. Any such costs incurred prior to the Effective Date of this Contract
are subject to the Special Conditions and General Conditions of this Contract.
2.4 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT. If the total award amount has not been
requested by the Recipient within ninety (90) days after the Contract Expiration Date, then the Authority shall be under no
obligation for further disbursement. The Authority may allow access to funds after this time for allowable costs associated with
the conduct of the audits required in Article 2.0 of the General Provisions, Attachment C to this Contract.
Document Prepared by: Joe Bohlke CDBG Disaster Recovery Watershed Management Authority Contract Format
Revised XXXX 2011
4818 - 7058- 6380\2 \419462 \00019 10/20/2011
Contract Number 08- DRIFWP -203
Page 3 of 10
ARTICLE 3
TERMS OF GRANT
3.1 TIME OF PERFORMANCE. The services of the Recipient are to commence as of the Effective Date and shall be
undertaken in such a manner as to assure their timely and expeditious completion. All of the services required hereunder shall
be completed on or before the End Date.
3.2 MAXIMUM PAYMENTS. It is expressly understood and agreed that the maximum amounts to be paid to the Recipient
by the Authority for any item of work or service shall conform to the budget as presented in Attachment A, "Scope of Services
and Budget." It is further understood and agreed that the total of all payments to the Recipient by the Authority for all work and
services required under this Contract shall not exceed the Award Amount unless modified by written amendment of this Contract
as provided for in Section 1.0 of the General Provisions, Attachment C of this Contract.
3.3 ADMINISTRATION. This Contract shall be administered in accordance with 261 Iowa Administrative Code, Chapter 23
and all applicable State and Federal laws and regulations, including the Iowa Community Development Block Grant
Management Guide, which has been distributed by IEDA to the Recipient, to the extent applicable to the Program and not in
conflict with the Program Rules.
ARTICLE 4
PERFORMANCE TARGET ACHIEVEMENT
4.1 PERFORMANCE TARGETS. As part of the first request for funds pursuant to this Agreement, the Recipient shall
submit a projected budget for all funds granted pursuant to this Contract, including each activity, associated budget, and
performance measure. If these items change over the term of the Contract, the Recipient shall submit the requested changes in
the initial budget submitted to the Authority. By the Contract Expiration Date, the Recipient shall have substantially
accomplished the activities and performance targets as estimated by the Recipient as set forth in the budget as amended by
those amendments thereto approved by the Authority.
4.2 CALCULATION OF PROJECT COMPLETION. The Authority has the final authority to assess whether the Recipient
has met their performance targets at the Contract End Date. The Authority shall determine completion according to the
performance targets set forth in Attachment A, "Scope of Services and Budget ". The Authority reserves the right to monitor and
measure at any time during and after the Contract term the achievement of the performance targets.
ARTICLE 5
USE OF FUNDS
5.1 GENERAL. The Recipient shall perform in a satisfactory and proper manner, as determined by the Authority, the work
activities and services as written and described in the Application approved by IDNR (Attachment B) as summarized in the
Recipient's approved Scope of Services and Budget (Attachment A).
5.2 PROGRAM INCOME. No Program Income is intended or expected to be generated under and pursuant to the
Program. If Program Income is generated, such Program Income shall be distributed and /or expended in accordance with
written instructions from IEDA.
5.3 BUDGET REVISIONS. Budget revisions shall be subject to approval of the Authority through the Contract amendment
process. Budget line item decreases that would lower the Recipient's performance level required under this Contract must be
first approved by the Authority through the amendment process. In no instance shall a budget revision result in total costs
exceeding the total Contract amount. Budget revisions shall be compatible with the terms of this Contract and be of such a
nature as to qualify as an allowable cost. Budget revisions requested during the final ninety (90) days of the Contract period will
be approved by the Authority only if it determines that the revisions are necessary to complete all activities. The Authority
retains the right to amend this contract to reduce the award amount when necessary to achieve an equitable distribution of funds
for all areas of the State.
5.4 DUPLICATION OF BENEFITS. 42 U.S.C. 5155 provides that any federal agency administering any program providing
financial assistance to person, business concerns or other entities suffering losses as a result of a major disaster or emergency,
shall assure that no such person, business concern, or other entity will receive such assistance with respect to any part of such
Toss as to which it has received financial assistance under any other federal program or from insurance or any other source (the
"Duplication of Benefits Rules "). IEDA will work with the Recipient to review projects undertaken pursuant to this Contract to
assure compliance with the Duplication of Benefits Rules as a condition to disbursing funds to the Recipient.
