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Consultant Selection for Analysis of Impediments to Fair HousingCity of Dubuque City Council Meeting Consent Items # 012. Copyrighted July 15, 2024 ITEM TITLE: Consultant Selection for Analysis of Impediments to Fair Housing SUMMARY: City Manager recommending City Council approve the selection of MSA as the consultant to conduct an Analysis of Impediments to Fair Housing and authorize the City Manager to sign the Task Order with MSA in the amount of $25,000. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Analysis of Impediments Consultant Selection- Memo Staff Memo MSA Task Order- Analysis of Impediments Supporting Documentation Master Service Agreement with MSA Professional Supporting Documentation Services FY25 Analysis of Impediments RFP 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: Consultant Selection for Analysis of Impediments to Fair Housing DATE: July 10, 2024 Housing & Community Development Director Alexis Steger is recommending City Council approve the selection of MSA as the consultant to conduct an Analysis of Impediments to Fair Housing and authorize the City Manager to sign the Task Order with MSA in the amount of $25,000. 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 Alexis Steger, Housing & Community Development Director Mary Bridget Corken-Deutsch, Community Development Specialist THE CITY DUOF B TEE Masterpiece on the Mississippi To: Michael C. Van Milligen, City Manager From: Alexis M. Steger, Housing & Community Development Director Dubuque All -America City 'I I' �N 2007.2012.2013 2017*2019 Subject: Consultant Selection for Analysis of Impediments to Fair Housing Date: July 8, 2024 INTRODUCTION This memorandum transmits a request for approval of a consultant selection recommended to complete the Analysis of Impediments to Fair Housing. BACKGROUND An Analysis of Impediments to Fair Housing is required to be completed every 5 years in conjunction with the 5 year Community Development Block Grant (CDBG) Consolidated Plan as well as the 5 year Public Housing Authority Plan. The City of Dubuque last completed the Analysis of Impediments to Fair Housing in 2019 prior to the FY2021-2025 Consolidated Plan. Therefore, the city is required to complete an Analysis of Impediments prior to the FY2026-2030 Consolidated Plan. DISCUSSION The Analysis of Impediments to Fair Housing is a report that is culminated through the analysis of census data, local data, and community input. A Request for Proposal was posted twice. Once on the city's website on May 1, 2024 with a closing day of May 31, 2024. No proposals were submitted. The Request for Proposal was posted again on the city's website on June 3 with a closing date of June 21, 2024. MSA Professional Services (MSA) was the sole responder to the second Request for Proposal. The RFP and the recommended Task Order are enclosed. All services shall be performed in accordance with the Master Professional Services Agreement currently in force. The Master Professional Services Agreement is also enclosed. PROJECT SCHEDULE July 15, 2024 City Council awards contract for preparation of the 2026-2030 Analysis of Impediments. October 7, 2024 MSA provides summary of Draft Analysis of Impediments to City staff. October 17, 2024 Public comment period opens for summary of Draft Analysis of Impediments. November 17, 2024 Public comment period closes for summary of Draft Analysis of Impediments. November 20, 2024 City Staff presents summary and Draft Analysis of Impediments to Community Development Advisory Commission (CDAC) including any comments received. CDAC sets public hearing for Final Analysis of Impediments in JanuaryCDAC meeting. November 21, 2024 Public comment period for Final Analysis of Impediments opens. January 3, 2025 Public comment period for Final Analysis of Impediments closes. January 15, 2025 MSA submits Final Analysis of Impediments to City Staff for CDAC. City holds Public Hearing for Final Analysis of Impediments. January 22, 2025 Final Analysis of Impediments is submitted to Housing &Community Development Department Staff BUDGETIMPACT The $25,000 will come from the Activity Code -50-530-6101-00-01-64900 designated for the Analysis of Impediments. REQUESTED ACTION I respectfully request the City Council approve the selection of MSA as the consultant to conduct an Analysis of Impediments to Fair Housing and authorize the City Manager to sign the Task Order with MSA in the amount of $25,000. Prepared by: Mary Bridget Corken-Deutsch, Community Development Specialist 2 Task Order MSA Project Number: R07748001 This AGREEMENT (Agreement) is made effective 07.05.2023 by and between MSA PROFESSIONAL SERVICES, INC (MSA) Address: 400 Ice Harbor Drive, Dubuque, IA 52001 Phone: (563) 582-3973 Representative: Christopher Janson, AICP Email: cjanson@msa-ps.com CITY OF DUBUQUE IA - HOUSING AND COMMUNITY DEVELOPMENT (OWNER) Address: 350 W 6th St #312, Dubuque, IA 52001 Phone: 563.690.6094 Representative: Mary Bridget Corken-Deutsch Email: Mdeutsch@cityofdubuque.org Project Name: Dubuque IA - Impediments to Fair Housing Analysis The scope of the work authorized is: See Attachment A: Scope of Services The schedule to perform the work is: Approximate Start Date: July 2024 Approximate Completion Date: January 2025 The lump sum fee for the work is: $25,000 This authorization for the work described above shall serve as the Agreement between MSA and OWNER. All services shall be performed in accordance with the Master Professional Services Agreement currently in force. Any attachments or exhibits referenced in this Agreement are made part of this Agreement. Payment for these services will be on a lump sum basis. Approval: MSA shall commence work on this project in accordance with your written authorization. This authorization is acknowledged by signature of the authorized representatives of the parties to this Agreement. A copy of this Agreement signed by the authorized representatives shall be returned for our files. CITY OF DUBUQUE IA - HOUSING AND COMMUNITY DEVELOPMENT aAJWfv Mic ael C. Van Milligen City Manager Date: 07/16/2024 MSA PROFESSIONAL SERVICES, INC. Christopher Janson, AICP Senior Team Leader Date: 07•08.2024 ATTACHMENT A: SCOPE OF SERVICES MSA will collaborate with the Housing & Community Development Department in the identification, development, scheduling, and implementation of activities designed to complete the Analysis of Impediments to Fair Housing. ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING MSA will develop an Analysis of Impediments to Fair Housing for the City of Dubuque per the federal Fair Housing Act and Affirmatively Furthering Fair Housing (AFFH) Rule. This study will assess fair housing issues for protected classes using HUD data and local data; identify contributing factors to fair housing issues such as racial segregation; prioritize contributing factors that limit or deny fair housing choice; and set fair housing goals for overcoming these contributing factors. The process for developing and general outline for this report is as follows: I: Summary and Review 1. MSA will complete a summary of current HUD requirements and/or guidelines and a checklist to determine compliance with the applicable regulations. 2. MSA will perform a review of the 2019 Analysis of Impediments completed for the 2021- 2025 Consolidated Planning Process (City is preparing 2026-2030 Consolidated Plan). 3. MSA will work with Staff to record and summarize a list of completed actions taken by City of Dubuque to address identified impediments since 2019. II: Analyzing HUD Provided Maps and Tables 1. HUD provides data through maps and tables that are be available in the User Interface and the AFFH Data and Mapping Tool. MSA will utilize these available maps and provide additional relevant maps for attachment through the AFFH User Interface. 2. MSA will analyze HUD -provided maps showing racially and ethnically concentrated areas of poverty, dot density maps showing the geographic dispersion of different racial and ethnic groups, and thematic maps showing disparities in access to opportunity (such as the location of proficient schools, transportation, lending maps, HCV rental assistance, etc.) across the city. 3. MSA will analyze the HUD -provided tables and local data and incorporate needed analysis into the Assessment. III: Developing Maps and Gathering Local Data MSA will collaborate with City Staff to supplement HUD -provided maps with local data and knowledge; including metrics, statistics, and other quantified information that is relevant to the city's geographic areas of analysis, is accessible and adds value for the Analysis of Impediments. IV: Gathering Local Data — City Facilitated Community Participation Process MSA will consult with staff regarding materials/questions applicable to City facilitated community forums, interviews, meetings and online resources necessary to complete the Analysis of Impediments. V: Gathering Local Data - Staff Expertise MSA will consult directly with City Staff to evaluate public policies that could impact furthering fair housing, including: Reviewing City provided information from housing service organizations to comprehensively understand and characterize current fair housing issues and collect any relevant and necessary information and data to prepare and complete the requested Analysis of Impediments consistent with current HUD regulations, the Fair Housing Planning Guide issued by HUD, or other current regulations or guidance. 2. Analyzing City provided information from housing authorities, agencies and taskforces relevant to completing an Analysis of Impediments consistent with current HUD regulations, the Fair Housing Planning Guide issued by HUD, or other current regulations or guidance. VI: Action Plan 1. MSA will use HUD -provided data, City provided local data, and City provided community knowledge to assess fair housing issues and contributing factors to set fair housing priorities and goals for the City of Dubuque. 2. MSA will provide goals with benchmarks to allow for the measuring of trends and changes over time. 3. MSA will work with City Staff to draft goals that are intended to overcome the fair housing issues for which significant contributing factors have been identified. 4. MSA will utilize the SMART goals recommendations from HUD to develop goals that are intended to overcome the fair housing issues for which significant contributing factors have been identified and work with City Staff in setting goals and priorities based on the findings and data. 5. Each goal developed by MSA will: a. Include an identification of one or more contributing factors describe how the goal relates to overcoming the identified contributing factor(s) and related fair housing issue(s). b. Show the metrics and milestones for deciding what fair housing results will be achieved, including the timeframes for achieving them; and c. Show the responsible party for each goal. VII: Preparing the Draft Analysis of Impediments for Staff Review 1. MSA will send the preliminary draft Analysis of Impediments to City Staff for review and comments. 2. MSA will revise the Analysis of Impediments after reviewing the City Staff comments and send revisions to review. Vill: Preparing Draft and Summary Analysis of Impediments for 30 Day Comment Period 1. After the approval by City Staff, MSA will prepare a summary and draft for public review. IX: Draft Analysis of Impediments Presentation for Public Hearing 1. MSA will collaborate with City Staff and prepare a PowerPoint summarizing the draft Analysis of Impediments for City Staff to present at a public hearing. X: Reviewing Public Comments 1. After review and acceptance of the draft report by the City Staff and Commission at public hearing, the report and supporting data will be released by the City to the public, providing them 30 calendar days to submit their comments. 2. MSA will review, and address comments received by the City through the public comment period and prepare a revised Analysis of Impediments draft in collaboration with City Staff. XI: Submitting Final Analysis of Impediments 1. After the acceptance of the Analysis of Impediments by the City of Dubuque's Commission, the MSA will submit the Analysis of Impediments to City Staff. XII: Revising and Resubmitting the Analysis of Impediments 1. MSA will be available for revision and resubmission of the Final Analysis of Impediments if HUD determines the Analysis of Impediments is inconsistent with fair housing or civil rights requirements or if the Analysis of Impediments is determined by HUD to be substantially incomplete. 2. If HUD deems the revision unacceptable, MSA will repeat the revision and resubmission process until HUD accepts the Analysis of Impediments. SUBMISSION OF THE PLAN 1. MSA will provide monthly progress updates to City Staff as requested and facilitate a monthly check -in meeting online with City Staff. 