East Central Development Corporation Assignment of Agreements to Community Solutions of Eastern Iowa Copyrighted
October 21 , 2019
City of Dubuque Consent Items # 10.
ITEM TITLE: EastCentral DevelopmentCorporationAssignmentof
Agreements to Community Solutions of Eastern I owa
SUMMARY: City Manager recommending approval of the Assignment
of Purchases of Services and Agreement for services
between East Central Development Corporation and
Community Solutions of Eastern lowa and authorizes the
Mayor to execute the new Purchase of Services
Agreement and the Continuum of Care agreement with
Community Solutions of Eastern lowa on behalf of the City.
RESOLUTION Approving the Assignment of a Purchase
of Services Agreement between the City of Dubuque and
East Central Development Corporation from East Central
Development Corporation to Community Solutions Eastern
lowa
RESOLUTION Approving an Agreement for services
between the City of Dubuque and East Central
Development Corporation from East Central Development
Corporation to Community Solutions of Eastern lowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
ECIA New Non-Profit-MVM Memo City Manager Memo
Staff Memo Staff Memo
POS - ECDC to CSEI Resolution Resolutions
POS - ContractAssignment ECDC to CSEI Supporting Documentation
CoC -Agreement Resolution Resolutions
CoC ContractAssignment Partially Executed Supporting Documentation
Continuum of Care Original Contract Supporting Documentation
Dubuque
THE CITY OF �
uI�AaMca cih
DuB E � �
I � � I
Maste iece on the Mississi i Zoo�•zoiz•zois
YP pp zoi�*zoi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: East Central Intergovernmental Association New Non-Profit
DATE: October 16, 2019
East Central Intergovernmental Association has created a new non-profit called
Community Solutions of Eastern lowa to administer their homeless programs. This will
void agreements from their previous non-profit, East Central Development Corporation,
and require a new agreement to be executed for their Purchase of Services grant and
the contract for the Continuum of Care grant administration.
Housing & Community Development Director Alexis Steger recommends City Council
approval of the Assignment of Purchases of Services and Agreement for services
between East Central Development Corporation and Community Solutions of Eastern
lowa and authorizes the Mayor to execute the new Purchase of Services Agreement
and the Continuum of Care agreement with Community Solutions of Eastern lowa on
behalf of the City.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Alexis M. Steger, Housing & Community Development Director
Dubuque
THE CITY OF �
All•America City
NAIICJh'AI.C7VK;Lt'l�C'�k:
UB E ' I I�'
2007*2012*2013
Masterpiece on the Mississippi 2oi�*Zoi9
TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing & Community Development Director
SUBJECT: East Central Intergovernmental Association New Non-Profit
DATE: September 30, 2019
BACKGROUND
East Central Intergovernmental Association has created a new non-profit called
Community Solutions of Eastern lowa to administer their homeless programs. This will
void agreements from their previous non-profit, East Central Development Corporation,
and require a new agreement to be drafted and executed for their Purchase of Services
grant and the contract for the Continuum of Care grant administration.
RECOMMENDATION
I respectFully request the City Council approval of the attached Assignment of
Purchases of Services and Agreement for services between East Central Development
Corporation and Community Solutions of Eastern lowa and authorizes the Mayor to
execute the new Purchase of Services Agreement and the Continuum of Care
agreement with Community Solutions of Eastern lowa on behalf of the City.
Prepared by: Christopher J. Lester, Community Development Specialist
Prepared by Crenna M. Brumwell 300 Main Street, Suite 330 Dubuque IA 52001 563 589-4381
Return to Prepared by Crenna M. Brumwell 300 Main Street, Suite 330 Dubuque IA 52001 563 589-4381
RESOLUTION NO. 369-19
APPROVING THE ASSIGNMENT OF A PURHASE OF SERVICES AGREEMENT
BETWEEN THE CITY OF DUBUQUE AND EAST CENTRAL DEVELOPMENT
CORPORATION FROM EAST CENTRAL DEVELOPMENT CORPORATION TO
COMMUNITY SOLUTIONS OF EASTERN IOWA
WHEREAS, East Central Development Corporation (ECDC) is the recipient of city
funds under a Purchase of Services Agreement with the City of Dubuque, Iowa dated
August 5, 2019, (the "POS Agreement"); and
WHEREAS, the POS Agreement specifies various rights and obligations, of the ECDC
and the City of Dubuque related to the use of city funds; and
WHEREAS, ECDC desires to assign all its interest in and to the POS Agreement to
Community Solutions of Eastern Iowa (CSEI) and CSEI desires to accept such
assignment and agrees to be bound by the terms thereof; and
WHEREAS, the assignment by ECDC to CSEI hereunder is permanent and complete
and ECDC retains no rights under the POS Agreement whatsoever as of the date hereof;
and
WHEREAS, the City of Dubuque, Iowa has authorized this Assignment in the POS
Agreement; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby consents to the Assignment of the Purchase of
Services Agreement from ECDC to CSEI, a copy of which is attached hereto.
