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Notice of Award and Request to Execute Grant Agreement for Volunteer DBQ 2023City of Dubuque City Council Meeting Consent Items # 07. Copyrighted January 17, 2023 ITEM TITLE: Notice of Award and Request to Execute Grant Agreement for Volunteer DBQ 2023 SUMMARY: City Manager providing information on the award of Volunteer DBQ 2023 and requesting City Council approval to execute the grant agreement that will be sent virtually to the City Manager by Volunteer Iowa. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Grant Agreement Supporting Documentation THE C Dubuque DUjIBQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 zai7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Notice of Award and Request to Execute Grant Agreement for Volunteer DBQ 2023 DATE: January 12, 2023 Leisure Services Manager Marie Ware providing information on the award of Volunteer DBQ 2023 and requesting City Council approval to execute the grant agreement that will be sent virtually to City Manager Mike Van Milligen by Volunteer Iowa. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Marie Ware, Leisure Services Manager Heather Satterly, Community Impact Director THE CITY OF Dubuque D��rkt GIC} Taste icce on the Mississippi20 -2013 � 12019 �01� 1717* TO: Michael C. Van Milligen, City Manager FROM: Marie Ware, Leisure Services Manager SUBJECT: Notice of Award and Request to Execute Grant Agreement for Volunteer DBQ 2023 DATE: 1 /10/2023 INTRODUCTION The purpose of this memorandum is to provide information on the award of Volunteer DBQ 2023 and to request approval to execute the grant agreement that will be sent virtually to City Manager Mike Van Milligen by Volunteer Iowa. DISCUSSION In November 2020, the City of Dubuque AmeriCorps Program submitted an application for a Volunteer Generation Fund grant. The city was selected and awarded the grant in January 2021. In November 2022, Volunteer Iowa opened the continuation grant for current awardees for 2023 funding. The program has submitted the continuation grant proposal. Volunteer Generation Fund (VGF) grant funds support development and strengthening of the volunteer infrastructure in Iowa through Volunteer Centers. All organizations funded under this grant support the following functions of a Volunteer Center external to their own organization: a) connect people with opportunities to volunteer and serve; b) increase capacity for organizations to engage volunteers in meaningful service; c) promote volunteering; and, d) develop internally and/or support partners in developing local programming/ projects designed to utilize volunteerism as a solution to community problems. In the grant submission, it was determined that the VGF grant could help the city build a framework for civil fine and fee diversion through community service as part of the Equitable Fines and Fee Reform, and also benefit the City of Dubuque's efforts to engage low-income and communities of color in volunteering. Studies have shown that low-income and communities of color are less likely to participate in structured volunteer services. On December 19, 2022, Council approved our request to apply for Volunteer DBQ 2023. The application had been submitted electronically prior to the Council approval. On 12/16/2022, Leisure Services was notified of the award. The details of the award are below. Awarded Amount: $29,799.00 Match Required: Yes Match Amount: $30,131.00 Anticipated Receipt of money: 1/1/2023 Department Contact: Heather Satterly Departments Involved: Leisure Services GRANT OBJECTIVE The grants intended goal is to help Dubuque's efforts to create a robust, service - focused volunteer cohort that is representative of our citizens. The grant application focuses heavily on encouraging community members of diverse backgrounds to volunteer in many ways, while also identifying the volunteering needs in Dubuque, and helping these organizations create equitable practices in engaging diverse volunteers and retaining these volunteer's services. COUNCIL GOAL(S) ADDRESSED Comprehensive Plan: Economic Prosperity Outcome(s) Workforce retention/recruitment and skills challenges to maintain strong employment growth and occupational diversity Value(s) #xOA; Comprehensive Plan: Social and Cultural Vibrancy Outcome(s) Promote healthy lifestyles Value(s) #xOA; Council Goal: Partnership for a Better Dubuque: Building our Community that is Viable, Livable and Equitable Outcome(s) Become an inclusive and welcoming community for all Have non-profit institutions, private businesses and educational institutions contributing toward implementation of the Imagine Dubuque plan Have opportunities for residents for upward mobility and empowerment across all demographics Value(s) Access to wealth and social capacity — financial, spiritual, social, etc. More ownership of "end" products — residents involved in the process and support outcomes Sense of community pride and commitment to the Dubuque community ACTION STEP The purpose of this memorandum is to provide information on the award of Volunteer DBQ 2023 and request execution of the grant agreement. CC: Crenna Brumwell, City Attorney Jennifer Larson, Director of Budget and Finance Nathan Kelleher, Budget/Finance