2. MSA will provide a draft of the Analysis of Impediments report for review and comment prior to submission of the final document. The draft should follow the general outline: i. Cover Sheet ii. Executive Summary iii. Summary of Community Participation Process iv. Analysis of Impediments Past Goals and Actions V. Fair Housing Analysis 1. Demographic Summary 2. General Issues 3. Racially or Ethnically Concentrated Areas of Poverty 4. Disparities in Access to Opportunity 5. Disproportionate Housing Needs 6. Disability and Access Analysis 7. Fair Housing Enforcement, Outreach Capacity, and Resources vi. Fair Housing Impediments and Challenges vii. Fair Housing Action Items: Goals and Priorities 3. At the completion of the project, the MSA will provide the final Analysis of Impediments document as an electronic version in a fully searchable and bookmarked PDF file (not exceeding 5MB) that includes all tables, figures, and maps. 4. The Housing and Community Development staff will: a. Provide data and assessment of prior Analysis of Impediments. b. Provide local data and local knowledge. c. Communicate with stakeholders and facilitate all community meetings (MSA will not plan or attend community, public, or stakeholder meetings). d. Assist in identifying contributing factors, priorities, and development of implementation and approval of goals for fair housing; and e. Review the consultant's data and analyze the findings, recommendations, and the final report. PROPOSED PROJECT SCHEDULE DEADLINE TASKS July 15, 2024 • City Council awards contract for preparation of the 2026-2030 Analysis of Impediments. October 7, 2024 . MSA provides summary of Draft Analysis of Impediments to City staff. October 17, 2024 . Public comment period opens for summary of Draft Analysis of Impediments November 17, 2024 . Public comment period closes for summary of Draft Analysis of Impediments. November 20, 2024 . City Staff presents summary and Draft Analysis of Impediments to Community Development Advisory Commission (CDAC) including any comments received. • CDAC sets public hearing for Final Analysis of Impediments in January CDAC meeting. November 21, 2024 . Public comment period for Final Analysis of Impediments opens. January 3, 2025 . Public comment period for Final Analysis of Impediments closes. January 15, 2025 . MSA submits Final Analysis of Impediments to City Staff for CDAC. • City holds Public Hearing for Final Analysis of • Impediments. January 22, 2025 . Final Analysis of Impediments is submitted to Housing & Community Development Department Staff. Appendix II to Part 200, Title 2 (up to date as of 6/28/2024) Appendix II to Part 200, Title 2 (June 28, 2024) Contract Provisions for Non -Federal Entity Contracts Under Federal Awards pP This content is from the eCFR and is authoritative but unofficial. Title 2 —Grants and Agreements Subtitle A —Office of Management and Budget Guidance for Grants and Agreements Chapter II —Office of Management and Budget Guidance Part 200 —Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Source: 85 FIR 49543, Aug. 13, 2020, unless otherwise noted. Source: 85 FIR 49539, Aug. 13, 2020, unless otherwise noted. Authority: 31 U.S.C. 503 Source: 78 FIR 78608, Dec. 26, 2013, unless otherwise noted. Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non - Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. �B All contracts in excess of $10,000 must address termination for cause and for convenience by the non - Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FIR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 2 CFR Appendix-II-to-Part-200(D) (enhanced display) page 1 of 3 Appendix II to Part 200, Title 2 (up to date as of 6/28/2024) 2 CFR Appendix-II-to-Part-200(E) Contract Provisions for Non -Federal Entity Contracts Under Federal Awards 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement;' the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements;' and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended —Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). H Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (1) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any 2 CFR Appendix-II-to-Part-200(I) (enhanced display) page 2 of 3 Appendix II to Part 200, Title 2 (up to date as of 6/28/2024) Contract Provisions for Non -Federal Entity Contracts Under Federal Awards 2 CFRAppendix-II-to-Part-200(J) other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds ......................... that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. J See § 200.323. (K) See § 200.216. .................. (L) See § 200.322. ................. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 20201 ..................... .....................- ....................... 2 CFR Appendix-II-to-Part-200(L) (enhanced display) page 3 of 3 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension continuation renewal amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) 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, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language 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. 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. Code. 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 each such failure. Signat re of Au orized Certifying Official (example: Company owner) Title 07.08.2024 Applicant Organization (example: Company name) Date Submitted TERMINATION Termination for Cause Termination of contract in whole or in part by the Subrecipient if the Contractor materially fails to comply with any term or condition of this Contract 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 contract, 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. Termination for Convenience This Contract 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 Subrecipient and Contractor shall agree upon the termination conditions, including the effective date, the disposition of contract amounts, and in the case of partial termination the portion to be terminated. However, if, in the case of partial termination, the Subrecipient 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, Contractor shall promptly repay to the Subrecipient the full amount or that portion of the amount which has been disbursed to Contractor prior to such termination. MASTER PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MSA PROFESSIONAL SERVICES, INC. This AGREEMENT ("Agreement") is made as of , 2022 by and between CITY OF DUBUQUE, IOWA (OWNER) and MSA PROFESSIONAL SERVICES, INC. (MSA), which agree as follows: SECTION I -SERVICES TO BE PERFORMED SECTION II - THE OWNER'S RESPONSIBILITIES 1.1 Scope of Services 2.1 MSA shall perform or furnish engineering, architectural, surveying, and planning services, and serve as a resource and liaison, pursuant to Task Orders issued by the OWNER to MSA. 1.2 Authorization of Services 1.2.1 Written task orders shall define the task requested, including the specific scope of services to be performed, the schedule, and the basis for payment (if other than as defined in this Agreement). When requested by the OWNER, MSA shall prepare draft task orders and submit them to the OWNER for review and execution. Each task order shall be executed by the authorized representatives of MSA and the OWNER designated in this Agreement. Each task order shall be deemed to incorporate the terms of this Agreement. 1.2.2 The OWNER's authorized representative may orally authorize MSA to begin furnishing services. Within five (5) business days thereafter, MSA shall submit to the OWNER a written task order, as described immediately above, which shall confirm the oral task order and provide for mutual execution by the parties. Such task order will be deemed executed if not returned with comments within two (2) business days thereafter. 1.3 Limit of Cost for Professional Services Task orders shall not call for professional services whose cost would exceed $50,000. Projects in excess of $50,000 shall be performed by other written contract. 1.4 MSA's Authorized Representative OWNER'S Responsibilities The OWNER, at its expense, shall do the following in a timely manner so as not to delay or hinder MSA in its furnishing of services: 2.1.1 Furnish MSA with reports, studies, site characterizations, regulatory orders, and similar information in its possession relating to each task order. Unless otherwise specified in the task order, MSA may rely upon OWNER -furnished information without independent verification. 2.1.2 Provide all criteria and full information as to OWNER's requirements including objectives and constraints, performance requirements, and budgetary limitations. 2.1.3 Assist MSA by furnishing all available information pertinent to the Task Order project. 2.1.4 Arrange for access to and make all provisions for MSA to enter upon public and private lands as required for MSA to perform its work under the Task Order. 2.1.5 Give prompt written notice to MSA whenever OWNER observes or otherwise becomes aware of any development that affects the scope or time of performance or furnishing of MSA's services, or any defect or nonconformance in MSA's services or in the work of any contractor. I•A9:9 Jake Huck, PE shall act as MSA's representative with respect to the services to be performed or furnished. Said person will have complete authority to transmit instructions, receive information, and interpret and define MSA's policies and decisions with respect to 2 1 7 services. Furnish to MSA data prepared by or services of others, including without limitation exploration and tests of subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site, land surveys, laboratory material tests and other special items together with appropriate professional interpretations of the foregoing. Examine studies, reports, and construction contract documents presented by MSA, and render in writing decisions pertaining thereto. Page 1 of 6 20220621JDL 2.1.8 The OWNER shall be responsible for the accuracy and completeness of furnished data, including, but not limited to, computations, record drawings, and maps furnished by the OWNER. 2.2 OWNER'S Representative The OWNER'S Authorized Representative under this Agreement shall be City Manager, Michael C. Van Milligen, or his designee, or duly appointed successor, who shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to MSA's services under this Agreement. SECTION III - PERIOD OF SERVICES 3.1 Completion of Services The services called for in each task order shall be completed according to a schedule agreed upon by the OWNER and MSA. 3.2 Term of Agreement The initial term of this Agreement shall commence as of the date set forth above, and shall expire on January 3, 2023 and shall thereafter automatically renew itself for successive periods of one year each, unless either party gives written notice of its intention to terminate or amend the Agreement by giving at least thirty (30) days prior written notice to the other party. Attachment A, Rate Schedule, shall be updated January 1 s' on an annual basis. All services shall be performed in accordance with the General Terms and Conditions of MSA, which is attached and made part of this Agreement. Any attachments or exhibits referenced in this Agreement are made part of this Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date first above written. CITY OF DUBUQUE /�Z� k�4 li� - Mic ael C. Van Milligen City Manager Date: 08/09/2022 50 West 13th Street Dubuque, IA 52001 Phone: 563.589.4270 MSA PROFESSIONAL SERVICES, INC. rr — ;9�- -1 Jake Hu , P.E. Regional Public Works Manager Date: 08/12/2022 400 Ice Harbor Drive, Suite 110 Dubuque, IA 52001 Phone: 563.582.3973 20220621JDL Page 2 of 6 ATTACHMENT A: RATE SCHEDULE Special Engineering Services Rates for City Of Dubuque: NONE Standard Rate Schedule CLASSIFICATION LABOR RATE Administrative.............................................................................................. $ 80 — $140/hr. Architects..................................................................................................... $ 65 — $190/hr. Community Development Specialists.......................................................... $125 — $150/hr. Digital Design............................................................................................... $150 — $170/hr. Environmental Scientists/Hydrogeologists................................................... $100 — $150/hr. Geographic Information Systems(GIS)....................................................... $ 80 — $170/hr. Housing Administration................................................................................ $ 80 — $140/hr. Inspectors/Zoning Administrators................................................................ $ 95 — $120/hr. ITSupport.................................................................................................... $150 — $170/hr. Land Surveying............................................................................................ $ 85 — $170/hr. Landscape Designers & Architects.............................................................. $ 85 — $190/hr. Municipal Advisor......................................................................................... $150 — $190/hr. Planners....................................................................................................... $ 90 — $150/hr. Principals..................................................................................................... $170 — $300/hr. Professional Engineers/Designers of Engineering Systems ........................ $130 — $170/hr. Project Managers......................................................................................... $135 — $230/hr. Real Estate Professionals............................................................................ $120 — $130/hr. Staff Engineers............................................................................................ $ 65 — $120/hr. Technicians.................................................................................................. $ 85 — $130/hr. Wastewater Treatment Plant Operator........................................................ $ 75 — $ 90/hr. REIMBURSABLE EXPENSES Copies/Prints...................................................................................... Rate based on volume Specs/Reports........................................................................ $10 Copies..................................................................................... $0.20/page Plots........................................................................................ $0.015/sq.in. FlashDrive.............................................................................. $10 GPSEquipment.................................................................................. $30/hour Laser Level......................................................................................... $10/per day Mailing/UPS........................................................................................ At cost Mileage — Reimbursement.................................................................. IRS Rate — IRS Rate + $5/day Mileage — MSA Vehicle....................................................................... $0.70 mile Nuclear Density Testing...................................................................... $25.00/day + $10/test Organic Vapor Field Meter.................................................................. $100/day PC/CADD Machine............................................................................. Included in labor rates Robotic Survey Equipment................................................................. $40/hour Stakes/Lath/Rods............................................................................... At cost Travel Expenses, Lodging, & Meals ................................................... At cost Traffic Counting Equipment & Data Processing ................................. At cost Geodimeter......................................................................................... $30/hour Drone Flight........................................................................................ $390/flight Labor rates represent an average or range for a particular job classification. These rates are in effect until December 31, 2022. 20220621JDL ATTACHMENT B: GENERAL TERMS AND CONDITIONS MSA PROFESSIONAL SERVICES, INC. (MSA) GENERAL TERMS AND CONDITIONS OF SERVICES (PUBLIC) 1. Scope and Fee. The quoted fees and scope of services constitute the best estimate of the fees and tasks required to perform the services as defined. This agreement upon execution by both parties hereto, can be amended only by written instrument signed by both parties. For those projects involving conceptual or process development service, activities often cannot be fully defined during initial planning. As the project progresses, facts uncovered may reveal a change in direction which may alter the scope. MSA will promptly inform the OWNER in writing of such situations so that changes in this agreement can be made as required. The OWNER agrees to clarify and define project requirements and to provide such legal, accounting and insurance counseling services as may be required for the project 2. Billing. MSA will bill the OWNER monthly with net payment due upon receipt. Past due balances shall be subject to an interest charge at a rate of 12% per year from said thirtieth day. In addition, MSA may, after giving seven days written notice, suspend service under any agreement until the OWNER has paid in full all amounts due for services rendered and expenses incurred, including the interest charge on past due invoices. 3. Costs and Schedules. Costs and schedule commitments shall be subject to change for delays caused by the OWNER's failure to provide specified facilities or information or for delays caused by unpredictable occurrences including, without limitation, fires, floods, riots, strikes, unavailability of labor or materials, delays or defaults, by suppliers of materials or services, process shutdowns, acts of God or the public enemy, or acts of regulations of any governmental agency. Temporary delays of services caused by any of the above which result in additional costs beyond those outlined may require renegotiation of this agreement. 4. Access to Site. Owner shall furnish right -of -entry on the project site for MSA and, if the site is not owned by Owner, warrants that permission has been granted to make planned explorations pursuant to the scope of services. MSA will take reasonable precautions to minimize damage to the site from use of equipment, but has not included costs for restoration of damage that may result and shall not be responsible for such costs. 5. Location of Utilities. MSA shall use reasonable means to identify the location of buried utilities in the areas of subsurface exploration and shall take reasonable precautions to avoid any damage to the utilities noted. However, the OWNER agrees to indemnify and defend Consultant in the event of damage or injury arising from damage to or interference with subsurface structures or utilities which result from inaccuracies in information or instructions which have been furnished to MSA by the OWNER. 6. Professional Representative. MSA intends to serve as the OWNER's professional representative for those services as defined in this agreement, and to provide advice and consultation to the OWNER as a professional. Any opinions of probable project costs, reviews and observations, and other decisions made by MSA for the OWNER are rendered on the basis of experience and qualifications and represents the professional judgment of MSA. However, MSA cannot and does not guarantee that proposals, bid or actual project or construction costs will not vary from the opinion of probable cost prepared by it. 7. Construction. This agreement shall not be construed as giving MSA the responsibility or authority to direct or supervise construction means, methods, techniques, sequence, or procedures of construction selected by the contractors or subcontractors or the safety precautions and programs incident to the work of the contractors or subcontractors. 8. Standard of Care. In conducting the services, MSA will apply present professional, engineering and/or scientific judgment, and use a level of effort consistent with current professional standards in the same or similar locality under similar circumstances in performing the services. The OWNER acknowledges that "current professional standards" shall mean the standard for professional services, measured as of the time those services are rendered, and not according to later standards, if such later standards purport to impose a higher or lower degree of care upon MSA. MSA does not make any warranty or guarantee, expressed or implied, nor have any agreement or contract for services subject to the provisions of any uniform commercial code. Similarly, MSA will not accept those terms and conditions offered by the OWNER in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly agreed to in writing. Written acknowledgement of receipt, or the actual performance of services subsequent to receipt of such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 9. Construction Site Visits. MSA shall make visits to the site at intervals appropriate to the various stages of construction as MSA deems necessary in order to observe, as an experienced and qualified design professional, the progress and quality of the various aspects of contractor's work. The purpose of MSA's visits to, and representation at the site, will be to enable MSA to better carry out the duties and responsibilities assigned to and undertaken by MSA during the construction phase, and in addition, by the exercise of MSA's efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed work of contractor will conform in general to the contract documents and that the integrity of the design concept of the completed project as a functioning whole as indicated in the contract documents has been implemented and preserved by contractor. On the other hand, MSA shall not, during such visits or as a result of such observations of contractor's work in progress, supervise, direct or have control over contractor's work nor shall MSA have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by contractor, for safety precautions and programs incident to the work of contractor or for any failure of contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to contractor's furnishing and performing the work. Accordingly, MSA neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract documents. 10. Termination. This Agreement shall commence upon execution and shall remain in effect until terminated by either party, at such party's discretion, on not less than thirty (30) days' advance written notice. The effective date of the termination is the thirtieth day after the non -terminating party's receipt of the notice of termination. If MSA terminates the Agreement, the OWNER may, at its option, extend the terms of this Agreement to the extent necessary for MSA to complete any services that were ordered prior to the effective date of termination. If OWNER terminates this Agreement, OWNER shall pay MSA for all services performed prior to MSA's receipt of the notice of termination. Termination hereunder shall operate to discharge only those obligations which are executory by 20220621JDL either party on and after the effective date of termination. These General Terms and Conditions shall survive the completion of the services performed hereunder or the termination of this Agreement for any cause. This agreement cannot be changed or terminated orally. No waiver of compliance with any provision or condition hereof should be effective unless agreed in writing and duly executed by the parties hereto. 11. Betterment. If, due to MSA's error, any required or necessary item or component of the project is omitted from the construction documents, MSA's liability shall be limited to the reasonable costs of correction of the construction, less what OWNER'S cost of including the omitted item or component in the original construction would have been had the item or component not been omitted. It is intended by this provision that MSA will not be responsible for any cost or expense that provides betterment, upgrade, or enhancement of the project. 12. Hazardous Substances. OWNER acknowledges and agrees that MSA has had no role in generating, treating, storing, or disposing of hazardous substances or materials which may be present at the project site, and MSA has not benefited from the processes that produced such hazardous substances or materials. Any hazardous substances or materials encountered by or associated with services provided by MSA on the project shall at no time be or become the property of MSA. MSA shall not be deemed to possess or control any hazardous substance or material at any time; arrangements for the treatment, storage, transport, or disposal of any hazardous substances or materials, which shall be made by MSA, are made solely and exclusively on OWNER's behalf for OWNER's benefit and at OWNER's direction. Nothing contained within this Agreement shall be construed or interpreted as requiring MSA to assume the status of a generator, storer, treater, or disposal facility as defined in any federal, state, or local statute, regulation, or rule governing treatment, storage, transport, and/or disposal of hazardous substances or materials. All samples of hazardous substances, materials or contaminants are the property and responsibility of OWNER and shall be returned to OWNER at the end of a project for proper disposal. Alternate arrangements to ship such samples directly to a licensed disposal facility may be made at OWNER's request and expense and subject to this subparagraph. 13. Insurance. MSA shall maintain during the Term of this Agreement insurance as provided in the attached Exhibit A, Insurance Schedule J. MSA shall provide proof of insurance upon execution of this Agreement and from time to time, thereafter, as may be requested. Should MSA fail to maintain (or cause to be maintained) an insurance as required, if an insurance fails for any reason (including without limitation due to breach of condition or warranty), and/or if an insurer refuses and/or is unable to pay, MSA shall be deemed a self - insurer thereof, accept and pay all claims which would have otherwise been submitted, and indemnify and hold harmless the City of and from (including legal fees and costs) any loss, damage, expense, claim, liability, suit, fine and/or penalty resulting from such failure. 14. Reuse of Documents. Reuse of any documents and/or services pertaining to this project by the OWNER or extensions of this project or on any other project shall be at the OWNER's sole risk. The OWNER agrees to defend, indemnify, and hold harmless MSA for all claims, damages, and expenses including attorneys' fees and costs arising out of such reuse of the documents and/or services by the OWNER or by others acting through the OWNER. 15. Indemnification. To the fullest extent permitted by law, MSA shall indemnify and hold harmless, OWNER, and OWNER's officers, directors, members, partners, agents, consultants, and employees (hereinafter "OWNER") from reasonable claims, costs, losses, and damages arising out of or relating to the project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of MSA or MSA's officers, directors, members, partners, agents, employees, or consultants (hereinafter "MSA"). In no event shall this indemnity agreement apply to claims between the OWNER and MSA. This indemnity agreement applies solely to claims of third parties. Furthermore, in no event shall this indemnity agreement apply to claims that MSA is responsible for attorneys' fees. This agreement does not give rise to any duty on the part of MSA to defend the OWNER on any claim arising under this agreement. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless, MSA, and MSA's officers, directors, members, partners, agents, consultants, and employees from reasonable claims, costs, losses, and damages arising out of or relating to the project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of the OWNER or the OWNER's officers, directors, members, partners, agents, employees, or consultants. In no event shall this indemnity agreement apply to claims between MSA and the OWNER. This indemnity agreement applies solely to claims of third parties. Furthermore, in no event shall this indemnity agreement apply to claims that the OWNER is responsible for attorneys' fees. This agreement does not give rise to any duty on the part of the OWNER to defend MSA on any claim arising under this agreement. To the fullest extent permitted by law, MSA's total liability to OWNER and anyone claiming by, through, or under OWNER for any cost, loss or damages caused in part or by the negligence of MSA and in part by the negligence of OWNER or any other negligent entity or individual, shall not exceed the percentage share that MSA's negligence bears to the total negligence of OWNER, MSA, and all other negligent entities and individuals. 16. Dispute Resolution. OWNER and MSA desire to resolve any disputes or areas of disagreement involving the subject matter of this Agreement by a mechanism that facilitates resolution of disputes by negotiation rather than by litigation. OWNER and MSA also acknowledge that issues and problems may arise after execution of this Agreement which were not anticipated or are not resolved by specific provisions in this Agreement. Accordingly, both OWNER and MSA will endeavor to settle all controversies, claims, counterclaims, disputes, and other matters in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect, unless OWNER and MSA mutually agree otherwise. Demand for mediation shall be filed in writing with the other party to this Agreement. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. Neither demand for mediation nor any term of this Dispute Resolution clause shall prevent the filing of a legal action where failing to do so may bar the action because of the applicable statute of limitations. If despite the good faith efforts of OWNER and MSA any 20220621JDL controversy, claim, counterclaim, dispute, or other matter is not resolved through negotiation or mediation, OWNER and MSA agree and consent that such matter may be resolved through legal action as provided below. 