5.5 DISASTER RECOVERY REQUIREMENT. Use of all funds pursuant to this Contract shall be for necessary expenses
related to disaster relief, long -term recovery and restoration of infrastructure, housing and economic revitalization in areas
Document Prepared by: Joe Bohlke CDBG Disaster Recovery Watershed Management Authority Contract Format
Revised XXXX 2011
4818 - 7058- 6380\2 \419462 \00019 10/20/2011
Contract Number 08- DRIFWP -203
Page 4 of 10
covered by the declarations of major disaster under Title IV of the Robert T. Stafford Disaster Relief and Emergency Act (42
U.S.C., Section 5721 et Seq.) designated Disaster No. 1763.
5.6 NO ACQUISITION OF PROPERTY. The Activities permitted under and pursuant to this Contract do not permit the
acquisition of property.
5.7 COMPLIANCE WITH PROGRAM RULES. All activities conducted and services performed pursuant to this contract
shall be conducted and performed in compliance with the Program Rules and the Guide to the extent the Guide is not in conflict
with the Program Rules.
ARTICLE 6
CONDITIONS TO DISBURSEMENT OF FUNDS
Unless and until the following conditions have been satisfied, the Authority shall be under no obligation to disburse to the
Recipient any amounts under this Contract:
6.1 CONTRACT EXECUTED. The Contract shall have been properly executed and, where required, acknowledged.
6.2 COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC PRESERVATION REQUIREMENTS. The Activities
permitted under and pursuant to this Contract are exempt Activities pursuant to 24 CFR Part 58.34(a)(1).
6.3 PERMITS AND LICENSES. The Authority reserves the right to withhold funds until the Authority has reviewed and
approved all material, such as permits or licenses from other state or Federal agencies, which may be required prior to Project
commencement.
6.4 EXCESSIVE FORCE POLICY. The Authority, prior to release of funds under this Contract, shall review and approve
the Recipient's policy on protecting individuals engaged in nonviolent civil rights demonstrations from the use of excessive force
by law enforcement agencies within its jurisdiction, and enforcing state and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction, consistent
with the provisions of Section 906 of the National Affordable Housing Act of 1990 and Subsection 104(1) of the Housing and
Community Development Act of 1974, as amended.
6.5 CONDITIONS TO DISBURSEMENT NECESSITATING OUTSIDE AGENCY ACTION FOR A SPECIFIC ACTIVITY.
For each activity number listed below, the Recipient shall comply with the corresponding applicable conditions prior to release of
funds for that activity. If no applicable conditions are identified below, none of the conditions in this Section shall apply to the
activities funded by this Contract as described in Attachment A to the Contract.
ACTIVITY APPLICABLE OUTSIDE
NUMBER(S) CONDITIONS AGENCY
(a) FUNDING. Funding shall be contingent upon receipt of adequate funds from the identified agency to
complete the Project described. The Recipient must submit a copy of the notification of said funding commitment, if
applicable, to the Authority before funds can be released to the Recipient. If there is a reduction in the amount of the
funds available from this source, the Recipient shall identify an alternative source of funds, and the change in funding
sources shall be reflected in an amendment to this Contract. If the funds from the identified agency are rejected, this
award is no longer valid. If the other funding is not obligated to the Recipient within three (3) months following the
announcement of the CDBG award, the CDBG funds shall be considered available to the Authority for allocation to
other Projects, and the provisions of the CDBG Administrative Rules concerning contingent awards shall apply.
(b) SUBRECIPIENT AGREEMENT. The Authority, prior to the release of funds, shall review and approve the
subrecipient agreement between the Recipient and the identified agency.
(c) CONTINGENT FUNDING. The Authority has awarded these funds contingent upon receipt of other funding
from the identified agency.
