CDBG - National Disaster Resilience Program Amendment No. 1 Copyrighted
August 7, 2017
City of Dubuque Consent Items # 13.
ITEM TITLE: Community Development Block Grant National Disaster
Resilience (CDBG-NDR) Program Contract Amendment
No. 1
SUMMARY: City Manager recommending approval of Amendment No. 1
to the current contract with the Iowa Economic
Development Authority for the CDBG-NDR Housing
Contract to comply with language revisions requested by
HUD.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
CDBG National Disaster Resilience Program Contract City Manager Memo
Amendment 1-MVM Memo
Community Development Block Grant national Disaster Staff Memo
Resilience Program Contract Amendment 1 Memo
CDBG-NDR Contract Amendment 1 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: Community Development Block Grant National Disaster Resilience
(CDBG-NDR) Program Contract Amendment 1
DATE: July 31, 2017
Housing & Community Development Department Director Alvin Nash recommends City
Council approval of Amendment No. 1 to the current contract with the Iowa Economic
Development Authority for the CDBG-NDR Housing Contract. HUD has requested
language revisions.
Mark Schneider, Grant Administrator with ECIA, stated the proposed amendment will
not impact the program in any significant way. The amendment to the contract provides
no major changes to the way the City will interact with participants or handle logistics of
the program. Signing the amendment is necessary to continue the grant agreement
with the Iowa Economic Development Authority.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
ZlAi4— k�4
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 Crrr of Dubuque
-Am oCiW
DUB E j en
Masterpiece on the Mississippi I I
TO: Michael C Van Milligen, City Manager
FROM: Alvin Nash, Director Housing and Community Development
DATE: July 21, 2017
RE: Community Development Block Grant National Disaster Resilience
(CDBG-NDR) Program Contract Amendment 1
INTRODUCTION
This memorandom transmits for City Council review and approval, a amendment to the
contract between the City and Iowa Economic Development Authority (IEDA) in regards
to City of Dubuque Housing NDR Grant 13-NDRH-001, passed and approved by
Resolution No. 363-16.
BACKGROUND
In October 2016, the City signed a contract with Iowa Economic Development Authority
(IEDA) to make flood-resilient improvements to 320 housing units. The Bee Branch
Healthy Homes program has been accepting and approving applications as well as
inspecting homes for eligible repairs since January 2017.
On July 6t° IEDA provided this amendment to ECIA, and stated it was due to a HUD
Technical Assistance visit with IEDA spring of 2017. IEDA requests the City sign the
amendment and return original documents to IEDA. City staff worked with East Central
Intergovernmental Association (ECIA) on the below, as they are the City's grant
administrator for this contract.
HUD recommends language revisions to the following numbered sections,
corresponding to the numbered sections in the proposed amendment:
1) Section 7.10 is standard IEDA language and it was omitted from the original
contract. As noted, for the Housing activities associated with the NDR contract,
(k) Design is applicable condition — as noted on page 1 of the Amendment. Item
(k) Design (page 2 of proposed amendment) states that "the Recipient (City of
Dubuque) will demonstrate that the engineering design for a project is feasible,
prior to the obligation of funds by the Recipient for construction. This
demonstration is satisfied if a registered professional engineer (or other design
professional) certifies that the design meets the appropriate code or industry
design and construction standards (as applicable)." ECIA is generally the design
professionals certifying that the work specification will comply with the design
standards associated with the NDR standards as applicable in this contract.
Should a structural engineer be required for any given project, the engineer and
ECIA will certify that the design is in compliance with the NDR standards in the
contract.
2) IEDA updated their CDBG Program General Provisions on May 1 , 2017. The
update is now incorporated into the contract.
3) IEDA developed the NDR Policies Manual and it replaces the Bee Branch
Program Guidelines previously referenced in the contract.
4) Same revision as #2.
5) IEDA is stating that the City's Procurement Policy must be in compliance with the
2 CFR 200 regulations. I believe the City's Procurement Policy is in compliance.
6) IEDA and HUD recognized that the performance targets are a challenge with the
many IEDA and HUD revisions that have been developed since the awarding of
the contract. This section now allows for an explanation of any potential
deviations from the performance targets and the means to address them.
7) IEDA developed the NDR Policies Manual as noted above in #3 and it replaces
the former Attachment D Guidelines while incorporating numerous Guidelines
into one overall set of Guidelines and policies.
DISCUSSION
Mark Schneider, Grant Administrator with ECIA, stated the proposed amendment will
not impact the program in any significant way. The amendment to the contract provides
no major changes to the way the City will interact with participants or handle logistics of
the program. Signing the amendment is necessary to continue the grant agreement
with IEDA.
REQUESTED ACTION
I recommend that the City Council approve the attached resolution approving
amendment number 1 to the current contract with the Iowa Economic Development
Authority for the CDBG-NDR Housing contract, and authorize the Mayor to sign the
attached amendment on behalf of the City.
