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Signed Contract_Subaward Agreement with the Dubuque County Board of Health for the Childhood Lead Poisoning Prevention ProgramCity of Dubuque City Council Meeting Consent Items # 016. Copyrighted September 3, 2024 ITEM TITLE: Signed Contract(s) SUMMARY: Subaward Agreement with the Dubuque County Board of Health for the Childhood Lead Poisoning Prevention Program. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Childhood Lead Poisoning Prevention Program Type Supporting Documentation Public Health couNI. 0 It UnityPoint Health ova Visiting Nurse Association SUBAWARD AGREEMENT Awarding Agency: Iowa Department of Health and Human Services Award Number: 5884LP03 Assistance Listing (CFDA): 93.898 Award Date: 6/27/24 Subaward Number: DBQ-31-25-CLPPP Pass -Through Entity (PTE): Subrecipient: The Dubuque County Board of Health City of Dubuque Health Department UEI #: J6LXFF4ZKYJ3 UEI #: TLJMHPVMMUD3 Subaward Budget Period Start date: 7/1/2024 End date: 6/30/2025 Period of Performance Start date: 7/1/2024 End date: 6/30/2025 Amount of funds obligated by this action: $10,000 Total amount of funds obligated to the subrecipient: $10,000 Total amount of funds committed to the subrecipient: $10,000 Project Title: Childhood Lead Poisoning Prevention Program Is Project for Research & Development? ■ Yes © No 1. Purpose. The purpose of this Agreement is to set forth the terms and conditions under which Dubuque County Board of Health ("County") will provide FY25 Childhood Lead Poisoning Prevention Program Grant funding ("Subaward") to The City of Dubuque Health Department ("Subrecipient") for provision of services described in the contract for the FY25 Childhood Lead Poisoning Prevention Program. This Agreement shall be construed and enforced in accordance with the laws of the State of Iowa and federal regulations. Subrecipient's performance under this Agreement is subject to the applicable requirements published in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 of the United States Code of Federal Regulations (C.F.R.) part 200 hereinafter referred to as the "Uniform Guidance." 2. Term of Agreement. This Agreement shall be effective upon full execution by the Parties (the "Effective Date") and shall terminate upon 1) completion of the project, 2) exhaustion of subaward funds, 3) termination, or 4) 6/30/25. 3. Grant Funding. The Subrecipient shall use the Subaward solely for childhood lead childhood lead poisoning prevention program within the community. The County agrees to provide up to $10,000. The County shall pay the Grant Funds to the Subrecipient under a reimbursement of expenditures method. All funds to be exhausted by 6/30/2025. FY25 BOH DBQ- Childhood Lead Poisoning Prevention Program_Non-Federal_DRAFT Page 11 4. Reporting and Invoicing. The Subrecipient is required to meet all reporting requirements as set forth in the contract terms of the grant listed above. Requests for the supporting documentation for these reports may be requested by Dubuque County. Due dates for reports are found within the grant contract. Invoices and reports shall be submitted to: State of Iowa Department of Health and Human Services Consistent with Uniform Guidance (2 C.F.R. §200.328), the Subrecipient shall provide the County with quarterly reports and a close-out report. These reports shall include the status and progress by the Subrecipient and all subcontractors in completing the work and the expenditure of funds under this Agreement, in addition to any other information requested by the County. The County may request additional information from the Subrecipient, as needed, to meet any additional guidelines regarding the use of federal funds that may be established by the awarding agency during the scope of this Agreement. As required by Uniform Guidance (2 C.F.R. §200.415(a)), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Subrecipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." 5. Monitoring. Subrecipient shall permit the County to monitor the Subrecipient, including: a. Reviewing financial and progress reports required by the County. b. Following -up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies pertaining to the Subaward provided to the Subrecipient from County detected through audits, on -site reviews, and other means. c. Issuing a management decision for audit findings pertaining to the Subaward provided to the Subrecipient from the County as required by 2 C.F.R. §200.521 Management decision. Subrecipient shall monitor its performance under this Agreement, as well as that of its lower level subrecipients, contractors, consultants, etc. who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the scope of work is being accomplished within the specified time periods, and other performance goals are being achieved. 6. Maintenance of and Access to Records The Subrecipients shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review, and audit by the County or its designees, the State, and the Federal Awarding Agency for a period of 5 years beyond the end date of the Agreement, whichever is later. If it is determined during the audit that the Subrecipients were reimbursed for unallowable costs under this Agreement or any, the Subrecipients agree to promptly reimburse the County for such payments upon request. Records shall be retained beyond the prescribed period if any litigation or audit is begun or if a claim is instituted involving the grant or agreement covered by the records. In these instances, the records shall be retained until the litigation, audit or claim has been fully resolved. 7. Pre -award Costs FY25 BOH DBQ- Childhood Lead Poisoning Prevention Program_Non-Federal_DRAFT Page 12 Pre -award costs, as defined in 2 CFR 200.458, may not be paid with funding from this award. 