Document Prepared by: Joe Bohlke CDBG Disaster Recovery Watershed Management Authority Contract Format
Revised XXXX 2011
4818 - 7058- 6380\2 \419462 \00019 10/20/2011
Contract Number 08- DRIFWP -203
Page 5 of 10
ARTICLE 7
REPRESENTATIONS AND WARRANTIES OF RECIPIENT
To induce the Authority to make the Grant referred to in this Contract, the Recipient represents, covenants and
warrants that:
7.1 AUTHORITY. The Recipient is duly authorized and empowered to execute and deliver the Contract. All required
actions on the Recipient's part, such as appropriate resolution of its governing board for the execution and delivery of the
Contract, have been effectively taken.
7.2 FINANCIAL INFORMATION. All financial statements and related materials concerning the Project provided to the
Authority are true and correct in all material respects and completely and accurately represent the subject matter thereof as of
the Effective Date of the statements and related materials, and no material adverse change has occurred since that date.
7.3 APPLICATION. The contents of the Application the Recipient submitted to IDNR for CDBG funding is a complete and
accurate representation of the Project as of the date of submission and there has been no material adverse change in the
organization, operation, or key personnel of the Recipient since the date the Recipient submitted its CDBG Disaster Recovery
Fund Application to IDNR.
7.4 CLAIMS AND PROCEEDINGS. There are no actions, lawsuits or proceedings pending or, to the knowledge of the
Recipient, threatened against the Recipient affecting in any manner whatsoever their rights to execute the Contract or the
ability of the Recipient to make the payments required under the Contract, or to otherwise comply with the obligations of the
Contract. There are no actions, lawsuits or proceedings at law or in equity, or before any governmental or administrative
authority pending or, to the knowledge of the Recipient, threatened against or affecting the Recipient or any property involved
in the Project.
7.5 PRIOR AGREEMENTS. The Recipient has not entered into any verbal or written contracts, agreements or
arrangements of any kind which are inconsistent with the Contract.
7.6 EFFECTIVE DATE. The covenants, warranties and representations of this Article are made as of the Effective Date of
this Contract and shall be deemed to be renewed and restated by the Recipient at the time of each advance or request for
disbursement of funds.
ARTICLE 8
COVENANTS OF THE RECIPIENT
8.1 AFFIRMATIVE COVENANTS. Until the Project has been closed out, audited, and approved by IEDA, the Recipient
covenants with IEDA that:
(a) PROJECT WORK AND SERVICES. The Recipient shall perform the work and services detailed in the CDBG
Attachment A by the Contract End Date.
(b) REPORTS. The Recipient shall prepare, review and sign the requests and reports as specified below in the
form and content specified by the Authority. The Recipient shall review all Requests for Payment and verify that
claimed expenditures are allowable costs. The Recipient shall maintain documentation adequate to support the
claimed costs.
Document Prepared by: Joe Bohlke CDBG Disaster Recovery Watershed Management Authority Contract Format
Revised XXXX 2011
4818 - 7058- 6380\2 \419462 \00019 10/20/2011
Contract Number 08- DRIFWP -203
Page 6 of 10
REPORT DUE DATE
Request for Payment As funds are needed (original and two copies)
Progress Report As directed by IEDA
Final Request for Payment Within 60 days of Contract End Date
Final Report Within 60 days of Contract End Date
Updates to the Applicant/Recipient Disclosure Report As needed due to changes
Audit Report Within 30 days of Audit Completion
Other reports as required by IEDA and the Program Rules As needed
The Authority reserves the right to require more frequent submission of the Activity Status Report than as shown above
if, in the opinion of the Authority, more frequent submissions would help improve the Recipient's CDBG program.
(c) RECORDS. The Recipient shall maintain books, records, documents and other evidence pertaining to all
costs and expenses incurred and revenues received under this Contract in sufficient detail to reflect all costs, direct and
indirect, of labor, materials, equipment, supplies, services and other costs and expenses of whatever nature, for which
payment is claimed under this Contract. The Recipient shall maintain books, records and documents in sufficient detail
to demonstrate compliance with the Contract and shall maintain these materials for a period of five (5) years beyond
the date upon which the final audit of the Project is accepted by IEDA. Records for non - expendable property acquired
under this Contract shall be retained for a five (5) year period after the final disposition of property. Records shall be
retained beyond the prescribed period if any litigation or audit is begun or if a claim is instituted involving the grant or
agreement covered by the records. In these instances, the records shall be retained until the litigation, audit or claim
has been finally resolved.