2. The Mayor is authorized and directed to execute the Assignment of Purchase of
Services Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 21st day of October 2019.
Attest:
1
Roy D. s ol, Mayor
Prepared by and Return to: Crenna Brumwell, 300 Main St., Suite 330, Dubuque, Iowa 52001
ASSIGNMENT OF PURCHASE OF SERVICES AGREEMENT
BETWEEN
EAST CENTRAL DEVELOPMENT CORPORATION
AND
COMMUITY SOLUTIONS OF EASTERN IOWA
This Assignment of the P rchase of Services Agreement dated for reference
purposes the 110 of Dfn 1 n
day 20 � �, is made and entered into by and
between East Central Development Corporation (Assignor) and Community Solutions of
Eastern Iowa (Assignee).
WHEREAS, Assignor is the recipient of city funds under a Purchase of Services
Agreement with the City of Dubuque, Iowa dated August 5, 2019, (the "POS
Agreement"); and
WHEREAS, the POS Agreement specifies various rights and obligations of the
Assignor and the City of Dubuque related to the use of city funds; and
WHEREAS, Assignor desires to assign all its interest in and to the POS
Agreement to Assignee and Assignee desires to accept such assignment and agrees to
be bound by the terms thereof; and
WHEREAS, the assignment by Assignor to Assignee hereunder is permanent
and complete and Assignor retains no rights under the POS Agreement whatsoever as
of the date hereof; and
WHEREAS, the City of Dubuque, Iowa has authorized this Assignment in the
POS Agreement; and
WHEREAS, the parties desire to reduce this Assignment to writing.
THEREFORE, Assignor hereby assigns to Assignee the POS Agreement
pursuant to the following terms and conditions:
1. Assignment. Assignor hereby assigns to Assignee, and Assignee hereby
accepts from Assignor, this assignment of the POS Agreement, which assignment
092719cmb
includes all rights and obligations of any sort whatsoever of Assignor thereunder such
that, upon acceptance hereof by Assignee, Assignor shall have no right or interest
whatsoever in and to the POS Agreement as of the date hereof and Assignee agrees to
be fully bound by the POS Agreement and shall carry out all obligations of, and be
entitled to all rights of, Assignor thereunder.
2. Law/Binding Effect. This Assignment shall be governed by and construed
in accordance with the laws of the State of Iowa. This Assignment shall be binding
upon the parties hereto and their respective successors in interest and assigns. In the
event of a breach of this Assignment the non -breaching party shall be entitled to all
rights and remedies at law or equity and shall be entitled to recover reasonable
attorneys' fees incurred due to the breach.
3. Affirmation. The parties hereby affirm the POS Agreement in aII respects,
except that hereafter the Developer thereunder shall be the Assignee; in all other
respects, the POS Agreement shall remain in full force and effect according to its terms.
EAST CENTRAL DEVELOPMENT
CORPORATION, Assignor EASTERN IOWA, Assignee
COMMUNITY SOLUTIONS OF
By: a" (Ai"iL'C&9
\IV,b r\.h o1 c
(Printed Name)
2
B
keYe
(Printed Name
By:
APPROVAL OF ASSIGNMENT BY THE CITY OF DUBUQUE, IOWA
The City of Dubuque hereby approves the foregoing Assignment.
Attes
Roy D. ' uol, Mayor
3
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on (9(TA
by L SOL UVeLft dd as i\'(&L I4'
'' ��460 �,�tocid., East
Central Development Corporation
STATE OF )
COUNTY OF DUBUQUE ) ss:
Notary Public in and for
State of Iowa
This instrument was acknowledged before me on (flr
by) / (, 14. 4uyttt Kas Pi81104- f' 4f CommunitySolutions
Iowa.
4
No a y Public inandfor
State of Iowa
RESOLUTION NO. 370-19
APPROVING THE ASSIGNMENT OF AN AGREEMENT FOR SERVICES BETWEEN
THE CITY OF DUBUQUE AND EAST CENTRAL DEVELOPMENT CORPORATION
FROM EAST CENTRAL DEVELOPMENT CORPORATION TO COMMUNITY
SOLUTIONS OF EASTERN IOWA
WHEREAS, East Central Development Corporation (ECDC) is the recipient of city
funds under an Agreement for Services with the City of Dubuque, Iowa dated July 1st,
2019; and
WHEREAS, the Agreement for Services specifies various rights and obligations of the
ECDC and the City of Dubuque related to the use of city funds; and
WHEREAS, ECDC desires to assign all its interest in and to the Agreement for
Services to Community Solutions of Eastern Iowa (CSEI) and CSEI desires to accept
such assignment and agrees to be bound by the terms thereof; and
WHEREAS, the assignment by ECDC to CSEI hereunder is permanent and complete
and ECDC retains no rights under the Agreement for Services whatsoever as of the date
hereof; and
WHEREAS, the City of Dubuque, Iowa has authorized this Assignment in the
Agreement for Services; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby consents to the Assignment of the Agreement for
Services from ECDC to CSEI, a copy of which is attached hereto.
