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Contract for Services Between the City of Dubuque and Greater Dubuque Housing Trust FundCity of Dubuque City Council ACTION ITEMS # 2. Copyrighted December 15, 2025 ITEM TITLE: Contract for Services Between the City of Dubuque and Greater Dubuque Housing Trust Fund SUMMARY: City Attorney recommending City Council approval of the attached Contract for Services with the Greater Dubuque Housing Trust Fund and authorize the City Attorney to execute the agreement on behalf of the City. RESOLUTION Authorizing Execution Of Contract For Services Between The City Of Dubuque And Greater Dubuque Housing Trust Fund SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. CB Memo 2. LHTF Contract for Services - Staff Memo 3. LHTF Contract for Servics - Resolution 4. Final GDHTF City Services Agreement Page 931 of 1019 THE CITY OF Dubuque DuBE uFA�a9a av Masterpiece on the Mississippi rP PP zoo�•*o 13 2017202019 TO: The Honorable Mayor and City Council Members FROM: Crenna Brumwell, City Attorney SUBJECT: Contract for Services Between the City of Dubuque and the Greater Dubuque Housing Trust Fund DATE: December 9, 2025 Interim Housing & Community Development Director Sandi Fowler is recommending City Council approval of the attached Contract for Services with the Greater Dubuque Housing Trust Fund and authorize the City Attorney to execute the agreement on behalf of the City. I concur with the recommendation and respectfully request Mayor and City Council approval. CB:sv Attachment cc: Cori Burbach, Assistant City Manager Sandi Fowler, Interim Housing & Community Development Director Maddy Haverland, Urban Development and Housing Rehabilitation Project Manager Page 932 of 1019 THE COF DUi! B E Masterpiece on the Mississippi TO: FROM: SUBJECT: DATE: Introduction Crenna Brumwell, City Attorney Dubuque *AneM app 2007*2012.2013 2017*2019 Sandi Fowler, Interim Housing and Community Development Department Director Contract for Services Between the City of Dubuque and the Greater Dubuque Housing Trust Fund December 9, 2025 This memorandum transmits the Contract for Services between the City of Dubuque Housing and Community Development Department and the Greater Dubuque Housing Trust Fund. Background The City of Dubuque established a Local Housing Trust Fund (LHTF) over 30 years ago to address affordable housing and meet the needs of the city's low- and moderate - income residents. The primary role of the Local Housing Trust Fund has been to increase affordable housing, assist first-time homebuyers with down payments and closing costs, rehabilitate affordable housing, and invest in neighborhood revitalization. The LHTF is certified by the Iowa Finance Authority (IFA) and the primary funding source for projects is pass -through funds from the State Housing Trust Fund. Dubuque is an entitlement community, and has received an average of $207,000 annually over the last 5 years. Additionally, the City provides a 25% local match for each annual grant through Greater Downtown TIF funds. Discussion Although the City of Dubuque Local Housing Trust Fund has been in existence for several decades, the structure of the LHTF does not fit within IFA's current certification requirements. It is best practice for LHTFs to be a certified nonprofit entity and have a standalone Board of Directors that makes funding decisions. This Board must be comprised of no more than 50% of individuals from local government/public officials. One of the greatest benefits LHTFs bring to their communities is the ability to fundraise as a nonprofit entity, and to leverage multiple funding sources to address affordable Page 933 of 1019 housing issues in their communities. With the current governance structure under the City of Dubuque, it creates complexities with fundraising and potentially limits the impact of the LHTF. In September 2024, City of Dubuque Housing Department staff approached the Community Foundation of Greater Dubuque about their capacity and interest in transferring governance of the Local Housing Trust Fund to their organization. Since that time, staff from the City, Community Foundation, and IFA have been working together to certify a new governing body for the LHTF that fits IFA's certification requirements. The Greater Dubuque Housing Trust Fund (GDHTF) was created, and two members of the City's Local Housing Trust Fund Advisory Committee are on the Board of Directors of this new nonprofit. While the GDHTF applies for their charitable organization status through the IRS, they will operate under the umbrella of the Community Foundation as the grantee for the IFA LHTF grants. Staff from the City of Dubuque's Housing Department have managed the IFA LHTF grants for many years, investing millions of dollars into housing