Linseed Oil_CDBG Subrecipient AgreementTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Linseed Oil Subrecipient Agreement
DATE: September 11, 2014
Dubuque
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AI -America City
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2007 • 2012 • 2013
Economic Development Director Maurice Jones recommends City Council approval of a
Subrecipient Agreement between the City of Dubuque and Wilmac Property Company
for the redevelopment of 901 Jackson Street according to the terms of the Community
Development Block Grant contract.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
IA/1144 ,,,,,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maurice Jones, Economic Development Director
Masterpiece on the Mississippi
Dubuque
teal
All -America City
1111
111'
2007 • 2012 • 2013
Economic Development Department
50 West 13th Street
Dubuque, Iowa 52001-4864
Office (563) 589-4393
TTY (563) 690-6678
http://www.cityofdubuque.org
TO: Michael Van Miliigen, City Manager
FROM: Maurice Jones, Economic Development Director
SUBJECT: Linseed Oil Subrecipient Agreement
DATE: September 9, 2014
INTRODUCTION
This memorandum seeks City Council acceptance of a Subrecipient Agreement
between the City of Dubuque and Wiimac Property Company for the redevelopment of
901 Jackson Street according to the terms of CDBG contract #08-DRH-212.
BACKGROUND
The City applied to the Iowa Economic Development Authority for a grant of CDBG
funds for the creation of 16 residential units for workforce housing at 901 Jackson
Street, aka the Linseed Oil Paintworks Building. The City has been awarded a grant of
funds in the amount of $2,248,890, subject to the condition that City rehabilitate the
Building with at least 9 units of residential housing for persons or households whose
incomes are at or below 80% of the area median income limits (AMI) by household size
as established by HUD for Dubuque County.
DISCUSSION
The Linseed Oil Paintworks Building is owned by the Wiimac Property Company, which
has agreed to enter into a Subrecipient Agreement with the City in order to redevelop
the building per the CDBG contract terms. Wiimac Property Company will remain the
owner of the building and its improvements.
The Agreement provides for the redevelopment of the Linseed Oil Paintworks Building
into 16 residential units, 9 of which will be affordable workforce housing. The period of
affordability will last 10 years.
The East Central Intergovernmental Association (ECIA) will administer the Davis Bacon
Act and related federal compliance issues through a separate contract.
RECOMMENDATION/ ACTION STEP
I recommend the City Council approves the attached Subrecipient Agreement with
Wilmac Property Company to facilitate the redevelopment of the Linseed Oil Paintworks
Building at 901 Jackson Street.
Prepared by: Phil Wagner, Acting ED Director, 50 West 13th Street, Dubuque IA 52001 563.589.4393
Return to: Kevin Firnstahl, City Clerk, 50 West 13th Street, Dubuque IA 52001 563.589.4120
RESOLUTION NO. 205-13
RESOLUTION AUTHORIZING THE ACCEPTANCE OF COMMUNITY DEVELOPMENT
BLOCK GRANT HOUSING DISASTER RECOVERY FUNDS FROM THE IOWA ECONOMIC
DEVELOPMENT AUTHORITY ON BEHALF OF THE WILMAC PROPERTY COMPANY
Whereas, the City of Dubuque worked with Wilmac Property Company to prepare a
Community Development Block Grant (CDBG) Housing Disaster Recovery Fund Multi -Family
Unit Production Round 5 grant application to assist in the funding of residential rehabilitation for
the Linseed Oil Paintworks Company Building at 901 Jackson Street; and
Whereas, the Iowa Economic Development Authority (IEDA) intends to amend CDBG
Contract #08-DRH-212 between the City of Dubuque and the Iowa Economic Development
Authority authorizing a supplemental award of $2,248,890 of CDBG Housing Disaster Recovery
Funds for the Linseed Oil Paintworks Company Building; and
Whereas, the IEDA has requested the acceptance of the award prior to the receipt of
the contract amendment.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Supplemental Community Development Block Grant award of
$2,248,890 is approved.
Section 2. That the Mayor is hereby authorized and directed to execute an
amendment to CDBG Contract #08-DRH-212 on behalf of the City of
Dubuque and the City Manager is hereby directed to submit said
amendment to the Iowa Economic Development Authority for its
approval, and to take such other action as may be necessary with
respect to the amended contract.
