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Washington Neighborhood Tool Library (CDBG)CITY OF DUBUQUE, IOWA AND WASHINGTON NEIGHBORHOOD TOOL LIBRARY FY 13 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Agreement THIS AGREEMENT, executed on the day of 2012 is entered into by and between the City of Dubuque, Iowa, a municipal corporation organized and existing under the laws of the State of Iowa (Recipient) and Washington Neighborhood Tool Library, with its principal place of business in Dubuque, Iowa (Subrecipient). Whereas, Recipient is a participating city in the Community Development Block Grant (CDBG) Program of the United States Department of Housing and Urban Development; and Whereas, Recipient wishes to engage Subrecipient to assist Recipient in providing services to low -and moderate- income persons. NOW THEREFORE, in consideration of the premises and respective covenants, agreements and representations hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES: Subrecipient shall: a. Provide a program of services to eligible residents of the City of Dubuque in a manner satisfactory to Recipient and consistent with all standards required as a condition of providing these funds. Such program will include the following activities eligible as a public service under the Community Development Block Grant (CDBG) Program: 1) Lend, without charge, a variety of tools for the purpose of improvement or rehabilitation of residential property for low - and moderate - income households. The Tool Library shall continue to increase, when deemed necessary, its inventory of tools in order to provide a wider range of tools for use. 2) Maintain documentation on the number of users, tools borrowed and purchased. Borrowers must present a Tool Library card issued by the Washington Tool Library prior to obtaining tools. 3) Administer the Tool Library operation, including the registration of borrowers of tools by assisting residents in completing an annual eligibility form verifying income status and by issuing a Tool Library card prior to borrowing tools. 1 b. The City Council goals and priorities are attached hereto as Exhibit A. II. National Objective Subrecipient certifies and maintains documentation that the activities carried out with funds provided under this Agreement will meet the CDBG program's National Objectives as stated in Section 570.208(a) (2): An activity which benefits a limited clientele, at least 51 percent of whom are low -and moderate - income persons. HUD requires information on family size, household income, ethnic origin and female head of household. (Exhibit C lists the income guidelines) III. Project Budget The total compensation to be paid to Subrecipient by Recipient for the services shall in no event exceed the sum of $11,284 for the program as described in Section 1. Any indirect costs charged must be consistent with the conditions of Section II (C) (3) of the attached Exhibit B, Standard Requirements. In addition, Recipient may require a more detailed budget breakdown, and Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by Recipient. The Recipient and Subrecipient must approve any amendments to this Agreement in writing. IV. Dates of Commencement and Completion The services to be provided under this Agreement shall be commenced on July 1, 2012 and shall be completed not later than June 30, 2013. Recipient's right to enforce the terms of this Agreement shall be extended to cover any additional time during which Subrecipient remains in control of CDBG funds or other assets including program income. V. Agreement Documents and Provisions Subrecipient shall perform or arrange for the provision of services under this Agreement in the manner and time provided herein and in accordance with the Community Development Block Grant Program, including the Standard Requirements in Exhibit B and Income Guidelines in Exhibit C herein attached and a part of this agreement. VI. Payment a. It is expressly agreed and understood that the total amount to be paid by Recipient to Subrecipient under this Agreement shall not exceed the amount stated in Section III of this Agreement. Such amount shall constitute complete compensation for all services to be rendered, including expenses for the operation of the physical structure and the cost in purchasing and maintaining tools. Such amount shall be paid upon written request on the Request for Payment form, with proof satisfactory to the recipient of expenses. Drawdowns for payment of eligible expenses are reimbursement only. b. All donations received from individuals using tools from the Washington Tool Library shall be considered program income. As program income, the donations shall be used to offset expenses of the program prior to requesting additional CDBG funds. c. Payment shall be supported by documentation provided by Subrecipient of costs incurred for services provided pursuant to this Agreement. d. Payments are be contingent upon certification of Subrecipient's financial management system in accordance with the standards specified in OMB Circular A -110, the provisions of which are available in the office of Recipient. VII. Insurance At the time of execution of this Agreement by Subrecipient, Subrecipient shall provide to Recipient copies of Subrecipient's insurance certificates showing general liability, automobile liability, and workers compensation insurance coverage to the satisfaction of Recipient for the term of this Agreement. VIII. Reporting and Monitoring Subrecipient shall render to Recipient a quarterly written report detailing its activities, number of low -and moderate - income persons borrowing tools at the Washington Neighborhood Tool Library, number of tools borrowed, and other information required by the CDBG regulations to document participants are low -and moderate - income. Quarterly reports shall be submitted no later than the 15th of the month in October, January, April and July. Subrecipient shall submit a measurable performance outcome for the funded activity when submitting the quarterly report, as follows: The program shall provide 500 low /moderate income persons with access to affordable housing through services which assist in providing decent affordable housing Subrecipient shall be subject to at least one site visit by personnel of Recipient, or a designee of Recipient or duly authorized federal officials, for the purpose of monitoring Subrecipient's delivery of services and compliance with terms of the agreement and federal standards that pertain to federally funded grant activities. Income verification of the participants as provided on the Participant Report, if applicable, shall be provided for review at the time of monitoring. Review may include accounting books and records for financial