creation and stabilization. To continue operations and spend the IFA grants in a timely manner, the GDHTF and City of Dubuque have proposed to enter a Contract for Services. Housing staff will continue to operate programs funded through LHTF dollars, although the grantee will now be the GDHTF. Recommendation I respectfully request the City Council approve the attached Contract for Services with the Greater Dubuque Housing Trust Fund and authorize the City Attorney to execute the agreement on behalf of the City. Prepared by: Maddy Haverland, Urban Development and Housing Rehabilitation Project Manager Page 934 of 1019 Prepared by Maddy Haverland, Urban Development and Housing Rehabilitation Project Manager, 350 W. 6'h St, Dubuque, IA 52001, (563) 690-6102 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 402-25 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT FOR SERVICES BETWEEN THE CITY OF DUBUQUE AND GREATER DUBUQUE HOUSING TRUST FUND Whereas, The Greater Dubuque Housing Trust Fund is a certified nonprofit entity operating with an independent Board of Directors under the charitable status of the Community Foundation of Greater Dubuque; and Whereas, the Greater Dubuque Housing Trust Fund primarily focuses on affordable housing in the Dubuque community; and Whereas, the Greater Dubuque Housing Trust Fund wishes to enter a contract for services with the City of Dubuque to administer programming on their behalf; and Whereas, the City of Dubuque has capacity for project administration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Contract for Services between the Greater Dubuque Housing Trust Fund and City of Dubuque be executed effective January 1, 2026. Section 2. That the City Attorney of the City of Dubuque is hereby authorized to execute said Contract. Passed, approved, and adopted this 15th day of December 2025. Attest Adrienne Breitfelder, dity Clerk rad NC C �ana h, ayor CONTRACT FOR SERVICES BETWEEN GREATER DUBUQUE HOUSING TRUST FUND (GDHTF) AND CITY OF DUBUQUE HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT SECTION 1 Background and Purpose The Greater Dubuque Housing Trust Fund (GDHTF) is a stand-alone 501(c)(3) agency that has been certified by the Iowa Finance Authority (IFA) as a local housing trust fund eligible to receive funds from the State Housing Trust Fund (SHTF) for the purpose of providing needed housing services to the citizens of the city of Dubuque, Iowa. The City of Dubuque Housing and Community Development Department (HCDD) is a department of a public, municipal government that provides housing -related and community development services within the incorporated city limits of Dubuque, Iowa. The purpose of this agreement is to secure the contractual services of HCDD to provide professional staffing services for the GDHTF work with the citizens of the City of Dubuque. Services shall be provided as outlined in the Scope of Work. SECTION 2 Scope of Work The City of Dubuque HCDD shall provide professional administrative staffing services for the GDHTF for SHTF funded work with the citizens of Dubuque. The professional staffing services shall, in general, include- - Assistance writing the annual Local Housing Trust Fund grant application to be submitted to IFA; - Provide financial support, accounting and billing services and IFA reports for costs directly related to the SHTF grant funds received annually from IFA. This will include completion or submission of required or requested IRS documents. Audit requirements, as established by IFA, will be met through the City of Dubuque's annual audit; - Provide project and contract management, including contract compliance monitoring for pass -through projects that are funded with dollars received from the SHTF through IFA and all associated Program Income; - Assist with Requests for Proposal (RFP) development, review, and project management of special projects; - Track service delivery and project management data in the City of Dubuque's Neighborly Software; - Provide loan servicing for all existing, and if requested new, loans funded by SHTF dollars received from IFA and associated Program Income; Page 936 of 1019 - Ensure ongoing and timely communication to the GDHTF Board Members; - Strategically collaborate with the GDHTF to braid funds with other Federal and non -Federal funding sources, as awarded to the City of Dubuque government, to maximize assistance for eligible households and projects and enhance the impact of GDHTF funds; - Prepare summaries, statements, and/or documents on policies and initiatives identified by the Board. - Utilize the City's technology to send public notice, post meeting agendas, and meeting minutes to comply with Iowa Open Meetings Law. The GDHTF is responsible for providing the notice, agenda, and minutes to