CDBG - Fiscal Year 2018 Contract with Four Mounds HEART Program Copyrighted
August 7, 2017
City of Dubuque Consent Items # 10.
ITEM TITLE: Four Mounds HEART Community Development Block
Grant Contract
SUMMARY: City Manager recommending approval of the Community
Development Block Grant(CDBG)Agreement with the
Four Mounds HEART program for Fiscal Year 2018.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Four Mounds HEART CDBG Grant Agreement-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Grant Agreement Supporting Documentation
THE COF Dubuque
DtUB
E All-America
City
Masterpiece on the Mississippi 1 1 1 1"
2009•2012•2013•2019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: CDBG Grant Agreement — FY18
Four Mounds
DATE: August 1, 2017
Housing & Community Development Department Director Alvin Nash recommends City
Council approval of the Community Development Block Grant (CDBG) Agreement with
the Four Mounds HEART program for Fiscal Year 2018.
The Adopted Fiscal Year 2018 CDBG Annual Action Plan reflects a payment of $10,000
to assist the HEART program. These funds are requested to provide youth activities
focused on neighborhood revitalization.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Aalslx-�'
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Alvin Nash, Housing & Community Development Department Director
THE CITY ODubuque 11-A
U Bi
E
1111 I.merica Ci i
Masterpiece on the Mississippi 2007-2012-2013
TO: Michael C. Van Milligen, City Manager
FROM: Alvin Nash, Housing and Community Development Department
SUBJECT: CDBG Grant Agreement— FY18
Four Mounds
DATE: August 1, 2017
Attached for City Council approval is the Community Development Block Grant (CDBG)
Agreement with the Four Mounds HEART program for Fiscal Year 2018. The
agreement includes attachment of the City Council goals and priorities.
The Adopted Fiscal Year 2018 CDBG Annual Action Plan reflects a payment of $10,000
to assist the HEART program. These funds are requested to provide youth activities
focused on neighborhood revitalization. The program is consistent with the 2016-2020
Consolidated Plan for the use of CDBG funds.
New for grant agreements in FY18, is the addition of language in the contract to support
the City's efforts to be a viable, livable, and equitable community and to advance equity
and inclusion.
RECOMMENDATION
It is my recommendation that the City Council approves the attached CDBG Grant
Agreement with Four Mounds HEART program and authorizes the Mayor to execute the
agreement on behalf of the City.
CITY OF DUBUQUE, IOWA
AND
FOUR MOUNDS HEART PROGRAM
FY 2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)Agreement
THIS AGREEMENT, executed on the___day of 2017 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 Four Mounds, 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:
a. Subrecipient shall:
i. Provide the services to eligible residents of the City of Dubuque in a manner satisfactory
to Recipient and consistent with any standards required as a condition of providing these
funds. Such program shall include the following activities eligible under the Community
Development Block Grant Program: Operating costs for the Four Mounds HEART program
to provide educational, recreational and social programs focused on neighborhood
revitalization for youth.
1. In the event of a conflict between Subrecipient's proposals and the provisions
hereto attached, that provision which in the judgment of Recipient provides the
greatest benefit to Recipient shall prevail. Failure of Subrecipient to provide any
of the services proposed shall be deemed a material breach of this Agreement.
ii. Support the City's efforts to be a viable, livable, and equitable community, and to
advance equity and inclusion. The City will provide opportunities to demonstrate this
support by inviting the Executive Director of the Agency and any employees working on
services covered by this agreement to participate in the following professional
development opportunities and supporting activities:
1. The opportunity to be active and engaged participants in Inclusive Dubuque peer
learning opportunities and strategic efforts, Exhibit A;
2. The opportunity to attend intercultural and equity workshops offered by the City,
including workshops that focus on developing an intercultural team with a strategic
plan for advancing equity and inclusion within the Agency and through the Agency's
work;
3. Assistance in creating semi-annual status reports that demonstrate the ways in which
the Agency's efforts are advancing equity and inclusion; and
4. Access to the City's equity toolkit.
iii. Comply with City Council goals and priorities are attached hereto as Exhibit B.
I. City Responsibilities
City designates the City Manager,or the City Manager's designee,to act as its representative with
respect to the work to be performed under this Agreement, and such person shall have authority
to transmit instructions, receive information, interpret and define City's policies and provide
decisions in a timely manner pertinent to the work covered by this Agreement until Agency has
been advised in writing by City that such authority has been revoked.
III. 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:
570.208(a)(2) Activities benefiting low and moderate income persons; Require information on
family size and income so that it is evident at least 51%of the clientele are persons whose famil
income does not exceed the low and moderate income limit.
IV. Project Budget
The total compensation to be paid to Subrecipient by Recipient for the services shall in no event
exceed the sum of$10,000 for the program as described in Exhibit C.
