Community Development Block Grant (CDBG) Subrecipient Agreement-Mt. Pleasant Home ADA Bathroom Copyrighted
September 18, 2023
City of Dubuque Action Items # 06.
City Council Meeting
ITEM TITLE: Community Development Block Grant (CDBG) SubrecipientAgreement-
Mt. Pleasant Home ADA Bathroom
SUM MARY: City Manger recommending City Council approve the attached CDBG
SubrecipientAgreement to assist Mt. Pleasant Home to remodel an
existing bathroom to be ADA-compliant with a project budget of$18,000
and authorize the Mayor to execute the agreement on behalf of the City.
RESOLUTION Authorizing Execution of CDBG Subrecipient
Agreement with Mt. Pleasant Home
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
CDBG Agreement Mt. Pleasant Home- Memo Staff Memo
CDBG Agreement Mt. Pleasant Home- Resolution Resolutions
CDBG SubrecipientAgreement Mt. Pleasant Home- Supporting Documentation
signed
Dubuque
THE CITY QF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: CDBG Subrecipient Agreement — Mt. Pleasant Home, ADA Men's
Bathroom
DATE: September 13, 2023
Housing & Community Development Director Alexis Steger is recommending City
Council approve the attached CDBG Subrecipient Agreement to assist Mt. Pleasant
Home to remodel an existing bathroom to be ADA-compliant with a project budget of
$18,000 and authorize the Mayor to execute the agreement on behalf of the City.
On Wednesday, July 19, Mt. Pleasant Home requested to the Community
Development Advisory Commission (CDAC) $14,000 of CDBG funds to assist with the
remodel of an existing men's bathroom to be ADA-compliant. CDAC approved
additional funding, totaling $18,000. The $18,000 will be funded in CDBG's Annual
Action Plan FY24 Amendment#1 using reallocated dollars.
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
Mary Bridget Corken-Deutsch, Community Development Specialist
Dubuque
THE CITY OF �
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TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing and Community Development Director
SUBJECT: CDBG Subrecipient Agreement — Mt. Pleasant Home, ADA Men's
Bathroom
DATE: September 11, 2023
Introduction
The attached memorandum transmits the subrecipient agreement for CDBG funds to
assist Mt. Pleasant Home to remodel an existing bathroom to be ADA-compliant.
Background
On Wednesday, July 19, Mt. Pleasant Home requested to the Community
Development Advisory Commission (CDAC) $14,000 of CDBG funds to assist with the
remodel of an existing men's bathroom to be ADA-compliant. CDAC approved
additional funding, totaling $18,000. The $18,000 will be funded in CDBG's Annual
Action Plan FY24 Amendment #1 using reallocated dollars.
Discussion
Mt. Pleasant Home is requesting CDBG funding to assist with construction costs to
remodel a bathroom from 1939 to bring it into compliance with ADA code while at the
same time improving functionality and appearance. Remodeling includes minor demo
of the current bathroom, replacing flooring, updating electrical and plumbing, installing a
wheel-in shower that is large enough to fit an aid for ADA assistance and creating
accessible bathroom stalls and lavatory updates. Mt. Pleasant Home has 34 residents
and at least 51% meet the low and moderate income CDBG definition.
The Mt. Pleasant Home ADA Bathroom project meets the National Objective of
Low/Mod-Income Housing, and the Eligible Activity of 14B — Rehab; Multi-Unit
Residential. The project budget for this agreement is $18,000.
Recommendation
I respectfully request the City Council approve the attached CDBG Subrecipient
Agreement with Mt. Pleasant Home and authorize the Mayor to execute the agreement
on behalf of the City.
Prepared by: Mary Bridget Corken-Deutsch, Community Development Specialist
RESOLUTION NO. 320-23
RESOLUTION AUTHORIZING EXECUTION OF CDBG SUBRECIPIENT AGREEMENT
WITH DUBUQUE COMMUNITY SCHOOLS
Whereas, Dubuque Community Schools prepared a request to improve the quality
of a public facility at 555 Nevada Street, Lincoln Elementary School, utilizing Community
Development Block Grant funds; and
Whereas, the City Council approved the CDBG Fiscal Year 2024/Program Year
2023 Amendment #1 budget that included a budget for Lincoln Wellness Project to
accommodate this request; and
Whereas, a Categorically Excluded Subject to Review with 24 CFR Part 58.5
Environmental Review has been completed, and no compliance or consultation with
regulatory authorities were found to be required; therefore, converting the project to
exempt; and
Whereas, all services provided will be to a minimum of 51% low moderate-income
area, meeting the CDBG National Objective of Low/Mod-Income Housing benefit, and
eligible activity of 03F: Parks, Recreational Facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1 . That the subrecipient agreement with Dubuque Community Schools
beginning no sooner than September 18, 2023 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 18th day of September 2023.
