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Community Development Block Grant Subrecipient Agreement — Lincoln Outdoor Wellness Project Environmental StudyCity of Dubuque City Council Meeting Consent Items # 14. Copyrighted March 21, 2022 ITEM TITLE: Community Development Block Grant SubrecipientAgreement — Lincoln Outdoor Wellness Project Environmental Survey SUMMARY: City Manager recommending City Council approval of a resolution authorizing the Mayor to execute an agreement on behalf of the city between the City of Dubuque and Dubuque Community School District for a Phase I Intensive Archeological Survey to be conducted as requested by the Iowa State Historic Preservation Office for the purpose of determining if intact artifacts may be disturbed due to proposed construction using Community Development Block Grant (CDBG) funds. RESOLUTION Authorizing the execution of the Lincoln Outdoor Wellness Project Environmental Survey CDBG Subrecipient Agreement SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type CDBG SubrecipientAgreement - Lincoln Outdoor City Manager Memo Wellness Project Environmental Survey-MVM Memo Lincoln Outdoor Wellness Project Env. Survey - Staff Staff Memo Memo Lincoln Outdoor Wellness Project Env. Survey - Resolutions Resolution Lincoln Outdoor Wellness Project Env. Survey - Supporting Documentation Subrecipient Agreement THE C DUj!BQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 SUBJECT: CDBG Subrecipient Agreement —Lincoln Outdoor Wellness Project Environmental Survey DATE: March 14, 2022 Housing and Community Development Director Alexis Steger is recommending City Council approval of a resolution authorizing the Mayor to execute an agreement on behalf of the city between the City of Dubuque and Dubuque Community School District for a Phase I Intensive Archeological Survey to be conducted as requested by the Iowa State Historic Preservation Office for the purpose of determining if intact artifacts may be disturbed due to proposed construction using CDBG funds. This survey is part of the Environmental Review process, and this subrecipient agreement is limited to the expenses incurred for this survey. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis Steger, Housing and Community Development Director Dubuque THE CITY OF All-Amerin City DUB E I nV 2007t2012-2013 Masterpiece on the Mississippi 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing and Community Development Director SUBJECT. CDBG Subrecipient Agreement — Lincoln Outdoor Wellness Project Environmental Survey DATE: March 9, 2022 Introduction This memorandum transmits the agreement between the City of Dubuque and Dubuque Community School District for a Phase I Intensive Archeological Survey to be conducted as requested by the Iowa State Historic Preservation Office for the purpose of determining if intact artifacts may be disturbed due to proposed construction using CDBG funds. This survey is part of the Environmental Review process, and this subrecipient agreement is limited to the expenses incurred for this survey. Background The Dubuque Community School District applied for CDBG funding to assist with the redevelopment of the playground at Lincoln School, which serves as a neighborhood park when school is not in session. This project will improve the greenspace and outdoor amenities on the Lincoln campus to create a more welcoming atmosphere for families and neighbors. The Community Development Advisory Commission (CDAC) members reviewed and approved the School District's application on August 18, 2021. Lincoln School is a PK-5 elementary school located in a low -mod income neighborhood, with 195 of its 268 pupils eligible for free or reduced lunch. This project meets the National Objective of serving a low to mod -income area, and the eligible activity is a public facility improvement (03F: Parks, Recreational Facilities). A full environmental assessment is underway, and the archaeological survey is a necessary component to reaching environmental compliance. An environmental review to account for the costs associated with this survey has been completed in accordance with 24 CFR Part 58. Recommendation I respectfully request the City Council approve the attached CDBG Agreement with the Dubuque Community School District and authorize the Mayor to execute the contract on behalf of the City. Prepared by- Maddy Haverland, Community Development Specialist Prepared by Maddv Haverland. Housing & Community Devel., 350 W. 611 St., Suite 312 Telephone: (563) 690-6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131' St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 86-22 RESOLUTION AUTHORIZING THE EXECUTION OF THE LINCOLN OUTDOOR WELLNESS PROJECT ENVIRONMENTAL SURVEY CDBG SUBRECIPIENT AGREEMENT Whereas, the Dubuque Community School District submitted an application for CDBG funding to redevelop their outdoor playground, greenspace, and amenities; and Whereas, an Environmental Assessment is required to be completed before construction can begin on this project. To reach compliance with Historic Preservation requirements under 36 CFR Part 800, the Iowa State Historic Preservation Office has requested a Phase I