the City within the required timelines for posting. If either party deems it necessary, a more detailed and specific list of services may be negotiated and attached as Exhibit A to this Agreement. The City of Dubuque HCDD shall be consulted on all programmatic proposals from the GDHTF that may impact HCDD staff capacity. SECTION 3 Service Cost and Method of Payment The City of Dubuque HCDD shall provide professional staffing services as outlined in Section 2 as eligible expenses under the "Rehabilitation Administration" duties funded by Community Development Block Grant support staff. Activities that are not eligible as "Rehabilitation Administration" shall be billed to the GDHTF at an agreed upon hourly rate, not to exceed the maximum amount of administrative funding allowed by each IFA grant award. The GDHTF shall pay the cost of two (2) User Licenses for a software chosen by the HCDD staff to track projects and maintain the loan portfolio. The annual estimated cost for this service is approximately $5,500. It is reasonable and logical to conclude that User License renewal rates for the software may increase annually, and that standard increases shall not require review and approval from the LTHF to be expensed as part of this contract. The HCDD shall invoice the GDHTF at the time of annual licensing for these costs. The HCDD shall incur all up -front costs for programming, including the actual assistance, appraisal fees, survey and environmental fees, recording, licensing, inspection, permit, and legal fees, and other charges in connection with the administration of the projects and activities funded with grant dollars provided by IFA and all associated Program Income. All costs related to personal property improvement, and loan qualification for said improvements, shall be included in the loans to the owner of such property or paid at the time of loan closing. Page 937 of 1019 Reimbursement and Draw Requests The City of Dubuque HCDD shall prepare and submit funding draw requests for all services rendered no less frequently than quarterly. Draw requests shall be submitted to the GDHTF for approval and submittal to IFA. Concurrently, the HCDD shall submit an invoice to the GDHTF for reimbursement of all expenses incurred for GDHTF projects and related administration. The GDHTF shall remit payment within 30 days of receipt of invoice. Applicability of Grants This Contract shall be applicable to the IFA grants awarded to the City of Dubuque GDHTF as follows: • For fall Open Awards at the time of transition, the funds shall be turned over to the GDHTF for IFA drawdowns. The Parties acknowledge the 2026 and subsequent applications for IFA Local Housing Trust Fund grant funds shall be prepared and submitted by the GDHTF. SECTION 4 Additional Provisions Termination. This Contract for Services (Contract) may be terminated by either the GDHTF or City of Dubuque HCDD by submitting written notice of termination, delivered in a verifiable format, no less than thirty (30) days prior to the date of termination. The HCDD shall receive reimbursement for all services provided through the date of termination if termination is by GDHTF. Amendment. Any changes to this Contract shall be made by mutual agreement of the parties and in writing. Amendments shall be approved by the GDHTF Board of Directors and the Dubuque City Council, or designee as appointed by the City Council. The provisions of the amendment shall be in effect as of the date of the amendment unless otherwise specified in the amendment. Amendments shall be identified chronologically by number. Assignment. Neither party may assign, subcontract, or delegate its obligations under this Contract without the written consent of the other, Severability. Invalidation or unenforceability of one or more provisions of this Contract shall not affect any other provision of this Contract. If possible, any unenforceable provision within this Contract shall be modified to reflect the parties' original intention. Record Retention. To the greatest extent practicable, all records and documents created in the execution of this Contract shall be retained by both parties and readily available to the other through electronic or other means. In all cases, all records in the possession of Page 938 of 1019 the parties pertaining to this Contract shall be retained by the parties for a period of five (5) years beginning upon the date upon which the final report is submitted for the IFA grant from which the funds were disbursed. For the purposes of this paragraph, the term "records" means legal documents, contracts, financial records, or any other document upon which the financial statements are based, in whole or in part. Liability. The GDHTF shall indemnify and hold harmless the City of Dubuque and its officers