Any indirect costs charged must be consistent with the conditions of Section II (C) (3) of the
attached Exhibit D, 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.
V. Dates of Commencement and Completion
The services to be provided under this Agreement shall be commenced on July 1, 2017 and shall
be completed not later than June 30, 2018. 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.
VI. 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 D and Income Guidelines in
Exhibit E herein attached and a part of this agreement.
VII. 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 providing staff to deliver homeless services. 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. Payment shall be supported by documentation provided by Subrecipient of costs incurred
for services provided pursuant to this Agreement.
c. Payments are be contingent upon certification of Subrecipient's financial management
system in accordance with the standards specified in 2 CFR 200, the provisions of which
are available in the office of Recipient.
VIII. 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.
IX. Reporting and Monitoring.
Subrecipient shall render to Recipient a quarterly written report detailing its activities, number
of persons provide emergency shelter. Quarterly reports shall be submitted no later than the
1511 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 youth services that support neighborhood revitalization.
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 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
X. 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.
XI. Notices
Communication and details concerning this Agreement shall be directed to the following
agreement representatives:
Recipient Subrecipient
Community Development Specialist Four Mounds Foundation
Housing and Community Development HEART Program
350 West 6th Street Suite 312 4900 Peru Road
Dubuque, Iowa 52001 Dubuque, IA 52001
XII. 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, C,
D, and E as of the date first written above.
Witness: City of Dubuque, Iowa
Kevin Firnstahl, City Clerk Roy D. Buol, Mayor
Four Mounds Foundation
Christine Happ Olson, Executive Director
Exhibit A
EXHIBIT C
INCLUSIVE u u ue
Connecting People • Strengthening Community
INCLUSIVE
C►USIVE
Inclusive Dubuque is a peer-learning network of partners dedicated to creating
an informed, equitable and inclusive community where all people—regardless of
race, age, culture, gender, ethnicity, religion, sexual orientation, class or disability—
are respected, valued and treated fairly.The network includes more than 50
organizations and individuals across sectors including faith, government agencies,
nonprofit, business, education and more.
WHY IT MATTERS
What .o DIVERSITY, e
The Inclusive Dubuque network formed in 2012 after business and INCLUSION mean?
leaders began to take notice of challenges related to diversity,equity
and inclusion in the rommi nity.Individuals were havingtrouhle DIVERSITY:the unique
accessing needed services and connecting to parts of the community, experiences perspectives. - .
neighborhoods were experiencing struggles related to demographic groupbrings to
our community
changes,and businesses were reporting difficulty attracting and everyoneEQUITY: has access o
retaining a diverse workforce.Research tells us that Iowa is becoming opportunities resources
increasingly diverse,and that regions working toward equity will have need to thrive
stronger and more resilient economic growth—for everyone. INCLUSION:engaging and supporting
needsdiverse ensure all feet
WHAT HAS BEEN ACCOMPLISHED
The Inclusive Dubuque Network works collaboratively to eliminate GET INVOLVED
bias in our community by providing and supporting equity learning Join us.The Network provides
opportunities,equity tools and resources,and baseline data to inform equity learning opportunities,
decisions and measure proress.Some key accomplishments include: equity tools and baseline data to
help organizations and individuals
Facilitated leadership alignment around a shared agenda learn about equity and inclusion.
Conducted a Community Equity Profile in 2015 to learn about the We provide a safe place for difficult
lived experiences of diverse groups and discover what disparities conversations and an opportunity to
exist.The Profile engaged 584 participants through dialogues learn from someone who is different
and 1,995 online surveys were completed. from yourself.Visit our website to
• Over 90 Network and community members joined partnerledutilize these resources in your work
sector groups to address new challenges and bring the racial/ to advance equity and inclusion in
the community.
social equity lens to existing programs and efforts in the seven
focus areas of the equity profile.
Hosted Results-Based Accountability training for community Funders
members to promote a shared data platform. City of Dubuque
Hosted or supported four equity learning opportunities in 2016. Community Foundation of Greater
Dubuque
Published introductory equitytoolkits for community members to Dubuque Area Chamber of Commerce
use in their organizations. Dubuque Racing Association
Dr.Liang Chee Wee
Published the Advancing Equity:Community Efforts and Outcomes Greater Dubuque Development
report,to recognize the work of partners and community Corporation
organizations working to advance equity and inclusion. IBM
The Network hosted more than 70 community members at its first John Deere Foundation
Community Conversation in December 2016. Mercy Medical Center
Northeast Iowa Community College
Wsisters of Charity,BVM
HAT WE ARE WORKING ON
Surdna Foundation
In 2017, Inclusive Dubuque will focus on launching a shared data
platform and conducting a community climate survey to inform Inclusive Dubuque Staff
decisions and measure its impact.The Network is also planning
three additional Community Conversations from February to May. Network Coordinator
Katrina Neely Farren-Elle;Ph:D,
The Peer-Learning Council is developing equity learning opportunities Assistant Coordinator
to offer to the community.This council will focus their efforts on Erica Vsquierdo
creating a five-year equity education plan to provide opportunities
for partners and community members to deepen their personal and
organizational understanding of equity and inclusion.