Passed, approved and adopted this 15th day of July, 2013.
Attest:
Kevin F stahl, City erk
1
Ro �. Buol, Mayor
F:\USERS\Econ Dev\Linseed Oil Paintworks (Betty Building)\NP5 Application \20130708 Resolution approving contract.docx
Please have an authorized representative sign this page and return it to the IEDA, if you intend
to accept this CDBG Supplemental award.
Dubuque, acting by and through its duly authorized officers, hereby accepts the award described in
this letter (Award), acknowledges that receipt of this Award is contingent upon the satisfaction of all
conditions of the Program, the receipt of funds by IEDA with respect to the Award, and the execution
of the Contract, and agrees to be bound by all program requirements of the CDBG program, IEDA
guidelines and the Contract with respect to this Award.
Dubuque
08-DRH-212
Project Mager: Ann,Schmid
By: _
Name: Rob D. Buol
Mayor
Title:
0474, W//z3
a,i7
IOWA ECONOMIC DEVELOPMENT AUTHORITY
200 East Grand Avenue I Des Moines, Iowa 50309 USA I Phone: 515.725.3000
iowaeconomicdevelopment.com
June 19, 2013
Roy D. Buol, Mayor
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
SUBJECT: Dubuque, 08-DRH-212 - Multi -family New Production Round 5
Dear Mayor Buol:
IO\/VA
economic development
I am pleased to inform you that the Iowa Economic Development Authority (IEDA) will amend the
Dubuque, 08-DRH-212 contract by adding a Supplemental Community Development Block Grant
(CDBG) award in an amount not to exceed $2,203,913 for the project total plus General
Administration amount not to exceed $44,977 for Multi -family New Production. Specifically, this
amendment will award:
Historic warehouse conversion creating 16 rental apartments in the City of Dubuque.
IEDA has received these funds from the United States Department of Housing and Urban
Development ("HUD") under the Supplemental Appropriations Act of 2008 (Pub. L. 110-252) and
under the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009
(Pub. L. 110-329) under CDBG Program, in order to assist in the recovery from the 2008 floods.
Your amendment of contract 08-DRH-212 will have an effective date of the date of this letter,
pending successful contract negotiation and complete execution. The Amendment between
Dubuque and IEDA will be following shortly. Upon its receipt, please review the document
thoroughly, and sign and return it to IEDA. With the Amendment's return we will execute and return
a copy for your files.
Environmental
No HUD funds or non -HUD funds may be committed to the project until the applicant has
secured environmental approval from the State, as provided in HUD regulation 24 CFR Part 58.
In addition, pending environmental approval and pursuant to 24 CFR Part 58.22(a), no grant
recipient or participant in the development process, including contractors or sub -contractors,
may undertake an activity that may limit the choice of reasonable alternatives. Such choice
limiting actions include real property acquisition, leasing, rehabilitation, repair, demolition,
conversion, and new construction. However, you may incur costs for those certain activities that
are "exempt" from the environmental review requirements under 24 CFR Part 58.34. These costs
include administration, environmental review, engineering, and design. Costs for exempt activities
may be incurred as of the date of this letter but cannot be reimbursed by IEDA until execution of the
Contract.
AND the following provided:
• Location of the project
• Description: 2 twin homes, etc.
• Amount per project (relevant if multiple projects are awarded under one contract)
Govemor Terry E. Branstad 1 Lt. Governor Kim Reynolds i Director Debi V Durham
Davis -Bacon
Residential Only:
The Davis -Bacon prevailing wage requirements will apply to all projects that contain eight (8) or
more units. Prior to seeking bids for your project, it will be necessary to request and obtain the
appropriate wage determination to ensure the prevailing wages are factored into the construction
bids. Please contact the IEDA early in the pre-bid process to ensure the project scope is clearly
defined and understood and the appropriate wage determination is issued. The administration and
compliance monitoring will follow the guidance provided in the HUD 1344.1 Rev. 2 handbook,
Federal Labor Standards Requirements in Housing and Urban Development Programs.