Intensive Archaeological Survey to determine concurrence with the proposed project; and Whereas, the City Council adopted the FY22 Budget, which includes Community Development Block Grant funding; and Whereas, the submission has been approved by the Community Development Advisory Commission on August 18th, 2021, and an environmental review has been completed for costs related to this survey in accordance with 24 CFR Part 58; and Whereas, this service will benefit a minimum of 51 % low/moderate income residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Subrecipient Agreement, authorized by the Community Development Advisory Commission beginning March 14, 2022, for the Lincoln Outdoor Wellness Project Environmental Survey be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 21 st day of March 2022. rad M. nagh, Mayor Attest 4%/k ,,r7z 1 &A9&aI Adrienne Breitfelder, City Clerk SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COMMUNITY SCHOOLS THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of Dubuque (herein called the "City") and Dubuque Community Schools (herein called the "Subrecipient"), effective upon the date last signed below. WHEREAS, the City has applied for and received Community Development Block Grant (CDBG) funds from the United States Government through the Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 and has received approval of activities under Federal Award Identifier Number B-21-MC-19-0004 which was awarded to the City on 4/26/2021 for the purpose of carrying out activities to meet CDBG's National Objectives; and WHEREAS, the City wishes to engage Subrecipient to assist the City in utilizing such CDBG funds for planning and administrative activities related to a public facility improvement, WHEREAS, both the City and the Subrecipient desire to make a written agreement with respect to said funds and the implementation of the project to which they pertain; and WHEREAS, both the City and the Subrecipient certify that the activity will meet the CDBG National Objective of benefit to low- and moderate -income persons, NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed as follows: A. STATEMENT OF WORK 1. Activities The Subrecipient will be responsible for administering a CDBG Year 21 Planning and Administrative activity, detailed in Exhibit A, in a manner satisfactory to the City and consistent with any standards required as a condition of providing these funds. The scope of activities to be rendered by the Subrecipient as a condition of receiving funds for the Project/Activity pursuant to this Contract is attached as Exhibit A hereto and made a part of this Contract. 2. National Objectives The Subrecipient will carry out the activities funded under this Agreement that meet the CDBG program's National Objective of: 0 Assisting low and moderate -income persons, said income guidelines found in Exhibit B ❑ Aid in the prevention or elimination of slums or blight ❑ Meet community development needs having a particular urgency, as defined in 24 CFR 570.208. ❑ Other (Explain) 3. Project Budget The City agrees, subject to the terms and conditions of this Agreement, to compensate the Subrecipient for the Statement of Work outlined in Exhibit A, not to exceed $25,000.00. 4. Term and Time of Performance Services of the Subrecipient shall start on March 14, 2022 and end on June 30, 2022. All the required activities and services, except for audit, will be completed by or before this date. The City may grant extensions at its sole discretion. Only a valid written Amendment to the Agreement shall alter this completion date. The term of this Agreement and the provisions herein shall be extended to cover any additional time during which the Subrecipient remains in control of CDBG funds or other assets. 5. Performance Measures and Monitoring by the City of Dubuque In compliance with the Department of Housing & Urban Development's Outcome Performance measurement system (24CFR 91.220(e)) The City will monitor the performance of the Subrecipient against goals and required performance standards. The City will make every effort to advise and assist the subrecipient in complying with all laws, regulations, and performance measures within this agreement. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period after being notified by the City, agreement suspension or termination procedures will be initiated. 6. On Site Monitorina by the Citv of Dubuaue 2 The Subrecipient shall be subject to site visits, desktop monitoring, or other methods of monitoring as deemed necessary by personnel of the City, or a designee of the City or duly authorized officials of federal government, for the purpose of monitoring the Subrecipient's delivery of services and compliance with terms of the agreement and federal standards that pertain to federally funded grant activities. Review may include but are not limited to: agency and program policies, procedures, standards, handbooks and operational documents; accounting books and records for financial management and documentation of program costs such as time sheets and mileage logs; verification records of the persons to participate or benefit from grant funded activities; documentation