Analyst Heather Satterly, Community Impact Director IOWA COMMISSION ON VOLUNTEER SERVICE VOLUNTEER GENERATION FUND GRANT AGREEMENT BETWEEN IOWA COMMISSION ON VOLUNTEER SERVICE 1963 Bell Ave, Suite 200 GRANT NUMBER:23-VGF-12 Des Moines, Iowa 50315 (hereinafter "Volunteer Iowa") EFFECTIVE DATE: January 1, 2023 AND City of Dubuque 2200 Bunker Hill Rd Dubuque, IA 52001 EIN:42-6004596 (hereinafter "Fiscal Agent") In consideration of the promises and mutual covenants and agreements contained herein, the Parties agree as follows: GRANTEE / FISCAL AGENT. "Grantee" and "Fiscal Agent" means the entities identified in the Volunteer Generation Fund Continuation application as found in the Grantee's account in IowaGrants.gov. For purposes of this AGREEMENT the Grantee and Fiscal Agent are the same entity and the terms are interchangeable. The Fiscal Agent shall ensure the minimum match requirements described in Article 8 of this Agreement are met. The Grantee shall have the operational responsibility of the Project. The Grantee and Fiscal Agent shall cooperate with each other to ensure all conditions of the Agreement are met. The Grantee and Fiscal Agent, its employees, agents and any subcontractors performing under this Agreement are not employees or agents of the State or any agency, division or department of the State simply by virtue of work performed pursuant to this Agreement. Neither the Grantee or Fiscal Agent nor its employees shall be considered employees of Volunteer Iowa or the State for federal or state tax purposes simply by virtue of work performed pursuant to this Agreement. GRANT PROJECT. "Project" means the activities and other obligations as defined in 42 U.S. Code § 12653p (c)(2) to be performed or accomplished by the Grantee as described in this Agreement, the award letter, and described in activities are found in the line items in the Grantee's "Grant Application" in IowaGrants.gov account and have specific performance targets. The Grantee shall be responsible for securing the local matching funds. The Fiscal Agent shall ensure the minimum match requirements described in Article 8 of this Agreement are met. The Grantee shall have the operational responsibility of the Project. The Grantee and Fiscal Agent shall cooperate with each other to ensure all conditions of the Agreement are met. GRANT PERIOD. The term of the grant shall be from the Effective Date: 1/1/2023 to the Completion Date: 12/31 /2023. 4. PRIOR EXPENSES. No expenditures made prior to the Effective Date may be included as Project costs for the purpose of this Grant Agreement. UTILIZATION OF CONSULTANT(S). If consultant(s) are to be hired in association with the Project, the Grantee, in cooperation with the Fiscal Agent, is responsible for recruiting, selecting, and contracting (e.g. terms and conditions, scope of work, payment) with consultant(s). Prior to entering into subawards or contracts for activities funded by the award, but not identified or included in the approved application and/or award, Volunteer Iowa must be notified and provide approval. CONDITIONS TO DISBURSEMENT OF FUNDS. Unless and until the Grantee has submitted a Financial Management Survey which has been approved by Volunteer Iowa, Volunteer Iowa shall be under no obligation to disburse to the Grantee any amounts under the Grant Agreement. TOTAL PAYMENT. Total payment of funds under this agreement is not to exceed $29,799.00 hereinafter "Award Amount," for costs directly attributed to the Project as shown in Attachment A, unless modified by written amendment of this Agreement. All payments under this Agreement are subject to receipt by Volunteer Iowa of sufficient funds for this activity. Any termination, reduction or delay of funds to Volunteer Iowa shall, at the option of Volunteer Iowa, result in the termination, reduction or delay of funds paid. MATCH REQUIREMENTS. The Fiscal Agent shall ensure the accurate documentation of matching funds. The Grantee shall secure the matching funds in the following amount: at least 50.28% of the total budget amount. Funds or expenses used to fulfill the match requirements must be allowable costs under this Agreement. In no event may any expenditure be made for: 1) alcoholic beverages, including beer, wine or liquor, 2) any expenditures made prior to the Effective Date, 3) activities scheduled to occur after the grant end date, or 4) any Contract #23-VGF-12 City of Dubuque funds expended for an unlawful reason constitute an eligible match requirement. Grantees shall refer to OMB Cost Principles 2 CFR Part 200, Subpart E for additional requirements related to allowable kinds and sources of match and match documentation requirements. Grantees utilizing match funds from other Federal sources must have consent from the other Federal source allowing the use of the funds as match under this Grant. Grantees shall report the amount and sources of federal funds, other than those provided by CNCS, used to carry out its Program. This includes other federal funds expended by Program Subrecipients and operating sites. This information shall be reported on the Federal Financial Report (FFR). Grantees are expected to meet the budgeted match amount of the Grantee share for each reporting period, unless otherwise agreed upon