17. Exclusion of Special, Indirect, Consequential and Liquidated Damages. MSA shall not be liable, in contract or tort or otherwise, for any special, indirect, consequential, or liquidated damages including specifically, but without limitation, loss of profit or revenue, loss of capital, delay damages, loss of goodwill, claim of third parties, or similar damages arising out of or connected in any way to the project or this contract. 18. State Law. This agreement shall be construed and interpreted in accordance with the laws of the State of Iowa. 19. Jurisdiction. OWNER and MSA hereby irrevocably submit to the jurisdiction of the U.S. District Court for the Northern District of Iowa and the state courts of the State of Iowa for the purpose of any suit, action, or other proceeding arising out of or based upon this Agreement. 20. Understanding. This agreement contains the entire understanding between the parties on the subject matter hereof and no representations, inducements, promises or agreements not embodied herein (unless agreed in writing) shall be of any force or effect, and this agreement supersedes any other prior understanding entered into between the parties on the subject matter hereto. 21. Protection of Government Property. MSA shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation (such as trees, shrubs, and grass) on Owner's real property or any other real property subject to this Agreement. If MSA fails to do so and damages such buildings, equipment, or vegetation, MSA shall replace or repair the damage at no expense to Owner. If MSA fails or refuses to make such repair or replacement, Owner may determine the reasonable costs of such repair or replacement, and MSA shall be liable for all such costs, which may be deducted from any payment from Owner to MSA hereunder. 22. Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the request of either party, the Agreement shall be amended to make such insertion or correction. 20220621JDL 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 ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations 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 in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall 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-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub- subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to certificate of insurance. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. 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. 9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. 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 during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule J Professional Services April 2021 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 4) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26. 5) Policy shall include Waiver of Right to Recover from Others endorsement. B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR Page 2 of 4 Schedule J Professional Services April 2021 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 ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations 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 in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall 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-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub- subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to certificate of insurance. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. 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. 9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. 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 during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule J Professional Services April 2021 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 4) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26. 5) Policy shall include Waiver of Right to Recover from Others endorsement. B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR Page 2 of 4 Schedule J Professional Services April 2021 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. D) UMBRELLA/EXCESS LIABILITY $1,000,000 The General Liability, Automobile Liability and Workers Compensation Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including Waiver of Subrogation and Primary and Non-contributory in favor of the City. E) PROFESSIONAL LIABILITY $1,000,000 If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims - made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. F) CYBER LIABILITY/BREACH $1,000,000 Yes _ No Coverage for First and Third Party liability including but not limited to lost data and restoration, loss of income and cyber breach of information. Page 3 of 4 Schedule J Professional Services April 2021 Dubuque THE CITY OF DUB E'�IV II Masterpiece an the Mississippi 2007-2012.2013 2017*2019 REQUEST FOR PROPOSAL Preparation of an Analysis of Impediments to Fair Housing CITY OF DUBUQUE, IOWA June 3, 2024 Section 1— General Information A. STATEMENT OF INTENT Housing & Community Development Department 350 West 61h Street, Suite 312 Dubuque, IA 52001-4845 (563) 690-6094 phone (563) 589-4221 fax (563) 690-6678 TDD housing@cityof dubuque.org The intent and purpose of this Request for Proposal (RFP) is to solicit proposals from qualified consultants to prepare an Analysis of Impediments to Fair Housing (Analysis of Impediments) for the City of Dubuque. Proposals are due by 12:30PM CDT on June 21, 2024. On February 9, 2023, HUD published in the Federal Register a Notice of Proposed Rulemaking (NPRM) entitled "Affirmatively Furthering Fair Housing." The proposed rule builds on past versions of the rule and would faithfully implement the Fair Housing Act's (FHA) statutory mandate to affirmatively further fair housing (AFFH), which directs HUD to ensure that the agency and its program participants proactively take meaningful actions to overcome patterns of segregation, promote fair housing choice, eliminate disparities in opportunities, and foster inclusive communities free from discrimination. The FHA —which prohibits housing discrimination based on race, color, religion, national origin, sex (including gender identity and sexual orientation), disability, and familial status — also requires recipients of HUD funding to affirmatively further fair housing. The 2023 proposed AFFH Rule builds on past versions of this rule and sets out the obligations of HUD grantees, including PHAs, states, and local jurisdictions to identify and remedy fair housing problems in their communities. This Analysis of Impediments shall be conducted in accordance with the necessary requirements and guidelines under the Federal regulations, including 24 CFR Part 5 as well as all subsequent Federal Register rulemaking guidance. B. BACKGROUND The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent to Illinois and Wisconsin. As Iowa's oldest city chartered in 1837, Dubuque is a community well known for its historic and architectural beauty. The city is over 30 square miles in area, with a population of nearly 60,000 persons. The community has a stable and diversified manufacturing base and a growing service sector. Dubuque is the major retail, medical, education, and employment center for the tri-state area. Tourism continues to be a major economic force in the community. The City website is www.cityofdubugue.org. Page 1 of 10 The City of Dubuque is governed by an elected Mayor and City Council and managed by a City Manager. The City funds a full range of municipal services. City government works in collaboration with the private and non-profit sectors to promote economic development and sustainability. Sustainability and downtown, neighborhood, and riverfront planning, and revitalization are long-standing priorities of the City Council. A summary of current City Council goals and priorities can be found here: www.cityofdubuque.org/councilgoals. HUD established requirements for all localities receiving federal assistance to affirmatively further fair housing. The Fair Housing Act (FHA) requires HUD and its recipients of federal financial assistance to do more than simply not discriminate; they must take meaningful actions to overcome patterns of segregation and foster inclusive communities. These regulations require entitlement jurisdictions to engage in fair housing planning. The Analysis of Impediments will become part of the City of Dubuque's Consolidated Plan, which is a HUD required document which is in effect for a five-year period. The Consolidated Plan identifies the city's housing and community development needs and proposes strategies for addressing those needs and includes a process of public involvement. The City of Dubuque's fair housing obligation is summarized as follows: Conduct an Analysis of Impediments to Fair Housing at the beginning of the Consolidated Plan cycle. Impediments to fair housing choice are defined by HUD as: ■ Any actions, omissions, or decisions taken because of race, color, religion, sex, disability, familial status, or national origin which restrict housing choices or the availability of housing choices. ■ Any actions omissions, or decisions which have the effect of restricting housing choices, or the availability of housing choices based on race, color, religion, sex, disability, familial status, or national origin. Plan and carry out actions to overcome the effects of identified impediments. 3. Maintain records and make available information and reports, including the Analysis of Impediments to Fair Housing, and document actions undertaken or to be undertaken to eliminate identified impediments. The City of Dubuque's Analysis of Impediments was last completed in 2019 in conjunction with the 2021-2026 Consolidated Planning Process. The following link will take you to this document. https://www.cityofdubugue.org/DocumentCenter/View/22906/Analysis-of-Impediments?bidld= The consultant will refer to HUD's Fair Housing Planning Guidebook: https://www.hud.gov/sites/documents/FHPG.PDF The consultant will also use HUD's Toolkit to complete the Analysis of Impediments: https://www.hud.gov/program offices/fair housing equal opp/fhp toolkit The toolkit is designed to identify fair housing issues, determine the factors that significantly create, contribute to, perpetuate, or increase the severity of one or more of those issues (including what data to use), and set goals to overcome the effects of contributing factors. Section 2 — Scope of Work Page 2 of 10 The consultant will collaborate with the Housing & Community Development Department in the identification, development, scheduling, and implementation of activities designed to complete the Analysis of Impediments to Fair Housing. A. ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING As an Entitlement Jurisdiction, the City of Dubuque is required by HUD to submit a Consolidated Plan every five years, which certifies that the city is affirmatively further fair housing. To accomplish this, the city conducts an Analysis of Impediments to fair housing choice and identifies actions to overcome barriers to fair housing identified by that analysis. The following tasks shall, at a minimum, be included: 1. Summary and review o A summary of current HUD requirements and/or guidelines to ensure compliance with the applicable regulations. o Comprehensive review of the current Analysis of Impediments in 2019 in conjunction with the 2021-2025 Consolidated Planning Process. o Comprehensive review of actions taken by City of Dubuque to address identified impediments. 2. Analyzing HUD Provided Maps and Tables o HUD will provide data through maps and tables that will be available in the User Interface and the AFFH Data and Mapping Tool. The consultant may provide additional relevant maps for attachment through the AFFH User Interface. The consultant will analyze HUD -provided maps showing racially and ethnically concentrated areas of poverty, dot density maps showing the geographic dispersion of different racial and ethnic groups, and thematic maps showing disparities in access to opportunity (such as the location of proficient schools, transportation, lending maps, HCV rental assistance, etc.) across the city. The consultant will analyze HUD -provided tables and local data as needed. 3. Developing Maps and Gathering Local Data o The consultant is required to supplement HUD -provided maps with local data and knowledge. Local data refers to metrics, statistics, and other quantified information that is relevant to the city's geographic areas of analysis that can be found through a reasonable amount of search, are readily available at little or no cost, and are necessary for the completion of the Analysis of Impediments. 4. Gathering Local Data- Community Participation Process o The public participation process must meet the requirements described in the Citizen Participation Plan (Appendix C.) The consultant will conduct community forums/meetings as deemed necessary to complete the Analysis of Impediments including but not limited to the public, individuals, and groups that represent protective classes and other diverse groups, fair housing organizations, community -based organizations, housing providers, realtors, lenders, community planning officials, and any other relevant stakeholders necessary to produce an Analysis of Impediments. The consultant will be responsible for inviting participants, preparing agendas, handouts, and other presentation materials as appropriate. The consultant must ensure that proper interpretation services are available at all public meetings and forums. Additionally, the consultant will: Page 3 of 10 ■ Make the HUD —provided data and any other data to be included in the Analysis of Impediments available to residents, public agencies, and other interested parties. ■ Will conduct consultation meeting(s) with stakeholders, as identified in 24 CFR Subpart B 91.100; submitted proposal should include list of proposed meetings and stakeholders. ■ Conduct public meetings in accordance to collaborating parties' policies and HUD regulations at 24 CFR Part 91 and 24 CFR Part 903 (for PHA's). ■ Document all comments received, consult with city staff on response, and document the response to them per 24 CFR 5.154. ■ All materials, outreach efforts and meetings must be available in languages other than English that are relevant to the counties. These languages may include Spanish and Marshallese. 