2. The Mayor is authorized and directed to execute the Assignment of Agreement for
Services on behalf of the City of Dubuque.
Passed, approved and adopted this 21st day of October 2019.
Attest:
Ken S. Firnstahl, City Clerk
Roy D. uol, Mayor
ASSIGNMENT OF AGREEMENT FOR SERVICES
BETWEEN
EAST CENTRAL DEVELOPMENT CORPORATION
AND
COMMUNITY SOLUTIONS OF EASTERN IOWA
�ThEs Assi n e�t �f�e Agre�ment for Services, dated for referen�e purposes the
daY af �1' , 2019, is made and entered into k�y and between East
Central De�efopment Corporation �Rssignor) and Community So�utions a'f Eas#ern lowa
(Assignee).
�
WHEREAS, Assignor is the recipient of city funds under an Agreement for
Services with the City of Dubuque, lowa dated ' � , 2019; and
WHEREAS, the Agreement for Services specifies various rights and obligations
of the Assignor and the City of Dubuque related to the use of city funds; and
� WHEREAS, Assignor desires to assign all its interest in and to the Agreement for
Services to Assignee and Assignee desires to accept such assignment and agrees to
be bound by the terms thereof; and
WHEREAS, the assignment by Assignor to Assignee hereunder is permanent
and complete and Assignor retains no rights under the Agreement for Services
whatsoever as of the date hereof; and
WHEREAS, the City of Dubuque, lowa has authorized this Assignment in the
Agreement for Services; and
WHEREAS, the parties desire to reduce this Assignment to writing.
THEREFORE, Assignor hereby assigns to Assignee the Agreement for Services
pursuant to the following terms and conditions:
1. Assiqnment. Assignor hereby assigns to Assignee, and Assignee hereby
accepts from Assignor, this assignment of the Agreement for Services, which
assignment includes all rights and obligations of any sort whatsoever of Assignor
thereunder such that, upon acceptance hE�reof by Assignee, Assignor shall have no
right or interest whatsoever in and to the Agreement for Services as of the date hereof
and Assignee agrees to be fully bound by the Agreement for Services and shall carry
out all obligations of, and be entitled to all rights of, Assignor thereunder.
2. �awl6indin Effect. This Assignment shall be governed by and construed
in accordance with the laws of the State of lowa. This Assignment shall be binding
upon the parties hereto and their respective successors in interest and assigns. In the
event of a breach of this Assignment the non-breaching party shall be entitled to all
rights and remedies at law or equity and shall be entitled to recover reasonable
attorneys' fees incurred due to the breach.
3. Affirmation. The parties hereby affirm the Agreement for Services in all
respects, except that hereafter the Developer thereunder shall be the Assignee; in all
other respects, the Agreement for Services shall remain in full force and effect
according to its terms.
EAST CENTRAL DEVELOPMENT COMMUNITY SOLUTIONS OF
CORPORATION, Assignor EASTERN IOWA, Assignee
�
ey: �z By;� .
�
' S�av�a� �, .� ._��� r���e - J u.�+rn� e„'
(Printed Name) (Prinfed Name)
2
APPROVAL OF ASSIGNMENT BY THE CITY OF DUBUQUE, IOWA
The City of Dubuque hereby approves the foregoing Assignment.
%0
Roy ® Buol, Mayor
By:
Attes
Ke in S. Firnst• (,City Clerk
3
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on � 1 "��I� r , � ���
by 1 �. :' . �(��yl ��� .� , as L��� •►�L� of East
Central Develapment Corporation ' ,
f�� l ��� .
o*' �+Y MATTHEW J.SPECHT
Commission Number 723662 Notary Public in and for
; ,a,�;�' My Comm.Exp. •i3 •�- State of lowa
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on �� �r ��J� ,
bY � ��' �a as ��1 t `�"u�yof Community Solutions of Eastern
lowa. J
otary Public in and for
State of lowa
9.�JF�'�{ly StiAFION R. NESTEBY
��* Commisslon Number 780579
,4Y• My Comm. Exp`�•��-ao
4
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AGREEMENT FOR SERVICES
BETWEEN �
CITY OF DUBUQUE
AND
EAST CENTRAL DEVELOPMENT CORPORATION
This Agreemenfi ("AgreemenY'), by and between the East Central Developmenfi
Corporation ("ECDC") and the City of Dubuque, ("City") requesting ECIA's assistance and
technical services in connection with the Continuum of re ("CnC" �,�ci I Needs
Assistance Program ("SNAP"), is entered into on the ��ay �f_
2019. '
SECTION 1. Scope of Services ;
ECDC will provide and perform the nec�ssaiy services set forth ir� the M�marandum of �
Llnderstar�ding �"IVf pU"} (Aftac�tment A}with �C1A acting as the Pr�gram Spansor. If the
sco�Oe of s�rvic�s exceeds those services listed in A#tachment A for any r�ason, the Gity
of Dubuque and ECDC (collectively the "Parties"} will adj�sf th� praject cast to a cos#that
is mutually agreed upon by the Parties. ,
SECTION 2. Time of Performance
ECDC commer�ced pe�farmance under t�is Agr�emen#u�Oon �x�cution of this Ac�re�ment
�y the Par#ies beginning July �, 201g through June 30, 20�0, The time r�quired for
�erFvrmance is antici�oated to �� tw�lve ��2� mflnfhs annUally from Jufy � tv June 30tn
Parties agree the can#ract shafl a�#omatically renew each year unless either party
provides a ninety (90) day written notice as outlined in Section 11 and 12 below.