Brad M.Cavan,a h, Mayor
Att st
crrocc_e_....
Trish L. Gleason, Assistant City Clerk
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE
AND
MOUNT PLEASANT HOME
THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of
Dubuque (nerein cailed the "City") and Mount Pleasant Home (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-23-MC-19-0004 which was awarded to the
City on 2/27/2023 for the purpose of remodeling an existing bathroom to be ADA-
compliant to meet CDBG's National Objective of service a Low to Mod-income Housing
Benefit, and the Eligible Activity is 14B:Rehab Multi-Unit Residential at 1695 Mount
Pleasant Street, Dubuque, IA 52001; and
WHEREAS, the City wishes to engage Subrecipient to assist the City in utilizing
such CDBG funds to assist Subrecipient with rehabilitation of a multi-family housing
compiex,
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, Developer will agree to rent to low or moderate-income families,
including those with Housing Choice Vouchers; 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 wili be responsible for administering a CDBG Program Year 23
multi-family residential rehabilitation project, 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. NationalObiectives
The Subrecipient will carry out the activities funded under this Agreement that
meet the CDBG program's National Objective of:
� Assisting Iow 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. Proiect 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 $18,000.00.
If indirect costs are charged, the Subrecipient will develop an indirect cost
aliocation plan for determining the appropriate SubrecipienYs share of
administrative costs and shall submit such plan to the City for approval, in a form
specified by the City.
4. Reailocations
The Subrecipient may reallocate up to ten percent (10%) of the total grant
amount received to an eiigible activity cost. Such reallocation will be referred to
as a revision. The Subrecipient must, prior to the drawdown reflecting the
change, contact the City to discuss the reallocation. Any change that results in a
cumulative reallocation of ten percent (10%) or more of the total grant, any
inclusion of a new activity, deietion of an approved activity, any change in the
implementation schedule, or any change in grant terms will require an
amendment and prior City approval per Section E (7) of this Agreement. Such
reallocation will be referred to as an amendment. Requests for revisions or
amendments are due no later than March 31 of the program year. Budget
revisions or amendments requested during the final ninety (90) days of the
agreement period will be approved by the City only if it determines that the
revisions are necessary to complete project activities.
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5. Retainaqe
Five percent (5%) of the total grant amount may be retained from payment untii
such report of audit referenced in Section B (7) of this Agreement, has been
provided to, and accepted by the City. No audit fees will be reimbursed by the
City.
6. Term and Time of Per�ormance
Services of the Subrecipient shall start on September 18, 2023 and end on June
30, 2024. All the required activities and services, except for audit, will be
completed by or before this date. The City may grant extensions at its soie
discretion. Only a valid written Amendment to the Agreement shall aiter this
completion date. The term of this Agreement and the provisions herein shaii be
extended to cover any additional time period during which the Subrecipient
remains in controi of CDBG funds or other assets, including program income.
7. Performance Measures and Monitorina
In compliance with the Department of Housing & Urban DevelopmenYs Outcome
Performance measurement system (24CFR 91.220(e))
The City wiil monitor the performance of the Subrecipient against goals and
required performance standards. 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.
8. On Site Monitorinq
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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 SubrecipienYs 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 operationai documents;
accounting books and records for financial management and documentation of
program costs such as time sheets and mi�eage 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 ail matters covered by this Agreement. The
Subrecipient shall be subject to subseque�t 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 shail 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) Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance;
e) Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program, such as
f) Financial records as required by 24 CFR Part 570.502, and 24 CFR
84.21-28;
g) Other records necessary to document compliance with Subpart K of 24
CFR 570;
h) A list of current board members, calendar of upcoming board meetings
and minutes of alI board meetings; and
i} Equity metrics on race, income, and head of household.
