First Amendment to Subrecipient Agreement between the City of Dubuque and Crescent Community Health CenterCity of Dubuque
City Council Meeting
Consent Items # 05.
Copyrighted
October 3, 2022
ITEM TITLE: First Amendment to Subrecipient Agreement between the Cityof
Dubuque and Crescent Community Health Center
SUMMARY: City Manager recommending City Council approve the first amendment
to the Subrecipient Agreement with the Crescent Community Health
Center and authorize the Mayor to execute the amendment on behalf of
the City.
RESOLUTION Authorizing the FirstAmendmentto the Subrecipient
Agreement between the City of Dubuque and Crescent Community
Health Center
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
First Amendment to Subrecipient Agreement with
Crescent Community Health Center for FY23
Purchase of Services Grant-MVM Memo
CCHC Amendment 1 - Staff Memo
CCHC Amendment 1 - Resolution
CCHC Amendment 1 - Signed Amendment
CCHC Original POSG Agreement
City Manager Memo
Staff Memo
Resolutions
Supporting Documentation
Supporting Documentation
THE C
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: First Amendment to Subrecipient Agreement between the City of Dubuque
and Crescent Community Health Center
DATE: September 28, 2022
Housing & Community Development Director Alexis Steger is recommending City
Council approve the first amendment to the Subrecipient Agreement with the Crescent
Community Health Center and authorize the Mayor to execute the amendment on
behalf of the City.
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 & Community Development Director
THE C
Dubuque
DUUB%FE i �"�'cac III �
Masterpiece on the Mississippi .....
To: Michael C. Van Milligen, City Manager
From: Alexis M. Steger, Housing & Community Development Director
Subject: First Amendment to Subrecipient Agreement between the City of Dubuque
and Crescent Community Health Center
Date: September 23, 2022
BACKGROUND
The City of Dubuque entered into a Subrecipient Agreement with the Crescent
Community Health Center on July 1, 2022, for a Purchase of Services Grant. There are
funds remaining in the Purchase of Services Fund that can be allocated to the FY23
Crescent Purchase of Services Grant, which was only partially funded. This
memorandum transmits a resolution to amend the Subrecipient Agreement to reflect
increased allocation.
DISCUSSION
The original Subrecipient Agreement specified the funding amount to be $7,920, based
on the amount of funding available. The amount remaining to be allocated for Purchase
of Services is $2,375. The new total for Crescent's FY23 award is $10,295.00.
This allocation was approved by the Community Development Advisory Commission on
Wednesday, September 21, 2022.
RECOMMENDED ACTION
I recommend the City Council approve the first amendment to the Subrecipient
Agreement with the Crescent Community Health Center and authorize the Mayor to
execute the amendment on behalf of the City.
Prepared by Maddy Haverland Housing & Community Devel 350 W. 611 St Suite 312 Telephone: (563) 690-6072
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13t' St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 312-22
RESOLUTION AUTHORIZING THE FIRST AMENDMENT TO THE SUBRECIPIENT
AGREEMENT BETWEEN THE CITY OF DUBUQUE AND CRESCENT COMMUNITY
HEALTH CENTER
Whereas, the City of Dubuque and Crescent Community Health Center entered
into a CDBG Subrecipient Agreement dated July 1, 2022 with respect to the matters
specified therein for the interior rehabilitation of their facility; and
Whereas, the parties desire to modify the Subrecipient Agreement as set out in
the First Amendment to the Subrecipient Agreement attached hereto; and
Whereas, Crescent Community Health Center applied for and received partial
funding for a Purchase of Services Grant in Fiscal Year 2023, and provides services to
low -moderate income families and individuals in Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the First Amendment to the Subrecipient Agreement be
approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and
directed to execute said Amendment on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 3rd day of October 2022.
Attest Brad M5G_ anagh, Mayor
Adrienne Breitfelder; City Clerk
FIRST AMENDMENT
TO
SUBRECIPEINT AGREEMENT BETWEEN
THE CITY OF DUBUQUE
AND
CRESCENT COMMUNITY HEALTH CENTER
This First Amendment to Subrecipient Agreement, dated for reference purposes the 3rd day of
October 2022, is made and entered into by the City of Dubuque, Iowa, a Responsible Entity
administering Purchase of Services Grants with City of Dubuque General Funds (City), and Crescent
Community Health Center (Subrecipient).