The Parties agree to annually and as needed to review progress and performance.
SECTION 3. Method of Payment and Hours Worked
Total payment �or services under this Agreement will not exceed forty thousand dollars
�$4�,0��}. ECIA wi�l invvice fi�e City mvn#hly using the ECIA Board approved haurly
rates. EGIA w�l! invvic� City of ❑ubuque on the last business day of eaeh manth
beginn�ng f�e mvntl7 the contra�t is execufed for services rendered during that calendar
month. E�fA will provide the City of Dubuque supporting documentation with each
monthly billing including timesheets for ha��rs worked and services �rovid�d. Payment is
�ue upon recei�t vf eacYt ir�voi�e.
SECTION 4. Personnel
�CDC represents that it currer�tly emplvys, or will acquire as need�d during fihe
p�rFormanc� o€ this Agreemen#, al� persannel necessary for the timely and successful
pertormance af this Agre�m�nf and to a�# as the SNAP Program Sponsor. ECDC is
staffed �y its parer�f arganizatian East Central Intergovernmental Association(ECIA)
City of Dubuque �
Contract for Services—COC-SNAP
th�ough a management agreement. ECOC does not hav� any direct employ�es. Th� .
p�rsannel,wheth�r existir�g or n�wly acquired, are ECIA employ�es and will rema'tn ECIA ,
emplayees regardless vf any uvark or services such emplaye�s perfvrm in cot�nectian
with the project.
SECTfON 5. Property �
ECDC is responsible to acquire or use existing property, real or personal, as it deems
necessary in the performance of work under this Agreement. �
SECTION°6.`'Audit and Evaluation i
As the funds to be provided to ECDC by tf�e City are public funds, ECDC agrees that it '
will maintain books of account in a�cordance with Generally Accepted AcGounting
Standards together with necessary documentativn ta suppart all expenditures. ECDC's
accounting functia��s are ��rFormed by ECIA staff through t�e man�gem�nt agr�ement.
The records of ECDC and ECIA, including payrall accaunts and other records af
disbursement and receipts, and other records refating to th� psrformance ❑f#he activiti��
herein specified, shall be made available for reviewlaudit by City ar any C��tified Pu�lic
Accountant acting on its behalf, in order to ascertain performance af EC�C ur�der this
agreement. ECDC agrees to retain such records for not less than three (3) years. �
�
SECTION 7. Reporting and Monitoring
ECDC shall render to the Housing and Communi�y Develvpment Director a �uarterfy
re�art detailing i#s activities relate� ta the us� of City funds pravided to ECC]C. 5uch
repart shafl include a per�armance report on #he pragram[s� supported by the City funds
and a finar�cial r�par�an the use of City funds, which s�all be rendered no later fhan the '
fourth Thursday of the succeeding month. A writt�r� annua! repflrt shall be submitted to !
th� Ci#y Council w'tthin sixty ��Q} days of f�scal year end. The annual report shall i�zclude ,
a pe�Fvrmance report or� the program�s} sup�orted �y the �ity funds and a financial report �
❑n the use of City fun�s. If ECDC has ar� annua! audit p�rformed, EGDC shall provide `
City a copy of the annual audit within five months of fiscal year-end. �
�
SECTION 8. Discrimination .
In carrying out the services under this Agreement, ECDC shall not discriminate against ;
any empiayee or applicant for emp�aym�nt because afi race, creed, cvior, sex, age, f
national origin, religion, sexual orienfation, gender identity, or disability. ECDC shall take E
affirmative action to ensure that applicants far em�{vyme�t are �mpl�yed and that �
employees are treated during emplayment withaut regard tv race, ��eed, sex, age, F
national origin, religion, sexual ori�ntation, g�r�der identity, or dEsability. S�ch action s1�a11 :
include but not limited to the following: empioyme;i#, upgrading, demation ar transfer; ,
recruitment or recruitment advertising; IayofF or terminatian; ra#es af pay or other forms of
compensation; and selec#ion for training, in�luding apprenticeship. ECDC assures that
all quafifiecl applicanfis will receive consid�ration for employment without regard to race, .