2. Retention
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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
evaivation report to HUD in which activities assisted under this agreement are
reported for the final time. Records for non-expendabie property acquired with
funds under this Agreement shall be retained for five (5) years after final
disposition of such property. Properties retained shall continue to meet eligibility
criteria and shail conform with the "reversion of assets" restrictions specified in
Section G of this Agreement. Records for any displaced person must be kept for
five (5) years after he/she has received final payment. 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, the� 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 wili be kept
on file and maintained at the SubrecipienYs main business o�ce as public
records. The minutes and board member list shali be available for the pubiic to
view during the SubrecipienYs normal working hours. Copies may be provided
according to the SubrecipienYs policy.
3. Client Data.
Subrecipient shall maintain Client Data demonstrating ciient eligibility for services
provided. Such data shall include, but not be limited to: client name, address,
income level or other basis for determining eligibility, and description of service
provided, racial and ethnic data and single head-of-household data, and any
other records pertaining to CDBG funds as required by 2 CFR Part 200. In
addition, data will be retained for affordability and income targeting for each
household. Such information shall be made available to City monitors or their
designees for review upon request.
4. Disclosure.
The Subrecipient understands that client information coilected under this contract
is private a�d the use or disclosure of such information, when not directiy
connected with the administration of the city's or SubrecipienYs responsibilities
with respect to services provided under this contract may be prohibited by federal
or state law unless written consent is obtained from such person receiving
service and in the case of a minor, that of a responsible parent/guardian.
5. Reportinq Procedures
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The Subrecipient shall provide progress reports to the City in the form, content,
and frequency as required by the City. The Subrecipient shall provide information
upon request for preparation of the Consolidated Plan, the CAPER, and any
other reports or plans required by the City or HUD.
6. Close-out
The SubrecipienYs obiigation to the City shall not end until all ciose-out
requirements are completed. Activities during this close-out period shail include
but are not limited to: making final payments, disposing of program assets
(inciuding the return of all unused materials, equipment, unspent cash advances,
program income balances, and accounts receivable to the City), and determining
the custodianship of records. Notwithstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the Subrecipient has
control over CDBG funds, including program income.
7. Audits & Insqections
Ail 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 federai
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.
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 fiscai 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. Additionaily, if the agency
meets the thresholds estabiished in 2 CFR Part 200, the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards
Subpart F the audit will be performed as a Single Audit. The subrecipient agrees
to follow any other audit procedures as established by the City. The completed
audit, audited financial statements, schedule of findings, ali 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 SubrecipienYs fiscal year-end. No audit fees will be
reimbursed under this CDBG agreement by the City.
8. PaVment
a. Maximum Amount and Drawdowns
6
it is expressly agreed and understood that the total amount to be paid by the City
under this Agreement shali not exceed the amount stipulated in Section 3 of this
Agreement. Drawdowns for the payment of eligible expenses are reimbursement
only and shall be made against the line item budgets specified in Exhibit C herein
and in accordance with any City poiicy concerning payments.
b. Financial Manaqement Svstem Certification
Payments may be contingent upon certification of the SubrecipienYs 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 requisition a reimbursement of expenses for project costs.
Such reimbursement 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. 2024.
C. PROGRAMINCOME
The Subrecipient shall report all program income (as defined at 24 CFR
570.500(a)) generated by activities carried out with CDBG funds. The
documentation, reporting and use of program income by the Subrecipient shall
comply with the requirements set forth at 24 CFR 570.504 and 2 CFR Part 200
for activities permitted under this agreement. Requests for funds shall be
reduced by the amount of any such program income balances on hand. Any
program income on hand when this Agreement expires, or received after this
AgreemenYs expiration, sha�l, at the City's discretion, be returned to the City or
used by the Subrecipient for eligible activities as identified in an agreement that
becomes effective upon expiration of this Agreement. Any interest earned from
funds held in a revolving fund account is not program income and shall be
remitted to the City which will, in turn, remit it to HUD.
D. UNIFORM ADMINISTRATIVE REQUIREMENTS
1. Accountina Standards
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The Subrecipient agrees to compiy 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 ali 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 appiicable. These principies shall be
applied for all costs incurred.
3. Procurement
The Subrecipient shall have its own procurement poiicies 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. Coqvriqht
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.
E. OTHER PROGRAM REQUIREMENTS
1. Generai 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 and to maintain
all Subrecipient owned property(ies) in compliance with all applicable City Codes.
The Subrecipient further agrees to use funds available under this Agreement to
supplement rather than supplant funds otherwise available.