WHEREAS, City and Subrecipient entered into a Subrecipient Agreement dated July 1, 2022 (the
Subrecipient Agreement); and
WHEREAS, City and Subrecipient desire to amend the Subrecipient Agreement as set forth
herein.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL TERMS AND COVENANTS CONTAINED
HEREIN, CITY AND SUBRECIPIENT AGREE AS FOLLOWS:
Section 1. Section 2 of the Subrecipient Agreement is hereby amended to read as follows:
Section 2. Funding
City endeavors to provide funding to Organization to assist in accomplishing Organization's
mission and the goals outlined in this agreement. The amount of funding that City intends to
commit to organization for FY23 is $10,295.00
Section 2. Condition 4 set forth on page 3 is hereby amended to read as follows:
4. Compensation
City shall pay agency $10,295 as compensation for the services provided by Agency, which
payment shall constitute full and complete compensation for such services.
The compensation shall be paid by City to Agency upon receipt by City of a requisition for such
sum from Agency.
Section 3. Except as modified herein, the Subrecipient Agreement shall remain in full force and
effect.
CITY OF DUBUQUE, IOWA CRESCENT COMMUNITY HEALTH CENTER
By By,
BrOA vanagh,Mayor Gary Collins, hi Executive icer
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
CRESCENT COMMUNITY HEALTH CENTER
THIS AGREEMENT, dated for reference purposes the 1st day of July 2022, is made
and entered into by and between the City of Dubuque, Iowa (City) and Crescent Community
Health Center (Agency).
WHEREAS, City desires to engage the service of a Community Health Program to
advance healthcare access and services to Black/African American community residents; and
WHEREAS, Agency is willing to provide such services to City upon the terms and
conditions set forth herein.
Section 1. Term.
The term of this Agreement shall be from July 1, 2022 through June 30, 2023 (Term).
Section 2. Funding.
City endeavors to provide funding to Organization to assist in accomplishing Organization's
mission and the goals outlined in this Agreement. The amount of funding that City intends to
commit to organization for FY23 is $7,920 consistent with the terms set forth above.
Section 3. Audit and Evaluation.
3.1 Because the funds provided to Organization by City are public funds, Organization will
maintain books of account in accordance with generally accepted accounting standards together
with necessary documentation to support all expenditures.
3.2 Organization will retain all financial records, reporting documents, and all other records
pertinent to the City of Dubuque Housing and Community Development Department for three (3)
calendar years after the end of the term of this Agreement. Organization must submit annual
financial statements to City.
3.3 Organization agrees that its funding request application and applicant assurances are
incorporated by reference into this Agreement.
Section 4. Equity and Inclusion:
4.1 Organization will support the City's efforts to be a viable, livable, and equitable community
and to advance equity and inclusion. The City will provide opportunities to demonstrate this
support by inviting the designated representative of the Organization to participate in the
following professional development opportunities and supporting activities;
A. Inclusive Dubuque's Best Practices in Diversity Equity and Inclusion
Workshop Series.
B. Inclusive Dubuque's peer learning opportunities and strategic efforts.
C. City's intercultural and equity workshops, including workshops focused on
developing an intercultural team with a strategic plan for advancing equity and
inclusion within the Organization and its work.
D. Assistance with final report at end of grant cycle that demonstrate ways in
which the Organization's efforts advance equity and inclusion, including data
on participation in programs that is disaggregated by race and any other
demographics the Organization has prioritized.
E. Access to the City's equity toolkit.
4.2 Organization will designate a representative to participate in the Community Development
Block Grant Consolidated Plan implementation activities as needed when adequate advanced
notice is provided. Upon execution of this Agreement, Organization will provide contact details
for this representative.
Section 5. Anti -Discrimination.
5.1 Organization will not discriminate against any employee or applicant for employment
because of race, creed, color, sex, age, national origin, religion, sexual orientation, or
disability. Organization will take affirmative action to ensure that applicants for employment and
employees are treated without regard to their race, creed, color, sex, age, national origin,
religion, sexual orientation, or disability. Such treatment includes but is not limited to, the
following: employment, promotion, demotion or transfer; rates of pay or other forms of
compensation; and selection for training or apprenticeship.
5.2 Organization will undertake affirmative measures necessary to ensure that no person,
because of race, color, religion, national origin, sex, age, sexual orientation, degree of handicap
or disability, is denied participation in, denied the benefits of, or is discriminated against in any
program or activity funded in whole or in part with any funds given to Organization under the
terms of this Agreement.
Section 6. Conflict of Interest.
No member, officer or employee of City, or its designees or agents, no member of the Dubuque
City Council and no other public official of the City who exercises any function or responsibilities
with respect to the program during such person's tenure, may have any direct or indirect interest
in this Agreement, the proceeds from this Agreement, or work performed in connection with the
program assisted under this Agreement.