management and documentation of program costs. The reviewers shall have access to and the right to examine, audit, excerpt and /or transcribe any of Subrecipient's records pertaining to all matters covered by this Agreement. Subrecipient shall be subject to 3 subsequent site visits to review correction of any deficiencies in compliance. Recipient shall monitor the performance of Subrecipient against goals and performance standards required herein. Substandard performance as determined by Recipient shall constitute noncompliance with this agreement. If action to correct such substandard performance is not taken by Subrecipient within a reasonable period of time after being notified by Recipient, contract suspension or termination procedures shall be initiated IX. Termination of Agreement This Agreement may be terminated by either party by giving the other party a written, ninety (90) day notice of such termination or upon such other terms as may be mutually agreeable. If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Agency of such termination not less than five (5) days before the effective date of such termination. X. Notices Communication and details concerning this Agreement shall be directed to the following agreement representatives: Recipient Subrecipient Aggie Tauke Attention: Community Development Specialist Tom Oberhoffer Housing and Community Development Washington Neighborhood 350 West 6th Street Suite 312 Tool Library Dubuque, Iowa 52001 345 E. 18th Street Dubuque, IA 52001 XI. Assignability Agency shall not assign this Agreement or any interest in this Agreement without prior written approval of City. IN WITNESS WHEREOF, the parties have executed this contract with the referenced attachment Exhibit A, B and C as of the date first written above. Witness : - -- Kevin FirnStahl, City Clerk 4 City of Dubriqu ,' Iowa Roy D,;r$uol, Mayor Washington Neighborhood Tool Library Tom Oberhoffer, President EXHIBIT A The following are the official Vision & Mission Statements, Five Year City and Community Goals, Top & High Priorities for the City of Dubuque as well as the Management Plan and Major Projects as adopted by the Dubuque City Council at their annual goal - setting session August 24 — 25, 2011. The Dubuque 2026 Vision Statement The city of Dubuque is a progressive, sustainable city with a strong diversified economy and expanding global connections; the Dubuque community is an inclusive community celebrating culture and heritage and has actively preserved our Masterpiece on the Mississippi; Dubuque citizens experience healthy living and active retirement through quality, livable neighborhoods and an abundance of fun things to do and they are engaged in the community, achieving goals through partnerships; and Dubuque City government is financially sound and providing services with citizens getting value for their tax dollars. Mission Statement The City's mission is to deliver excellent municipal services that support urban living, and contribute to a sustainable city. The City plans for the community's future, and facilitates access to critical human services. The result is a financially sound city government and citizens getting services and value for their tax dollar. Five -Year City Goals • Planned and managed growth • Partnering for a better Dubuque • Improved connectivity — transportation and telecommunications Five -Year Community Goals for a Sustainable Dubuque • Economic Prosperity • Social /Cultural Vibrancy • Environmental Integrity 2011 - 2013 Top Priorities: 1) 9 -1 -1 Center Relocation Analysis 2) Arts and Culture Strategy City Council Community Goal it is under: Social Cultural Vibrancy Objectives for Social Cultural Vibrancy: • Increase the mutual understanding, acceptance and tolerance among all regardless of their ethnic background or life style • Increase the level of social tolerance and reduce the level of fear of others different than me • Continue to become an inclusive community in which all feel welcome and included • Increase resident interaction using vehicles like clean up campaigns, neighborhood picnics, new neighbor welcoming events, and other strategies developed by residents • Celebrate the cultural traditions and heritage • Become a regional hub for arts and culture • Have an efficient public health system that focuses on prevention and wellness • Work with viable not - for - profit partners: Community Foundation, Multicultural Family Center Board, Hispanic Ministry, DACU, Neighborhood Organizations and others for Social /Cultural Vibrancy Means to Residents (outcomes): • Everyone is welcome in the Dubuque community • Living life without fear or threats • Equal treatment for all by City staff • City services are available for all and delivered in an equitable and fair manner • City workforce reflecting the diversity of the community 3) Clean Air Attainment Strategy City Council Community Goal it is under: Environmental /Ecological Integrity Objectives for Environmental /Ecological Integrity: • Become a smarter city using sustainable technology for water, energy, transportation, health and wellness — a model community for the world • Reduce the potential flooding through protection • Reduce the community's carbon footprint • Improve the air quality — avoiding nonattainment • Reduce energy consumption and increase the use of alternative energy sources • Preserve Dubuque's natural and historic resources Means to Residents (outcomes): • Protecting the natural and historic resources and environment of Dubuque • City government using sustainable practice in daily operations • Healthy living environments: homes, neighborhoods and community • Clean water and air • Preserve natural resources • Opportunity for a healthy life style including local food products 2 4) Historic Millwork District Master Plan City Council Community Goal it is under: Planned and Managed Growth Objectives for Planned and Managed Growth: • Complete the Historic Millwork District as a thriving mixed use development with residential, retail /office, entertainment— a model for developers and other cities • Have safe, healthy neighborhoods citywide and homes with a variety of housing options • Have a thriving Downtown with professional offices, retail, residential and entertainment • Continue strong vibrant 24/7 residential /central business core (Main Street Service Area Downtown and Warehouse District) — including residential opportunities • Annex areas consistent with the annexation policy, including City services to annexed area • More beautiful, visually appealing city with attractive gateways, corridors, neighborhoods, homes and businesses • Develop Washington Neighborhood as a model for other neighborhoods Objectives from Social /Cultural Vibrancy Goal: • Increase the mutual