Homelessness Prevention_RRHP Agreement with Project ConcernDubuque
THE CITY OF
~T T ~ ~ All-anedca City
U ~
Masterpiece on the Mississippi
k
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Homelessness Prevention and Rapid Re-Housing Program Agreement
with Project Concern, Inc.
DATE: September 15, 2009
The City of Dubuque received $502,294 in Homelessness Prevention and Rapid
Re-Housing Program (HPRP) funds from HUD through the American Recovery and
Reinvestment Act. The HPRP program will provide financial and other assistance to
prevent individuals and families from becoming homeless and help those who are
experiencing homelessness to be quickly re-housed and stabilized.
Housing and Community Development Department Director David Harris recommends
City Council approval of an agreement with Project Concern, Inc. for the Homelessness
Prevention and Rapid Re-Housing Program in the amount of $502,294.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
THE CITY OF ~ Dubuque
DUB E ~~"'~~
Masterpiece on the Mississippi
2007
TO: Michae`~~~n Milligen, City Manager
FROM: David Harris, Housing and Community Development Department
SUBJECT: Homelessness Prevention and Rapid Re-Housing Program (HPRP)
Agreement with Project Concern, Inc.
DATE: September 10, 2009
INTRODUCTION
This memorandum requests City Council adoption of a resolution authorizing the Mayor
to execute an agreement with Project Concern, Inc. for the Homelessness Prevention and
Rapid Re-Housing Program in the amount of $502,294.
DISCUSSION
The City of Dubuque received $502 294 in HPRP funds from HUD through the American
Recovery and Reinvestment Act. The HPRP program will provide financial and other
assistance to prevent individuals and families from becoming homeless and help those
who are experiencing homelessness to be quickly re-housed and stabilized. The funds
will target individuals and families who would become homeless if not for this assistance.
The funds will provide for short-term and medium-term rental assistance and housing
relocation and stabilization services, including such activities as mediation, security or
utility deposits, utility payments, moving cost assistance, and case management. All
persons and families assisted must have incomes below 50% of area median income.
The attached agreement with Project Concern establishes that agency as the primary
service delivery provider for HPRP grant activities. Project Concern staff is fully trained
and equipped to use the automated Homeless Management Information System (HMIs)
reporting software program required by HUD for data entry. This capacity is essential for
grant performance, as HUD is requiring timely expenditure as a condition of a continuing
grant contract.
ACTION STEP
The action requested of the City Council is to approve the attached resolution authorizing
the Mayor to execute the agreement with Project Concern, Inc for the Homelessness
Prevention and Rapid Re-Housing Program in the amount of $502 294.
Prepared by Aggie Tauke, Community Development Specialist
F:\USERSWTAUKEV-IPRP\HPRP-PC Agree. mvm memo.doc
RESOLUTION NO. 345-09
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PROJECT
CONCERN INC. FOR THE HOMELESSNESS PREVENTION AND RAPID RE-
HOUSING PROGRAM (HPRP).
Whereas, the City of Dubuque has received funding from the U.S. Department of
Housing and Urban Development (HUD) for the Homelessness Prevention and Rapid
Re-Housing Program (HPRP) in the amount of $502,294 under Title XII of the American
Recovery and Re-investment Act of 2009; and
WHEREAS, the City wishes to utilize Homelessness and Rapid Re-Housing funds
to prevent individuals and families from becoming homeless and help those who are
experiencing homelessness to be quickly re-housed and stabilized; and
Whereas, the City wishes to enter into an agreement with Project Concern Inc.
for the Homelessness Prevention and Rapid Re-Housing Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City Council hereby enters into an agreement with Project
Concern, Inc for the Homelessness Prevention and Rapid Re-Housing Program in the
amount of $502 294.
Section 2. That the Mayor is hereby authorized to execute the attached agreement
with Project Concern Inc, for the aforementioned program in accordance with the
guidelines established by HUD for the Homelessness Prevention and Rapid Re-Housing
Program .
Passed, approved and adopted this 21St day of September, 2009.
Attest:
,'
/'-_
.~'.~~ ° _
CJeanne F. Schneider, City Clerk
City Clerk
Jq~i e Connors, Mayor Pro-Tem
F:\USERS\ATAUKE\HPRP\HPRP-PC Agreement Res.doc
AGREEMENT BETWEEN THE
CITY OF DUBUQUE IOWA
AND
PROJECT CONCERN
HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM
(HPRP S09-MY-19-0005)
FOR THE USE OF
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FUNDS
HPRP-PC2009.1
DUNS # 16-848-9987
THIS AGREEMENT, entered into this day of September 2009, to be effective as of such
date, by and between the City of Dubuque, ("City"), and Project Concern ("Subrecipient");
WHEREAS, the City is the recipient of Homelessness and Rapid Re-Housing (HPRP) funds
granted by the U.S. Department of Housing and Urban Development (HUD) under Title XII of the
American Recovery and Re-investment Act of 2009; and
WHEREAS, the City wishes to utilize Homelessness and Rapid Re-Housing funds to assist the
Subrecipient in providing services to those participants that meet the low-income (below 50% area
median income as determined by HUD) guidelines.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
PARTI
1. PURPOSE AND SCOPE OF SERVICES
The Subrecipient shall provide sufficient staff, support services, and facilities to deliver the
following services.
1. Subrecipient will operate both a Homeless Prevention Program and a Rapid Re-Housing
Program.
2. Each household receiving assistance will be required to meet at least once with a case
manager.
3. Households will receive HPRP assistance only as long as necessary.
4. Each household receiving assistance for more than three months will meet at least every
FY2010 - HPRP 1
three months with a case manager.