(d) ACCESS TO RECORDS /INSPECTIONS. The Recipient shall, without prior notice and at any time, permit
HUD or its representatives, the General Accounting Office or its representatives, and the Authority, its representatives
or the State Auditor to examine, audit and /or copy (i) any plans and work details pertaining to the Project, (ii) all of the
Recipient's books, records and accounts, and (iii) all other documentation or materials related to this Contract; the
Recipient shall provide proper facilities for making such examination and /or inspection.
(e) USE OF GRANT FUNDS. The Recipient shall expend funds received under the Contract only for the
purposes and activities described in its Application to IDNR, this Contract and as approved by the Authority.
(f) DOCUMENTATION. The Recipient shall deliver to IEDA, upon request, (i) copies of all contracts or
agreements relating to the Project, (ii) invoices, receipts, statements or vouchers relating to the Project, (iii) a list of all
unpaid bills for labor and materials in connection with the Project, and (iv) budgets and revisions showing estimated
Project costs and funds required at any given time to complete and pay for the Project.
(g) NOTICE OF PROCEEDINGS. The Recipient shall promptly notify IEDA of the initiation of any claims, lawsuits
or proceedings brought against the Recipient.
(h) INDEMNIFICATION. The Recipient shall indemnify and hold harmless the Authority, its officers and
employees from and against any and all claims or losses accruing or resulting from any and all claims of
subcontractors, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of this Contract (singularly, a "Vendor" and, collectively, "Vendors ") and
from any and all claims and losses accruing or resulting from any person, firm or corporation who may be injured or
damaged by the Recipient in the performance of this Contract, including but not limited to claims under worker's
compensation acts, claims of damages because of bodily injury including personal injury, sickness or disease, death,
injury to or destruction of tangible property including but not limited to loss of use therefrom; and from claims arising out
negligent errors, omissions or acts of the Recipient. The Recipient shall require that any subrecipient or Vendor
provide such indemnification to the Authority in addition to the indemnification provided by the Recipient.
(i) NOTICE TO AUTHORITY. In the event the Recipient becomes aware of any material alteration in the Activity,
initiation of any investigation or proceeding involving the Project, or any other similar occurrence, the Recipient shall
promptly notify the Authority.
Document Prepared by: Joe Bohlke CDBG Disaster Recovery Watershed Management Authority Contract Format
Revised XXXX 2011
4818- 7058- 6380\2 \419462 \00019 10/20/2011
Contract Number 08- DRIFWP -203
Page 10 of 10
11.8 HEADINGS. The headings in this Contract are intended solely for convenience of reference and shall be given no
effect in the construction and interpretation of this Contract.
11.9 INTEGRATION. This Contract contains the entire understanding between the Recipient and the Authority and any
representations that may have been made before or after the signing of this Contract, which are not contained herein, are
nonbinding, void and of no effect. None of the parties have relied on any such prior representation in entering into this Contract.
11.10 COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which shall be deemed to
be an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Contract as of the Effective Date first stated.
RECIPIENT: Dubuque
BY: s� � Michael C. Van Milligen, City Manager
Allay0P City Manager
City of Dubuque
350 West 6th Street, Suite 312
Dubuque, IA 52001
IOWA ECONOMIC DEVELOPMENT AUTHORITY:
BY:
Timothy R. Waddell, Division Administrator
Typed or Printed Name and Title
Document Prepared by: Joe Bohlke CDBG Disaster Recovery Watershed Management Authority Contract Format
Revised XXXX 2011
4818-7058-6380\2\419462\00019 10/20/2011
Contract Number 08- DRIFWP -203
Attachment A, 'Program Description and Budget."
WATERSHED MANAGEMENT AUTHORITY CONTRACTS
ATTACHMENT A
Scope of Services
The purpose of this contract is to fund the formation of watershed management authorities
(WMA's) and /or planning activities among local governments and other eligible participants, as
specified in HF 2459. Under a separate contract with the Iowa Economic Development Authority
(IEDA), the Iowa Department of Natural Resources (IDNR) has selected a proposal from the City
of Dubuque for completion of the products below. Under this contract, IEDA awards the
necessary funds to the City of Dubuque, which will act as a "lead" local government on behalf of
all other entities in the proposed or existing WMA. IDNR will also provide technical assistance for
completion of tasks and products under this contract.
Product 1:
• Completion of all necessary steps leading to a decision on creation of a Watershed
Management Authority.