by Volunteer Iowa. If a Program fails to meet the matching requirements, Volunteer Iowa will notify the Grantee in writing of the situation and request that the costs be brought into alignment with the budgeted federal and match percentages within one reporting period. If there is an on -going issue related to match, Volunteer Iowa may notify the Financial Representative, Program Representative and/or the Authorized Representative of the Grantee agency. Volunteer Iowa may suspend payment of reimbursement request(s) until the situation is corrected. REPAYMENT OBLIGATION. In the event that any funds are deferred and/or disallowed as a result of any audits or expended in violation of this Agreement or the laws applicable to the expenditure of such funds, the Fiscal Agent shall be liable to Volunteer Iowa for the full amount of any claim disallowed and for all related penalties incurred. If Volunteer Iowa determines at any time, whether through monitoring, audit, closeout procedures or by other means that the Fiscal Agent has received grant funds or requested reimbursement for costs which are unallowable under the terms of this Agreement or applicable laws, the Fiscal Agent will be notified of the questioned costs and given an opportunity to justify questioned costs prior to Volunteer Iowa's final determination of the disallowance of costs. If it is Volunteer Iowa's final determination that costs previously paid by Volunteer Iowa are unallowable under the terms of the Agreement, the expenditures will be disallowed and the Fiscal Agent shall immediately repay to Volunteer Iowa any and all disallowed costs. In no event shall costs incurred before the Effective Date nor any expenditures for alcoholic beverages, including wine, beer or liquor, nor any funds expended for any unlawful reason be allowable costs under this Agreement. 10. REPORTING REQUIREMENTS. The Grantee shall submit the following reports to Volunteer Iowa: ITEM NO. OF COPIES DATE DUE Payment Request Form/GAX in iowagrants.gov 25th of each month (or on quarterly Claim dates provided in VGF Program Director Manual, if approved) Federal Financial Report (FFR) in iowagrants.gov July 25, 2023 and February 28, 2024 Final Federal Financial Report in iowagrants.gov Within 60 days of termination of grant agreement Performance Measures Reporting in iowagrants.gov April 15, 2023 July 15, 2023 October 15, 2023 January 15, 2024 Final Annual Report in iowagrants.gov Within 60 days of expiration or termination of grant agreement 11. PAYMENT PROCEDURES. All disbursements of proceeds shall be subject to receipt by Volunteer Iowa of requests for reimbursement submitted by the Grantee. Requests for reimbursement shall be in form and content acceptable to Volunteer Iowa. Each requisition shall be submitted to Volunteer Iowa according to the schedule shown in Article 10. Programs are required to report all income generated in excess of that which is used to meet the grantee share of expenditures on the FFR to Volunteer Iowa according to the schedule shown in Article 10. Federal funds cannot be drawn to support the Program until Program -generated funds (program income) have been fully expended. 12. PUBLICATIONS. The Grantee will include "AmeriCorps Volunteer Generation Fund" on all public materials related to this project. This applies to both printed and on-line materials, such as: brochures, newsletters, websites, business cards, presentation slides, posters, Facebook pages, twitter accounts, etc. In addition, as appropriate, grantees should include reference to the fact that the AmeriCorps Volunteer Generation Fund grant funding is provided through Volunteer Iowa. Contract #23-VGF-12 City of Dubuque 13. DEFAULT. The occurrence of any one or more of the following events shall constitute cause for Volunteer Iowa to declare the Grantee and Fiscal Agent in default of its obligations under this Agreement: a) Material Misrepresentation. If at any time any representation, warranty or statement made or furnished to Volunteer Iowa by, or on behalf of, the Grantee in connection with this Grant Agreement or to induce Volunteer Iowa to make a grant to the Grantee shall be determined by Volunteer Iowa to be incorrect, false, misleading or erroneous in any material respect when made or furnished and shall not have been remedied to the Volunteer Iowa's satisfaction within thirty (30) days after written notice by Volunteer Iowa is given to the Grantee. b) Lack of Progress/Failure to Meet Program Requirements. If there is a failure of the Grantee to make substantial and timely progress toward performance of the Program or when the Grantee has failed to comply with the Agreement, award conditions or standards. Full program requirements are outlined in the Agreement and supporting materials. Some key areas of program requirements are meeting Performance Measure targets, responsiveness to Volunteer Iowa communication on compliance issues, timely correction of compliance issues, timely and accurate program and financial reporting. c) Noncompliance. If there is a failure by the Grantee to comply with any of the covenants, terms or conditions contained in this Agreement. d) Program Incompletion. If the Program, in the sole judgment of Volunteer Iowa, is not completed on or