of report data and other program progress; and records demonstrating procurement procedures and property management. The reviewers will have access to and the right to examine, audit, duplicate, excerpt and/or transcribe any of the Subrecipient's records pertaining to all matters covered by this Agreement. The Subrecipient shall be subject to subsequent site visits to review correction of any deficiencies. B. RECORDS AND REPORTS 1. Maintenance The Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 and by the City that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Records required to determine the eligibility of activities, individuals, or households; d) Financial records as required by 2 CFR Part 200; e) Other records necessary to document compliance with Subpart K of 24 CFR 570; f) A list of current board members, calendar of upcoming board meetings and minutes of all board meetings. 2. Retention 3 The Subrecipient agrees to keep the records required by this Agreement. The Subrecipient shall retain all records for a period of five (5) years. The retention period begins on the date of submission of the City's annual performance and evaluation report to HUD in which activities assisted under this agreement are reported for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five (5) year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five (5) year period, whichever occurs later. The list of current board members and minutes of all board meetings will be kept on file and maintained at the Subrecipient's main business office as public records. The minutes and board member list shall be available for the public to view during the Subrecipient's normal working hours. Copies may be provided according to the Subrecipient's policy. 3. Reporting Procedures The Subrecipient shall provide progress reports to the City in the form, content, and frequency as required by the City. The subrecipient shall provide additional project information upon request for preparation of the Consolidated Plan, the CAPER, and any other reports or plans required by the City or HUD. 4. Close-out The Subrecipient's obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out period shall include but are not limited to: making final payments, and accounts receivable to the City), and determining the custodianship of records. 5. Audits & Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the City, its designees or the federal government, at any time during normal business hours, as often as the City or federal government deems necessary to audit, examine, and duplicate or make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within timeframe stipulated by the City. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. rd The Subrecipient hereby agrees to have an annual agency audit conducted by a certified accountant according to Generally Accepted Government Auditing Standards. Agencies that had total expenses less than $150,000 on the audit for the most recently audited fiscal year and had no deficiencies or findings on that audit or subsequent monitoring visits may be eligible to submit an audit every other year subject to written approval from the City. The subrecipient agrees to follow any other audit procedures as established by the City. The completed audit, audited financial statements, schedule of findings, all related reports, the management letter from the auditor to the Subrecipient, and the Subrecipient's response(s) to the auditor (if required by the audit) must be provided to the City within six (6) months of the Subrecipient's fiscal year-end. No audit fees will be reimbursed under this CDBG agreement by the City. 6. Payment a. Maximum Amount and Drawdowns It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not exceed the amount stipulated in Section A(3) of this Agreement. Drawdowns for the payment of eligible expenses are reimbursement only. b. Financial Management System Certification Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The entire amount of allowable grant expenses (including those to be paid with program income) shall be supported by source documentation (e.g., invoices, time sheets, receipts, etc.). The City reserves the right to request any additional documentation, as it deems necessary. c. Reimbursement Schedule The Subrecipient may request a reimbursement of expenses. Such requests must include proof of payment of the requested expense. Request for salary reimbursement must be within 30 days from end of pay period. Other requests dated within 60 days from date of service/purchase will be accepted. Final request must be submitted by June 15, 2022. C. UNIFORM ADMINISTRATIVE REQUIREMENTS 1. Accounting Standards 5 The Subrecipient agrees to comply with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and agrees to adhere to the accounting principles and procedures required therein, use adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as applicable. These principles shall be applied for all costs incurred. 3. Procurement The Subrecipient shall have its own procurement policies and procedures. Said policies shall meet the requirements of 2 CFR Part 200 Subpart D Procurement Standards. The Subrecipient shall follow Management Standards as modified by 24 CFR 570.502(b) (3) (vi), covering use and disposition of property. 