Timeline:
• Completion by May 14, 2012.
Product 2: N/A
Budget
Line Item
All costs
Product 1
$24,500
Product 2 [if applicable]
TOTAL
$24,500
4818 - 7058- 6380\2 \419462 \00019 10/20/2011
Contract Number 08- DRIFWP -203
Attachment B, "Application submitted to IDNR."
ATTACHMENT B
"Application submitted to IDNR."
Due to its size, the Grantee's Response to the RFP will not be attached to this Agreement, but will be kept on file at the IEDA
and shall nevertheless be an incorporated element.
Document Prepared by: Joe Bohlke CDBG Disaster Recovery Watershed Management Authority Contract Format
Revised XXXX 2011
4818 - 7058- 6380\2 \419462 \00019 10/20/2011
Contract Number 08- DRIFWP -203
Attachment C - Page 1 of 4
ATTACHMENT C
GENERAL PROVISIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
September 23, 2008
1.0 AMENDMENT.
(a) WRITING REQUIRED. The Contract may only be amended through written prior approval of IEDA. Examples
of situations where amendments are required include extensions for completion of Project activities, changes to the
Project including, but not limited to, alteration of existing approved activities or inclusion of new activities.
(b) UNILATERAL MODIFICATION. Notwithstanding paragraph "a" above, IEDA may unilaterally modify the
Contract at will in order to accommodate any change in the Act or the Program Rules or any change in the
interpretation of the Act or the Program Rules or any other applicable Federal, State or local laws, regulations, rules or
policies. A copy of such unilateral modification will be given to the Recipient as an amendment to this Contract.
(c) IEDA REVIEW. IEDA will consider whether an amendment request is so substantial as to necessitate
reevaluating IEDA's original funding decision on the Project. An amendment will be denied if it substantially alters the
circumstances under which the Project funding was originally approved or if it does not meet requirements set forth in
261 Iowa Administrative Code, Chapter 23, to the extent applicable to the Program and not in conflict with the Program
Rules.
2.0 AUDIT REQUIREMENTS.
(a) SINGLE AUDIT. The Recipient shall ensure that an audit is performed in accordance with the Single Audit
Act Amendment of 1996 and OMB Circular A -133, as applicable, IEDA's administrative rules for the CDBG program
(261 Iowa Administrative Code Chapter 23), and the Iowa CDBG Management Guide to the extent applicable to the
Program and not in conflict with the Program Rules.
(b) ADDITIONAL AUDIT. As a condition of the grant to the Recipient, IEDA reserves the right to require the
Recipient to submit to a post Project completion audit and review in addition to the audit required above.
3.0 COMPLIANCE WITH LAWS AND REGULATIONS. The Recipient shall comply with all applicable State and Federal
laws, rules, ordinances, regulations and orders.
4.0 UNALLOWABLE COSTS. If IEDA determines at any time, whether through monitoring, audit, closeout procedures or
by other means or process that the Recipient has expended funds which are unallowable, the Recipient will be notified of the
questioned costs and given an opportunity to justify questioned costs prior to IEDA's final determination of the disallowance of
costs. Appeals of any determinations will be handled in accordance with the provisions of Chapter 17A, Iowa Code. If it is
IEDA's final determination that costs previously paid by the IEDA are unallowable under the terms of the Contract, the
expenditures will be disallowed and the Recipient shall repay to IEDA any and all disallowed costs.
5.0 INTEREST EARNED. To the extent that interest is earned on advances of CDBG funds, this interest shall be returned
to IEDA, except that the Recipient may keep interest amounts of up to $100 per year for administrative expenses.
6.0 SUSPENSION. When the Recipient has failed to comply with the Contract, award conditions or standards, IEDA may,
on reasonable notice to the Recipient, suspend the Contract and withhold future payments, or prohibit the Recipient from
incurring additional obligations of CDBG funds. Suspension may continue until the Recipient completes the corrective action
as required by IEDA. IEDA may allow such necessary and proper costs which the Recipient could not reasonably avoid during
the period of suspension provided IEDA concludes that such costs meet the provisions of HUD regulations issued pursuant to
OMB Circular A -87.