8. Closeout. The close-out report is due ninety (90) days after termination of this Agreement or ninety (90) days after completion of the activities contained in this Agreement, whichever first occurs. Each party's obligation to the other shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to making final payments, disposing of program assets, (including the return of unused materials and equipment as required herein, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. The terms of this Agreement shall remain in effect during any period that the Subrecipient has control over federal funds. The County will close out the award when it determines that all applicable administrative actions and all required work of the Agreement have been completed. 9. Events of Default. The occurrence of any one or more of the following events shall constitute cause for either party to declare the other in default of its obligations under this Agreement: a. A breach of any term of this Agreement. b. A material failure of the Subrecipient to make substantial and timely progress toward performance of the Agreement. c. Failure to comply with applicable federal, state, and local laws, rules, ordinances, regulations, guidance, and orders when performing with the scope of this Agreement. d. Any report required by this Agreement have not been submitted to the County or have been submitted with incorrect, incomplete, or insufficient information. e. Engaging in conduct that has or may expose the other Party to liability. 10. Notice of Default. The County shall issue a written notice of default providing therein a thirty (30) day period in which the Subrecipient shall have an opportunity to cure, provided a cure is possible and feasible. If, after opportunity to cure, the default remains, the County may exercise any one or more of the following remedies outlined in section 11, either concurrently or consecutively. 11. Remedies. If an Event of Default occurs, the County may: a. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from Subrecipient to determine the reasons for the extent of non-compliance or lack of performance. ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected. iii. Advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activity in question. b. Temporarily withhold cash payment pending correction of the deficiencies. c. Disallow all or part of the cost of the activity or action not in compliance. d. Require that the Subrecipient refund to the County any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. FY25 BOH DBQ- Childhood Lead Poisoning Prevention Program_Non-Federal_DRAFT Page 13 e. Recommend suspension or debarment proceedings by U.S. Treasury. f. Terminate this agreement, provided that the Subrecipient is given at least thirty (30) days prior written notice of the termination. 12. Termination. The County may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Subrecipient to permit public access to any document, paper, letter, or other material. The County may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Subrecipient with thirty (30) calendar day prior written notice. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. 13. Procurement. The Subrecipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards") of the Uniform Guidance. 14. Conflicts of Interest. The subrecipient understands and agrees it must maintain a conflict -of -interest policy consistent with 2 C.F.R. §200.318 (c) and that such conflict -of -interest policy is applicable to each activity funded under this award. Subrecipient must disclose in writing to the U.S. Treasury or through the County as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §200.112. Subrecipient agrees that it has no interest and shall not acquire any interest direct or indirect which would conflict in any manner or degree with the performance of the work and services under this Agreement. 15. Modification. Neither this Agreement nor any documents incorporated by reference in connection with this Agreement may be changed, waived, discharged, or terminated, except in writing with the consent of both parties. 16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 17. Notices Whenever this Agreement requires or permits any notice or written request by one party to another, it shall be in writing, enclosed in an envelope, addressed to the party, and mailed via US mail. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or two (2) business days after posting. The County will relay the mailing and email addresses of the Subrecipient as set forth heretofore, as modified from time to time. 18. Defense and Indemnification. Subrecipient agrees to defend, indemnify, and hold the County, its officers, officials, employees, agents, and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses, including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Subrecipient, its officers, directors, employees, and/or agents relating to the Subrecipient's performance or failure to perform under this Agreement. This section shall survive the expiration or termination of this Agreement. FY25 BOH DBQ- Childhood Lead Poisoning Prevention Program_Non-Federal_DRAFT Page 14 19. Severability The parties acknowledge and agree that if any paragraph, provision, or term of this agreement is deemed illegal or void by any court or any other appropriate authority, the remaining provisions of this agreement shall remain in full force and effect. 20. Status of Subrecipient. Nothing in this contract constitutes an employment relationship between the Subrecipient staff and the County. Subrecipient staff are not eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan offered to employees of the County. Nothing in this contract prevents Subrecipient staff from working with others during the length of this Agreement. Subrecipient shall determine the method, details, and means of performing the work and services to be provided by Subrecipient under this Agreement. Subrecipient shall be responsible to County only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to County's control with respect to the physical action or activities of Subrecipient in fulfillment of this Agreement. Subrecipient has control over the manner and means of performing the services under this Agreement. Subrecipient is permitted to provide services to others during the same period service is provided to County under this Agreement. 