4. Copyright If this Agreement results in any copyrightable material or inventions, the City and/or federal government reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work or materials for government purposes. D. OTHER PROGRAM REQUIREMENTS 1. General Compliance The Subrecipient agrees to comply with the requirements of 24 CFR 570. The Subrecipient also agrees to comply with all other applicable federal, state and local laws, regulations, and policies governing its operations and the funds provided under this Agreement. The Subrecipient agrees to remain current on all applicable taxes, assessments, and other governmental charges The Subrecipient further agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. 2. Independent Contractor I Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. Except for the benefits and stipulated amounts indicated under this Agreement, the City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the Subrecipient is an independent contractor. The Subrecipient shall be responsible for hiring all program personnel. All such personnel shall be considered to be employees of the Subrecipient. 3. Hold Harmless and Indemnification The Subrecipient, its agents and any assignees shall agree to hold harmless and indemnify the City and its agents, officials and employees against all suits, claims, damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors or omissions of the Subrecipient. 4. Worker's Compensation The Subrecipient shall provide Worker's Compensation Insurance coverage per Iowa State Code, Chapter 85. 5. Insurance & Bonding The Subrecipient shall comply with the bonding and insurance requirements of 2 CFR 200 and any applicable state and local requirements for insurance and bonding. 6. City Recognition The Subrecipient shall insure recognition of the role of the City in providing services through this Agreement. All activities, facilities, and items used pursuant to this Agreement shall be prominently labeled as to funding source. If a program funded through CDBG is described in literature, newspaper articles, TV reports and other public medium, the Subrecipient must give credit to the City and the CDBG program. 7. Amendments 7 The City or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are executed in writing and signed by a duly authorized representative of both organizations. The deadline for amendments in any program year is March 31, unless extended at the sole discretion of the City in extraordinary circumstances. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. The City may amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendment results in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both City and Subrecipient. 8. Federal, State, and Local Law Applicability By virtue of the federal funding provided for under this agreement, the parties hereto shall be bound by and adhere to all applicable federal, state, and local laws, rules, policies, orders and directions, including by way of specification but not limited to the following: - Title VI of the Civil Rights Act of 1964, as amended; - Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended; - Section 109 of Title I of the Housing and Community Development Act of 1974, as amended; - Section 504 of the Rehabilitation Act of 1973, - The Americans with Disabilities Act of 1990, as amended; - Section 3 of the Housing & Community Development Act of 1968 (12 U.S.C. 1701 u); - The Age Discrimination Act of 1975, as amended; - Executive Order 11246 (as amended by Executive Orders 11375 and 12086) — Equal Opportunity Under HUD contracts and HUD -assisted construction Contracts; - Age Discrimination in Employment Act of 1967, as amended. - Chapter 216 of the Iowa Civil Rights Act of 1965, as amended - The Equal Pay Act of 1963, as amended. - The Civil Rights Act of 1991, as amended - Iowa Civil Rights Act of 1965, as amended; - Dubuque Civil Rights Ordinance, City of Dubuque Code of Ordinances, Title 8, and. - Others as applicable kN and shall include compliance with these provisions in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subcontractors. 9. Nondiscrimination No person shall be excluded from or denied the benefits of Subrecipient's service or programs or be denied employment on the basis of race, color, religion, creed, sex, sexual orientation, gender identity, national origin, ancestry, age, mental or physical disability, marital status or familial status. The Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination and state that it is an Equal Opportunity or Affirmative Action employer. 10. W/MBE The Subrecipient will use its best efforts to afford minority — and women -owned business enterprises (at least fifty-one (51) percent owned and controlled by minority group member or women) the maximum practicable opportunity to participate in the performance of this Agreement. 