City of Dubuque 2 '
Contract for Services—COC-SNAP
creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or
disa�ilify: j
ECDC agrees it will und�rfake wha#ev�r affirmative measures are ne�essary so t€�at no ;
person shafl be ex�luded frvm participation in, be denied the benefits of, or be suhjected �
ta �iscrimina�ivn ur�der any prngram or activities funded i�► whole pr in �aart with any af fihe
funds made availabie to EC�C under the terms of this Agreement because of race, color, �
creed, religion, sex, national origin, age, sexual orientafiion, gender identity or disability. i
SECTIOM 9. Assignability �
,
ECDC shall not assign any interest in this Agreement without prior written approval from '
the City.
SECTION 10; Insurance ;
I
At the time of execution of this Agreement by ECDC, ECDC shall provi�� the City copies
of ECDC's andlor ECIA's insurance certificates showing general lia�ility, a�fom�bile '
liability, and worker's compensation insurance coverage to fihe satisfaction of City for the
term of the Agreement. ,
SECTION 11. Termination by City of Dubuque
i
6.9. Th� City vf Dut��q�e may, by nine#y (90) days written notice to ECDC, terminate
fhis Agree�nent in whale vr in part at any time and for any reason. Upon receipt of such
nvtice, ECDC will: (1} imme�iately disconfinue all services affected (unless the notice
directs ❑therwise�, and {2� wif�in ninety �9�y ca�endar days deliver to City of Dubuque all
�afa, files, and ar�y ot�z�r grant materiafs relatea to the project and ECDCs pe�farmance
of this Agreement.
�.�. Nofwithstanding tf��above, ECO� wifl nofi be relieved of liahility to City of Dubuque
fvr �amages sustair�ed �y City of �ubuque arising f�om any breach by ECDC of this
Agreement. If any such damag�s are sustained, City of Dubuque may withhold any and
all payments ta EC�C unti! suc� time as the exact amount of damages due to Cifiy of
Dubuque from ECDC is determined.
6.3. If City of Dubuque elects to terminate this Agreement, ECDC will be paid the
amount due and owing up to and including the date of completion. If the date of �
termination does not fall on the last business day of a month, the services for thaf month
will be prorated based on the date of termination and the monthly invoice amount.
6.4. Upon receipt of written notice of termination from ECDC, ECDC will have ten (10)
days to cure any breach cited by Cify of Dubuque in its notice of termination to the'
satisfaction of ECDC in its sole discretion. If City of Dubuque deems any such breach is i
cured, it must notifiy ECDC ir� wrifing that ECDC's efforts to cure are acceptable and that
pe�forman�� under this Agreement wifl contii�ue. �
City of Dubuque 3 I
Contract for Services—COC-SNAP :
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SECTION 12. Termination by ECIA .
ECIA may terminate this Agreement by ninety (90) days written notice to City of Dubuque
for the following reasons; �
�
1. Both parties agree a continuation of this Agreement will not be in the best �
interests of City of Dubuque. �
�
2. ECDC ceases to exist or it is restricted or prohibited by its governmental 3
authorities from continuing to provide services under this Agreement. �
F
SECTION 13. Political Activity ;
Nv �ortion of City of ❑��uq�e's payment to �C�C may be used for any partisan paliti�al '
activity or to further t�� election or defeat af any candidate for public �ffice, or#o fur��er +
the election vr defeat of any cause subje�t to public vote. �
�
SECTION 14. Miscellaneous
;
9.1. Force Majeure. In the event that ECDC is d�layed ar hinder�d in vr prevent�d ;
from the performance nf any act r�quired her�ur�der by reasan �f strilces, lockouts, lafaor ;
troubles, unavailability vr exG�ssive grice Of fuel, power fajlure, ria#s, insurrectia�, war, 1
terrorist activities, chemical explosions, hazardaus candi�ian,fire, weat�er, or acts of God, �
ar by reason of any oth�r cause beyond the exclusive and reasanable control of ECDC, j
fhen performance of any such act will be exte�ded for a period �quivalent to the periad !
of such delay. '
,
,
9.2. Entire Agreement. This Agreement constitutes the entire Agreement of the Parties �
and supersedes all prior agreements. '
9.3, Modifications. This Agreement may not be modified, except in writing, signed by �
f
ECDC and City of Dubuque. �
i
9.4. Applicable Law and Venue. This Agreement is governed by the laws of the State �
of lowa and venue for any action with respect to this Agreement is the District Court of �
Dubuque County, lowa.
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9.5. Authority. City of Dubuque and ECDC represenfi that each, respectively, has full �
right, power and authority to execute this Agreement. y
term of this A reement is faund to be void or invalid, such �
9.6. Severability. If ar�y 9
invalidity wifl not affect the remaining terms of this Agreement, which will continue in full
force and effect.
9,7. Cansent �r A�prvval. ln any case where the apprava� or consent of City of
❑u�uque or ECDC is requir�d ❑r requesf�d under this AgreeE�nent, such party shall not
unreasana�ly delay or otf�e�wise witi�hold its approval or consent.