understanding, acceptance and tolerance among all regardless of their ethnic background or lifestyle • Increase the level of social tolerance and reduce the level of fear of others different than me • Continue to become an inclusive community in which all feel welcome and included Means to Residents (outcomes): • Stable property taxes for residents and businesses • More job opportunities for all skill levels • Choice of livable neighborhoods • Opportunities for our children to stay in Dubuque • Predictable future development • Quality services to residents in annexed area 5) Southwest Arterial Project City Council Community Goal it is under: Improved Connectivity: Transportation and Telecommunications Objectives for Transportation and Telecommunications: • Increase and sustain commercial air service, including additional provider(s) and hub(s) • Have the ability to drive the Southwest Arterial (Iowa Highway 32) • Develop a new model for public transit with high ridership by choice (working with ECIA) • Develop passenger rail service to Chicago • Develop an up -to -date, modern air terminal that appeals to air travelers • Improve traffic flow throughout the City — East -West Corridors, roundabouts, light synchronization • Use "Complete Streets Concepts" Means to Residents (outcomes): • Reduced traffic congestion and improved traffic flow 3 • Better conditions of streets, eliminated obstructions, and improved visibility • Commuting through telecommunications • Greater economic opportunities • Air access to multiple hubs 6) Support of Greater Dubuque Development Corporation City Council Community Goal it is under: Economic Prosperity Objectives for Economic Prosperity: • Diversify the regional Dubuque economy • Retain, expand and grow local businesses, attract new businesses and to provide a more diverse tax base and job opportunities • Have the infrastructure and amenities to support economic development and growth: industrial /business parks, streets and utility services, air service and housing • Have a workforce prepared for 21st century jobs • Have employment opportunities for persons of all skill and education levels • Have top quality life options and job opportunities for all residents • Work with viable not - for - profit partners: Greater Dubuque Development Corporation, Dubuque Initiatives, Washington Neighborhood Development Corporation, Main Street and others for economic prosperity Objective from Social /Cultural Vibrancy goal: • Continue to become an inclusive community in which all feel welcome and included Means to Residents (outcomes): • High speed, reliable and economical telecommunications • Young professionals want to live here • Our children want to return to raise their families • More retail, service and entertainment opportunities — keeping dollars in Dubuque • Insulation from economic cycles through diverse businesses 7) Washington Neighborhood Strategy City Council Community Goal it is under: Planned and Managed Growth Objectives for Planned and Managed Growth: • Complete the Historic Millwork District as a thriving mixed use development with residential, retail /office, entertainment— a model for developers and other cities • Have safe, healthy neighborhoods citywide and homes with a variety of housing options • Have a thriving Downtown with professional offices, retail, residential and entertainment • Continue strong vibrant 24/7 residential /central business core (Main Street Service Area Downtown and Warehouse District) — including residential opportunities • Annex areas consistent with the annexation policy, including City services to annexed area • More beautiful, visually appealing city with attractive gateways, corridors, neighborhoods, homes and businesses • Develop Washington Neighborhood as a model for other neighborhoods. 4 Objectives from Social /Cultural Vibrancy Goal: • Increase the mutual understanding, acceptance and tolerance among all regardless of their ethnic background or lifestyle • Increase the level of social tolerance and reduce the level of fear of others different than me • Continue to become an inclusive community in which all feel welcome and included Means to Residents (outcomes): • Stable property taxes for residents and businesses • More job opportunities for all skill levels • Choice of livable neighborhoods • Opportunities for our children to stay in Dubuque • Predictable future development • Quality services to residents in annexed area 2011 - 2013 High Priorities: 8) Annexation Study City Council Community Goal it is under: Planned and Managed Growth Objectives for Planned and Managed Growth: • Complete the Historic Millwork District as a thriving mixed use development with residential, retail /office, entertainment— a model for developers and other cities • Have safe, healthy neighborhoods citywide and homes with a variety of housing options • Have a thriving Downtown with professional offices, retail, residential and entertainment • Continue strong vibrant 24/7 residential /central business core (Main Street Service Area Downtown and Warehouse District) — including residential opportunities • Annex areas consistent with the annexation policy, including City services to annexed area • More beautiful, visually appealing city with attractive gateways, corridors, neighborhoods, homes and businesses • Develop Washington Neighborhood as a model for other neighborhoods. Means to Residents (outcomes): • Stable property taxes for residents and businesses • More job opportunities for all skill levels • Choice of livable neighborhoods • Opportunities for our children to stay in Dubuque • Predictable future development • Quality services to residents in annexed area 9) Every Child 1 Every Promise City Council Community Goal it is under: Partnering for a Better Dubuque Objectives for Partnering for a Better Dubuque: • Federal and State lobbying and advocacy for Dubuque 5 • Partner for economic and workforce development • Partner with education • Partner for culture and arts • Partner for support of families and children • Partner for housing opportunities • Partner for healthcare and wellness • Partner for historic preservation • Partner for delivery of human services — meeting the needs of the underserved • Partner with faith -based organizations • Partner for sustainability • Maintain and enhance private - public partnerships with common goals and commitments to shared resources that benefit the Dubuque community • Increase resident engagement in the City's governance processes Objectives from Social /Cultural Vibrancy Goal: • Increase the mutual understanding, acceptance and tolerance among all regardless of their ethnic background or lifestyle • Increase the level of social tolerance and reduce the level of fear of others different than me • Continue to become an inclusive community in which all feel welcome and included Means to Residents (outcomes): • Bigger "bang" for tax dollars • Enhanced economic development opportunities • More ownership of end products — people involved in the process, and support outcomes • Better access and use of facilities • Protection of your interests 10) Master Plan for Chaplain Schmitt Island City Council Community Goal it is under: Economic Prosperity Objectives for Economic Prosperity: • Diversify the regional Dubuque economy • Retain, expand and grow local businesses, attract new businesses and to provide a more diverse tax base and job opportunities • Have the infrastructure and amenities to support economic development and growth: industrial /business parks, streets and utility services, air service and housing • Have a workforce prepared for 21st century jobs • Have employment opportunities for persons of all skill and education levels • Have top quality life options and job opportunities for all residents • Work with viable not - for - profit partners: Greater Dubuque Development Corporation, Dubuque Initiatives, Washington Neighborhood Development Corporation, Main Street and others for economic prosperity Means to Residents (outcomes): • High speed, reliable and economical telecommunications • Young professionals want to live here • Our children want to return to raise their families 6 • More retail, service and entertainment opportunities — keeping dollars in Dubuque • Insulation from economic cycles through diverse businesses 11) Multicultural Family Center Support City Council Community Goal it is under: Partnering for a Better Dubuque Objectives for Partnering for a Better Dubuque: • Federal and State lobbying and advocacy for Dubuque • Partner for economic and workforce development • Partner with education • Partner for culture and arts • Partner for support of families and children • Partner for housing opportunities • Partner for healthcare and wellness • Partner for historic preservation • Partner for delivery of human services — meeting the needs of the underserved • Partner with faith -based organizations • Partner for sustainability • Maintain and enhance private - public partnerships with common goals and commitments to shared resources that benefit the Dubuque community • Increase resident engagement in the City's governance processes Objectives from Social /Cultural Vibrancy Goal: • Increase the mutual understanding, acceptance and tolerance among all regardless of their ethnic background or lifestyle • Increase the level of social tolerance and reduce the level of fear of others different than me • Continue to become an inclusive community in which all feel welcome and included Means to Residents (outcomes): • Bigger "bang" for tax dollars • Enhanced economic development opportunities • More ownership of end products — people involved in the process, and support outcomes • Better access and use of facilities • Protection of your interests 12) New Industrial Park Location and Action Plan City Council Community Goal it is under: Economic Prosperity Objectives for Economic Prosperity: • Diversify the regional Dubuque economy • Retain, expand and grow local businesses, attract new businesses and to provide a more diverse tax base and job opportunities • Have the infrastructure and amenities to support economic development and growth: industrial /business parks, streets and utility services, air service and housing • Have a workforce prepared for 21st century jobs • Have employment opportunities for persons of all skill and education levels • Have top quality life options and job opportunities for all residents 7 • Work with viable not - for - profit partners: Greater Dubuque Development Corporation, Dubuque Initiatives, Washington Neighborhood Development Corporation, Main Street and others for economic prosperity Means to Residents (outcomes): • High speed, reliable and economical telecommunications • Young professionals want to live here • Our children want to return to raise their families • More retail, service and entertainment opportunities — keeping dollars in Dubuque • Insulation from economic cycles through diverse businesses 13) Red Light and Speed Enforcement Cameras City Council Community Goal it is under: Improved Connectivity: Transportation and Telecommunications Objectives for Improved Connectivity: Transportation and Telecommunications: • Increase and sustain commercial air service, including additional provider(s) and hub(s) • Have the ability to drive the Southwest Arterial (Iowa Highway 32) • Develop a new model for public transit with high ridership by choice (working with ECIA) • Develop passenger rail service to Chicago • Develop an up -to -date, modern air terminal that appeals to air travelers • Improve traffic flow throughout the City — East -West Corridors, roundabouts, light synchronization • Use "Complete Streets Concepts" Means to Residents (outcomes): • Reduced traffic congestion and improved traffic flow • Better conditions of streets, eliminated obstructions, and improved visibility • Commuting through telecommunications • Greater economic opportunities • Air access to multiple hubs 14) Safe Community Initiative City Council Community Goal it is under: Social Cultural Vibrancy Objectives for Social Cultural Vibrancy: • Increase the mutual understanding, acceptance and tolerance among all regardless of their ethnic background or life style • Increase the level of social tolerance and reduce the level of fear of others different than me • Continue to become an inclusive community in which all feel welcome and included • Increase resident interaction using vehicles like clean up campaigns, neighborhood picnics, new neighbor welcoming events, and other strategies developed by residents • Celebrate the cultural traditions and heritage • Become a regional hub for arts and culture • Have an efficient public health system that focuses on prevention and wellness 8 • Work with viable not - for - profit partners: Community Foundation, Multicultural Family Center Board, Hispanic Ministry, DACU, Neighborhood Organizations and others for Social /Cultural Vibrancy Means to Residents (outcomes): • Everyone is welcome in the Dubuque community • Living life without fear or threats • Equal treatment for all by City staff • City services are available for all and delivered in an equitable and fair manner • City workforce reflecting the diversity if the community 15) Street Improvement Program City Council Community Goal it is under: Improved Connectivity: Transportation and Telecommunications Objectives for Improved Connectivity: Transportation and Telecommunications: • Increase and sustain commercial air service, including additional provider(s) and hub(s) • Have