11.Assignability The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the City thereto; provided, however, that claims for money due or to become due from to the subrecipient from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. No real property acquired, improved or otherwise invested in with CDBG funds, including loan portfolios attributable to the use of CDBG funds, may be assigned, transferred or sold without the prior written consent of the City thereto. 12. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 and 2 CFR Part 200 with respect to conflicts of interest. Requests for exceptions, as permitted by federal regulations, must be made in the manner prescribed by the City. 13. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 9 14. Lobbying The Subrecipient hereby certifies that: a. No federal funds appropriated under this agreement have been paid or will be paid, by or on behalf of it, 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; b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; c. It will require that the language of paragraph (d) 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; d. 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.C. 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 such failure. 15. Restrictions The Subrecipient is prohibited from using CDBG funds or personnel employed in the administration of the program for political purposes, or to engage in other partisan political activities, sectarian, or religious activities or nepotism activities. 16. Environmental Standards 24 CFR Part 58; 24 CFR 570.604-1 and Section 104(g) HCD 10 The Subrecipient agrees to comply with the policies of the National Environmental Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation, risk to health or safety or other undesirable and unintended consequences. F. REMEDIES FOR NON-COMPLIANCE AND TERMINATION 1. Remedies for Noncompliance If the City at any time determines the Subrecipient materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein, the City may use any or all of the remedies allowed under 2 CFR Part 200.338 and 200.339 to ensure compliance. The City may also impose additional specific award conditions as needed at any time to ensure compliance in accordance with 2 CFR Part 200.207. Possible remedies include: a. Warning Issuance of a written warning citing the violation that has occurred, and a deadline when the violation must be remedied if it is still occurring. b. Withholding Payment Withholding of funds by the City until the Subrecipient is found to be in compliance by the City. c. Grant Adjustment Adjustment in the payment method or reduction of the grant to the Subrecipient when there is noncompliance and the violation cited has not been remedied as specified. d. Reimbursement Reimbursement by the Subrecipient with non-CDBG funds for CDBG funds which have not been spent in accordance with this Agreement. e. Termination Termination of funds in whole or in part by the City if the Subrecipient materially fails to comply with any term or condition of this Agreement or with any of the rules, regulations or provisions referred to herein, or for cause as allowed in 2 CFR Part 200.339. In the event of termination of this award, in accordance with 2 CFR Part 200.340(c), the information required under the Federal Funding Accountability and Transparency Act (FFATA) must be provided to the Federal Web site established to fulfill the requirements of FFATA, and update or notification must be provided to any other relevant governmentwide systems or entities of any indications of poor performance as required by 41 U.S.C. 417b and 31 U.S.C. 3321 and implementing guidance at 2 CFR Part 77. Additionally, the requirements for Suspension and Debarment at 2 CFR Part 180 may apply. f. Nonparticipation Prohibition of the Subrecipient from future participation in the CDBG program if the Subrecipient has not complied with the action administered by the City. g. Termination for Convenience This Agreement may be terminated in whole or in part by either party upon providing the other party a written, ninety (90) day notice, in which case the City and Subrecipient shall agree upon the termination conditions, including the effective date, the disposition of agreement amounts, and in the case of partial termination the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, and the award is terminated in its entirety, Subrecipient shall promptly repay to the City the full grant amount or that portion of the amount which has been disbursed to Subrecipient prior to such termination. h. Termination due to Loss of Funds This Agreement will terminate in full or in part, at the discretion of the City, in the event the City suffers a loss of funding or termination of the federal funds which permits it to fund this grant. In the event the City suffers such a loss of funding, the City will give the Subrecipient as much written notice as possible which will set forth the effective date of full or partial termination, or if a change in funding is required, setting forth the change in funding and the changes in approved budget. H. MISCELLANEOUS 12 1. Subrecipient Legal Authority By using this Agreement, the Subrecipient warrants and represents that it has the requisite authority and capacity to perform all terms and conditions on Subrecipient's part to be performed hereunder. 