Document Prepared by: Joe Bohlke CDBG Disaster Recovery Watershed Management Authority Contract Format
Revised XXXX 2011
4818 - 7058- 6380\2 \419462 \00019 10/20/2011
Contract Number 08- DRIFWP -203
Attachment C - Page 2 of 4
7.0 TERMINATION.
(a) FOR CAUSE. IEDA may terminate the Contract in whole, or in part, whenever IEDA determines that the
Recipient has failed to comply with the terms and conditions of the Contract.
(b) FOR CONVENIENCE. IEDA, the Recipient may terminate the Contract in whole, or in part, when all parties
agree that the continuation of the Project would not produce beneficial results commensurate with the future
disbursement of funds.
(c) DUE TO REDUCTION OR TERMINATION OF CDBG FUNDING. At the discretion of IEDA, the Contract may
be terminated in whole, or in part, if there is a reduction or termination of CDBG Federal block grant funds to the State.
8.0 PROCEDURES UPON TERMINATION.
(a) NOTICE. IEDA shall provide written notice to the Recipient of the decision to terminate, the reason(s) for the
termination, and the effective date of the termination. If there is a partial termination due to a reduction in funding, the
notice will set forth the change in funding and the changes in the approved budget. The Recipient shall not incur new
obligations beyond the effective date and shall cancel as many outstanding obligations as possible. IEDA's share of
noncancellable obligations which IEDA determines were properly incurred prior to notice of cancellation will be
allowable costs.
(b) RIGHTS IN PRODUCTS. All finished and unfinished documents, data, reports or other material prepared by
the Recipient under the Contract shall, at IEDA option, become the property of IEDA.
(c) RETURN OF FUNDS. The Recipient shall return to IEDA all unencumbered funds within one week of receipt
of the notice of termination. Any costs previously paid by IEDA which are subsequently determined to be unallowable
through audit, monitoring, or closeout procedures shall be returned to IEDA within thirty (30) days of the disallowance.
9.0 ENFORCEMENT EXPENSES. The Recipient shall pay upon demand any and all reasonable fees and expenses of
the Authority, including the fees and expenses of their attorneys, experts and agents, in connection with the exercise or
enforcement of any of the rights of the Authority under this Contract.
10.0 CONFLICT OF INTEREST.
(a) GENERAL. Except for the use of CDBG funds to pay salaries and other related administrative or personnel
costs, no persons identified in paragraph (b) below who exercise or have exercised any functions or responsibilities
with respect to CDBG assisted activities or who are in a position to participate in a decision making process or gain
inside information with regard to such activities, may obtain a personal or financial interest or benefit from a CDBG
assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds
thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one
year thereafter.
(b) PERSONS COVERED. The conflict of interest provisions described above apply to any person who is an
employee, agent, consultant, officer, or elected or appointed official of the Recipient, or of any designated public
agencies, or subrecipients which are receiving CDBG funds.
(c) CONFLICTS OF INTEREST. Chapter 68B, Code of Iowa, the "Iowa Public Officials Act ", shall be adhered to
by the Recipient, its officials and employees.
11.0 USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS OR SUBRECIPIENTS. CDBG funds shall
not be used directly or indirectly to employ, award contracts to, or otherwise engage the service of, or fund any contractor or
subrecipient during any period of debarment, suspension, or placement in ineligible status under the provisions of
24 CFR Part 24 or any applicable law or regulation of the Authority of Labor.
Document Prepared by: Joe Bohlke CDBG Disaster Recovery Watershed Management Authority Contract Format
Revised XXXX 2011
4818- 7058- 6380\2 \419462 \00019 10/20/2011
Contract Number 08- DRIFWP -203
Attachment C - Page 3 of 4
12.0 CIVIL RIGHTS.
(a) DISCRIMINATION IN EMPLOYMENT. The Recipient shall not discriminate against any qualified employee or
applicant for employment because of race, color, religion, sex, national origin, age, or physical or mental disability. The
Recipient may take affirmative action to ensure that applicants are employed and that employees are treated without
regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but may not be
limited to the following: employment, upgrading, demotion or transfers; recruitment or recruitment advertising; lay -off or
termination; rates of pay or other forms of compensation; and selection for training, including an apprenticeship. The
Recipient agrees to post notices setting forth the provisions of the nondiscrimination clause in conspicuous places so
as to be available to employees.