2. Independent Contractor
8
Nothing contained in this Agreement is intended to, or shalt be construed in any
manner, as creating or establishing the relationship of employer/employee
beiween the parties. The Subrecipient shall at ali 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. Ail 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 ail 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
lowa State Code, Chapter 85.
5. Insurance & Bondinq
The Subrecipient shall carry sufficient insurance coverage to protect contract
assets from loss due to theft, fraud and/or physical damage and as a minimum
shall purchase a blanket fidelity bond covering all employees in an amount equal
to cash advances from the City.
The Subrecipient shall comply with the bonding and insurance requirements of
24 CFR 200 and any applicable state and Iocal requirements for insurance and
bonding. Subrecipient shall meet the strictest standard for bonding and
insurance coverage.
6. Citv Recoqnition
The 5ubrecipient 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 prominentiy labeled as to funding source. In
the event that 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.
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transfer of land acquired, cleared or improved with assistance provided under
this contract, the Subrecipient shall cause or require a covenant running with the
land to be inserted in the deed or Iease for such transfer, prohibiting
discrimination as herein defined, in the sale, lease or rentai, or in the use or
occupancy of such land, or in any improvements erected or to be erected
thereon, providing that the Recipient and the United States are beneficiaries of
and entitled to enforce such covenants. The Subrecipient, in undertaking its
obligation to carry out the program assisted hereunder, agrees to take such
measures as are necessary to enforce such covenant, and will not itseif so
discriminate.
13.Assiqnability
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.
14.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.
15.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.
16.Lobbvinp
The Subrecipient hereby certifies that:
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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 federai Ioan, 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 wili 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.
17. 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 reiigious activities or nepotism activities.
18. Environmental Standards
24 CFR Part 58; 24 CFR 570.604; and Section 104(g) HCD
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.
19.Air Water a�d Solid Waste
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The Subrecipient agrees to comply with the following requirements insofar as
they apply to the performance of this Agreement:
- The Ciean Air Act, 42 U.S.C. 7401, et seq., as amended.
- Federal Water Pollution Control Act, as amended, 33 U.S.G. 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and
information, as weli other requirements specified in said Section 114 and
Section 308, and all regulations and guidelines issued thereunder.
- Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part
50, as amended.
- The Safe Drinking Water Act of 1974 (42 U.S.G. 201, 300 (f) et seq., and 21
U.S.C. 349) as amended;
- 42, U.S.C. 6901 et seq., as amended.
20.Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973,
the Subrecipient shall assure that for activities located in an area identified by the
Federal Emergency Management Agency (FEMA) as having special flood hazards,
flood insurance under the National Flood Insurance Program is obtained and
maintained as a condition of financial assistance for acquisition or construction
purposes, inciuding rehabilitation.
21.Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential
structures with assistance provided under this Agreement shali be subject to HUD
Lead-Based Paint Regulations. Such regulations pertain to ali CDBG-assisted
housing and require that all owners, prospective owners, and tenants of properties
constructed prior to 1978 be properly notified that such properties may include lead-
based paint. Such notification shall point out the hazards of lead-based paint and
explain the symptoms, treatment and precautions that should be taken when dealing
with lead-based paint poisoning and the advisability and availability of blood lead
Ievei screening for children under seven (7). The notice should also point out that if
lead-based paint is found on the property, abatement measures may be undertaken.
The regulations further require that, depending on the amount of federal funds
applied to a property, paint testing, risk assessment, treatment and/or abatement
may be conducted.
22.Historic Preseroation
The Subrecipient agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended and the
procedures set forth by the Advisory Council on Historic Preservation Procedures for
Protection of Historic Properties, insofar as they apply to the performance of this
agreement.
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In general, this requires concurrence from the State Historic Preservation Office for
all rehabilitation end demolition of historic properties that are fifty (50) years old or
older or that are included on a federal, state, or local historic property list.
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. Warnin
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. Withholdinq Pavment
Withholding of funds by the City until the Subrecipient is found to be in
compliance by the City.
c. Grant Adiustment
Adjustment in the payment method or reduction of the grant to the Subrecipient
when there is noncompiiance 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
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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 shali agree upon the termination conditions, inciuding 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 shali promptly repay to the City the fuil
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 wiil 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 wiil 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.