5. Gathering Local Data- Staff Expertise o The consultant is required to consult directly with assigned city staff to evaluate public policies that could impact furthering fair housing. o Work with each fair housing service organizations to comprehensively understand and characterize current fair housing issues and collect any relevant and necessary information and data to prepare and complete the requested Analysis of Impediments consistent with current HUD regulations, the Fair Housing Planning Guide issued by HUD, or other current regulations or guidance. o Work with housing authority and relevant agencies or taskforces to collect and analyze all relevant and necessary information or data to prepare and complete an Analysis of Impediments consistent with current HUD regulations, the Fair Housing Planning Guide issued by HUD, or other current regulations or guidance. 6. Action Plan o The consultant will use HUD -provided data, local data, and community knowledge to assess fair housing issues and contributing factors to set fair housing priorities and goals for the City of Dubuque. Data must provide goals with benchmarks to allow for the measuring of trends and changes overtime. o The consultant is required to draft at least one or more goal(s) to overcome the fair housing issues for which significant contributing factors have been identified and work with the city in setting goals and priorities based on findings and data. HUD recommends SMART goals — Specific, Measurable, Action -Oriented, Realistic and Time - bound. For each goal, the consultant must: Identify one or more contributing factors that the goal is designed to address. ■ Describe how the goal relates to overcoming the identified contributing factor(s) and related fair housing issue(s). ■ Identify the metrics and milestones for determining what fair housing results will be achieved, including the timeframes for achieving them; and ■ Identify the responsible party for each goal. 7. Preparing the Draft Analysis of Impediments for Staff Review o The consultant will submit the preliminary draft Analysis of Impediments to city staff for review and comments. The consultant will revise the Analysis of Impediments after reviewing the city staff comments and submit revisions to review. 8. Preparing Draft and Summary Analysis of Impediments for 30 Day Comment Period o The consultant will prepare a summary and draft for public review after the draft is approved by the city staff. *Note: See 24 CFR Part 91 and 24 CFR Part 903 (PHA) for Page 4 of 10 public comment period regulations and timing and will need to work closely with HUD representative on timing for all collaborating parties. 9. Presenting Draft Analysis of Impediments at Public Hearing o The consultant will be required to attend and present at a public hearing. The consultant will present the draft Analysis of Impediments, provide a summary with any findings/recommendations, and discuss the planning process. 10. Responding to Public Comments o After review and acceptance of the draft report by the city staff and Commission at public hearing, the report and supporting data will be released to the public, providing them 30 calendar days to submit their comments. ■ The consultant will review, and address comments received through the public comment period and prepare a revised Analysis of Impediments draft. 11. Submitting Final Analysis of Impediments o After the acceptance of the Analysis of Impediments by the City of Dubuque's Commission, the consultant will submit the Analysis of Impediments to city staff. 12. Revising and resubmitting the Analysis of Impediments The consultant will be available for revision and resubmission of the Final Analysis of Impediments if HUD determines the Analysis of Impediments is inconsistent with fair housing or civil rights requirements or if the Analysis of Impediments is determined by HUD to be substantially incomplete. If HUD deems the revision unacceptable, the consultant will repeat the revision and resubmission process until HUD accepts the Analysis of Impediments. B. SUBMISSION OF THE PLAN Provide progress updates to city staff as requested (minimum monthly meeting). Provide a draft of the Analysis of Impediments report for review and comment prior to submission of the final document. The draft should follow the general outline: i. Cover Sheet ii. Executive Summary iii. Community Participation Process iv. Analysis of Impediments Past Goals and Actions v. Fair Housing Analysis 1. Demographic Summary 2. General Issues 3. Racially or Ethnically Concentrated Areas of Poverty 4. Disparities in Access to Opportunity 5. Disproportionate Housing Needs 6. Disability and Access Analysis 7. Fair Housing Enforcement, Outreach Capacity, and Resources vi. Fair Housing Impediments and Challenges vii. Fair Housing Action Items: Goals and Priorities 3. At the completion of the project, the consultant shall provide the final Analysis of Impediments document as an electronic version in a fully searchable and bookmarked PDF file (not exceeding 5MB) that includes all tables, figures, and maps. 4. The Housing and Community Development staff will: a. Provide a list of primary city/county contacts. Page 5 of 10 b. Provide data and assessment of prior Analysis of Impediments. c. Assist identifying local data and local knowledge. d. Assist identifying stakeholders for and participate in community meetings. e. Assist collaborating parties in identifying contributing factors, priorities, and development of implementation and approval of goals for fair housing; and f. Review the consultant's data and analyze the findings, recommendations, and the final report. Section 3 — Request for Proposal Process This solicitation is a Request for Proposal (RFP). Electronic proposals will be accepted until June 21, 2024, at 12:30pm CST. Late submittals will not be considered. Electronic proposals shall be submitted as a single PDF document to mdeutsch@citvofdubuque.org prior to the above deadline. All proposals shall have the following information in the subject line: FY2025 Analysis of Impediments to Fair Housing A. INFORMATION TO BE INCLUDED IN THE PROPOSAL 1. Letter of Transmittal Provide a letter of transmittal briefly outlining the consultant's understanding of the work and the name, address, telephone number of the consultant's primary contact person. 2. Profile of Consultant Provide general information about the consultant, along with its area(s) of expertise and experience as it relates to this RFP. Describe the experience and success of the consultant in performing similar projects. State the description of the consultant, the size of the consultant's professional staff, and the location of the office from where the work on this project will be performed. Discuss the consultant's ability to integrate this project into their present workload. Include a statement to specify if the consultant currently has the capacity to undertake the project or whether it intends to hire additional staff or partner with subconsultants. 3. Scope of Work / Methodology Describe the methodology or strategy by which the consultant would satisfy the Scope of Work, and/or an alternative or hybrid strategy recommended by the consultant — what process and outcomes the consultant would suggest fulfilling the Analysis of Impediments to Fair Housing. This is the consultant's opportunity to convey ideas and concepts with respect to vision and goals outlined in the Scope of Work. This will help the selection committee better evaluate the consultant's vision, abilities, and interest with respect to the RFP. 5. Proposed Project Schedule The following is an aggressive timeline designed to meet the City of Dubuque needs to file the required documents with HUD. Provided a narrative describing how the consultant will meet the proposed schedule. June 21, 2024 Request for proposals is due to the Housing & Community Development Department. Page 6 of 10 June -July 2024 Review RFP, hold consultant interviews (if necessary), and make recommendation to City Manager. July 15, 2024 City Council awards contract for preparation of the 2026-2030 Analysis of Impediments. October 7, 2024 Consultant provides summary of Draft Analysis of Impediments to city staff. October 17, 2024 Public Comment period opens for summary of Draft Analysis of Impediments November 17, 2024 Public Comment period closes for summary of Draft Analysis of Impediments. November 20, 2024 Consultant presents summary and Draft Analysis of Impediments to CDAC including any comments received. Community Development Advisory Commission (CDAC) sets public hearing for Final Analysis of Impediments in January CDAC meeting. November 21, 2024 Public Comment period for Final Analysis of Impediments opens. January 3, 2025 Public Comment period for Final Analysis of Impediments closes. January 15, 2025 Consultant presents Final Analysis of Impediments to CDAC including any comments received. Hold Public Hearing for Final Analysis of Impediments. January 22, 2025 Final draft of Analysis of Impediments is submitted to Housing & Community Development Department Staff. Products should be delivered in hardcopy and electronic formats compatible with the city's computer software and hardware. 6. Certificate of Insurance The selected firm will be required to meet the city's insurance requirements for professional services (see enclosed Insurance Schedule J in Appendix A). A Certificate of Insurance is optional for inclusion with the proposal. A Certificate of Insurance must be provided upon selection. 7. Fees and Compensation Provide a proposed cost-plus expenses budget for completion of the scope of services with cost breakdowns by scope element. Quotation of fees and compensation shall remain firm for a period of at least 90 days from the proposal submission deadline. Please provide the proposed fees and Page 7 of 10 compensation under separate cover. Initial screening will be done by a selection committee without the benefit of knowing the proposed fee for services. 8. Contract and Insurance A proposed contract for services must be included in the submittal. It should include the City of Dubuque's Standard Terms and Conditions found in Appendix B. B. EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum requirements of the proposal format. A selection committee will review qualifying proposals and may interview the short-listed firms. Initial screening will be done without knowing the consultant's proposed fee for services to develop a short list. The short list of consultants may be invited to an interview with the selection committee. If held, the interview is a very important part of the selection process. Factors to be considered by the committee may include the following: • Qualifications and experience of the firm and any sub -consultants. • Qualifications and experience of the principal consulting staff and sub -consulting staff that will work on the project. • Results of interview process (if necessary). • Grasp of project requirements and level of interest. • Design approach/methodology in completing the scope of services, including sustainability; creativity and problem -solving ability. • Proposed schedule required to complete the project. • Proposed cost to complete the project. C. SUBMISSION REQUIREMENTS The City of Dubuque reserves the right to reject all proposals and to negotiate changes with any firms. The City of Dubuque is not liable for any cost incurred by any firms prior to the execution of an agreement or contract. Nor shall the City of Dubuque be liable for any costs incurred by the firm that are not specified in the contract. The City of Dubuque is an Equal Employment Opportunity Employer. D. QUESTIONS REGARDING THE RFP The City of Dubuque will be accepting only written questions regarding this RFP. Questions should be addressed to Mary Bridget Corken-Deutsch, Community Development Specialist, City of Dubuque, IA 52001 or.mdeutsch@citVofdubuque.org no later than June 12, 2024. All questions sent via email must include FY2025 Analysis of Impediments to Fair Housing in the subject line. City staff will confirm receipt of questions sent by email. If no confirmation is received within 24 hours, it is the consultant's responsibility to contact the Housing & Community Development Department to verify information was correctly sent and received. All questions and answers will be provided to all consultants who submitted questions or by request by email. All proposals must include an email address for the primary contact. Responses will be issued on or before June 14, 2024. PROPOSAL SUBMISSION DEADLINE An original (hardcopy) and an electronic copy (pdf) of the proposal shall be delivered by 12:30PM CDT on June 21, 2024, to the address and email address given below: Mary Bridget Corken-Deutsch, Community Development Specialist, mdeutsch@cityofdubuque.org Page 8 of 10 City of Dubuque: Housing & Community Development Department 350 W.61" Street, Suite 312 Dubuque, IA 52001 The proposals shall be sealed and be clearly labeled: FY2025 Analysis of Impediments to Fair Housing. Include the proposed fees and compensation under separate cover. Electronic proposals shall be submitted as a single PDF document to mdeutsch@cityofdubugue.org. All proposals shall have the following information in the subject line: FY2025 Analysis of Impediments to Fair Housing Each consultant assumes full responsibility for delivery and deposit of the completed proposal package on or before the deadline. The City of Dubuque is not responsible for any loss or delay with respect to delivery of the proposals. CONSULTANT SELECTION The City of Dubuque anticipates awarding the contract to the successful consultant/firm for this project in July 2024. Consultants/Firms whose proposals are not accepted will be notified shortly after the selected firm has been approved by the City Council. APPENDICES The following City of Dubuque documents are enclosed for reference: • Appendix A: City of Dubuque Insurance Schedule J • Appendix B: City of Dubuque Standard Contract Terms and Conditions • Appendix C: Citizen Participation Plan Page 9 of 10 Appendices Appendix A: City of Dubuque Insurance Schedule J Appendix B: City of Dubuque Standard Contract Terms and Conditions Appendix C: Citizen Participation Plan Page 10 of 10 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 ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations 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 in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall 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-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub- subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. 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. 9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. 