(b) CONSIDERATION FOR EMPLOYMENT. The Recipient shall, in all solicitations or advertisements for
employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, national origin, age, disability, or familial status. Solicitation
and Advertisement - The Recipient shall list all suitable employment openings in the State Employment Service local
offices.
c) CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. The Recipient shall comply with all relevant provisions of
the Iowa Civil Rights Act of 1965 as amended, Chapter 19B.7, 2003 Code of Iowa, Federal Executive Order 11246, as
amended; Title VI of the U.S. Civil Rights Act of 1964 as amended (42 U.S.C. Section 2000d et seq.), the Fair Labor
Standards Act (29 U.S.C. Section 201 et seq.), The Americans with Disabilities Act, as applicable, (P.L. 101 -336,
42 U.S.C. 12101 - 12213), Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. Section 794), and the
Age Discrimination Act of 1975 as amended (42 U.S.C. Section 6101 et seq.). The Recipient will furnish all information
and reports requested by the State of Iowa or required by or pursuant to the rules and regulations thereof and will
permit access to payroll and employment records by the State of Iowa to investigate compliance with these rules and
regulations.
(d) CERTIFICATION REGARDING GOVERNMENT -WIDE RESTRICTION ON LOBBYING. The Recipient
certifies, to the best of his or her knowledge and belief, that:
i) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making 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.
ii) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee, or an employee of a Member of congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the Recipient shall complete and submit Standard Form -LLL, "Disclosure Form to
Report Federal Lobbying" in accordance with its instruction.
iii) The Recipient shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
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.
(e) PROGRAM NONDISCRIMINATION. The Recipient shall conform with requirements of Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.) and HUD regulations issued pursuant thereto contained in 24 CFR Part 1.
No person in the United States shall on the basis of race, color, national origin, sex or religion or religious affiliation be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
funded in whole or in part with funds made available through this Contract. Any prohibition against discrimination on
the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et. seq.) or with respect to an otherwise
qualified individual with a disability as provided in the Americans with Disabilities Act, as applicable, (P.L. 101 -336,
42 U.S.C. 12101 - 12213) or Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794) shall also apply to
any such program or activity.
Document Prepared by: Joe Bohlke CDBG Disaster Recovery Watershed Management Authority Contract Format
Revised XXXX 2011
4818 - 7058- 6380\2 \419462 \00019 10/20/2011
Contract Number 08- DRIFWP -203
Attachment C - Page 4 of 4
(f) FAIR HOUSING. The Recipient shall comply with Title VIII of the Civil Rights Act of 1968
(42 U.S.C. 3601 et seq.), generally known as' the Fair Housing Act, and with HUD regulations found at
24 CFR Part 107, issued in compliance with Federal Executive Order 11063, as amended by Federal Executive Order
12259. The recipient shall also comply with Section 109, Title I of the Housing and Community Development Act of
1974, as amended.
(g) SECTION 3 COMPLIANCE. The Recipient shall comply with provisions for training, employment, and
contracting in accordance with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u).
(h) NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS. In the event of the Recipient's noncompliance with
the nondiscrimination clauses of this Contract or with any of the aforesaid rules, regulations, or requests, this Contract
may be canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further
action, imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965
(Chapter 216, Code of Iowa 1997) or as otherwise provided by law.
(i) INCLUSION IN SUBCONTRACTS. The Recipient will include the provisions of the preceding paragraphs of
Section 14 in every subcontract unless exempt by the State of Iowa, and said provisions will be binding on each
subcontractor. The Recipient will take such action with respect to any subcontract as the State of Iowa may direct as a
means of enforcing such provisions including sanctions for noncompliance. In the event the Recipient becomes
involved in or is threatened by litigation with a subcontractor or vendor as a result of such direction by the State of
Iowa, the Recipient may request the State of Iowa to enter into such litigation to protect the interests of the State of
Iowa.
13.0 POLITICAL ACTIVITY. No portion of program funds shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office. Neither the program nor the funds provided therefore, nor the personnel
employed in the administration of this Contract, shall be in any way or to any extent, engaged in the conduct of political
activities in contravention of The Hatch Act (5 U.S.C. 15).