G. REVERSION OF ASSETS
1. Proaram Assets Reversion
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Upon the expiration of this Agreement, the Subrecipient shail transfer to the City
any CDBG funds on hand at the time of expiration and any accounts receivable
attributable to the use of CDBG funds. All program assets (unexpended program
income, property, equipment, etc.) shall revert to the City upon termination of this
Agreement, unless addressed under another agreement as provided in Section
C.
2. Real Propertv Reversion
Any real property under the Subrecipient's control that was acquired or improved
in whole or in part with CDBG funds (including CDBG funds provided to the
Subrecipient in the form of a loan) in excess of $25,000 shall comply with either
of the following:
a. National Obiective Compliance
Used to meet one of the nationai objectives in 24 CFR 570.208 until five
years after expiration of this Agreement, or for such longer period of time as
determined to be appropriate by the City; or
b. National Obiective Noncompliance
Not used in accordance with Section G (2) (a) of this Agreement, in which
event the Subrecipient shall pay to the City an amount equal to the current
market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for the acquisition of, or improvement to,
the property. The payment is program income to the City. (No payment is
required after the period of time specified in Section G (2) (a) of this
Agreement.)
H. MISCELLANEOUS
1. Subrecipient Leqal Authoritv
By using this Agreement, the Subrecipient warrants and represents that it has the
requisite authority and capacity to perform all terrns and conditions on SubrecipienYs
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.
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14. CONTRACTOR WARRANTIES/GUARANTEES Contractors shall
guarantee and warranty the work done pursuant to a CDBG project for a period
of one (1) year. In addition, Contractor shall furnish property owners with all
manufacturers' and suppliers' written guarantees and warranties covering
materials and equipment furnished under the contract.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
day of September 18, 2023.
•
CITY OF DUBUQUE, IOWA, Dubuque Community Schools, Subrecipient
50 W 13th Street 2300 Chaney Rd.
Dubuque, Iowa 52001 Dubuque, IA 52001
Signature Signature
School Board President
Brad M. Cavanagh Kam ri n A . Petlf
Printed Name Printed Name
Mayor School Board President
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LIST OF EXHIBITS
EXHIBIT A STATEMENT OF WORK
EXHIBIT B INCOME GUIDELINES
EXHIBIT A
STATEMENT OF WORK
Mount Pleasant Home will be responsible for the improvement of a multi-unit residentiai
building by:
- Remodeiing an existing bathroom in an existing building to be ADA-compliant
in a muiti-unit residential building. The scope of the work includes:
- Minor demo of the current bathroom
- Replacing flooring
- Updating electrical and piumbing
- Installing a wheel-in shower that is large enough to fit an aid for ADA
assistance.
- Creating accessible bathroom stalls and lavatory updates.
- This contract ensures all work is done incompiiance with plans in Exhibit D.
CDBG Eligibility: This project meets the Nationai Objective of Low/Mod Housing
Benefit, under eligible activity 146: Rehab; Multi-Unit Residential.
EXHIBIT B
INCOME GUIDELINES
CITY OF DUBUQUE, IA
INCOME GUIDELINES FOR
FINANCIAL ASSISTANCE
income Iimits are defined and occasionally revised by the U.S. Department of Housing
and Urban DevelopmenYs estimated median family income.
A low-income person or family has a total income which falis 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°/o 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 Iimits as of June 15, 2023 for the Dubuque Metropolitan Area are
as follows:
Household Below 30% AMI Below 50% Below 80°/a Above 80%
Size AMI AMI AMI
Famil Size 1: <$19,500 <$32,450 <$51,900 >$51,900
Famil Size 2: <$22,250 <$37,050 <$59,300 >$59,300
Famil Size 3: <$25,050 <$41,700 <$66,700 >$66,700
Famil Size 4 <$27,800 <$46,300 <$74,100 >$74,100
Famil Size 5: <$30,050 <$50,050 <$80,050 >$80,050
Famil Size 6: <$32,250 <$53,750 <$86,000 >$86,000
Famil Size 7: <$34,500 <$57,450 <$91,900 >$91,900
Famil Size 8: <$36,700 <$61,150 <$97,850 >$97,850
Income Iimits for CDBG funded programs can be found on the HUD Exchange
https�//www hudexchanqe info/resource(5334/cdbq-income-Iimits/
Organizations required to verify income are encouraged to use the CPD income
Eligibility Calculator at https•//www.hudexchanqe.info/incomecalculator/