City of Dubuque `�
Contract for Services—COC-SNAP
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9.8. C�G-SNAP Funding. C:ity of ❑ra�uque agrees to assume program debfi and
fiabilify incurred by pr�vinus C�C-SNAP program Sponsors. ECDC is released from
I�ability relat�d to funding, dent vr program regulafion violations that originated from
previous pragram 5�onsars.
9•9. C��-Sharff�li. C€fy vf Dubuqt�� will assume liability for a funding shortfall in the
C�C-SNAP program related to �articipant rents, utilities and security deposits in the
ev�nf tl�e COC-SNAP grant funding is nof sufficient or fihe partner organizations grant
€unds are �e�uced ❑r are na# award�d a�r�ua�ly.
9.10. Notices. All notices and correspondence related to this Agreement shall be sent
to the following: -
ECDC/ECIA: East Central Intergovernmental Association/ECDC f
Kelley H. Deutmeyer, Executive Director . �
7600 Commerce Park
Dubuque, lowa 52002
City of Dubuque Housing Services !
Alexis Steger, Housing Director
350 W. 6th St., #312 �
Dubuque, lowa 52001 �
E
City of Dubuque: East Central Development �
Corporafiion �
BY: �; � i _ . �
By. ,�I �
Alexis Steger Lisa Weinhold
Hous117g DI'1'eCfiol' Treasurer of ECDC
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,A.tfiest: Atfiest:
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Name and Title elley Fi. Deut yer ;
President/Exec. Director �
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City of Dubuque 5 ;
Contract for Services—COC-SNAP s
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,Q►l'TACHMENT A- MEfViORRNDUIVI OF UiVD�RSTANDING
FFY2019 -CI�"Y OF DUBUQU� FY 2020
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City of Dubuque 6
Contract for Services—COC-SNAP
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IA-501 CoC Special Needs Assistance Program l
Phoenix Housing Project �
Memorandum of Understanding between City of Dubuque and East Central Development Corporation �
FFY2019
City of Dubuque FY2020 �
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Bactcground and Intent:
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The City of Dubuque is the grantee for the lowa Balance of State Continuum of Care(CoC)Special Needs I
Assistance Program (SNAP)renewal project known as Phoenix Housing. East Central Development f
Corporation (ECDC-Private nonprofit organization)is the Sponsor Agency or sub-recipient for the �
Phoenix Housing project, i
The Continuum of Care Phoenix Housing proJect is designed to promote a communitywide commitment �
to the goal of ending homelessness to`disabled individuals/families. Funds are provided by the United ;
States Department of Housing and Urban Development for permanent housing in the form of rental �
assistance to quicl<ly rehouse homeless individuals/families with disabilities. Permanent housing means �
housing without a designated length of stay and is renewable for terms that are a minimum of one �
month long, and is terminable only for cause, Phoenix Housing project is designed to utilize sponsor- i
based rental assistance. For sponsor-based rental assfstance, program participants must enter into a
lease agreement for a term of at least one year,which is terminable for cause. The leases must be ;
automatically renewable upon expiration for terms that are a minimum of one month long,except on
prior notice by either party.
7he Phoenix Housing project is designed to promote access t.o and effective utilization of mainstream
programs by home.less individuals/families throu�h supportive services to optimize self-sufficiency and �
to prevent future homelessness, Permanent supportive housing means permanent housing in which
supportive services are provided to assist homeless persons with a disability to live independently. The
project can only provide assistance to individuals with disabilities and families in which at least one adult
has a disabilifiy. Supportive services.deslgned to meet the needs of the program participants must be
made available to the program participants. The amount of the rental assistance must be matched in ,
the aggregate by supportive services appropriate to the needs of the population to be se_rved. The
recipient or sub-recipient must match all grant funds with no less than 25 percent of funds or in-I<ind �
contributlons from other sources.
Program Management:
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Program management functions shall be split between the City of Dubuque and East Central �
Development Corporation (ECDC). �
ECDC Scope of Services:
1. ECDC will act as the grant sponsor agency. ;
2. ECDC shall recruit participants forthe prQgram. �
�. ECDC shall meet with prospective clients to determine eligibility of basic program requirements.
Verification of homelessness and disability shall be maintained in the client file in a confidential
manner.
4. ECDC shall process all intalce functions maintaining detailed assessment of all clients, '
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5. ECDC shall develop a case plan consisting of needs and referrals including life slcills,job training,
education needs,counseling, employment opportunities, necessary counseling,and resources.