2. Waiver a. No conditions or provisions of this Agreement can be waived unless approved by the City in writing. b. The City's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon breach will not constitute a waiver of any rights under this Agreement. 3. Designation of Officials City designates the City Manager or the City Manager's designee as its authorized representative with respect to the work to be performed under this Agreement including, but not limited to, the ability to execute any changes in the terms, conditions, or amounts specified in this Agreement. The Board President of the Subrecipient or designee is the official authorized to execute any changes in the terms, conditions or amounts specified in this Agreement. 4. Code of Conduct The City expects that Subrecipients and any subcontractors of Subrecipients to demonstrate courtesy, consideration and promptness in dealing with the public, program participants, the City, and other governmental agencies. 5. Agreement Coverage This instrument along with any Exhibits and the grant application contain the entire agreement between the parties. Any statements, inducements or promises not contained will not be binding upon the parties. This Agreement will be binding upon the successors in office of the respective parties. 6. Severability If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. 7. Notice to Proceed 13 The City will issue a Notice to Proceed to the Subrecipient to incur costs relative to the program implementation. All Exhibits are hereby incorporated into this Agreement. 9. Notices Notices required by this Agreement shall be in writing and delivered via mail, commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. City Madeline Haverland Housing & Community Dev. Dept 350 W. 6th Street, Suite 312 Dubuque, IA 52001 Subrecipient School Board President Dubuque Community Schools 2300 Carter Rd. Dubuque, IA 52001 10. Compliance with Laws. Subrecipient shall be responsible for laws at the federal, state, and local level. 11. Governina Law. This Agreement is a contract executed under and to be construed under the laws of the State of Iowa. Any legal action arising out of or related to this Lease shall be brought in a court of competent jurisdiction in Dubuque County, Iowa. 12. Section Headinas and Subheadi The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day of March 21, 2022. CITY OF DUBUQUE, IOWA, Dubuque Community Schools, Subrecipient 50 W 13th Street 2300 Chaney Rd. Dubuque, Iowa 52001 Dubuque, IA 52001 1[! i Brad M, Co,yanogh Printed Name Mayor Signature School School Board President Kathrin A Parks School Board President 15 LIST OF EXHIBITS EXHIBIT A STATEMENT OF WORK EXHIBIT B INCOME GUIDELINES EXHIBIT A STATEMENT OF WORK This contract covers soft costs related to planning and administration for the Lincoln Wellness Project. Activities under this agreement may include: - Under the consultation of the City of Dubuque's Planning Department, procurement of an Archaeological Firm to perform a Phase I Intensive archaeological survey as requested by the State Historic Preservation Office for the purposes of Section 106 Review. All archaeological work should be completed by a Secretary of Interior qualified archaeological consultant and follow the Association of Iowa Archaeologists Guidelines for Archaeological Investigation (2021). The National Objective that is met by these activities is Low -Mod Area Benefit. This project benefits all residents in the neighborhoods surrounding Lincoln School, 555 Nevada St., Dubuque, IA 52001, in which at least 51 % of the residents are LMI persons. EXHIBIT B INCOME GUIDELINES CITY OF DUBUQUE, IA INCOME GUIDELINES FOR FINANCIAL ASSISTANCE Income limits are defined and occasionally revised by the U.S. Department of Housing and Urban Development's estimated median family income. A low-income person or family has a total income which falls between the fifty (50) percent and eighty (80) percent median for the area, adjusted for size. A very low-income person, family, or household has a total income which falls between thirty (30) and fifty (50) percent of the median income, adjusted for size, of the metropolitan area. A 30% median -income person, family or household has a total income which is between 0 and thirty (30) percent of the median income, adjusted for size, of the metropolitan area. The maximum income limits as of June 1, 2021, for the Dubuque Metropolitan Area are as follows: Household Size Below 30% AMI Below 50% AMI Below 80% AMI Above 80% AMI Family Size 1: <$16,600 <$27,600 <$44,150 >$44,150 Family Size 2: <$18,950 <$31,550 <$50,450 >$50,450 Family Size 3: <$21,300 <$35,500 <$56,750 >$56,750 Family Size 4 <$23,650 <$39,400 <$63,050 >$63,050 Family Size 5: <$25,550 <$42,600 <$68,100 >$68,100 Family Size 6: <$27,450 <$45,750 <$73,150 >$73,150 Family Size 7: <$29,350 <$48,900 <$78,200 >$78,200 Family Size 8: <$31,250 <$52,050 <$83,250 >$83,250 Income limits for CDBG funded programs can be found on the HUD Exchange https://www.hudexchange.info/resource/5334/cdbg-income-limits/ Organizations required to verify income are encouraged to use the CPD Income Eligibility Calculator at https://www.hudexchange.info/incomecalculator/