before the Completion Date. e) Misspending. If the Grantee expends Grant proceeds for purposes not described in the application, this Agreement, or as authorized by Volunteer Iowa. Prior to issuing a formal notice of default for any of the events identified under Article 13, Volunteer Iowa may, on reasonable notice to the Grantee, take action to compel the Grantee to complete corrective action as required by Volunteer Iowa. Volunteer Iowa shall have the final authority to assess whether the Grantee is making adequate progress on their performance measures and other program goals and requirements. Volunteer Iowa may require underperforming Grantees to submit Corrective Action Plans designed to increase the Program's performance. Volunteer Iowa reserves the right to monitor and measure the achievement of program performance at any time during or after the Completion Date. Corrective action may involve the following: a) Suspend Payments. Volunteer Iowa may suspend the Agreement and withhold future payments under the Agreement until the program is brought into compliance or develops a corrective action plan and timeline designed to bring the program into compliance that is approved by Volunteer Iowa. Volunteer Iowa may allow such necessary and proper costs which the Grantee could not reasonably avoid during the period of suspension provided that Volunteer Iowa concludes that such costs meet the requirements of the federal regulations. b) Partial Repayment. Volunteer Iowa may require partial repayment of Grant proceeds which allows partial credit for the performance targets or programmatic goals which have been met. c) Other Remedies. Volunteer Iowa may require other remedies following the parties' unsuccessful good faith attempt to resolve any event of default giving rise to Volunteer Iowa seeking to exercise the enforcement of this clause. Volunteer Iowa shall issue a written notice of default providing therein a fifteen (15) day period in which the Grantee and Fiscal Agent shall have an opportunity to cure, provided that cure is possible and feasible. 14. TERMINATION. This Agreement may be terminated in the following circumstances: a) by either party, without cause, after thirty (30) days' written notice; b) immediately, as a result of the Grantee or Fiscal Agent's default under this Agreement and failure to cure within the time period provided; c) immediately, as a result of the termination or reduction of funding to Volunteer Iowa or the deauthorization of Volunteer Iowa to engage in activities or conduct business under this Agreement; or d) immediately upon written mutual agreement by all parties to terminate the Agreement. 15. REMEDY UPON TERMINATION. In the event of termination of this Agreement or reduction of the Agreement amount, the exclusive, sole and complete remedy of the Grantee and Fiscal Agent shall be payment for Project costs expended prior to termination. 16. ASSIGNMENT AND DELEGATION. The Grantee or Fiscal Agent may not assign, transfer or convey in whole or in part this Agreement without the prior written consent of Volunteer Iowa. For the purpose of construing this clause, a transfer of a controlling interest in the Grantee or Fiscal Agent shall be considered an assignment. The Grantee or Fiscal Agent may not delegate any of its obligations or duties under this Agreement without the prior written consent of Volunteer Iowa. 17. AMENDMENT. (a) Writing Required. The Grant Agreement may only be amended through written prior approval of Volunteer Iowa through IowaGrants.gov. Examples of situations where amendments are required include extensions for completion of Project activities, changes to the Project including, but not limited to, alteration of Contract #23-VGF-12 City of Dubuque existing approved activities or inclusion of new activities. (b) Unilateral Modification. Notwithstanding paragraph "a" above, the Volunteer Iowa may unilaterally modify the Contract at will in order to accommodate any change in the Edward M. Kennedy Serve America Act or any change in the interpretation of the Act or any applicable Federal, State or local laws, regulations, rules or policies. A copy of such unilateral modification will be given to the Recipient as an amendment to this Contract. An amendment will be denied if it substantially alters the circumstances under which the Project funding was originally approved or if it does not meet requirements set forth in 261 Iowa Administrative Code. Cumulative transfers among currently budgeted direct cost categories which are less than 10% of the total approved budget, if the federal award is at least $100,000, do not require a budget modification. 