and employees from suits, actions, or claims of any character brought for or on account of any injuries or damages sustained by any person or to any property resulting from the negligent acts or omissions by the GDHTF, its officers, agents, employees, or grant recipients or which arise out of the performance of this Contract by the GDHTF, it officers, agents, or employees or grant recipients responsible for carrying out the terms of this Contract. The City shall indemnify and hold harmless the GDHTF and its officers and employees from suits, actions, or claims of any character brought for or on account of any injuries or damages sustained by any person or to any property resulting from the negligent acts or omissions by the City, its officers, or employees which arise out the performance of this Contract by the City, its officers, or employees. Insurance The City of Dubuque shall maintain its membership in the Iowa Communities Assurance Pool (ICAP) during the term of this Agreement. The GDHTF shall maintain insurance in compliance with City Insurance Schedule G attached as Exhibit B. Notices. Any notice required or permitted by this Contract shall be in writing and sent to the following physical or e-mail address of the individual representing each party: City of Dubuque Housing & CD Department Greater Dubuque Local Housing Trust Fund Attn: Housing Director Attn: Board President 350 W. 6t" Street, Suite 312 700 Locust St. #195 Dubuque, IA 52001 Dubuque, IA 52001 sfowler(aD,cityofdubug ue.org nancy(a�dbgfoundation.org SECTION 5 Agreement and Effective Dates Be it resolved by the Parties hereto, that this Contract is hereby approved, executed, and stipulated as follows. Effective Dates. This agreement shall become effective on January 1, 2026, and shall remain in effect until this agreement is replaced, repealed, amendments are approved by both parties, or until either party gives a 30-day written notice of Termination as outlined in Section 4. Page 939 of 1019 SIGNED: 9L'l9:I President, Greater Dubuque Housing Trust F d Bo la l� SIGNED: j DATE: Cr nria Brumwell, City Attorney EXHIBIT A LIST OF SERVICES Page 941 of 1019 EXHIBIT B INSURANCE SCHEDULE G 1. GDHTF shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Vendor Service Agreement dated 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. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 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 referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The service provider must identify or list in writing all deviations and exclusions from the ISO form. 8. If GDHTF limits of liability are higher than the required minimum limits then the GDHTF's limits shall be this agreement's required limits. 9. GDHTF shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. GDHTF agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the GDHTF. 10. GDHTF shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number, and email address. 12. 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. 13. 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 written mutual agreement attached hereto. Page 942 of 1019 A) B) INSURANCE SCHEDULE G (continued) EXHIBIT I 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 ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) 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 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others endorsement. 7) 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 13th Street Dubuque, Iowa 52001. 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 943 of 1019 INSURANCE SCHEDULE G (continued) If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation Insurance, the Vendor 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. C) POLLUTION LIABILITY Coverage required: —Yes X No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured 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 10. (Ongoing operations) or its equivalent and CG 20 37(competed operations). 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. D) PROFESSIONAL LIABILITY $1,000,000 Coverage required: Yes X No 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. E) CYBER LIABILITY/BREACH $1,000,000 Coverage required: _Yes X No Page 944 of 1019 INSURANCE SCHEDULE G (continued) Coverage for First and Third Party breach liability including but not limited to lost data and restoration, loss of income and cyber breach of information. F) UMBRELLA/EXCESS $1,000,000 Coverage required: _ Yes X No The General Liability, Automobile Liability and Employer's Liability 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. Page 945 of 1019 INSURANCE SCHEDULE G (continued) 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 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. Page 946 of 1019