Residential with Commercial:
The Davis -Bacon prevailing wage requirements will apply to all projects that contain eight (8) or
more units. Prior to seeking bids for your project, it will be necessary to request and obtain the
appropriate wage determination(s) to ensure the prevailing wages are factored into the construction
bids. Since your project includes both residential and commercial construction, it may be necessary
to obtain two separate wage determinations dependent on the type of construction work to be
completed. Please contact the IEDA early in the pre-bid process to ensure the project scope is clearly
defined and understood and the appropriate wage determination is issued. The administration and
compliance monitoring will follow the guidance provided in the HUD 1344.1 Rev. 2 handbook,
Federal Labor Standards Requirements in Housing and Urban Development Programs.
Contact Dan Narber at dan.narber@iowa.gov with any Davis -Bacon questions.
IF ANY CONDITIONS CONTAINED IN THIS LETTER ARE NOT SATISFIED AT THE SOLE DISCRETION
OF IEDA, OR THE AMENDMENT IS NOT FULLY EXECUTED BY JULY 31. 2013, THIS AWARD OF FUNDS
SHALL BE RESCINDED, AND NO REIMBURSEMENT IS AVAILABLE FOR ANY COSTS INCURRED BY THE
CONTRACT RECIPIENT WITH RESPECT TO THIS AWARD.
In your application, you identified your project(s) as being "ready to proceed" (as stated in the
Attachment P Multi -Family New Production Guidelines). The IEDA will also give you until October 1,
2013 to start construction. If construction is not underway by this date, this award of funds shall be
rescinded, and no reimbursement will be available for any costs incurred by the Contract Recipient.
If you have any questions, please call your project manager Ann Schmid at 515-725-3078 or e-mail
ann.schmid@iowa.gov.
Sincerely,
Deborah V. Durham
Director
Enclosure
Cc: Dave Heiar, City of Dubuque
Tim MCNamara, Wilmac Property Company
File
SUBRECIPIENT AGREEMENT
FOR COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING DISASTER
RECOVERY FUND CONTRACT
BETWEEN
THE CITY OF DUBUQUE, IOWA AND WILMAC PROPERTY COMPANY
94
THIS Agreement ("the Agreement"), made and entered into this day of
2014, by and between City of Dubuque, Iowa (City) and the Wilmac Property
ompany (Subrecipient).
WITNESSETH THAT:
WHEREAS, City, at the request of Subrecipient, has applied to the Iowa
Economic Development Authority (IEDA) for a grant of federal funds from the U.S.
Department of Housing and Urban Development pursuant to the Contingency
Appropriations Act of 2009, Title I of the Housing and Community Development Act of
1974 and Chapter 23 of the Administrative Code, as amended, to renovate the former
Linseed. OH and Paintworks Company Building, 901 Jackson St. (aka 151 East Stn
St.)("the Building") into 16 residential units for workforce housing; and
WHEREAS, City has been awarded a grant of funds in the amount of
$2,248,890, subject to the condition that City rehabilitate the Building for persons or
households whose incomes are at or below 80% of the area median income limits (LMI)
by household size as established by HUD for Dubuque County , with 9 units of
residential housing; and
WHEREAS, the parties hereto desire to make a written agreement with respect
to said funds and the implementation of the project to which they pertain.
NOW, THEREFORE, the parties hereto have agreed to the terms and conditions
as hereafter stated:
SECTION 1. PROJECT AFFORDABILITY. The Wilmac Property Company project
includes the creation of 16 apartments in the Building ("the Project"). No less than 9 of
the rental units shall be occupied by persons or households whose incomes are at or
below 80% of the area median income limits (LMI) by household size as established by
HUD for Dubuque County. The following regulations are also part of this funding
commitment:
1.1 Maximum (gross) rent limits on the CDBG Supplemental Funds assisted
(affordable) rental units (by bedroom size) shall not exceed the most current HOME
Program 65% rent limits.
1.2 Rental property owners of CDBG Supplemental funds assisted rental projects
shall agree to a 10 -year period of affordability in terms of tenant income restrictions
(limitations) and through affordable rent limitations (controls) on all CDBG
090514baI
Supplemental funds assisted rental units (Le., the affordable rental units) serving LMI
tenants, maintaining the appropriate number of affordable rental units for the entire 10 -
year period.
1.3 Long-term affordability requirements shall be secured through an agreement for
covenants and restrictions that ride with the assisted rental property owner's land.