Section 7. Assignability. Organization may not assign or transfer any interest in this Agreement
without prior written approval of City.
Section S. Acknowledgement. Organization will acknowledge City's financial support in
appropriate signage, program materials, publicity, advertising activities, websites, and other
online media pertaining to this Agreement and work performed with funds from this
Agreement. Recognition guidelines are located
at: https:llwww.cityofdubuque.org/2805/Funding-Recognition Organization will provide
evidence of such acknowledgement as an addendum to the Final Report,
Section 9. Goals and Priorities. The City Council Goals and Priorities are located
at: http:llwww.cityofdubuque.org/72/Goals-Priorities.
2
NOW THEREFORE, the parties hereto agree as follows:
1. Scope of Service
Agency shall:
a) further the Partnership for a Better Dubuque: Building our Community that is
Viable, Livable, and Equitable;
b) provide a Community Health Program to advance healthcare access and services
to Black/African American community residents;
c) comply with City Council goals and priorities; and
d) support the City's efforts to be a viable, livable, and equitable community, and to
advance equity and inclusion.
2. City Responsibilities
City designates the Community Development Specialist, to act as its representative with
respect to the work to be performed under this Agreement, and such person shall have
authority to transmit instructions, receive information, interpret and define City's policies
and provide decisions in a timely manner pertinent to the work covered by this Agreement
until Agency has been advised in writing by City that such authority has been revoked.
City will provide opportunities to demonstrate this support by inviting the President of the
Board of the Agency and any volunteers working on services covered by this agreement
to participate in the following professional development opportunities and supporting
activities:
a) The opportunity to be active and engaged participants in Inclusive Dubuque peer
learning opportunities and strategic efforts;
b) The.opportunity to attend intercultural and equity workshops offered by the City,
including workshops that focus on developing an intercultural team with a strategic
plan for advancing equity and inclusion within the Agency and through the
Agency's work;
c) Assistance in creating quarterly status reports that demonstrate the ways in which
the Agency's efforts are advancing equity and inclusion; and
d) Access to the City's equity toolkit.
3. Time of Performance
The term of this Agreement shall be from July 1, 2022 through June 30, 2023.
4. Compensation
City shall pay Agency $7,920 as compensation for the services provided by Agency,
which payment shall constitute full and complete compensation for such services.
The compensation shall be paid by City to Agency upon receipt by City of a requisition
for such sum from Agency.
3
5. Audit and Evaluation
Inasmuch as the funds to be provided to Agency by City are public funds, the Agency
agrees that it will maintain books of account in accordance with Generally Accepted
Accounting Standards together with necessary documentation to support all
expenditures. The records of Agency, including payroll accounts and other records of
disbursements and receipts, and other records relating to the performance of the activities
herein specified, shall be made available for inspection by City or any Certified Public
Accountant acting on its behalf, in order to ascertain performance of Agency under this
Agreement. Agency agrees to retain such records for not less than three (3) years.
6. Reporting and Monitoring
Agency shall comply with the City of Dubuque's Reporting and Monitoring
requirements by using the following link to submit quarterly online reports
detailing Agency activities related to the use of City funds provided to Agency.
The online quarterly reports shall be due on October 15th, January 15tn, April 15tn,
and July 15t". Such reports shall include a performance report on the programs)
supported by City funds and a financial report on the use of City funds.
If Agency has an annual audit performed, Agency shall provide City a copy of the
annual audit report within 60 days of audit completion. The Audit shall be submitted
as either an electronic or paper document to the Community Development
Specialist.
12
7. Discrimination
In carrying out the services under this Agreement, Agency shall not discriminate against
any employee or applicant for employment because of race, creed, color, sex, age,
national origin, religion, sexual orientation, gender identity, or disability. Agency shall take
affirmative action to ensure that applicants for employment are employed and that
employees are treated during employment without regard to race, creed, color, sex, age,
national origin, religion, sexual orientation, gender identity, or disability, Such action shall
include, but not be limited to, the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Agency assures that
all qualified applicants will receive consideration for employment without regard to race,
creed, color, sex, age, national origin, religion, sexual orientation, gender identity or
disability.
Agency agrees and will undertake whatever affirmative measures are necessary so that
no person shall be excluded from participation in, be denied the benefits of, nor be
subjected to discrimination under any program or activities funded in whole or in part with
any of the funds made available to Agency under the terms of this Agreement because
of race, color, creed, religion, sex, national origin, age, sexual orientation, or disability.