Cc:
Teri Goodmann- Assistant City Manager
John Tharp- Grant Administrator
Erica Haugen- CDBG/HCV Supervisor
Kelley Deutmeyer, Executive Director, ECIA
Sharon Gaul- Resiliency Coordinator
2
Iowa Economic Development Authority
Community Development Block Grant National Disaster Resilience (CDBG-NDR) Program
Contract Amendment
Recipient: City of Dubuque
Contract Number: 13-NDRH-001
Contract Amendment Number: 1
Amendment Effective Date: June 1, 2017
The Iowa Economic Development Authority (IEDA) hereby amends the above referenced Community Development Block Grant
National Disaster Resilience (CDBG-NDR) Program contract. The IEDA initiated amendment is a result of recommendations by
HUD CDBG-NDR national staff during their March 2017 technical assistance monitoring.
The contract by and between the Iowa Economic Development Authority ("Department or IEDA") and City of Dubuque
("Recipient") is amended as of the date shown above as follows:
1. AMEND 7. CONDITIONS TO DISBURSEMENT FOR A SPECIFIC ACTIVITY. by adding 7.10 condition (k):
"7.10 CONDITIONS TO DISBURSEMENT FOR A SPECIFIC ACTIVITY., For each activity number listed below, the
Recipient shall comply with the corresponding applicable conditions prior to release of funds for that activity. If no
applicable conditions are identified below, none of the conditions in Article 7.10 shall apply to the activities funded by
this Contract.
ACTIVITY NUMBER(S) APPLICABLE CONDITIONS
733. 734. 971 (k' DESIGN (as applicable)
(a) DEPARTMENT OF NATURAL RESOURCES APPROVAL. Construction shall not begin prior to the
written approval of the Iowa Department of Natural Resources.
(b) REVIEW OF HANDICAPPED ACCESSIBILITY. Prior to release of funds for construction, the
Authority shall receive and review a signed statement from the Project architect that proposed construction will meet all
handicapped accessibility and ADA requirements based on approved design plans.
(c) DEPARTMENT OF HEALTH APPROVAL. Construction shall not begin prior to receipt of written
approval from the Iowa Department of Health.
(d) FRANCHISE ORDINANCE/28E AGREEMENT. Prior to the release of funds for construction, the
Recipient shall submit, as appropriate, either an ordinance authorizing the franchise or an executed 28E Agreement for
the activity for the Authority's review.
(e) BULK PURCHASE AGREEMENT. Prior to release of funds for construction, the Recipient shall
submit an executed "Bulk Purchase Agreement" for the Authority's review.
(f) RURAL WATER CONNECTION FEE PROJECTS. Prior to release of funds for payment of a
connection fee, the Authority shall receive and review a copy of the water purchase agreement which outlines the basis
for determining the connection fee; a signed letter with the engineer's seal from the project engineer which certifies that
construction is complete and water service is available to the Recipient; and a formal invoice from the Subrecipient
which requests payment of the connection fee and provides a breakdown of the Federal and local dollar amounts. The
Request for Payment/ Activity Status Report for the connection fee will not be processed until the Authority has
received the required documentation listed in this Article.
(g) STATE BUILDING CODE BUREAU APPROVAL. Bidding for construction shall not be conducted
prior to the written approval of the final plans by the State Building Code Bureau of the Iowa Department of Public
Safety.
(h) FACADE EASEMENTS. Prior to release of funds for construction, the Recipient shall submit, as
appropriate, signed copies of all facade easements and construction agreements with property owners when required
for downtown revitalization projects.
(1) STORMWATER.DESIGN AND CONSTRUCTION DOCUMENTS. Prior to bidding, the Recipient
shall submit project final design and construction documents for the Authority to review for consistency with "Budget
Activity" subsequently approved by the Authority. Recipient shall also consult with Iowa Department of Agriculture and
Land Stewardship (IDALS) Urban Conservation Program Team on project stormwater management designs at 30, 60,
90 percent, and final design. The Recipient shall then secure and upload to www.lowaGrants.gov a letter from IDALS
confirming stormwater management designs meet the requirements of the Iowa Green Streets Criteria and the Iowa
Stormwater Management Manual (as applicable).
(j) PERPETUAL RESTRICTIONS. Prior to release of funds for acquisition, the Recipient shall provide
the Authority evidence that appropriate perpetual deed restrictions and agreement for covenants and restrictions as
required pursuant to Sections 5.9 and 5.10 of this Contract.
(k) DESIGN. Prior to the Recipient's obligation of funds for construction, the Recipient will demonstrate
that the engineering design for a Project is feasible, prior to obligation of funds by the Recipient for construction. This
demonstration is satisfied if a registered professional engineer (or other design professional) certifies that the design
meets the appropriate code or industry design and construction standards (as applicable)."
2. AMEND Article 11.1 DOCUMENTS INCORPORATED BY REFERENCE. by revising date of Attachment C,
"CDBG Program General Provisions," dated February 24, 2016 and replacing (f) Attachment D "National Disaster
Resilience Policies and Procedures Manual and the incorporated Program Specific Guidelines".