1.4 Throughout the period of affordability, assisted rental property owners shall
ensure that the appropriate number of rental units remains affordable to, and are
occupied by, income eligible and verified LMI tenants. All assisted rental units shall be
subject to the maximum rent limitations (by bedroom size) applicable to all assisted
rental units for the entire 10 -year period of affordability. Wilmac Property Company will
need to identify who will be responsible for the long-term affordability requirements and
oversight for all funded new construction multi -family (rental) projects.
1.5 . Throughout the period of affordability, assisted rental property owners shall
agree to periodic reporting requirements and compliance monitoring and/or inspections
(for tenant incomes and rents on the affordable units, appropriate unit mix, property
standards compliance, etc.).
1.6 The CDBG Supplemental funds subsidy amount provided must be secured as a
mortgage lien on the assisted multi -family property.
1.7 The CDBG Supplemental funds forgivable loan may be recorded in junior
position to the principal conventional loan (if there is one), but must be recorded in
senior position to any and all other funding in the project. Additionally, recipients must
maintain their assistance security agreements in the above -stated recording position
throughout the 10 -year period.
1.8 Form of assistance — The form of financial assistance (CDBG funds) will be a 10 -
year forgivable loan (non -receding), forgiven in full at the end of the 10 -year compliance
period. If the assisted rental project is sold or transferred, or converted to an alternate
(non-residential) use, during the 10 -year period following completion and acceptance,
the entire amount of the CDBG forgivable loan shall be repaid.
1.9 Upon mutual agreement and consent between the IEDA and the originally
assisted rental property owner; the assisted rental project may be sold or transferred,
but, only if the new purchaser agrees to continue with the terms of the forgivable loan
agreement and the agreement for covenants and restrictions, to complete the
remainder of the10-year affordability period (tenant income and rent limitations on 9 of
the rental units).
SECTION 2. CONSTRUCTION CONTRACTS AND SERVICES. Subrecipient shall,
for the purpose of constructing the Project, proceed forthwith to engage the services of
an architect/engineer, adopt plans and specifications, and award construction contracts
in accordance with the laws and regulations of the State of Iowa and of the United
2
States.
SECTION 3. ADMINISTRATION. The administration of the CDBG Contract #08-
DRH-212 ("the Grant Contract) and all transactions involving the expenditure of any of
the grant funds within the scope of said contract shall be the sole prerogative of City
carried out in such manner as it deems appropriate and consistent with Title I of the
Housing and Community Development Act of 1974 and 261 --Chapter 23 of the Iowa
Administrative Code. The East Central Intergovernmental Association (ECIA) is hereby
named the administrator responsible for administering the Davis -Bacon Act and related
federal compliance issues pursuant to a separate contract.
SECTION 4. PROPERTY OWNERSHIP. Any and all improvements or property, real
or personal, constructed, installed, or acquired pursuant to this Agreement shall be and
remain the property of Subrecipient. If, from the date funds are first spent for the
property until ten years after closeout of City's Grant Contract, the use or planned use
of the property is proposed to be changed, then Subrecipient shall notify City of
proposed change. City shall contact the IEDA for instructions on how to proceed. If
Subrecipient proceeds with a use determined by the IEDA to be inconsistent with the
use of CDBG funds, Subrecipient shall reimburse City and City will reimburse the IEDA
the IEDA determined amount of funds. See Section 16.
SECTION 5. PROPOSED PROJECT. Subrecipient shall grant access to the
premises and Subrecipient's program records for City and its contractors to perform
such required functions consistent with the Grant Contract as City shall deem
appropriate.
• The Borrower agrees to submit Semi-annual Status Reports to City by the
seventh day of the month following the end of each semi-annual period as cited
in the Grant Contract, in the manner prescribed by City.
• The Borrower agrees to submit all information and documentation
regarding project expenditures and employment as requested by City.
• The Borrower agrees to at all times maintain proper documentation and
books of account in a manner satisfactory to City. The Borrower agrees to
provide to City an itemized schedule of project expenditures on a semi-annual
basis.
• The Borrower will furnish to City a financial operating statement on an
annual basis no later than the sixtieth (60th) day following the expiration of the
Borrower's fiscal year.
• The Borrower hereby authorizes City or its agents to conduct an audit of
the Borrower's books and records at City's discretion.