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 during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule J Professional Services January 2023 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 4) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26. 5) Policy shall include Waiver of Right to Recover from Others endorsement. 6) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13t" Street Dubuque, Iowa 52001. B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Page 2 of 4 Schedule J Professional Services January 2023 City of Dubuque Insurance Requirements for Professional Services Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. D) UMBRELLA/EXCESS LIABILITY $1,000,000 The General Liability, Automobile Liability and Workers Compensation Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non- contributory in favor of the City. E) PROFESSIONAL LIABILITY $2,000,000 If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims - made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. F) CYBER LIABILITY/BREACH $1,000,000 Yes No Coverage for First and Third Party liability including but not limited to lost data and restoration, loss of income and cyber breach of information. Page 3 of 4 Schedule J Professional Services January 2023 City of Dubuque Insurance Requirements for Professional Services Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule J Professional Services January 2023 CITY OF DUBUQUE STANDARD TERMS AND CONDITIONS ACCELERATED PAY DISCOUNTS - Accelerated discounts should be so stated on the bid submittal page. If quick pay discounts are offered, the City reserves the right to include that discount as part of the award criteria. Prices must, however, be based upon payment in net thirty (30) days after receipt, inspection and acceptance. In all cases, quick pay discounts will be calculated from the date of the invoice or the date of acceptance, whichever is later. ADA COMPLIANCE 1. The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101 et seq.) and applicable Federal regulations under the Act. 2. Bids for design, construction, programs, policies and concessions of any type shall comply with the 2010 Standards for Accessible Design, the ADA title II regulation, Section 504 of the 1973 Rehabilitation Act, and similar statutes and regulations prohibiting discrimination on the basis of disability. 3. The Contractor shall ensure that its websites and all online services, including those websites or online services provided by third parties upon which Dubuque relies to provide services or content, comply with, at minimum, Web Content Accessibility Guidelines - WCAG 2.0 AA. ASSIGNMENT - The City and the Contractor each are hereby bound and the partners, successors, executors, administrators and legal representatives of the City and the Contractor are hereby bound to the other party to the Contract and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of the Contract. Any assignment or attempt at assignment made without prior written consent of the City shall be void. BID CURRENCY/LANGUAGE - All bid prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All bid responses must be submitted in English. BID FORM - Each bidder must submit an original bid and additional copies as required on the forms attached. The bidder shall correctly sign the bid, and the bid may be rejected if it shows any omissions, alterations of the form, additions not called for in the bid, or any irregularities of any kind. In case of a discrepancy between the unit price and the extended price, the unit price shall prevail. BID INFORMATION IS PUBLIC — The bid and all documents submitted with any bid shall become public documents subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting the bid any document to the City of Dubuque in connection with a bid, the submitting party recognizes this and waives any claim against the City of Dubuque and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Dubuque and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Dubuque arising from any Page 1 of 5 opportunity. Bid information requested by the public or other bidders will be provided in an alternative format if the requestor is a person with a disability and requires an alternative form for comprehension. BID REJECTION OR PARTIAL ACCEPTANCE - The City reserves the right to accept or reject any or all bids or parts thereof. The City further reserves the right to waive technicalities and formalities in bids, as well as to accept in whole or in part such bids where it is deemed advisable in protection of the best interests of the City. CONFLICT OF INTEREST - The Contractor represents, warrants, and covenants that no relationship exists or will exist during the Contract period between the Contractor and the City that is a conflict of interest. No employee, officer or agent of the Contractor shall participate in the selection or in the award if a conflict of interest, real or apparent, exists. The provisions of Iowa Code ch. 68B shall apply to the Contract. If a conflict of interest is proven to the City, the City may terminate the Contract, and Contractor shall be liable for any excess costs to the City as a result of the conflict of interest. The Contractor 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 Contractor shall report any potential, real, or apparent conflict of interest to the City. CONTRACT DOCUMENTS — The Contract Documents are this Contract, the Request for Bids, the Contractor's Bids, and the following additional documents, if any: In the event of a dispute with respect to any term or condition in the Contract Documents, they shall be interpreted in the following order: this Contract, the Request for Bids, the Contractor's Bids, and the following additional documents, if any: DISPUTES - Should any disputes arise with respect to the Contract, the Parties agree to act immediately to resolve such disputes. Time is of the essence in the resolution of disputes. The Contractor agrees that, the existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute and the City shall continue to make payment for all Work properly performed. Should the Contractor fail to continue to perform its responsibilities regarding all non -disputed work, without delay, any additional costs incurred by the City or the Contractor as a result of such failure to proceed shall be borne by the Contractor. The unintentional delayed payment by the City to the Contractor of one or more invoices not in dispute in accordance with the terms of the Contract will not be cause for Contractor to stop or delay Work. FORCE MAJEURE - Force majeure shall be any of the following events: acts of God or the public enemy; compliance with any order, rule, regulation, decree, or request of any governmental authority or agency or person purporting to act therefore; acts of war, public disorder, rebellion, terrorism, or sabotage; floods, hurricanes, or other storms; strikes or labor disputes; or any other cause, whether or not of the class or kind specifically named or referred to herein, not within the reasonable control of the party affected. A delay in or failure of performance of either party shall not constitute a default hereunder nor be the basis for, or give rise to, any claim for damages, if and to the extent such delay or failure is caused by force majeure. The party who is prevented from performing by force majeure shall be obligated, within a period not to exceed fourteen (14) days after the occurrence or detection of any such event, to give notice to the other party setting forth in reasonable Page 2 of 5 detail the nature thereof and the anticipated extent of the delay, and shall remedy such cause as soon as reasonably possible, as mutually agreed between the parties. INDEMNIFICATION - To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its officers and employees, from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, or anyone directly or indirectly employed by the Contractor or anyone for whose acts the Contractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. LAWS AND REGULATIONS - The Contract shall be governed, interpreted and enforced in accordance with all applicable federal, State of Iowa, and local laws, ordinances, licenses and regulations and shall apply to the Contract throughout, as the case may be. The Contractor certifies that in performing the Contract it will comply with all applicable provisions of the federal, state, and local laws, ordinances, licenses and regulations. Venue for any action arising out of this Contract shall be the Iowa District Court for Dubuque County, Iowa. METHOD OF AWARDING - The City reserves the right to make awards based on the entire bid or on an item by item basis. However, if Contractor's bid is based on an "all or none" condition, the City may consider its bid non -responsive and reject the entire bid. NO GIFT STANDARD - The City of Dubuque is committed to upholding the highest ethical standards in all of its business practices. This standard recognizes the need to avoid even the perception of improper gifts or favors to employees. Therefore, all suppliers have been asked to abide by the City's "No Gift" standard. The "No Gift" standard also applies to all offers of discounts or free items at any place of business targeted toward a City employee and not available to the general public, regardless of the value. NON -COLLUSION STATEMENT - Neither the Contractor, nor anyone in the employment of the Contractor, has employed any person to solicit or procure the Contract nor will the Contractor make any payment or agreement for payment of any compensation in connection with the Contract. There is no contract, agreement or arrangement, either oral or written, expressed or implied, contemplating any division of compensation for Work rendered under the Contract or participation therein, directly or indirectly, by any other person, firm or corporation, except as documented in the Contract. Neither the Contractor, nor anyone in the employment of the Contractor, has either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive procurement in connection with the Contract. NON-DISCRIMINATION AND EQUAL OPPORTUNITY - All Contractors that engage in contracts with the City of Dubuque, Iowa agree as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, sex, color, creed, ancestry, national origin, marital status, Familial status, religion, age, disability, sexual orientation, gender identity, genetic information, status with regard to public assistance, status as a veteran or any classification protected by federal, state, or local law, (Protected Classes) except where age and sex are essential bona fide occupational requirements, or where disability is a bona fide occupational disqualification. Such action Page 3 of 5 shall include, but not be limited to the following; (a) Employment, (b) Upgrading, (c) Demotion or transfer, (d) Recruitment and advertising, (e) Layoff or termination, (f) Rate of pay or other forms of compensation, and (g) Selection for training, including apprenticeship. The Contractor further assures that managers and employees comply with both the spirit and intent of federal, state, and local legislation, government regulation, and executive orders in providing affirmative action as well as equal opportunity without regard to the protected classes, as stated above. The Contractor will include, or incorporate by reference, the provisions of the nondiscrimination clause in every contract or subcontract unless exempt by the rules, regulations or orders of the City and will provide in every contract or subcontract that said provision will be binding upon each Contractor.. REGULATORY AGENCY COMPLIANCE - Compliance with laws and regulations set forth by regulatory agencies is required. These agencies include, but are not limited to, OSHA — Occupational Safety & Health Agency, EPA — Environmental Protection Agency, ICC — Interstate Commerce Commission, DNR — Department of Natural Resources, and DOT — Department of Transportation. The City of Dubuque expects that Contractors will offer expertise on conformance of regulations applying to the products they sell and the Work they perform. RIGHT TO PROTEST - Anyone wishing to file a protest concerning (1) the specifications, (2) the bid procedure or (3) the award of the Contract must do so in writing in accordance with the City's Protest by bidders which is found in the City's purchasing policy SAFETY DATA SHEETS - The Hazard Communication Standard (HCS) requires chemical manufacturers, distributors, and importers to ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked and to provide Safety Data Sheets (SDS) to communicate the hazards of hazardous chemical products. It is the chemical supplier's responsibility to determine which products are covered and to provide SDS with the initial shipment. It is also the chemical supplier's responsibility to provide any updated or revised SDS, as they become available for any products sold and delivered to the City of Dubuque. City of Dubuque employees shall not accept a shipment of any chemical that does not have a SDS attached or currently on file. Safety Data Sheets shall be available in alternative formats if the requestor is a person with a disability and requires an alternative format for comprehension. SUBCONTRACTING - All Subcontractors shall be listed in the Contract or in a written amendment to the Contract. SUSPENSIONS AND DEBARMENT - The Contractor hereby certifies, pursuant to 2 CFR pt. 180 and 2 CFR pt. 3000, that neither it nor its principles are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the Contract by any federal agency. The Contractor further certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any contracts with the City of Dubuque or the State of Iowa. TAXES - The City of Dubuque is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. TERMINATION OF CONTRACT - The City may terminate the Contract at any time for any reason with or without cause. In that event, all finished or unfinished Work, reports, Page 4 of 5 materials(s) prepared or furnished by the Contractor under the Contract shall, at the option of the City, become its property. If the Contract is terminated by the City as provided herein, the Contractor shall be paid for all Work which has been authorized, provided, and approved up to the effective date of termination. The City will not be subject to any termination fees from the Contractor. WARRANTIES - WORK - The Contractor shall perform Work for the City