8. Termination of Agreement
If, through any cause, Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall thereupon have the right to
terminate this Agreement by giving written notice to Corporation of such and specifying
the effective date thereof not less than thirty days before the effective date of such
termination. If Agency shall fail to cure its default to the satisfaction of City in City's sole
discretion within such thirty -day period, this Agreement shall be deemed terminated at
the end of such thirty -day period without further action of either party.
Upon termination of this Agreement, Agency shall return to City all unexpended funds
and/or any funds utilized for purposes other than stated in the Agreement.
9. Assignability
Agency shall not assign any interest in this Agreement without the prior written approval
of City.
10. Insurance
At the time of execution of this Agreement by Agency, Agency shall provide City copies
of Agency's insurance certificates showing compliance with the insurance requirements
of Insurance Schedule D, included as Attachment A.
5
CITY OF DUBUQUE, IOWA
Brad Kctaiva6agh, Mayor
Witness:
Adrienne Breitfelder, City'Clerk
CRESCENT COMMUNITY HEALTH CENTER
Gary Colliotxxecutive Directo
, y zo 2-
ATTACHMENT A
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J
shall furnish a signed certificate of Insurance to the City of Dubuque, Iowa for
the coverage required in Exhibit I prior to commencing work and at the end of the project if the
term of work is longer than 60 days_ Contractors presenting annual certificates shall present a
certificate at the end of each project with the final billing. Each certificate shall be prepared on
the most current ACCRD form approved by the Iowa Department of Insurance or an equivalent
approved by the ❑irector of Finance and Budget. Each certificate shall include a statement under
Description of 0peraIIon5 as to why the certificate was Issued. Eg: Project # �or project
Location at or construction of _
2. All policies of insurance required hereunder shall be with an insurer authorized to do Business
Iowa and all Insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
S. Each certificate shall be famished to the Finance Department of the City of Dubuque.
4_ Failure to provide coverage required by this Insurance Schedule shag not be deemed a waiver of
these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance
shall be considered a material breach of this agreement-
5- Contractors shall require all subconsultants and sub-nubconsultants to obtain and maintain during
the performance of York insurance for the coverages described in this Insurance Schedule and
shall obtain certificates of insurances from at such sub -cc nsuItants and sub-suboons uIlants.
Contractors agree that they shall be liable for the failure of a subconsultant and sub -
subccrisultant to obtain and maintain such coverages. The Cily may request a copy of such
certificates from the Contractor.
6. All required endorsements shall be attached to cerlificate of insurance.
7. Whenever a specific 180 form is listed. required the current edition of the form must be used. or
an equivalent form may be substltuled if approved by the Director of Finance and Budget and
subject to the contractor Identifying and Ilsting in writing all deviations and exclusions from the
ISO form.
S. Contractors shall be required to carry the minimum cove ragetlIrnits, or greater if required by law
or other legal agreement, In Exhibit 1. If the contractor's limits of liability are higher than the
required minimum limits then the provider's limits shall be this agreement's required limits.
S. Contractor shall be responsible for deductibles and sell -insured retention for payment orall policy
premiums and other cost associated with the insurance policies required below.
1D. All certificates of insurance must include agents name. phone number, and email address.
11, The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements. required by this Schedule at any time.
12. The City of Dubuque reserves the right to modify these requirements, Including limits, based on
changes in the risk or other special circumstances dunng the term or the agreement, subject to
mutual agreement of the parties.
City or Duhuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
Genbral Aggregale UnrFt $2-000,0{10
Products -Completed OperationsAggregate Limit $T,ODO,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,0DO,O00
Fire Damage Limit (any one occurrence) 550,000
Medical Payments 35,000
s 1 Coverage shall be written on an occurrence, not claims made. form. The general
liability ccvoraga shall be written in accord with ISO form CG 00 01 or business
owners form SP 00 02 Al devletion9 from this standard ISO Commercial ganefaI
liability fcrm CG 00 01. or business owners form BP OD 02, shall be clearly
Identdled.
2) Include endorsement indicating that coverage is jwirnary and non•contnbutory.
3) Include Preservation of Governmental Immunities Endorsement_ (Sornple
attached).
41 Include additional insured endorsement for.
The City of Dubuque, including afI Its Elected and appointed officials, all its
employees and vaIunleers, all its boards. commissions andror authorhras and
their board mernbers. employees and voluMee rs. Use ISO form CG 20 26,
51 Policy share Include Waiver of Right to Recover front Mars endorsement.
B) AUTOMOBILE LIABILITY
Combined Sipple Limit S1_000.000
Coverage shall include a I I ovwned, non -owned. and hired vehicles. If the Contractors
business does not ou;n any vehicles, coverage is required on non -awned and hired
vehicles.