"(c) Attachment C, "CDBG Program General Provisions," dated Fcbruary 21, 2016 Mav 1. 2017."
"(f) Attachment D, "" _ . ' ' , , ! " State of Iowa's
Community Development Block Grant National Disaster Resilience Policies and Procedures Manual and the incorporated
Program Specific Guidelines as found on the Authority's website at
httos://wvvw.iowaeconomicdevelooment.com/Communitv/NDR.".
3. AMEND Article 11.2 ORDER OF PRIORITY. by revising date of Attachment C, "CDBG Program General
Provisions," dated February 24, 2016 and replacing (g) Attachment D "National Disaster Resilience Policies and
Procedures Manual and the incorporated Program Specific Guidelines"
"(b) Attachment C, "CDBG Program General Provisions," dated February 24, 2016 Mav 1, 2017."
°(g) Attachment D, ""Bes grans;) H. _ - -: -• - - ' '-- _ . - ! " State of Iowa's
Community Development Block Grant National Disaster Resilience Policies and Procedures Manual and the
incorporated Program Specific Guidelines as found on the Authority's website at
httos://www.iowaeconomicdevelooment.com/Communitv/NDR."
4. AMEND Attachment C, "CDBG Program General Provisions," dated October 4, 2016 by revising date of Attachment C:
"ATTACHMENT C
GENERAL PROVISIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
October 4, 2016 Mav 1. 2017"
5. AMEND ATTACHMENT C, GENERAL PROVISIONS, COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM,
May 1, 2017 by adding a new section 18.0 and renumbering the existing 18.0 IOWA ECONOMIC DEVELOPMENT
AUTHORITY FRAUD AND WASTE POLICY to number 19.0:
"18.0 PROCUREMENT.
For purposes of this agreement Cities and Counties are required to adopt the federal procurement policies and
procedures that align with Federal provisions of 2 CFR 200.318-200.326. The Procurement Policy is found in "Iowa
Community Development Block Grant Management Guide", as found on the Authority's website at
www.iowaeconomicdevelopment.com/Community/CDBG.
"48vG 19.0 IOWA ECONOMIC DEVELOPMENT AUTHORITY FRAUD AND WASTE POLICY."
6. AMEND Attachment A, "Program Description" by replacing the first paragraph with the following paragraph:
_•• -
- - . The
following "Program Description" is incorporated into the recipient's IowaGrants.aov account. Cost oroiections and tasks
Der auarter are considered a startina point based on an estimate of expenses and deviations are allowable. The IEDA
Protect Manager will track actual quarterly soendina for each Recipient and compare this to the proiected Quarterly
soendina as listed in Attachment A of the proiect contract. The soendina tracker worksheet will be stored in the
iowaarants.aov Required Uploads tab, Quarterly Budaet and Plan. for each Recipient and updated auarterlv by the
Proaram Manaaer. The eroaram auidelines. as found on the Authority's website at
httos://www.iowaeconomicdevelooment.com/Communitv/NDR State of Iowa's Community Development Block Grant
National Disaster Resilience Policies and Procedures Manual and the incorporated Proaram Specific Guidelines,
outline how deviations from the estimated soendina will be addressed."
7. AMEND contract by replacing Attachment D, ""Bee Branch Healthy Homes Resiliency Program Guidelines" with
Attachment D "National Disaster Resilience Policies and Procedures Manual and the incorporated Program Specific
Guidelines:
"Attachment D, State of Iowa's Community Development Block Grant National Disaster Resilience Policies and
Procedures Manual and the incorporated Program Specific Guidelines as found on the Authority's website at
https://www.iowaeconomicdevelopment.com/Community/NDR.*
*The Recipient shall note that the NDR Policy and Procedures Manual includes Program Specific Guidelines relevant
as follows:
a) Community Development Block Grant — National Disaster Resiliency (CDBG-NDR) Iowa Watershed Approach
Guidelines: Infrastructure
b) Community Development Block Grant — National Disaster Resiliency (CDBG-NDR) Iowa Watershed Approach
Guidelines: Bee Branch Healthy Homes Resiliency Program
c) Community Development Block Grant — National Disaster Resiliency (CDBG-NDR) Iowa Watershed Approach
Guidelines: Watershed Projects
d) Community Development Block Grant — National Disaster Resiliency (CDBG-NDR) Iowa Watershed Approach
Guidelines: Planning Partners
The Authority cannot overemphasize the importance of the Recipient following the respective Program Specific
Guidelines."
Except as otherwise revised above, the terms, provisions, and conditions of the Contract remain unchanged and are in full force and
effect.
RECIPIENT: CITY QF'DUBUQUE
BY: a. bj fi
Roy D. Bu ;-Mayor
IOWA ECONOMIC DEVELOPMENT AUTHORITY
BY:
Timothy R. Waddell, Division Administrator