18. COMPLIANCE WITH LAWS AND REGULATIONS; DECLARATION OF THE GRANTEE AND FISCAL AGENT. The source of funding for the Grant is a grant from the Corporation for National Service for the Volunteer Generation Fund Program, CFDA Number 94.021. The Grantee and Fiscal Agent shall comply with all applicable federal, state and local laws, rules, ordinances, regulations and orders. The Grantee shall comply with the provisions of the Edward M. Kennedy Serve America Act, the Corporation's regulations (42 U.S.C. S.12501 ET seq.), Volunteer Generation Fund Grant General & Specific Terms and Conditions, and all other applicable laws and regulations. The Grantee and Fiscal Agent declares that it has complied with all federal, state, and local laws regarding business permits and licenses that may be required to carry out the work to be performed under this Agreement. The Grantee is responsible for ensuring adequate general liability coverage for the organization, employees and volunteers, including coverage of volunteers engaged in on- and off -site project activities. In order to comply with Volunteer Iowa's National Service Criminal History Check (NSCHC) Policy, Grantee staff (as identified) are required to comply with the Corporation for National and Community Service's Criminal History Check Rule. The requirement applies to Volunteer Generation Fund (VGF) Grantee staff who are considered "covered" under the NSCHC definitions. All Grantee staff that are covered individuals under the requirements of the Rule will have their background checks completed by Volunteer Iowa before their first day of work. For the purposes of this check, the Grantee will complete necessary forms and follow instructions provided by Volunteer Iowa to complete the check. This includes a National Sex Offender Registry check, an Iowa based state criminal history check, and a FBI fingerprint based check. If the prospective employee resides in another state at the time of application, a state criminal records check from the state of residence is also required. Volunteer Iowa will be responsible for initiating, completing and considering all checks. All checks will be retained confidentially in the Volunteer Iowa files. Only Grantee staff who have met NSCHC requirements will be eligible to attribute time to the VGF grant (federal share or match). The CNCS background check requirements do not apply to individuals who do not appear in the VGF budget (federal share or match) or to contractors/consultants. 19. COMPLIANCE WITH EEO/AA PROVISIONS. The Grantee and Fiscal Agent shall comply with the provisions of federal, state and local laws, rules and executive orders to ensure that no employee or applicant for employment is discriminated against because of race, religion, color, age, sex, sexual orientation, gender identity, national origin, or disability. A breach of this provision shall be considered a material breach of this Agreement. 20. INDEMNIFICATION AGAINST LOSS OR DAMAGE. The Grantee and Fiscal Agent agrees to indemnify and hold harmless the State and its officers, appointed and elected officials, board and commission members, employees, volunteers and agents (collectively the "Indemnified Parties"), from any and all costs, expenses, losses, claims, damages, liabilities, settlements and judgments (including, without limitation, the reasonable value of the time spent by the Attorney General's Office, and the costs, expenses and attorneys' fees of other counsel retained by the Indemnified Parties directly or indirectly related to, resulting from, or arising out of this Agreement, including but not limited to any claims related to, resulting from, or arising out of: any breach of this Agreement; any negligent, intentional or wrongful act or omission of the Grantee or Fiscal Agent or any agent or subcontractor utilized or employed by the Grantee or Fiscal Agent; the Grantee or Fiscal Agent's performance or attempted performance of this Agreement, including any agent or subcontractor utilized or employed by the Grantee or Fiscal Agent; any failure by the Grantee or Fiscal Agent to make all reports, payments and withholdings required by federal and state law with respect to social security, employee income and other taxes, fees or costs required by the Grantee or Fiscal Agent to conduct business in the State of Iowa; or any violation of any rights of any third party. The Grantee and Fiscal Agent's duties and obligations under this section shall survive the termination of this Agreement and shall apply to all acts or omissions taken or made in connection with the performance of this Agreement regardless of the date any potential claim is made or discovered by Volunteer Iowa or any other Indemnified Party. 21. RIGHT TO REVIEW AND OBSERVE; ACCESS TO RECORDS. Volunteer Iowa shall have the right to review and observe, at any time, completed work or work in progress related to the Agreement. The Grantee and Fiscal Agent shall permit Volunteer Iowa or its agents to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, reports, papers and records of the Grantee and Fiscal Agent relating to orders, invoices, or payments or any other documentation or materials pertaining to this Agreement. Upon the request of Contract #23-VGF-12 City of Dubuque Volunteer Iowa, the Grantee and Fiscal Agent shall deliver to Volunteer Iowa or its agents said documentation or materials. 22. PUBLIC RECORDS; RECORDS RETENTION. All records submitted to or inspected by Volunteer Iowa regarding this Agreement, including this Agreement, shall be public records and subject to the Open Records Law in Iowa Code chapter 22. All records of the Grantee and Fiscal Agent relating to this Agreement shall be retained for a period of three (3) years following the submission date of Volunteer Iowa's final FFR covering the grant. A chart detailing disposition dates of past grants can be found in the VGF Program Director Manual and on the Volunteer Iowa website. In addition to financial records and supporting documentation, this includes statistical records, evaluation and program performance data, and personnel records and any other records needed to document compliance with federal requirements and to justify costs and matching share. 