pertaining to the Project as set forth in the Contract. Contractor represents that the Work and all of its components shall be free of defects; shall be performed in a manner consistent with other Contractors in a similar industry and application; and shall conform to the requirements of the Contract. Contractor shall be responsible for the quality, technical accuracy, completeness and coordination of all Work performed under the Contract. Contractor shall, promptly and without charge, provide all corrective Work necessary as a result of Contractor's acts, errors, or omissions with respect to the quality and accuracy of the Work. Contractor shall be responsible for any and all damages to property or persons as a result of Contractor's acts, errors, or omissions, and for any losses or costs to repair or remedy any Work undertaken by City based upon the Work as a result of any such acts, errors, or omissions. Contractor's obligations shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Contractor. WARRANTIES - INTELLECTUAL PROPERTY - Contractor represents and warrants that all the materials and Work produced, or provided to the City pursuant to the terms of the Contract shall be wholly original with the Contractor or that the Contractor has secured all applicable interests, rights, licenses, permits or other intellectual property rights in such materials and work. The Contractor represents and warrants that the materials and Work, and the City's use of same, and the exercise by the City of the rights granted by the Contract shall not infringe upon any other work or violate the rights of publicity or privacy of, or constitute a libel or slander against, any person, firm, or corporation. The Contractor further represents and warrants that the materials and Works does not infringe upon the copyright, trademark, trade name, trade dress patent, statutory, common law or any other rights of any person, firm or corporation or other entity. The Contractor represents and warrants that it is the owner of or otherwise has the right to use and distribute the Work contemplated by the Contract. Page 5 of 5 City of Dubuque, Iowa Citizen Participation Plan For the Development of the City's Community Development Block Grant Program Amendment 2024 CITIZEN PARTICIPATION PLAN TABLE OF CONTENTS I. Introduction......................................................................................................................... 3 II. Development of Consolidated Plan and Annual Action Plans ............................................. 3 III. Amendments to the Consolidated Plan and Annual Action Plans ....................................... 4 IV. Performance Reports.......................................................................................................... 5 V. Citizen Access..................................................................................................................... 5 OutreachEfforts..................................................................................................... 5 PublicMeetings...................................................................................................... 6 PublicHearings...................................................................................................... 7 Information and Records Availability...................................................................... 7 TechnicalAssistance............................................................................................. 8 ActivityPromotion................................................................................................... 8 VI. Complaints........................................................................................................................... 8 ComplaintForm................................................................................................. 10 VII. Anti -Displacement and Relocation Assistance Plan...................................................11 Vill. Amendments to Citizen Participation Plan.......................................................................... 11 Appendix • 24 CFR Part 91 Subpart B Section I. Introduction This CITIZEN PARTICIPATION PLAN (the "Plan") is a revision of a plan adopted by the City of Dubuque, Iowa (the "City") on September 8, 1992. This Plan reflects changes required by amendments to the Housing and Community Development Act for the Consolidated Plan process. This Plan shall provide for and encourage citizens to participate in the development of the Consolidated Plan and each Annual Action Plan, any substantial amendments to the Consolidated Plan or Annual Action Plan and the annual Performance Report. This Plan follows all requirements of 24 CFR Part 91 Subpart B (Appendix 1). The Consolidated Plan and each year's Annual Action Plan guide the City's use of Community Development Block Grant (CDBG), HOME, and other federal funds which are made available from the U.S. Department of Housing and Urban Development (HUD). The Performance Report provides an assessment of funds expended and a quantitative analysis of program or project outcomes. This entire Consolidated Plan process shall be integrated into the City's overall yearly goal setting and budget process and shall provide for citizen access designed to encourage participation by low and moderate income persons, as well as the general public. The City Community Development Advisory Commission, as provided in Chapter 15 of the City Code, shall sponsor the Consolidated Plan process and shall ensure that this Citizen Participation Plan is followed by the City. The Community Development Advisory Commission shall work with the City Housing Commission and other appropriate City Boards or Commissions in the development of the Consolidated Plan and Annual Action Plan. Section II. Development of the Consolidated Plan and Annual Action Plans The Community Development Advisory Commission will hold a series of public meetings and public hearings during the development of the Consolidated Plan and/or Annual Action Plan that would include identification of community housing and non -housing needs, prioritization of needs, strategy development to meet identified needs and budget recommendations to implement those strategies. Citizen access opportunities, as identified in Section V of this Plan, shall be utilized to increase participation in Consolidated Plan development. In the case of a draft Consolidated Plan and/or Annual Action Plan, a summary of the draft Consolidated Plan and/or Annual Action Plan shall be published in one or more newspaper of general circulation and available for review and distribution as outlined in Section V of this Plan, prior to the commencement of the 30-day public comment period. In the case of a draft Consolidated Plan and/or Annual Action Plan, following a 30-day public comment period, the Community Development Advisory Commission shall hold at least one public hearing as outlined in Section V of this Citizen Participation Plan. In the case of a final Consolidated Plan and/or Annual Action Plan, the final Consolidated Plan and/or Annual Action Plan shall be published in one or more newspaper of general circulation and available for review and distribution as outlined in Section V of this Plan, prior to the commencement of the 30-day public comment period. In the case of a final Consolidated Plan and/or Annual Action Plan, following a 30-day public comment period, the Community Development Advisory Commission shall hold a public hearing as outlined in Section V of this Citizen Participation Plan. The final Consolidated Plan and/or Annual Action Plans shall be approved by the Community Development Advisory Commission and forwarded to the City Manager. The City Manager shall forward his or her recommendation to the City Council, along with the Commission's recommendation, for final action. The City Council shall adopt the Consolidated Plan and/or Annual Action Plan by Resolution prior to submission to HUD. Any public comments received during the comment period or at the public hearings, written or orally, shall be considered, summarized, and attached to the Consolidated Plan and/or Annual Action Plan prior to submission to HUD. This shall include a summary of any comments or views not accepted and the reasons therefore. The complete final document shall be available for review as outlined in Section V of this Plan. Section III. Amendments to the Consolidated Plan and Annual Action Plans Amendments to the Consolidated Plan and/or Annual Action Plan shall be required whenever the City seeks to: a) make a change in its allocation priorities or a change in the method of distribution of funds; b) carry out an activity, using funds from any program covered by the Consolidated Plan, not previously described in the Annual Action Plan; or c) change the purpose, scope, location or beneficiaries of an activity. Amendments shall be categorized as "substantial" or "non -substantial". "Substantial" amendments shall mean: a) Any change in the purpose, scope, location or beneficiaries of an activity; b) The addition of any activity not previously described in the Annual Action Plan, unless its addition is a result of an increase of less than 10% of total funding and anticipated Program Income for the year; c) The deletion of any activity in the Annual Action Plan, unless its deletion is a result of a decrease of less than 10% of total funding and anticipated Program Income for the year; d) Any change reflecting the increase or decrease of more than 10% of total funding and anticipated Program Income for the year; e) Any increase or decrease in allocation priorities defined as: a. 50% change in the project, if the project is funded at 50,000 or less. b. 25% change in the project if the project is funded at 50,001 or more. f) Any application for M108 funding. All other amendments shall be considered "non -substantial". Non -substantial amendments shall be approved by the Community Development Advisory Commission and forwarded to the City Manager. The City Manager shall forward his or her recommendation to the City Council, along with the Commission's recommendation, for final action. The City Council shall adopt the "non -substantial" amendment by Resolution. In the case of substantial amendment, the substantial amendment shall be published in one or more newspaper of general circulation, available for review and distribution as outlined in Section V of this Plan, prior to the commencement of the 30-day public comment period. In the case of substantial amendment, following a 30-day public comment period, the Community Development Advisory Commission shall hold a public hearing as outlined in Section V of this Citizen Participation Plan. M The substantial amendment shall be approved by the Community Development Advisory Commission and forwarded to the City Manager. The City Manager shall forward his or her recommendation to the City Council, along with the Commission's recommendation, for final action. The City Council shall adopt the substantial amendment by Resolution prior to submission to HUD. Amendments shall be submitted to HUD as each occurs or at the end of the program year. Any public comments received during the comment period or at the public hearing, written or orally, shall be considered, summarized, and attached to the substantial amendment prior to submission to HUD. This shall include a summary of any comments or views not accepted and the reasons therefore. The complete final substantial amendment shall be available for review as outlined in Section V of this Plan. Section IV. Performance Reports A Performance Report identifies the final budget expenditure and performance results for each Annual Action Plan activity from the currently completed program year and any outstanding activities from prior program years. Performance Reports shall be submitted to HUD within 90 days after the close of the City's CDBG program year. The City's program year corresponds to the City's fiscal year which runs from July 1 to June 30 of each year. A Performance Report shall be submitted to HUD by September 30. The Performance Report will include successes and challenges regarding activities with Section V Citizen Access. In the case of a Performance Report, a summary of the Performance Report shall be published in one or more newspaper of general circulation and available for review and distribution as outlined in Section V of this Plan, prior to the commencement of the 15-day public comment period. In the case of a Performance Report, the Community Development Commission shall, following a 15-day public comment period, hold a public hearing as outlined in Section V of this Plan. The Performance Report shall be approved by the Community Development Advisory Commission and forwarded to the City Manager. The City Manager shall forward his or her recommendation to the City Council, along with the Commission's recommendation, for final action. The City Council shall adopt the Performance Report by Resolution prior to submission to HUD. Any public comments received during the comment period or at the public hearing, written or orally, shall be considered, summarized, and attached to the Performance Report prior to submission to HUD. This shall include a summary of any comments or views not accepted and the reasons therefore. The complete Performance Report shall be available for review as outlined in Section V of this Plan. Section V. Citizen Access Outreach Efforts The City is committed to making reasonable and timely access to the needs assessment, strategy development, and budget recommendation process of the Consolidated Plan and/or Annual Action Plans possible for all members of the community, especially low and moderate income persons. The following outreach efforts are illustrative of measures that may be taken as appropriate to provide citizen access to the Consolidated Plan process. Failure to use any one of these shall not be considered a violation of this Plan. Mailing List: Develop a comprehensive mailing/emailing list of interested parties, public and private agencies that provide assisted housing, health services and social services and use to send summary information and public hearing or comment period notices. 