SECTION 6. EXCESS COSTS. It is agreed that if the amount of the lowest
responsible bids received for the construction of the Project, plus the estimated cost of
professional services and a reasonable reserve for contingencies exceeds the balance
of grant funds and local funds available for the Project, all bids shall be rejected and the
Project redesigned so as to keep the maximum cost of the Project less than the
balance of grant and local funds. It is further agreed that if the construction of the
Project results in contractual liability of City in an amount greater than the grant funds,
Subrecipient shall be responsible for covering 100% of excess costs and hold City free
of any contractual liability.
SECTION 7. INDEMNIFICATION. Subrecipient shall hold City, ECIA, the State of
Iowa and the Iowa Economic Development Authority and their officers and employees
harmless from any and all claims, losses, damages or liability whatsoever .resulting from
or arising out of this Agreement or the Project to which it pertains.
SECTION 8. UNALLOWABLE COSTS. If City determines at any time, whether
through monitoring, audit, closeout procedures, or other means or process that
Subrecipient has expended funds which are unallowable, Subrecipient will be notified of
the questioned costs and given an opportunity to justify questioned costs prior to City's
final determination of the disallowance of costs. If it is City's final determination that
costs previously paid by City are unallowable under the terms of this Agreement, the
expenditures will be disallowed and Subrecipient shall repay to City any and all
disallowed costs.
SECTION 9. EVENTS OF DEFAULT. The following shall constitute Events of Default
under this Agreement:
9.1 Material Misrepresentation. If at any time any representation, warranty or
statement made or furnished to City by, or on behalf of Subrecipient in connection with
this Agreement or to induce City to make a grant to Subrecipient shall be determined by
City to be incorrect, false, misleading or erroneous in any material respect when made
or furnished and shall not have been remedied to City's satisfaction within thirty (30)
days after written notice by City is given to Subrecipient.
9.2 Noncompliance. If there is a failure by Subrecipient to comply with any of the
covenants, terms or conditions contained in this Agreement, and any such failure shall
remain unremedied for thirty (30) days after written notice hereof shall have given by
City.
9.3 Agreement Expiration Date. If the Project, in the sole judgment of City, is not
completed on or before the Agreement Expiration Date.
9.4 Misspending. If Subrecipient expends Grant proceeds for purposes not
described in the CDBG application, this Agreement, or as authorized by City.
9.5 The Borrower shall assign this Agreement to another party without prior written
consent of City and IEDA.
4
9.6 Insurance. If Toss, theft, damage or destruction of any substantial portion of the
property of Subrecipient occurs for which there is either no insurance coverage or for
which, in the opinion of City, there is insufficient insurance coverage.
SECTION 10. NOTICE OF DEFAULT. City shall issue a written notice of default
providing therein a fifteen (15) day period in which Subrecipient shall have an
opportunity to cure, provided that cure is possible and feasible.
SECTION 11. REMEDIES UPON DEFAULT. If, after opportunity to cure, the default
remains, City shall have the right, in addition to any rights and remedies available to it
to do one or both of the following:
a. Exercise any remedy provided by law;
b. Require immediate repayment of up to the full amount of funds disbursed
to Subrecipient under this Agreement plus interest incurred at 6% rate.
SECTION 12. MISCELLANEOUS. Neither party to this Agreement shall assign its
rights and obligations hereunder without the prior written authorization of the other
party. This Agreement shall be governed by the laws of the State of Iowa. In the event
any provision of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof. The terms and conditions of this Agreement may be amended
only by written instrument executed by both parties and, when necessary, with the
concurrence of the State of Iowa, Department of Economic Development. Such
amendments include any deviation from the recipient program schedule, or other terms
and conditions provided for by the Iowa Economic Development Authority contract
number 08-DRH-212 which is by this reference incorporated herein and made a part
hereof of this Subrecipient agreement.
SECTION 13. TERMINATION FOR CONVENIENCE. City or Subrecipient may
terminate this Agreement when both parties agree that the continuation of the Project
would not produce beneficial results commensurate with the future expenditure of
funds. The parties shall agree upon the termination conditions, including the effective
date and shall cancel as many outstanding obligations as possible. City shall allow full
credit to Subrecipient for City share of the noncancellable obligations, properly incurred
by Subrecipient prior to termination, subject to Iowa Economic Development Authority
approval.
SECTION 14. TERMINATION FOR CAUSE. City or Subrecipient, for legitimate and
just cause, may terminate this Agreement upon ten (10) days written notice to the other.