the ability to drive the Southwest Arterial (Iowa Highway 32) • Develop a new model for public transit with high ridership by choice (working with ECIA) • Develop passenger rail service to Chicago • Develop an up -to -date, modern air terminal that appeals to air travelers • Improve traffic flow throughout the City — East -West Corridors, roundabouts, light synchronization • Use "Complete Streets Concepts" Means to Residents (outcomes): • Reduced traffic congestion and improved traffic flow • Better conditions of streets, eliminated obstructions, and improved visibility • Commuting through telecommunications • Greater economic opportunities • Air access to multiple hubs 2011 - 2013 Management Agenda: ECONOMIC PROSPERITY GOAL • Industrial Riverfront Leases: Agreements • Arts and Economic Prosperity Study: Economic Impact of the Arts Evaluation • Local Arts Index Study: Completion • Dubuque Initiatives: Loans Status, Next Steps • Green Jobs Training Program: Support • Workforce Market -Rate Housing Strategy: City Actions • Baseball attraction study 9 ENVIRONMENTAL /ECOLOGICAL INTEGRITY GOAL • Sustainability purchasing policy and procedures • Air Quality Study Phase II • Energy Efficiency Conservation Block Grant: Implementation • AVL for City fleet • AVL for transit • Grand River Center Smart Electric Meters Project: Completion • University of Iowa Initiative for Sustainable Communities: 5 Projects • Green Team Work Plan: Implementation • Sustainability Curriculum in the School System (Green Vision Program) • City Operations Sustainability Performance Measures: Development • Green and Healthy Homes Program: Lead Hazard Control, Health Homes Program • Library LEED -ED Certification: First Library on National Register of Historic Places • Unified Development Code Amendments: FEMA Floodplain Maps, Sustainable Design Standards and Incentives • DMASWA Landfill: Methane End Use Study, Next Generation of Cells, Compost Quality and Quantity, New Waste Delivery Contracts • E.B. Lyons Development • Renewable Energy Assets: University of Iowa Study • Dubuque Regional Smart Plan: Development SOCIAL /CULTURAL VIBRANCY GOAL • Intercultural Competency Program within City Government: Self - Assessment testing and Training • Police Explorer Program: Support • Human Relations Initiative: Strategy and Actions • Police /Race Dialogue Program • ADA Compliance: Implementation, Actions • Sustainable Dubuque Indicators (SDI) Software Tool: Direction and Funding PLANNED AND MANAGED GROWTH GOAL • Inflow & Infiltration Program /Home Inspections and EPA Consent Decree Implementation • SUDAS City Engineering Standards: Update • Green and Healthy Homes Program: Implementation • Food Inspections: MOU /Agreement with Iowa Department of Health • Surveillance and Security Camera Strategy for City Facilities: Design, Funding, Implementation • Leasing Policy for Iowa Street/Locust Street Ramp: Direction • City Comprehensive Plan: Update • Census County Question Resolution: Challenge to Census Data 10 PARTNERSHIP FOR A BETTER DUBUQUE GOAL • Parks - schools Joint Projects and Services Collaboration: Middle School Facility • Sister City Program • All America City Award: Application • Pet park: Concept Plan, Direction • Veterans Memorials (Marshall Park, Miller- Riverview Park, Chaplain Schmitt Island): Evaluation, Direction • Handicapped Accessibility for Parks and Park Assets: Evaluation, Direction • Out -of- School Time: Needs Assessment, Partnerships (21st Century Grant) • AmeriCorps Program: Training, Volunteer Reception Center, Mock Drill for Disaster, Sustainability in Learning Programs • Bridges Out of Poverty Program: City Support IMPROVED CONNECTIVITY: TRANSPORTATION AND TELECOMMUNICATIONS • Smart Transportation Program • Historic White Water Creek Bridge Project: Relocated and Rehabilitation • Dubuque History Trail: Route and Brochure • East/West Corridor Study: Completion • Bike and Hike Trail Development a. Catfish Creek Trail Feasibility Study: Completion b. Northwest Arterial Trail #2 and #3 • GIS /aALP (electronic airport layout plan) Pilot Study: Implementation • Airport Safety Management System (SMS) Pilot Program: Implementation • Transit Routes for Colleges Routes: Grant Funding • Trolley Upgrades: Grant Funding • The Jule Marketing (Ridership by Choice) OTHER CITY ACTIONS: • Quarterly Budget Monitoring Process: Implementation • Performance Measures: Implementation • Budget and Financial Report: Rewrite • Website Content Management (CivicPlus) • Citizen Response Management System (WebQA) • Banking Services and Financial Advisory Services: Decisions • 900 Mhz Data System: Expansion • Employee Wellness Program: Five -Year Goals, City Internet Posting Funding • Employee Involvement Teams Expansion: Policy Changes, Funding • Healthcare Cost Containment: Modified Prescription Drugs Program, Agreement with Hospitals • Police Officer Recruitment and Retention: Actions • Police Accreditation: Completion 11 Major Projects: ECONOMIC PROSPERITY GOAL • Riverfront Marina /Transient Boat Dock Project: Completion • South Siegert Farm Industrial Park: Design, Road Construction ENVIRONMENTAL /ECOLOGICAL INTEGRITY • City Hall Cooling System Project: Design & Construction • Crescent Health Center /18`h Street Building Renovation PLANNED AND MANAGED GROWTH GOAL • Bee Branch Creek Restoration Project: Lower Branch Construction, Upper Branch Design, Land Acquisition, Funding • Water and Resource Recovery Plant Project • Sunset Ridge Sanitary Sewer Extension Project: Construction • Catfish Creek Watershed Management Plan: Development IMPROVED CONNECTIVITY: TRANSPORTATION AND TELECOMMUNICATIONS • Airport Terminal Complex Project: Design, Site Work, Construction, U.S. 61 Intersection (IDOT Project) • Central Avenue Resurfacing Project (Joint City/IDOT) • Bus Fleet Replacement Program: Completion 12 EXHIBIT B TABLE OF CONTENTS I GENERAL CONDITIONS 1 A General Compliance 1 B Independent Contractor 1 C Hold Harmless 1 D Workers' Compensation 1 E Insurance and Bonding 1 F Grantor Recognition 1 G Amendments 1 H Suspension or Termination 2 II ADMINISTRATIVE REQUIREMENTS 2 A Financial Management 2 1 Accounting Standards 2 2 Cost Principles 2 B Documentation and Recordkeeping 2 1 Records to be Maintained 2 2 Retention 2 3 Client Data 3 4 Disclosure 3 5 Closeouts 3 6 Audits and Inspections 3 C Reporting and Payment Procedures 3 1 Program Income 3 2 Payment Procedures 3 3 Indirect Costs 4 4 Progress Reports 4 D Procurement 4 1 Compliance 4 2 OMB Standards 4 3 Travel 4 E Use and Reversion of Assets III RELOCATION, PROPERTY ACQUISITION AND ONE - FOR -ONE HOUSING REPLACEMENT 4 IV PERSONNEL AND PARTICIPANT CONDITIONS 4 A Civil Rights 4 1 Compliance 4 2 Nondiscrimination 5 3 Land Covenants 5 4 Section 504 5 B Affirmative Action 5 1 Approved Plan 