5 Targeted Survey: Survey service providers, community agencies, and key stakeholder prior to Consolidated Plan and/or Annual Action Plan development for information regarding community needs, existing services to meet those needs, and their assessment of any gaps in meeting those needs, including new strategies to address outstanding needs. CityChannel Dubuque: Create and run public service announcements about the CDBG program and Consolidated Plan and/or Annual Action Plan process to inform, educate, and promote citizen participation. Neighborhood Associations: Invite neighborhood groups to inform, educate and participate in planning and implementation efforts. Community Events- Engage with residents at community events to meet residents where they are and gather information to inform and develop Consolidated Plan and/or Annual Action Plan. Church Bulletins: Publicize public comment and public hearing participation opportunities through this medium, especially in churches located in the low/mod income area. Partners meetings: Engage with stakeholders from public and private agencies to assist with the development, planning and implementation of Consolidated Plan and Annual Action Plans. Educational Institutions: Engage with area K-12 schools and higher education institutions to engage students and parents of all ages. This may include sharing information via newsletters and PTO groups, attending fairs at colleges and universities, and engaging directly with school administration and students. CDBG Week: Use this national recognition week to promote local success stories related to CDBG funding. This may include awards, special project open houses, keynote speakers and neighborhood walks with City Council members or other promotion activities. Print Media: Publicize the proposed Consolidated Plan and/or Annual Action Plan during the 30-day comment period between draft publication () and final publication (). All Media: Use media releases, video and online posts, social media, and news and radio to promote = the Consolidated Plan and/or Annual Action Plan process and citizen participation opportunities throughout the CDBG program year. City Website: Use this electronic format to publicize public hearing participation opportunities and to highlight the Consolidated Plan and/or Annual Action Plan development, implementation, and monitoring process. Public Meetings The Community Development Advisory Commission shall hold regular monthly public meetings in the Housing Conference Room, Historic Federal Building, 350 West 6th Street, Room 250, Dubuque, Iowa 52001, unless otherwise determined and proper notice given. These meetings shall be used for regular Commission business and when a public hearing is not necessary. Notice of public meetings shall be sent to all media in accordance with the Iowa Open Meetings Law and shall be posted on the City Clerk's Bulletin Board located on the First Floor of City Hall, 50 W. 13th Street, Dubuque, Iowa 52001 and Housing and Community Development office, Historic Federal Building, 350 West 6th Street, Suite 312, Dubuque, Iowa 52001 Minutes shall be taken of all public meetings and shall be available for public review at the Housing and Community Department, 350 West 61h Street, Suite 312, Dubuque, Iowa 52001 during regularworking hours. All meetings shall be accessible to persons with disabilities, and, upon adequate notice and subject to the availability of assistance, a translator shall be provided for hearing impaired or non-English speaking residents. 0 Public Hearings The Community Development Advisory Commission shall hold public hearings as required by the Consolidated Plan and/or Annual Action Plan process, at times and locations appropriate and convenient for maximum public participation. The Commission shall attempt to hold these hearings at their regularly scheduled meeting time and place. Alternate dates, times and locations may be used as necessary. Notice of all public hearings shall be published in the official newspaper as designated by the City Council. The notice shall include the time, day, and date of the hearing, its location, a general statement regarding its purpose and any other more specific information required by the Consolidated Plan and/or Annual Action Plan, amendments, or Performance Report. Notices shall also be sent to all media in accordance with the Iowa Open Meetings Law. Minutes shall be taken of all public hearings and shall be available for public review at the Housing and Community Development Department, 350 West 6th Street, Suite 312, Dubuque, Iowa 52001 during regular working hours. All meetings shall be accessible to persons with disabilities and, upon adequate notice and subject to the availability of assistance, a translator shall be provided for hearing impaired or non-English speaking residents. Information and Records Availability The Consolidated Plan [as proposed, adopted or amended], Performance Reports and this Citizen Participation Plan shall be available in print format for public review during regular working hours at the following locations: City Clerk's Office 50 W. 13th Street Dubuque, Iowa 52001 563-589-4120 Housing and Community Development Department 350 West 6th Street Suite 312 Dubuque, Iowa 52001 563-589-4230 Carnegie -Stout Public Library Reference Desk 360 West 11 th Street Dubuque, Iowa 52001 563-589-4227 Multicultural Family Center 1157 Central Ave Dubuque, Iowa 52001 563-582-3681 Additional information is available for public review in print format at the offices of the Housing and Community Development Department during regular working hours and includes: a) amount of assistance the City expects to receive (including grant funds and program income); b) the range of eligible activities that may be undertaken; c) the estimated amount of funds anticipated to benefit low and moderate income persons; d) the adopted Uniform Relocation Act which regulates public responsibility and actions associated with the displacement of persons resulting from a HUD -funded project; and e) records relating to the Consolidated Plan and the City's use of assistance during the preceding five (5) years. 7 f) HUD -provided data and any other supplemental information incorporated into plans This information shall be provided in a format accessible to persons with disabilities, upon adequate notice Requests for additional information may be made to the Director of Housing and Community Development at the address and phone listed above. A response shall be provided within fifteen (15) working days of receipt of the request, where practicable. Summary materials regarding the Consolidated Plan and/or Annual Action Plan, amendments and Performance Reports shall be available without charge. A reasonable number of free copies of the entire Consolidated Plan shall be made available to citizens and groups upon request. Photocopier charges and miscellaneous charges for other related services and materials shall be assessed in accordance with the City's Administrative Policies. Technical Assistance Technical assistance shall be provided to groups representative of persons of low and moderate income that request such assistance in developing proposals for funding under any of the activities covered by the Consolidated Plan. The level and type of assistance provided shall be on a case -by -case basis as determined by the City Manager or his or her designee and shall be subject to budgeted resources authorized by the City Council. Activity Promotion After the adoption of each Annual Action Plan by the City Council, activities funded in the plan shall be actively promoted to ensure full access to and utilization of funds as budgeted. The Housing and Community Development Department shall have primary responsibility for activity promotion; however, other City departments and subrecipients shall be responsible for ensuring reasonable and timely promotion and access to the projects, programs and services made possible by CDBG and other HUD funding. Section VI. Complaints Complaint Procedure Citizen complaints related to the Consolidated Plan, amendments and/or Performance Report shall be handled in the following manner: a) The Director of the Housing and Community Development Department shall accept complaints at any time during the course of the CDBG program year. Although verbal complaints will be accepted, only written complaints will be responded to in writing. b) Written complaints, filed in writing, either electronically via the City's web site, or on paper by mail, fax, or e-mail, shall contain a concise statement of the complaint and an explanation of the action desired. The form attached to this Citizen Participation Plan may be used as a template for complaint(s). c) Complaints shall be investigated and responses to written complaints shall be made within fifteen (15) working days after a complaint is received. d) Copies of the complaint and the response shall be forwarded to the City Manager and the Community Development Advisory Commission. Should the complainant not be satisfied with the response, the aggrieved person(s) shall: e) File the complaint with the City Manager, City Hall, 50 W. 13th Street, Dubuque, Iowa 52001. Complaints must be received by the City Manager within one (1) year of the alleged occurrence. f) Complaints shall be filed in writing and shall contain a concise statement of the complaint, an explanation of the action desired and the reason for dissatisfaction with the initial response. g) The City Manager shall forward the complaint to the Community Development Advisory Commission. h) The Community Development Advisory Commission shall, at its next regularly scheduled meeting, set a date for a hearing. The aggrieved person(s) shall be notified in writing of the time and place of the hearing. If a complaint is resolved prior to the date of the hearing, the aggrieved person(s) shall request in writing that the complaint be withdrawn. i) The Community Development Advisory Commission shall conduct a hearing to review the filed complaint. The hearing shall be open to the public. The aggrieved person(s) may appear in person, by agent or by attorney. All persons wishing to appear before the Commission shall have an opportunity to be heard. Minutes shall be kept of the proceedings of the hearing. j) The Community Development Advisory Commission shall forward its recommendation, in writing, to the City Manager within ten (10) working days following the hearing. k) The City Manager shall receive and review the recommendation of the Community Development Advisory Commission and shall respond to the aggrieved person(s) within ten (10) working days of the receipt of the recommendation. The Community Development Advisory Commission shall be advised of the action of the City Manager. Standards for Review The Community Development Advisory Commission, in its review of the complaint, shall be guided by standards set by HUD under Title I of the Housing and Community Development Act of 1974, as amended, the Code of Ordinances of the City of Dubuque, Iowa and the City's Administrative Policies. Opportunity for Appeal If the aggrieved person(s) is unsatisfied with the response of the City Manager, an appeal may be made to the City Council. Such an appeal shall be filed, in writing, with the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa 52001. The appeal shall be forwarded by the City Clerk to the City Council. The Council may, at its discretion, hold a hearing to consider the concerns of the aggrieved person(s). Upon the completion of their review of the appeal, the City Council shall move to 1) accept the response of the City Manager; or 2) modify the response of the City Manager; or 3) return the complaint to the City Manager for further review. If the outcome of such an appeal is unsatisfactory, the aggrieved person(s) may file a written appeal with HUD. Correspondence with HUD should be directed to the Community Planning and Development Division, Omaha Office Region VII, Executive Tower, 10909 Mill Valley Road, Omaha, Nebraska, 68154-3955. 0 COMPLAINT FORM City of Dubuque Housing and Community Development Department 250 West 6t" Street, Suite 312 Dubuque, IA 52001 PLEASE PRINT OR TYPE 1. Name of Person or Organization Submitting Complaint(s) Name: Address: Phone #: E-Mail Address: 2. Nature of Complaint Please summarize briefly the facts and the desired action or response. If you need more space for additional details, you may attach additional page(s). If your complaint is against an individual, please include that person's name. 3. Previous Action Have you expressed your complaint to any person at Housing & Community Development Department verbally? Who was that person? Have you expressed your complaint to any member of the Citizens Advisory Committee? Who was that person? 4. 1 have read this complaint, including any attachments, and it is true and correct to the best of my knowledge, information and belief. Signature 10 Date Section VII. Anti -Displacement and Relocation Assistance Plan It is the policy of the City to comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (URA); the government -wide URA regulations at 49 CFR Part 24, revised section 104 (d) of the Housing and Community Development Act of 1974, as amended; and the final rule at 24 CFR 570.606. As required under section 104 (d) of the Act, the City will follow a residential anti -displacement and relocation assistance plan providing one -for -one replacement of units [(570.606 (c)(1)]. Consistent with other goals and objectives of the CDBG, HOME, and other funds made available through HUD, the City will comply with its Anti-Displacement/Relocation Policy to minimize the displacement of persons from their homes as a result of any activities assisted under the programs. Relocation assistance will be provided to each low/moderate income household displaced by the demolition of any housing unit or by the conversion of a low/moderate income dwelling to another use, occurring as a direct result of assisted activities. Persons will be provided assistance as described in 570.606(c)(1) or as described in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. A copy of the Local Anti -Displacement and Relocation Policy can be obtained from the City of Dubuque Housing & Community Development Department. Section Vill. Amendments to Citizen Participation Plan This Plan may be amended after review and approval by the Community Development Advisory Commission and forwarded to the City Manager. The City Manager shall forward his or her recommendation to the City Council, along with the Commission's recommendation, for final action. The City Council shall adopt this Plan by Resolution. All amendments shall be consistent with the requirements of HUD. 11