11 Policy shall Include Waiver of Pug ht to Recover from Others endorsement.
C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits Covenng ail employees injured on the job by accidunt or disease as
Prescribed by Iowa Code Chapter B5.
Coverage A Statutory —State of Iowa
Coverage 13 Employers LwWity
Each Accideni $W0,04D
Each Employee -Decease $100.0w
Policy Limit-Discase S5DD,DDD
Policy shall include Warren of Right to Recover from Others endorsement_
Caverago B limits shall be greater if required by the umemltalexcaess Insurer
OR
Page 2 of 4 Schedule J Professional Services Septembee 2D20
0
City of Dubuque lrmuraince Requironmerrts .for Professional 5arvlcas
IN OF NCE SCHEDULE 4 (continued)
if, by Iowa Code Sectlon lIS tA; the -Contractor €s not required to ourchase.Wotkere
�ompepsratlon Insurance, thin iCantractor shall have a copy of thin Saati6 s Nonofection a[
Workers' Compensation or Ctnptoyors' Liability Coverage form on file with the Iowa
Workers' Compensation Insurance Commisslo.ner, as required by Iowa Coale Section
87.2.2. Completed form must be attached, -
I)) U@+ BRELLNE LESS LfABIL17'Y $1,OOD,OM
Tlt�s General Llaabllity; AutomObRe Liability and Workers Corn nsatlan Insurance
I r3quiroments:hiay be satisfied with a combination crf primary and Umbrella or f xss
thatiility lflsurani If the Umbneliaor[xcess Insurance poRcydoes not Follow the soma of
iN0 Isrlmarp pall�ies. It shall
Include the same endorserneitts as'requlred of ffie primary
policies Inetudirl Waiver of Subrogation rind Primary and Non-contributory ire favor of lho
CIty„
El PROPEO$10 dAL LIABILITY . $1,010,000
It the ►agUire' d pvl�ay pfovides ulaErM-mada. MV01-age:
t) The Relroacthle Onto crust. be shown and must bin before the datre.ol dho
Wooment.
.2} Insurance must be maintained and evidence of Insurance must.be provided for at
(bast 6a. (5) years after complettisn of the work or service's,
3} If epvorage is canceled or non-rersixvedand not ivpfacod'Wrah anotherclaims-
rrrade policy form will a Retroactive gate prior to the date of the agreement, the
costa ctor rnust'provide "extended roporttng'.coverago:for a minimum of five (S)
yr0ars after. ro.m let€ort of tort work or.services:
F) CYBER L,IABI IT'yl13RISAC l $1,000,00
. . YOG No
Coverage for first and Third Patty flab€lily including but not limited to test data and
restoraWh, toss of income and. cyber breiach of information.
Purge 3.or 4 S.chodule.,t PrObssional Services September 2020
City of Dubuque Insurance Requiremonts for Professional Services
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
3. Non waiver of Goya rnar eiitai Imfit unity. The insurer expressly agrees and states that the purchase
of this policy and the including of site CIly of Dubuquo, Iowa as an Additional Insufed does not waive any
of the defenses of governmental immunity availabe to tha City of Dubuque, low undef Code of Iowa
Section 670-4 as it is now exists and as R may be amended From time to time.
2. C1alm9 Cv ra . The insurer further agrees that this policy of insurance shall cover only those
claims not sul3ect to the defense of governmental Imrnunrty under the Code of Iowa Section 670.A as it
now exists and as it may be amended from ume to time. Those claims not subject to Cade of Iowa
Section 670,A shall he covered by the terms anti conditions of this Insurance policy.
3. Assertion of Govemrnent ImmunilV. The City of Dubuque, Iowa shall bo responsible for assefung
any defense of governmental immunity, and may do so at any tune and shall do so upon the timely tvri hen
request of the insurer.
4. Non-Denia_t_of Coverage_ The insurer shaU not deny cbvefagO under this policy and the insurer
shall not deny arty of the rights and benefts awruing to the City of Dubuque, Iawa under this policy for
reasons of aovemntenial immunity unless and untlI a coun of compdteni Jurisdiction has ruled in favor of
fho defense[a1, of governmental Irnmun}ty asserted by the Cny of Dubuquo. Iowa.
No 0ther Chanoe in Pdlcv. The above preservaton of governmental immun]has shall not otherwise
cliaiuj+-3 or alter the coverage avadabie under the policy_
SPECIMEN
{DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Pays 4 of 4 Schedule J Professional Services September 2020
10