23. AUDITS. Grantees expending $750,000 or more in federal awards in their fiscal year must have these funds audited in accordance with 2 CFR Chapter I, and Chapter II. In an annual agency -wide audit, the audit and accompanying management letter (or other accompanying documents) shall be submitted to Volunteer Iowa within 30 days after the completion of the audit, unless a longer period is agreed to by both parties. At a minimum, the report must show revenues by source: state and local; and expenses by category; administrative costs and enrollee costs. Grantees expending less than $750,000 in federal awards in a year are exempt from any federal audit requirements for that year, but shall comply with audit requirements prescribed by state or local law. Grantees that have an audit or financial review performed that is inclusive of a grant period(s) covered by this agreement must submit a copy of the audit or review to Volunteer Iowa within 30 days after completion. Volunteer Iowa may engage the Auditor of State in conducting a review or audit at any time. If such an engagement occurs, the Grantee must cooperate with the process and provide records and files to enable the Auditor of State to conduct a thorough review. 24. SURVIVAL OF AGREEMENT. If any portion of this Agreement is held to be invalid or unenforceable, the remainder shall be valid and enforceable. 25. GOVERNING LAW. This Agreement shall be interpreted in accordance with the law of the State of Iowa, and any action relating to the Agreement shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern District of Iowa. 26. FINAL AUTHORITY. The decision of Volunteer Iowa shall be binding on the Grantee and Fiscal Agent. Volunteer Iowa shall have the final authority to assess whether the Grantee and Fiscal Agent has complied with the terms of this Agreement. 27. INTELLECTUAL PROPERTY; USE OF NAME OR STATE'S INTELLECTUAL PROPERTY. All concepts, tapes, compilations or other work product procured or created by the Grantee and Fiscal Agent or its/their employees or agents for Volunteer Iowa in connection with this Agreement shall be the property of Volunteer Iowa. Volunteer Iowa shall be deemed to be the author of such work product and all rights in the work product including copyrights and other rights, title and interest in such materials. Accordingly, Volunteer Iowa may adapt, change, edit or use these materials in combination with the works of others and may publish the materials. If for any reason Volunteer Iowa is not deemed to be the author and owner of these materials for all purposes then this Agreement shall be considered an irrevocable, perpetual assignment by the Grantee and Fiscal Agent to Volunteer Iowa of all rights it may have in any work product. The Grantee and Fiscal Agent shall take any steps necessary to ensure that persons working on behalf of the Grantee and Fiscal Agent will not have any claim to the work product or the rights in the work product. The Grantee and Fiscal Agent agrees it will not use Volunteer Iowa and/or State's name or any of their intellectual property, including but not limited to, any State, state agency, board or commission trademarks or logos in any manner, including commercial advertising or as a business reference, without the expressed prior written consent of Volunteer Iowa and/or the State, except as otherwise required by Article 12 of this Agreement. 28. COMPLIANCE WITH IOWA CODE CHAPTER 8F. If the Agreement is subject to the provisions of Iowa Code chapter 8F, the Fiscal Agent shall comply with Iowa Code chapter 8F with respect to any subcontracts it enters into pursuant to this Agreement. Any compliance documentation, including but not limited to certifications, received from subcontractors by the Fiscal Agent shall be forwarded to Volunteer Iowa. 29. LEGISLATIVE CHANGES. The Fiscal Agent expressly acknowledges that the Project is subject to legislative change by either the federal or state government. Should either legislative body enact measures which alter the Project, the Fiscal Agent shall not hold Volunteer Iowa liable in any manner for the resulting changes. Volunteer Iowa shall use best efforts to provide thirty (30) days' written notice to the Fiscal Agent of any legislative change. During the thirty (30)-day period, the parties shall meet and make a good faith effort to agree upon changes to the Contract #23-VGF-12 City of Dubuque Agreement to address the legislative change. Nothing in this paragraph shall affect or impair Volunteer Iowa's right to terminate the Agreement pursuant to the termination provisions. The requirements of this paragraph shall apply to the Grantee and Fiscal Agent as well as any of its subcontractors or subrecipients. 30. JOINT AND SEVERAL LIABILITY. If the Grantee or Fiscal Agent is a joint entity, consisting of more than one individual, partnership, corporation or other business organization, all such entities shall be jointly and severally liable for carrying out the activities and obligations of this Agreement, and for any default of activities and obligations. 