ECDC shall document all necessary services and referrals. Case management shall include
assessing, arranging,coordinating, and monitoring the delivery of individualized services to
meet the needs of the program participant. Components of services and activities may consist
of assisting clients in obtaining:
a. Counseling services
b. Developing,securing, and coordinating servlces
c. Obtaining Federal,State,and local benefits '
d. Monitoring and evaluating program participant progress �
e. Providing ongoing risk assessment and safety planning with victims of domestic -
violence,dating violence,sexual assault,and stalking '
f. Developing an individualized housing and service plan,including planning a path to
permanent housing
g. Educational services including instruction or training in consumer education, health
education,substance abuse prevention, literacy,English as a Second Language,and high
school equivalency .
h, Employment assistance and job training include services that assist individuals in
securing employment,acquiring learning skills,and/or increasing earning potential as
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needed '
i, Mediation with property owners on behalf of eligible program participants
j. Life skills training including budgeting of resources, money management, household �
management,conflict management, nutrition and parent training as needed '
Ic. Mental and/or physical health services �
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I. Substance abuse treatment services `•
m, Ensuring that children being served in the program are enrolled in school and connected
to appropriate services in the community �
n. Client advocacy
6. ECDC shall tracl<all supportive services being provided to the client as the means to meet the
necessary program dollar match requirement and monitor participation of the client.
Supportive services may include:
a. A minimum of quarterly assessment of the services needs of program participants along
with adjusting services accordingly.
b. Services for program participants that empower them to live as independently as is
practicable throughout the duration of their residency
7. ECDC shall search for suitable housing units.
8. ECDC shall secure and lease suitable housing units with a variety of local,private,and non-profit
housing providers. The lease shall include language to ensure owners/landlords with any units
located in a flood plain carry flood insurance for the duration of the lease.
9. ECDC shall administer the collection of all participant rent collection and oversee tenant
relations with management with respect to notices,evictions and enforcernent of rental
property rules,policies and procedures.
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10. ECDC shall maintain applicable financial records as necessary,including billings and record of �
matching funds for services provided to program participants to meet the HUD requirements �
lncluding the type and nature of services that were provided,the cost of each unit of service and �
information needed to meet the Dept,of Housing and Urban Development requirements for �
matching funds for services, �
11. ECDC shall submit a monthly invoice along with the supporting documentation of rental '
assistance. The supporting documentation must be current at all times to Inelude the tenant �
name,date of the most recent HQS(Mousing Quality Standard) inspection,date the unit last
passed HQS inspectlon, beginning date of the ECDC lease agreement with the Property Owner,
address of the assisted unit,number of bedrooms in the unit,the current Fair Market Rent
amounts,the actual unit rent,the tenant's share of rent,the program(HUD)share of rent,the
disability classificafiion and the date of the most recent annual renewal or initial determination.
12. ECDC shall submit an adjusted invoice no later than the 5t"of the following month to correct any
changes in rent or tenant clrcumstances that occurred after the original invoice was submitted
along with supporting documents.
13, ECDC shall obtain all documents necessary to perform interim rent changes and annual
recertification for program participants and submit the documentation to the City of Dubuque in
advance to allow for proper notification,
14. All reports submitted by ECDC staff m.ust be reviewed for reliability/accuracy by the Community
Services Manager or appointed staff prior to submittal to City of Dubuque.
15. ECDC shall tracl<payments made for the dwelling unit and payments received by participants.
16. ECDC shall provide rent payments,deposits and utility allowances based on rent reasonableness �
data and participant needs to the appropriate owner, landlord, and utility company.
17. ECDC shall collect all appropriate rent payments from participants.
18, ECDC shall send all necessary unit information to the City of Dubuque for purposes of
determining rent reasonableness of the prospective unit and shall also notify City of Dubuque of
. any rent increases received.
19. ECDC shall enter into an Occupancy Agreement with each program participant explaining
relevant rules and regulations. The occupancy or lease agreement must be for a term of at least
one year. 7he leases must b.e automatically renewable upon expiration for terms that are a
minimum of one month long,except on prior notice by either party, .
20, ECDC shall submit a quarterly report to the City of Dubuque of matching funds for services
provided to program participants including the type and nature of services provided,the cost of
each unit of service and information needed to meet the HUD requirements regarding matching
funds for services.
21. ECDC shall conduct ongoing assessments of participant's needs and services and make
adjustments as appropriate, ECDC will malce monthly contract,either through face to face
meetings, phone calls,texts or emails to monitor clients and track client progress, Annually each
participant's goals will be re-evaluated and documented with an updated supportive services
plan,
22. ECDC shall notify City of Dubuque of any income changes reported by parfiicipants.
23. ECDC shall provide the appropriate notices to participants for program violations.
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24, ECDC shall be responsible for evictions. '
25. ECDC shall utilize the City of Dubuque Housing Commission as the advisory board. ECDC shall i
prepare reports for the advisory board on a minimum of a quarterly basis to include the amount �
of grant spending, number of participants,demographics of participants,supportive services'
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needs and other per�ormance measures. �
26. ECDC shall cornplete the Annual PerFormance Report for each fiscal year ending June 30th for ;
review by City of Dubuque staff prior to submission to HUD. The Annual Performance Report �
shall be submitted to the City of Dubuque no later than 45 days after the fiscal year end. The �
Annual Performance Report shall be reviewed by the Community Services Manager or �
designafied staff for reliability/accuracy. � �
27. ECDC shall maintain an up-to-date Administrative Policy for program rules, �
28. Prior to leasing a unit and with a change in tenant occupancy, ECDC staff will verify the E
inspection and Environ.mental Review has been completed by City of Dubuque staff. i
29. If a unit Is found to be located in an identified flood plain, ECDC shall obtain a copy of the �
owner's/landlord's proof of insurance to verify flood insurance. Owners/landlords with any �
units located in a flood plain must carry flood insurance for the duration of the lease. �
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City of Dubuque Scope of Services: �
1. City of Dubuque will act as grantee and fiscal agent.
2. Monitorthe Phoenix Housing Project(CoC SNAP)for compliance with all program goals, rules i
and regulations. I
3. Determine rent reasonableness of all initial units and any units with rent increases. �
4. Perform inspections of housing units for compliance with Housing Quality Standards and City of ;
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Dubuque Housing Code.
5. Perform Environmental Review priorto leasing by ECDC �
6. Calculate rental amounts by verifying participant income amounts and asset verifications based j
upon the unit data supplied by ECDC. Program participant rent shall not exceed the highest of: �
` a, 30%ofthe family's monthly adjusted income;or j
b. 10%of the family's gross monthly income �
7. Program participant's income must be examined initially,and at least annually. Adjustments to
a program participant's contribution toward the rental payment shall be made according to the �
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Administrative Policy and as changes in income are identified and verified. �
8. Clty of Dubuque shall provide ECDC with rent calculations by the 15th of each month in order to �
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allow adequate time to process the following month's invoice provided that staff has received �
all verifications necessary to perform the calculations by the 5th of the month prior to the '
effective date.
9. Review all invoices submitted by ECDC to ensure compliance with HUD regulations.
10. The City of Dubuque shall process reimbursement of the invoices within 7-10 buslness days
provided the invoices received by�CDC are accurate and comply with HUD regulations,
11. Request all grant rental payments from HUD.
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12, Grievance Procedures/Hearings will be held at the City of Dubuque Housing and CD office. A ;
minimum of three City of Dubuque Housing Commissioners shall serve as hearing officers. '
13. Prepare reports and other documents directly related to the program for submission to HUD i
utilizing rellable/accurate information obtained by ECDC, i
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14. Compose, review and submit the annual renewal application to the Continuum of Care.
15. Review and submit the Annual PerFormance Report to HUD.
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ECDC and City of Dubuque Scope of Services: �
1. Will make every effort to maintain good relations with all landlords who have participants in the �
program.
2. Will respect and provide due care in maintaining confidentiality of participants. �
3. Wiil jointly prepare an annual renewal project application including pro.gram budgets,goals and i
accomplishments,
4, Will monitor program activities for progress and compliance with program requirements.
5, Coordinate the resolution of audit and monitoring findings.
6, Evaluate program results against stated obJectives.
7. Will ensure nondiscrimination and equal opportunity requirements are followed according to �
Federal,State and local requirements. j
8. Must implement its program in a manner that affirmatively furthers fair housing. ;
9. Must track all program income earned during the grant term. All program income shall be
retained by the recipient, and added to funds committed to the project by HUD and the �
recipient,used for eligible activities in accordance with HUD regulations. Lxample: Security
deposits returned may be used for future security deposits and rental assistance. Rents
collected from program participants are program income. �
10. Assist in the development of program implementation,administrative policies and procedures.
11. Ensure all regulatory and funding requirements are met.
12. All records pertaining to Continuum of Care funds must be retained for five(5)years after the
expenditure of all funds from the grant, Copies made by micro-filming, photocopying,or similar
meYhods may be substituted for the original reco'rds.
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General Terms:
This agreement shall become effective on the date of signatures by both parties and shall remain in �
effect throughout the administration of the CoC SNAP Phoenix Housing project. The fiscal year for each �
grant will begin effective July 7.and will continue through June 30. This agreement will be automatically
renewed with the same terms and conditions annually as HUD approves each renewal grant. The
parties agree that this agreement shall automatically renew each year unless either party provides a i
ninety (90)day written notice prior to the end of the current fiscal year. The parties agree that if the �
funding for this program is discontinued,the agreement shall terminate automatically, The parties i
agree should grant funding for the CoC SNAP Phoenix Housing Project not be sufficient to fully cover ;
annual program costs related to rent,utilities and security deposits, ECDC will not be held liable for the �
program shortfall. Funding shortfall wfll be the responsibility of the City of Dubuque funded first ;
through supplemental grants from third party partners and then by the City. �
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Executed this � day of � 2019. I
City of Dubuque East Central Development Corporation ,
Housing&Community Development 7600 Commerce Park
350 West 6th Street,Suite 312 Dubuque IA 52002 .
Dubuque IA 52001
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Alexis Steger Kelley H. Deutmeyer
Printed Name Printed Name '
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Signed Name Signed Name �
Director Executive Director
Title Titfe
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TMemo oFUnderstanding FY 2�20 CoC SNAP Page 6