Each party shall be responsible for the liabilities they possess as a result of this
Agreement and shall save and hold harmless each from further liability.
5
SECTION 15. LEGAL ENTITY. No separate legal entity is created by this
Agreement.
SECTION 16. REVERSION OF ASSETS. Up to and including the expiration date of
this Agreement (10 years after the date of closeout of City's contract with IEDA),
Subrecipient shall transfer immediately to City any CDBG funds on hand (excluding
payments for accounts payable under the aforesaid project received prior to project
closeout) and/or any account receivable attributable to the use of CDBG funds and/or
any real property under Subrecipient's control that was acquired or improved in whole
or part with CDBG funds and disposed of in a manner that results in Subrecipient being
reimbursed in the amount of current market value of the property Tess any portion of the
value attributable to expenditures on non-CDBG funds for acquisition of or improvement
to the property.
SECTION 17. FEDERAL LAWS. By virtue of the federal funding provided for under
this Agreement, the parties hereto shall be bound by and adhere to all applicable
federal laws, rules, policies, orders and directions, including, by way of specification, but
not limited to the following:
a. The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C.
3601-19 and implementing regulations; Executive Order 11063; Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 200d-1), and 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 supplement these
laws and orders.
b. The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against
discrimination against handicapped individuals under Section 504 of the
Rehabilitation Act of 1973 (24 U.S.C. 794).
c. The requirements of Executive Order 11246 and the regulations issued
under the Order at 41 CFR Chapter 60.
d. The requirements of Section 3 of the Housing and Urban Development
Act of 1968, 12 U.S.C. 1701.
e. The requirements of Executive Orders 11625, 12432, and 12138.
Consistent with responsibilities under these Orders, the provider must make
efforts to encourage the use of minority- and women -owned business enterprises
in connection with activities funded under this part.
f. The maintenance of books, records, documents and other such evidence
pertaining to all costs and expenses incurred and revenues received under this
Agreement to the extent and in such detail as will properly reflect all costs, direct
and indirect, of labor, materials, and equipment, supplies, services, and other
6
costs and expenses of whatever nature, for which payment is claimed under their
contract/subagreement as specified in 261 --Chapter 23, Iowa Administrative
Code and OMB Circular A-102.
g. At any time during normal business hours and as frequently as deemed
necessary, the parties heretofore shall make available to the Iowa Economic
Development Authority, the State Auditor, the General Accounting Office, and
the Department of Housing and Urban Development, for their examination, all of
its records pertaining to all matters covered by this Agreement and permit these
agencies to audit, examine, make excerpts or transcripts from such records,
contract, invoices, payrolls, personnel records, conditions of employment, and all
other matters covered by this Agreement for five years after complete grant
closeout and all other pending matters are closed.
h. Subrecipient (Wilmac) agrees to include the provisions of Paragraphs (a)
through (g) in every subcontract or purchase order unless excepted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204
of Executive Order No. 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The contractor (Wilmac) will
take such action with respect to any subcontract or purchase order as the
contracting agency (City) may direct as a means of enforcing such provisions
including sanctions for noncompliance: Provided, however, that in the event
Contractor (Wilmac) becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by contracting agency
(City), the contractor (Wilmac) may request the United States to enter into such
litigation to protect the interests of the United States.
Certification regarding government -wide restriction on lobbying.
Subrecipient certifies, to the best of his/her knowledge the belief that:
1. No federal appropriated funds have been paid or will be paid, by or
on behalf of Subrecipient, 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.
2. If any funds other than Federal appropriated funds have been 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, Subrecipient shall
complete and submit Standard Form LLL, "Disclosure Form to Report
7
Federal Lobbying" in accordance with its instruction.
3. Subrecipient 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.
4. 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.
j. 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 or its Funding
Agreements, 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).
SECTION 18. OTHER REQUIREMENTS. In connection with the carrying out of this
Agreement, Subrecipient agrees to comply with any and all rules and regulations of the
IEDA and the US Department of Housing and Urban Development concerning third
party contracts.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized representatives.
CITY OF DUBUQUE, IOWA
GRANTEE
By:
Roy D. Buol Vlayor
ATTEST:
Ke in S. Firnstahl, lerk
WILMAC PROPERTY COMPANY
SUBRECIPIENT
B