14.0 LIMIT ON RECOVERY OF CAPITAL COSTS. The Recipient will not attempt to recover any capital costs of public
improvements assisted in whole or part under this Contract by assessing any amount against properties owned and occupied
by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to
such public improvements, unless (i) funds received under this Contract are used to pay the proportion of such fee or
assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than
under Title I of the Housing and Community Development Act of 1974, as amended, or (ii) for purposes of assessing any
amount against properties owned and occupied by persons of low and moderate income who are not persons of very low
income, the Recipient has certified to the Authority that it lacks sufficient funds received under Title I of the Housing and
Community Development Act of 1974, as amended, to comply with the requirements of clause (i) above.
Document Prepared by: Joe Bohlke CDBG Disaster Recovery Watershed Management Authority Contract Format
Revised XXXX 2011
4818 - 7058- 6380\2 \419462 \00019 10/20/2011
IOWA ECONOMIC DEVELOPMENT AUTHORITY
200 East Grand Avenue I Des Moines, Iowa 50309 USA I Phone: 515.725.3000
iowaeconornicdeve{opmenf.com
December 26, 2012
The Honorable Roy D. Buol, Mayor
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
SUBJECT: Contract Number 08- DRIFWP -203, Amendment # 003
Dear Mayor Buol:
The Iowa Economic Development Authority recently amended the CDBG Contract for Dubuque, in response to
your request. Enclosed is your copy of the executed amendment. Changes made by this amendment are now
in effect.
Please file your copy of this amendment with your original contract document so that you will have current
information on the status of your contract. If your amendment includes a budget change be sure that is
reflected on your next "Request for Payment /Activity Status Form. If you have any questions please feel free
to contact your Project Manager, Jeff Geerts, at (515) 725 -3069 or e -mail at jeff.geerts @iowa.gov.
Sincerely,
5r9 2
Tim Metz
Contract and Compliance Manager
Enclosure
cc: Jeff Geerts, IEDA
Governor Terry E. Branstad I Lt. Governor Kim Reynolds I Director Debi V. Durham
Iowa Economic Development Authority
Community Development Block Grant (CDBG) Program
Contract Amendment
Recipient: Dubuque
Contract Number: 08- DRIFWP -203
Contract Amendment Number: 003
Amendment Effective Date: October 2, 2012
The Iowa Economic Development Authority (IEDA) hereby amends the above referenced Community
Development Block Grant (CDBG) Program contract by increasing the award amount by $187,330 for a total
award amount of $211,830 and amending the scope of work to include the watershed planning activities
contained in the recipient's proposal to the Iowa Department of Natural Resources dated September 21, 2012.
The contract by and between the Iowa Economic Development Authority ( "Department or IEDA ") and Dubuque
( "Recipient ") is amended as of the date shown above as follows:
AMEND each Article in the Contract that refers to "Attachment A, Scope of Services and Budget" to "Attachment
A, Scope of Services and Budget, as amended."
AMEND AWARD AMOUNT from $ 24,500 to $211,830.
AMEND Contract End Date to: 5/31/2014
Except as otherwise revised above, the terms, provisions, and conditions of the Contract remain unchanged and
are in full force and effect.
RECIPIENT: buque
BY.
Ma
r, Dubuque
IOWA ' • • 1I 11•J LOPMENT AUTHORITY
.440!
mothy Waddell, Division Administrator
Contract Number 08- DRIFWP -203
Attachment A, "Scope of Services and Budget."
WATERSHED MANAGEMENT AUTHORITY CONTRACTS
ATTACHMENT A
Scope of Services and Budget as Amended
The purpose of this contract is to fund the formation of watershed management authorities
(WMA's) and /or planning activities among local governments and other eligible participants, as
specified in HF 2459. Under a separate contract with the Iowa Economic Development
Authority (IEDA), the Iowa Department of Natural Resources (IDNR) has selected a proposal
from the City of Dubuque for completion of the products below. Under this contract, IEDA
awards the necessary funds to the City of Dubuque, which will act as a "lead" local government
on behalf of all other entities in the proposed or existing WMA. IDNR will also provide technical
assistance for.completion of tasks and products under this contract.
Product 1:
• Completion of all necessary steps leading to a decision on creation of a Watershed
Management Authority.
Timeline:
• Completion by May 14, 2012.
Product 2:
• Completion of all necessary steps leading to a watershed management and
implementation plan
Timeline:
• Completion by May 31, 2014
Budget
Line Item
All costs
Product 1 — Activity 172 (Planning)
$24,500
Product 2 — Activity 172 (Planning)
$187,330
TOTAL
$211,830