31. WAIVER. Except as specifically provided for in a waiver signed by duly authorized representatives of Volunteer Iowa, Grantee, and Fiscal Agent, failure by either party at any time to require performance by the other party or to claim a breach of any provision of the Agreement shall not be construed as affecting any subsequent right to require performance or to claim a breach. 32. CONFLICT OF INTEREST. The Fiscal Agent represents, warrants, and covenants that no relationship exists or will exist during the Agreement period between the Fiscal Agent and Volunteer Iowa that is a conflict of interest. The provisions of Iowa Code chapter 68B shall apply to this Agreement. If a conflict of interest is proven to Volunteer Iowa, Volunteer Iowa may terminate this Agreement pursuant to Paragraph 12 of this Agreement, and the Fiscal Agent shall be liable for any excess costs to Volunteer Iowa as a result of the conflict of interest. The Fiscal Agent shall establish safeguards to prevent employees, consultants, or members of governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by the desire for private gain for themselves or others with whom they have family, business, or other ties. The Fiscal Agent shall report any potential, real, or apparent conflict of interest to Volunteer Iowa. The requirements of this paragraph shall apply to the Grantee and Fiscal Agent as well as any of its subcontractors or subrecipients. 33 IMMUNITY FROM LIABILITY. Every person who is a party to the Agreement is hereby notified and agrees that the State, Volunteer Iowa, and all of their employees, agents, successors, and assigns are immune from liability and suit for or from Fiscal Agent's and/or its subrecipients' or subcontractors' activities involving third parties and arising from the Agreement. Pursuant to Iowa Code chapter 669, Volunteer Iowa and the State of Iowa are self - insured against all risks and hazards related to this Agreement. No separate fund has been established to provide self-insurance, and the State of Iowa is not obligated to establish any such fund during the term of this Agreement. 34. HEADINGS OR CAPTIONS. The paragraph headings or captions used in this Agreement are for identification purposes only and do not limit or construe the contents of the paragraphs. 35. DOCUMENTS INCORPORATED BY REFERENCE. The following documents are hereby incorporated by reference: (a) Budget, as found in Grantee's IowaGrants.gov account. (b) Application, as found in Grantee's IowaGrants.gov account. (c) Grant Terms and Conditions, as found at https://dev.americorps.gov/sites/default/files/document/FY2022-General-Terms-Conditions-508- 20211119.pdf and https://americorps.gov/sites/default/files/document/FY2022 VolunteerGenerationFund Program- SpecificTermsandConditions.pdf (d) Edward M. Kennedy Serve America Act, as found at https://www.congress.gov/111/plaws/publ13/PLAW-111 publ13.pdf (e ) Iowa Volunteer Generation Fund Continuation Grant Request for Applications (RFA) (f) CNCS Application Instructions, Certifications on pages 36 through 41, found at https://americorps.gov/sites/default/files/document/2020%20ASN%20Application%20instructions%20FI N AL.508%20%281 %29. pdf 36. ORDER OF PRIORITY. In the event of a conflict between documents, the follow order or priority shall be applied: (a) Articles 1-38 of this Grant Agreement. (b) Application, as found in Grantee's IowaGrants.gov account. (c) Budget, as found in Grantee's IowaGrants.gov account. (d) Grant Provisions. (e) Edward M. Kennedy Serve America Act, as found at https://www.congress.qov/111/plaws/publ13/PLAW-111 publ13.pdf (f ) Iowa Volunteer Generation Fund Continuation Grant Request for Applications (RFA). Contract #23-VGF-12 City of Dubuque 37. INTEGRATION. This Agreement contains the entire understanding between the Grantee, Fiscal Agent, and Volunteer Iowa and any representations that may have been made before or after the signing of this Agreement, which are not contained herein, are nonbinding, void and of no effect. None of the parties has relied on any such prior representation in entering into this Agreement. 38. IOWAGRANTS.GOV. "lowaGrants.gov" means Iowa's Funding Opportunity Search and Grant Management System. This system allows you to electronically apply for and manage grants received by the state of Iowa. Persons accessing the system for this purpose are required to register online at www.IowaGrants.gov. The Volunteer Iowa reserves the right to require the Recipient to utilize the IowaGrants.gov system to conduct business associated with this Contract. 39. PROGRAM NONDISCRIMINATION. Grantee shall comply with the provisions of federal, state and local laws and regulations to ensure that no employee, member or applicant for employment is discriminated against because of race, creed, religion, color, age, sex, gender identity, sexual orientation, national origin, disability, or other protected class. Grantee shall provide state or federal agencies with appropriate reports as required, ensuring compliance with equal employment laws and regulations. Grantee shall ensure that all authorized subcontractors comply with provisions of this clause. A breach of this Article shall be considered a material breach of this Agreement. 