5 2 Women - Minority Businesses (W /MBE) 5 3 Access to Records 6 4 Notifications 6 5 Equal Employment Opportunity and Affirmative Action (EEO /AA) Statement 6 6 Subcontract Provisions 6 C Employment Restrictions 6 1 Prohibited Activity 6 2 Labor Standards 6 3 "Section 3" Clause 7 a Compliance 7 b Notifications 7 c Subcontracts 8 D Conduct 8 1 Assignability 8 2 Hatch Act 8 3 Conflict of Interest 8 4 Subcontracts 8 a Approvals 8 b Monitoring 8 Content 8 d Selection Process 8 5 Lobbying 9 6 Copyright 9 7 Religious Organization 9 V ENVIRONMENTAL CONDITIONS 9 A Air and Water 9 B Flood Disaster Protection 9 C Lead Based Paint 10 D Historic reservation 10 VI SEVERABILITY 10 VII SECTION HEADINGS AND SUBHEADS 10 VIII WAIVER 10 IX ENTIRE AGREEMENT 10 11 EXHIBIT B STANDARD REQUIREMENTS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS I. GENERAL CONDITIONS A General Compliance The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570 604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available The Subrecipient agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this contract B Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties The Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement The Recipient shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance as the Subrecipient is an independent contractor C Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Recipient from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement D Workers' Compensation The Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this contract E Insurance and Bonding The Subrecipient shall maintain insurance to the extent and against such hazards and liabilities as are in keeping with the current insurance program of Recipient The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84 31 and 84 48, Bonding and Insurance F Grantor Recognition The Subrecipient shall insure recognition of the role of the Recipient in providing services through the agreement All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to funding source In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds available under this contract G Amendments Recipient or subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations and approved by the Recipient's governing body Such amendments shall not invalidate this Agreement, nor relieve or release Recipient or Subrecipient from its obligations under this Agreement Recipient may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons If such amendments result in a change in the funding, the scope of services, or schedule of, the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Recipient and Subrecipient H Suspension or Termination In accordance with 24 CFR 85 43, the Recipient may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not - 1 - limited to) the following 1) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time, 2) Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement, 3) Ineffective or improper use of funds provided under this Agreement, or 4) Submission by the Subrecipient to the Recipient reports that are incorrect or incomplete in any material respect In accordance with 24 CFR 85 44, this Agreement may also be terminated for convenience by either the Recipient or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated However, if in the case of a partial termination, the Recipient determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Recipient may terminate the award in its entirety II. ADMINISTRATIVE REQUIREMENTS A Financial Management 1 Accounting Standards The Subrecipient agrees to comply with 24 CFR 84 21 -28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred 2 Cost Principles The Subrecipient shall administer its program in conformance with OMB Circular A -122, "Cost Principles for Nonprofit Organizations" or A -21, "Cost Principles for Educational Institutions" as applicable These principles shall be applied for all costs incurred whether charged on a direct or indirect basis B Documentation and Record Keeping 1 Records to be Maintained The Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570 506 that are pertinent to the activities to be funded under this Agreement Such records shall include but not be limited to a Records providing a full description of each activity undertaken, b Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program' c Records required determining the eligibility of activities, d Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance, e Records documenting compliance with the fair housing and equal opportunity components of the CDBG program, and f Financial records as required by 24 CFR Part 570 502, and 24 CFR 84 21 -28 and g Other records necessary to document compliance with Subpart K of 24 CFR 570 2 Retention The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years The retention period begins on the date of the submission of the Recipient's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four -year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four -year period, whichever occurs later 3 Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided Such data shall include, but not be limited to client name, address, income level or other basis for determining eligibility, and description of services provided Such information shall be made available to Recipient monitors or their designees for review upon request 4 Disclosure The Subrecipient understands that client information collected under this contract is private , and the use or disclosure of such information, when not directly connected with the administration of the Recipient's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian 5 Closeouts Subrecipient obligation to the Recipient shall not end until all closeout requirements are completed Activities during this closeout period shall include, but are not limited to, making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Recipient), and determining the custodianship of records Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income 6 Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Recipient, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Recipient policy concerning subrecipient audits and OMB Circular A -133 C Reporting and Payment Procedures 1 Program Income The Subrecipient shall report quarterly all program income (as defined at 24 CFR 570 500(a)) generated by activities carried out with CDBG funds made available under this contract The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570 504 By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balance on hand All unexpended program income shall be returned to the Recipient at the end of the contract period Any interest earned on cash advances from the U S Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Recipient 