LEARN MORE:
INCLUSIVE dubuque '
Connecting People•Strengthening Community call 563.588.2700
followf
Inclusive Dubuque Is facilitated bythe Community Foundation of Greater Dubuque
02012017
EXHIBITD
THF CITY OF
bU JE
Masterpiece on the Mississippi -
The City of Dubuque's team of Intercultural Facilitators offers three learning and
development workshops for City employees and partner organizations:
• A 5 hour introductory workshop that is designed for individual development and
that focuses on raising awareness and beginning to foster improved
understanding about cultural differences.
• A 10.5 hour foundations workshop that is designed for individual development
and focuses on raising awareness, fostering improved understanding, and
providing tools that can be used to build individual skill at navigating differences.
• A 32 hour application workshop that is designed for teams who are interested in
developing a plan for advancing equity and inclusion goals within their team or
organization.
All three workshops are grounded in an intercultural approach that is evidence informed
and developmental. It is important to understand what our training is and is not:
• First, the intercultural approach acknowledges race and racial issues but does
not limit its focus to these issues. Rather, the focus is on culture as a broad
concept that encompasses all people, and on the various aspects of cultural and
social identities that may make a difference when we are interacting with one
another.
• Second, the goal is not to change beliefs or belief systems. The goal is to build
skills so that people are effective interacting across cultural differences.
• Third, the focus is on a broad set of skills that can be applied across cultures to
improve communication and understanding. The training does not focus on
culture specific details and information.
• Fourth, although training employees can be a very productive tool, depending
solely on training to foster acceptance and the skills needed to make sustainable
change is severely limited. There must be sustainable efforts to support staff in
applying newly acquired skills. We don't expect to be competent in a sport after a
few practice sessions, similarly we cannot expect to be competent working with
cultures other than our own after a few workshops.
• Finally, there is a recognition that any skills learned must be applied in context,
and that training is only one piece of a larger approach that includes assigning
resources and developing a long-term strategy to identify barriers affecting
certain groups and to create an inclusive and equitable work environment.
THE CITY UOF
DB E
Masterpiece on the Mississippi
5 Hour Workshop: Introduction to Intercultural Communication
Overall objectives of the workshop are:
• To establish a common language regarding an intercultural approach to diversity
and inclusion
• Begin to develop self-awareness of one's own culture and how it can impact how
we experience difference
• Begin to understand how language, non-verbal communication, and values can
impact interactions
10.5 Hour Workshop: Intercultural Foundations
Overall objectives of the workshop are:
• To establish a common language and understanding regarding an intercultural
approach to diversity and inclusion
• To reinforce the importance of continuing to develop the skills needed to work
and live in a culturally diverse community
• To introduce tools that can people interacting across cultural differences
Specific learning objectives:
• Develop a shared understanding of key terms
• Begin to develop self-awareness of one's own culture and how it can impact how
we experience difference
• Distinguish the intercultural approach, which is developmental and learned, from
other types of"diversity training"
• Practice applying tools that can be used to slow information processing and
improve accuracy of the interpretation of intercultural interactions
• Develop an understanding of the nature of identity and begin to examine
cultural/social identities
• Learn to recognize group norms and methods to begin changing group norms
• Understand cultural values differences, particularly differences in preferred
communication styles
• Develop awareness of one's own preferred style for resolving conflict and begin
to recognize other styles
• Develop an understanding of how culture affects how we handle conflict and the
ways in which an awareness of difference in styles can help communication
during conflict
THE CITY UOF
DB E
Masterpiece on the Mississippi
32-Hour Advancing Equity through an Intercultural Approach Workshop
This workshop is best suited for those working on teams seeking to advance equity and
inclusion. Participants will use an intercultural framework to collectively explore
individual, institutional, and systemic opportunities. The program includes opportunities
for participants to practice using the tools they have received, working together to
identify dilemmas facing their organizations, to develop strategies for addressing issues,
and to create action items.
The overall objectives for the four-day program are to:
• Create an environment of trust and begin networking with program participants
• Understand fundamental concepts related to an intercultural approach to
inclusion and equity
• Learn tools and skills that can be applied to influence organizational change
• Identify inclusion and equity issues and begin to develop an action plan to
advance equity and inclusion in participant organizations or groups.