21. Assignment. Subrecipient agrees that this Agreement nor any of the rights, interest, or obligations in it shall be assigned by Subrecipient either whole or in part without the prior written consent of the County. 22. Entire Agreement. This agreement constitutes the entire agreement between the parties and shall be binding upon true successors and assignees of the parties to this agreement. 23. Compliance with Applicable Laws and Regulations. The Subrecipient declares that to its best knowledge, it has complied with all federal, state and local laws regarding business permits and licenses that may be required to carry out the work to be performed under this Agreement. The Subrecipient and its employees shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations, and orders when performing the services under this Agreement, including but not limited to all of the following: a. Provisions outlined in 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. b. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25 and pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. c. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. d. OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non procurement), 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. e. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. FY25 BOH DBQ- Childhood Lead Poisoning Prevention Program_Non-Federal_DRAFT Page 15 f. Government -wide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. g. New Restrictions on Lobbying, 31 C.F.R. Part 21. h. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.0 §§ 4601-4655) and implementing regulations. i. Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. J• Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance. ii. The Fair Housing Act, Title VIII-IX of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, national origin, sex, familial status, or disability. iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicap under any program or activity receiving or benefitting from federal assistance. iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. The Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 24. Publications. Subrecipient agrees that any publications produced with funds from this award must display the following language: "This project is being supported, in whole or in part, by federal award number 5884TS40 awarded to Dubuque County by the Iowa Department of Health and Human Services." (awarding agency) 25. Protections for Whistleblowers. In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or otherwise discriminate against an employee as a reprisal for disclosing information to any of the list of persons or entities provided below that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes: a. A member of Congress or a representative of a committee of Congress; FY25 BOH DBQ- Childhood Lead Poisoning Prevention Program_Non-Federal_DRAFT Page 16 b. An Inspector General; c. The Government Accountability Office; d. A Treasury employee responsible for contract or grant oversight or management; e. An authorized official of the Department of Justice or other law enforcement agency; f. A court of grand jury; or g. A management official or other employee of Dubuque County, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. Subrecipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 26. Seat Belt Use. Dubuque County encourages the Subrecipient to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company owned, rented, or personally owned vehicles. 27. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 1, 2009), Dubuque County encourages the Subrecipient to adopt and enforce policies that ban text messaging while driving and to establish workplace safety policies to decrease accidents caused by distracted drivers. 28. Certification Regarding Government -Wide Restrictions on Lobbying. The Subrecipient certifies, to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any Contractor, 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 grant, agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Sub -Grant Agreement, and the extension, continuation, renewal, amendment, or b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Subrecipient, a Member of Congress, an officer or employee, or an employee of a Member of Congress in connection with this Agreement, the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Federal Lobbying" in accordance with its instruction. 29. Eligibility. Subrecipient certifies that neither it nor its principals is/are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Agreement by any Federal department or Contractor. 30. Acknowledgements. The parties acknowledge and agree that they have carefully read and have had an opportunity to review with legal counsel all the provision of this Agreement, that they completely understand the terms and conditions as set forth in the Agreement, and that they have voluntarily executed this Agreement of their own free will, act, and deed. Each party signing below warrants to the other party, that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. FY25 BOH DBQ- Childhood Lead Poisoning Prevention Program_Non-Federal_DRAFT Page 17 IN WITNESS WHEROF, this Agreement is executed and shall become effective as of the last date signed below: Dated this 19th day of August, 2024. BOARD OF HEALTH DUBUQUE COUNTY, IOWA Authorized Representative SUBRECIPIENT: The City of Dubuque Health Department Authorized Represdntative FY25 BOH DBQ- Childhood Lead Poisoning Prevention Program_Non-Federal_DRAFT Page 18