40. PROGRAM STAFFING REQUIREMENTS. Proposed staffing outlined in the grant narrative and budget must be in place, with grantee staff hired and NSCHC approval provided by Volunteer Iowa, prior to February 15th. In the event that staffing is not met by this time, grant activities will be paused until which time staff requirements are met. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, effective as of the date stated in Section 3, GRANT PERIOD. FOR FISCAL AGENT: ' / k` 4/ v-, Michael Van Milligen, City Manager FOR VOLUNTEER IOWA: 'h- Adam Lounsbury, Executive Director valunt APPENDIX A. 2023 VOLUNTEER GENERATION I(-1'11WA11 FUND RFA- BUDGET NARRATIVE WORKSHEET You must enter your budget directly in IowaGrants. The purpose of the budget checker is to serve as a tool for you as you work through your budget. The checker is formatted to show errors as a help. Please enter your calculations and budget information for AmeriCorps the Agency VGF share and Grantee share in the cells below. The information included in the Budget Worksheet should be identical to the information you enter in the IowaGrants budget. Cells in RED have an error, see the "Note" for assistance with any errors. A. Personnel Community Impact Administrative Assistant - 1 person at 46067 each x 37% usage $17,050 $17,050 Community Service and Outreach Coordinator - 1 person at 60301 each x 36% usage $21,709 $21,709 $0 $0 $0 $0 $0 $0 $0 $0 Section LA Personnel Total $17,050 $21,709 $38,759 B. Personnel Fringe Benefits Note: If a fringe benefit amount is over 30%, please list covered items separately and justify the high cost. Holidays, leave, and similar vacation benefits are not included in the fringe. Community Impact Administrative Assistant Fringe Benefits: @ 37% of City -sponsored benefits package $7,756 $7,756 Community Service & Outreach Coordinator Fringe Benefits: @ 36% of City -sponsored benefits packag $8,422 $8,422 $0 $0 $0 $0 $0 $0 $0 $0 Section LB Personnel Fringe Benefits Total $7,756 $8,422 $16,178 C. Staff Travel VGF Staff Mileage & Parking for Meetings $500 $500 $0 $0 $0 $0 $0 $0 $0 $0 $0 Section LC Staff Travel Total $500 $0 $500 E. Supplies Note: You must individually list any single item costing $1,000 or more. $0 $0 $0 _ $0 $0 $0 Section LE Supplies Total $0 $0 $0 F. Contracts & Consultants Note: Daily rate must be included in the calculation. $0 $0 Section LF Contracts & Consultants Total G.1 Staff Training MAVA DEI Conference Registration for Coordinator & Assistant (2 staff @ $250 each) MAVA Volunteer Impact Leadership Training Series (2 staff @ $205 each) Section I.G.1 Staff Training Total H. Evaluation Section I.H Evaluation Total I. Other Program Operating Costs Get Connected License for Volunteer DBQ + Security License VolunteerDBQ.org domain license ($100 for annual redirect license) NSCHC Check for Coordinator + Administrative Assistant (2 checks @ $54 each) Section 1.1 Other Program Operating Costs Total Norm Section II: Administrative/Indirect Costs A: Federal Fixed Percentage Method If you are using a State or Federally Approved Indirect Cost Rate, do not enter amounts here, enter in B Corporation Fixed Amount Commission Fixed Amount Section III.A Total B: Federally Approved Indirect Cost Rate Method If you are using the Corporation Fixed Percentage Method, do not enter amounts here, enter in A. Indirect Cost Rate using MTDC Method:' (enter Rate) 40.07% Federal Fixed Amount Commission Fixed Amount Section 111.13 Total (enter totals in eGrants ) $0 $0 $0 $0 $0 $500 $500 $410 $410 $0 $0 $0 $910 $0 $910 $0 $0 $0 $0 $0 $0 $0 $3,000 $3,000 $100 $100 $108 $108 $0 $0 $0 $0 $0 $0 $0 $3,208 $0 $3,208 VGF Share Grantee Share 59,555 $0 $0 $0 $0 $0 $0 $375 $0 $375 $0 $375 Section III Total $375 $0 $375 Budget Total $29,799 $30,131 $59,930 Match Percent 49.72% 50.28% DBQ 2023 VGF agreement Final Audit Report 2023-01-18 Created: 2022-12-19 By: Michelle Raymer (Michelle.Raymer@Volunteerlowa.org) Status: Signed Transaction ID: CBJCHBCAABAApgAMpLDDDuLzh_9O1opLBMwDGIkSrVYm "DBQ 2023 VGF agreement" History Document created by Michelle Raymer (Michelle.Raymer@Volunteerlowa.org) 2022-12-19 - 6:05:33 PM GMT- IP address: 173.18.21.35 Document emailed to City Manager (ctymgr@cityofdubuque.org) for signature 2022-12-19 - 6:05:51 PM GMT Email viewed by City Manager (ctymgr@cityofdubuque.org) 2022-12-19 - 6:25:41 PM GMT- IP address: 207.191.204.147 Email viewed by City Manager (ctymgr@cityofdubuque.org) 2023-01-18 - 6:06:06 PM GMT- IP address: 64.33.158.242 Document e-signed by City Manager (ctymgr@cityofdubuque.org) Signature Date: 2023-01-18 - 6:39:25 PM GMT - Time Source: server- IP address: 64.33.158.242 Document emailed to Adam Lounsbury (adam.lounsbury@volunteeriowa.org) for signature 2023-01-18 - 6:39:26 PM GMT Email viewed by Adam Lounsbury (adam.lounsbury@volunteeriowa.org) 2023-01-18 - 10:27:14 PM GMT- IP address: 173.20.168.245 &Q Document e-signed by Adam Lounsbury (adam.lounsbury@volunteeriowa.org) Signature Date: 2023-01-18 - 10:27:25 PM GMT - Time Source: server- IP address: 173.20.168.245 Q Agreement completed. 2023-01-18 - 10:27:25 PM GMT a Adobe Acrobat Sign