2 Payment Procedures The Recipient will pay to the Subrecipient funds available under this agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Recipient policy concerning payments With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements Payments will be adjusted by the Recipient in accordance with advance fund and program income balances available in Subrecipient accounts In addition, the Recipient reserves the right to liquidate funds available under this contract for costs incurred by the Recipient on behalf of the Subrecipient 3 Indirect Costs If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Recipient for approval, in a form specified by the Recipient 4 Progress Reports The Subrecipient shall submit quarterly Activity Progress Reports to the Recipient in the form and content as required by the Recipient D Procurement 1 Compliance The Subrecipient shall comply with current Recipient policy concerning the purchase of equipment and shall maintain inventory records of all nonexpendable personal property as defined by such policy as may be procured with funds provided herein All program assets -3- (unexpended program income, property, equipment, etc) shall revert to the Recipient upon termination of this Agreement 2 OMB Standards Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84 40 -48 3 Travel The Subrecipient shall obtain written approval from the Recipient for any travel outside the metropolitan area to be paid for with funds provided under this contract E Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570 502, 570 503, and 570 504, as applicable, which include but are not limited to the following 1 The Subrecipient shall transfer to the Recipient any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination 2 Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570 208 until five (5) years after expiration of this Agreement If the Subrecipient fails to use CDBG - assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Recipient an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property Such payment shall constitute program income to the Recipient The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five -year period 3 In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment) Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Recipient for the CDBG program or (b) retained after compensating the Recipient [an amount equal to the current fair market value of the equipment less the percentage of non -CDBG funds used to acquire the equipment] III. RELOCATION, PROPERTY ACQUISITION AND ONE - FOR -ONE HOUSING REPLACEMETN The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570 606(b), (b) the requirements of 24 CFR 570 606(c) governing the Residential Anti - displacement and Relocation Assistance Plan under section 104(d) of the HCD Act, and (c) the requirements in 24 CFR 570 606(d) governing optional relocation policies The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570 606(b) (2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG - assisted project The Subrecipient also agrees to comply with applicable Recipient ordinances, resolutions and policies concerning the displacement of persons from their residences IV. PERSONNEL AND PARTICIPANT CONDITIONS A Civil Rights 1 Compliance The Subrecipient agrees to comply all federal, state and local regulations in effect as of the date of this Agreement as they apply to federally assisted programs and activities of the Department of Housing and Urban Development and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086 -4- 2 Nondiscrimination The Subrecipient agrees to comply with the non - discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570 607, as revised by Executive Order 13279 The applicable non - discrimination provisions in Section 109 of the HCDA are still applicable 3 Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P L 88 -352) and 24 CFR 570 601 and 570 602 In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Recipient and the United States are beneficiaries of and entitled to enforce such covenants The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate 4 Section 504 The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U S C 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program The Recipient shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement B Affirmative Action 1 Approved Plan The Subrecipient agrees that it shall be committed to carry out pursuant to the Recipient's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966 The Recipient shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds 2 Women - Minority -Owned Businesses (W /MBE) The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U S C 632), and "minority and women's business enterprise" means a business at least fifty - one (51) percent owned and controlled by minority group members or women For the purpose of this definition, "minority group members" are Afro - Americans, Spanish - speaking, Spanish surnamed or Spanish - heritage Americans, Asian - Americans, and American Indians The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation 3 Access to Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Recipient, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein 4 Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies in conspicuous places available to employees and applicants for employment 5 Equal Employment Opportunity and Affirmative Action (EEO /AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer 6 Subcontract Provisions The Subrecipient will include the provisions of Paragraphs X A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors C Employment Restrictions 1 Prohibited Activity The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities, inherently religious activities, lobbying, political patronage, and nepotism activities 2 Labor Standards The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U S C 327 et seq) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U S C 874 et seq) and its implementing regulations of the U S Department of Labor at 29 CFR Part 5 The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part Such documentation shall be made available to the Recipient for review upon request The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000 00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Recipient pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers, provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph 3 "Section 3" Clause a Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Recipient, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors Failure to fulfill these requirements shall subject the Recipient, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U S C 1701) Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide -6- economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located " The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located, where feasible, priority should be given to low- and very low- income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs, and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located, where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements b Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training c Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Recipient The Subrecipient will not subcontract with any entity where is has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations D Conduct 1 Assignability The Subrecipient shall not assign or transfer any interest in this contract without the prior written consent of the Recipient thereto, provided, however, that claims for money due or to become due to the Subrecipient from the Recipient under this contract may be assigned to a bank, trust company or other financial institution without such approval Notice of any such assignment or transfer shall be furnished promptly to the Recipient 2 Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code 3 Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR 84 42 and 570 611, which include (but are not limited to) the following a The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds b No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved -7- c No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG - assisted activities, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG - assisted activity, or with respect to the proceeds from the CDBG - assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Recipient, the Subrecipient, or any designated public agency 4 Subcontracts a Approvals The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Recipient prior to the execution of such agreement b Monitoring The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow up actions taken to correct areas of noncompliance c Content The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this agreement d Selection Process The Subrecipient shall undertake to insure that all subcontracts let in the performance of this agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements Executed copies of all subcontracts shall be forwarded to the Recipient along with documentation concerning the selection process 5 Lobbying The Subrecipient hereby certifies that a No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any 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, b If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, and c It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly d Lobbying Certification 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 -8- 31, U S C Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure 6 Copyright If this contract results in any copyrightable material or inventions, the Recipient and /or grantor agency reserves the right to royalty -free, non - exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes 5 Religious Organization The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570 2000), such as worship, religious instruction, or proselytization V. ENVIRONMENTAL CONDITIONS A Air and Water 1 The Subrecipient agrees to comply with the following regulations insofar as they apply to the performance of this contract 2 Clean Air Act, 42 U S C , 7401, ET seq 3 Federal Water Pollution Control Act, as amended, 33 U S C 1251, et seq , as amended 1318 relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued hereunder 4 Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part 50, as amended B Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U S C 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation) C Lead Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead Based Paint Regulations at 24 CFR 570 608, and 24 CFR Part 35 subpart B Such regulations pertain to all CDBG assisted housing and require that all owners, prospective owners, and tenants or properties constructed prior to 1978 be properly notified that such properties may include lead based paint Such notification shall point out the hazards of lead based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead based paint poisoning and the advisability and availability of blood lead level screening for children under seven The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and /or abatement may be conducted D Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U S C 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this contract In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list VI. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect -9- VII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement VIII. WAIVER The Recipient's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches The failure of the Recipient to exercise or enforce any right or provision shall not constitute a waiver of such right or provision IX. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Recipient and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Recipient and the Subrecipient with respect to this Agreement NOTE For the above sections, if the Subrecipient is a governmental or quasi- governmental agency, the applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," and OMB Circular A -87 would apply - 10 - Exhibit C CITY OF DUBUQUE, IOWA INCOME GUIDELINES FOR FINANCIAL ASSISTANCE Income limits are defined and occasionally revised by the U S Department of Housing and Urban Development's estimated median family income A low income person or family has a total income which falls between the fifty (50) percent and eighty (80) percent median for the area, adjusted for size A very low income person, family, or household has a total income which falls between thirty (30) and fifty (50) percent of the median income, adjusted for size, of the metropolitan area A 30% median income person, family or household has a total income which is between 0 and thirty (30) percent of the median income, adjusted for size, of the metropolitan area The maximum income limits as of December 2011 for the Dubuque Metropolitan Area are as follows Maximum Annual Income Very Low Income — Low Family Size 30 % Median Income ° (50 /°) Income — (80 %) 1 $0 - $13,600 $13,601 - $22,650 $22,651- $36,200 $0 - $15.550 $15.551 - $25,850 $25,851- $41,400 3 $U- $17,500 $17,501- $29,100 $29,101- $46,550 4 $0- $19,400 $19,401 - $32,300 $32 331-$51,700 5 $0 - $21,000 $21,001 - $34,900 $34,901 - $55,850 6 $0 - $22,550 $22 551 - $37,500 $37,501- $60,000 7 $0- $24,100 $24,101 - $40,100 $40,101 - $64.150 8 or more $0 - $25,650 $25,651 - $42,650 $42,651- $68,250 F \USERS \ATAIIKE\CDBG\CDBG Contracts\ Washington Tool Library\13 Wash Tool Library agent doc