Specific learning objectives are:
• Understand how we process diversity related information to form perceptions
about self and others
• Create shared meaning around key terms
• Examine some of the foundations of culture
• Examine personal identity and its relationship to culture
• Examine how language, non-verbal communication, and values can impact
interactions
• Begin to unpack inclusion and equity issues in individual organizations using an
intercultural approach
• Develop an awareness of the ethics of being a driver of change related to equity
and inclusion
• Develop a personal leadership vision
• Continue unpacking inclusion and equity related issues in the workplace using an
intercultural approach
• Identify conflict styles and become aware of how personal conflict style impacts
one's interpretation of information and emotion during an exchange
• Begin to understand how to use assessment tools for purposes of development
• Learn multiple factors that impact organizational change
• Examine strategies and tools for organizational change
THE CITY UOF
DB E
Masterpiece on the Mississippi
Practice applying tools and developing an action plan to impact equity and
inclusion in the organization.
Exhibit 6
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EXHIBIT C
FoaSioantls HEART
HEART HVOGE! CEHG Pontled ALR4ties
Revertle
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EXHIBIT D
STANDARD REQUIREMENTS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)AGREEMENTS
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. Procurement 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
2
3. Land Covenants..............................................................................................5
4. Section 504 .....................................................................................................5
B. Affirmative Action ....................................................................................................5
1. Approved Plan................................................................................................5
2. Women-Minority Businesses (W/M BE).........................................................5
3. Access to Records...........................................................................................6
4. Notifications...................................................................................................6
5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement6
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 Faith Based 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
VIIIWAIVER....................................................................................................................10
IX ENTIRE AGREEMENT................................................................................................10
3
EXHIBIT D
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
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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
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 2 CFR 200.49 or 200.419 as applicable 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 2 CFR 200 Subpart E Cost
Principles. These principles shall be applied for all costs incurred whether charged on a
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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 2 CFR 200.333-337: 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 HU D 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 (4) 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
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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 2 CFR 200 Subpart
F
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 outwith 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 balances 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.
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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
(unexpended program income, property, equipment, etc.) shall revert to the Recipient upon
termination of this Agreement.
2. 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
Unless specified otherwise within this agreement,the Subrecipient shall procure all materials,
property, or services in accordance with the requirements of 2 CFR part 200.
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 2 CFR Part 200 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.
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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 REPLACEIVIETN
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 I 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.
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
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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.
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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; explicitly 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 etseq.) 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 11 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
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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
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
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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 2CFR 200.112 and 24 CFR 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.
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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.
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,
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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 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.
7. Religious Organization
The Subrecipient agrees that funds provided under this Agreement will not be utilized for
explicitly religious activities prohibited by 24 CFR 570.200(j), such as worship, religious
instruction,or proselytization. Faith-based organizations that carry out programs or activities
with direct Federal financial assistance from HUD must comply with 24 CFR Part 5.109;
including to give written notice to beneficiaries and prospective beneficiaries and prospective
beneficiaries of the programs or activities describing:
a) The organization may not discriminate against a beneficiary or prospective beneficiary
based on religion, a religious belief, a refusal to hold a religious belief, or a refusal to
attend or participate in a religious practice;
b) The organization may not require a beneficiary to attend or participate in any explicitly
religious activities that are offered by the organization, and any participation by the
beneficiaries in those activities must be purely voluntary;
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c) The organization must separate in time or location any privately funded explicitly
religious activities from activities supported by direct Federal financial assistance;
d) If a beneficiary or prospective beneficiary objects to the religious character of the
organization, the organization will undertake reasonable efforts to identify and refer
the beneficiary to an alternative provider to which the beneficiary has no such
objection; and
e) A beneficiary or prospective beneficiary may report violations of these protections,
including any denials of services or benefits, to the Federal agency or intermediary
administering the program.
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.
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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.
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, "Administrative Requirements for Grants and Cooperative Agreements to State and
Local and Federally Recognized Tribal Governments," and 2 CFR 200 would apply.
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Exhibit E
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 inc24 cfome 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 June 15, 2017 for the Dubuque Metropolitan Area are as
follows:
Maximum Annual Income
Income Limits for Dubuque
(Effective 6/15/2017)
A B C D
Family Size 1 : $0 - $13,950 $13,951 - $23,250 $23,251 - $37,200 Above $37,200
Family Size 2 : $0 - $15,950 $15,951 - $26,600 $26,601 - $42,500 Above $42,500
Family Size 3 : $0 - $17,950 $17,951 - $29,900 $29,901 - $47,800 Above $47,800
Family Size 4 : $0 - $19,900 $19,901 - $33,200 $33,201 - $53,100 Above $53,100
Family Size 5 : $0 - $21,500 $21,501 - $35,900 $35,901 - $57,350 Above $57,350
Family Size 6 : $0 - $23,100 $23,101 - $38,550 $38,551 - $61,600 Above $61,600
Family Size 7 : $0 - $24,700 $24,701 - $41,200 $41,201 - $65,850 Above $65,850
Family Size 8 : $0 - $26,300 $26,301 - $43,850 $43,851 - $70,100 Above $70,100
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