5. Each household receiving assistance for over one year will have their household income
verified annually and, if receiving rental assistance, will have their housing unit inspected
annually to assure it meets HQS standards (or Habitability Standards at a minimum),
and is free of lead based paint hazards if applicable.
6. For those receiving rental assistance, the unit to be assisted must meet the Housing
Quality Standards (HQS) for HPRP, and pass a lead based paint inspection if
applicable.
7. Each household moving into a new unit that receives rental assistance or security
deposits will have the unit inspected to determine if the unit meets HQS standards and is
free of lead based paint hazards. Units will be inspected on an annual basis and upon a
change of tenancy.
8. If a household is in need of more intensive services that the HPRP can provide,
Subrecipient staff will provide referrals to other community service agencies.
9. Subrecipient staff will coordinate with the local Continuum of Care (CoC) and other
organizations to ensure the HPRP activities are aligned with the CoC strategies for
preventing and ending homelessness and rapid re-housing.
10. Payments may not be made directly to participants, but only to third parties, such as
landlords or utility companies.
A. Homelessness Prevention Program
Subrecipient will provide Homelessness Prevention assistance to individuals and families who
are at risk of becoming homeless and who would be homeless without such assistance. The
Homelessness Prevention Program will provide the following assistance to qualified
applicants.
1. Short-term rental assistance of up to 3 months.
2. Medium-term rental assistance of up to 18 months.
3. Security and Utility Deposits.
4. Utility Payments
5. Moving Cost Assistance
6. Motel and Hotel Vouchers
B. Rapid Re-Housing Program Details
Subrecipient will provide Rapid Re-Housing assistance to individuals and families who are
homeless. The Rapid Re-Housing program will provide the following assistance to qualified
applicants.
1. Short term rental assistance of up to 3 months.
FY2010 -HPRP Page 2 of 17
Project Concern
2. Medium-term rental assistance of up to 18 months.
3. Security and Utility Deposits.
4. Utility Payments.
The following assistance will be provided to qualified participants.
1. Financial Assistance: Financial assistance is limited to the following activities: short-
term rental assistance of up to 3 months, medium-term rental assistance of up to 18
months, security deposits, utility deposits, utility payments, moving cost assistance, and
motel and hotel vouchers. Payments must not be made directly to program participants,
but only to third parties, such as landlords or utility companies. In addition, an assisted
property may not be owned by the City, Subrecipient or the parent, subsidiary or
affiliated organization of the Subrecipient.
Rental Assistance:
Short- and medium-term rental assistance is tenant-based rental assistance that can be
used to allow individuals and families to remain in their existing rental units or to help
them obtain and remain in rental units they select.
Short-term rental assistance may not exceed rental costs accrued over a period of 3
months.
Medium-term rental assistance may not exceed actual rental costs accrued over a
period of 4 to 18 months. No program participant may receive more than 18 months of
assistance under HPRP.
After 3 months, if program participants receiving short-term rental assistance need
additional financial assistance to remain housed, they must be evaluated for eligibility to
receive up to 15 additional months of medium-term rental assistance, for a total of 18
months. Subrecipient must certify eligibility at least once every 3 months for all program
participants receiving medium-term rental assistance. City encourages the Subrecipient
to provide ongoing case management, as needed, to all program participants receiving
rental assistance in order to transition them to independence, including permanent
housing arrangements (subsidized or unsubsidized).
Maximum Amount of Assistance:
Maximum amount of assistance that a single individual or family may receive from
HPRP funds, or may set a maximum number of times that an individual or family may
receive assistance, as long as the total amount of assistance that any individual or
family receives does not exceed an amount equal to 18 months of rental assistance.
Security and utility deposits:
HPRP funds may be used to pay for security deposits, including utility deposits, for
eligible program participants. In contrast to the requirements regarding rental
assistance payments, security and utility deposits covering the same period of time in
FY2010 -HPRP Page 3 of 17
Project Concern
which assistance is being provided through another housing subsidy program are
eligible, as long as they cover separate cost types.
Utility payments:
HPRP funds may be used for up to 18 months of utility payments, including up to 6
months of utility payments in arrears, for each program participant, provided that the
program participant or a member of his/her household has an account in his/her name
with a utility company or proof of responsibility to make utility payments, such as
cancelled checks or receipts in his/her name from a utility company.
Moving cost assistance:
HPRP funds may be used for reasonable moving costs, such as truck rental, hiring a
moving company, or short-term storage fees for a maximum of 3 months or until the
program participant is in housing, whichever is shorter.
Motel and hotel vouchers:
HPRP funds may be used for reasonable and appropriate motel and hotel vouchers for
up to 30 days if no appropriate shelter beds are available and subsequent rental
housing has been identified but is not immediately available for move-in by the program
participants.
2. Housing Relocation and Stabilization Services:
HPRP funds may be used for services that assist program participants with housing
stability and placement. These services are limited to the following eligible activities:
Case management:
HPRP case management funds may be used for activities for the arrangement,
coordination, monitoring, and delivery of services related to meeting the housing needs
of program participants and helping them obtain housing stability. Component services
and activities may include: counseling; developing, securing, and coordinating services;
monitoring and evaluating program participant progress; assuring that program
participants' rights are protected; and developing an individualized housing and service
plan, including a path to permanent housing stability subsequent to HPRP financial
assistance.
Outreach and engagement:
HPRP funds may be used for services or assistance designed to publicize the
availability of programs to make persons who are homeless or almost homeless aware
of these and other available services and programs.
Housing search and placement:
HPRP housing search and placement funds may be used for services or activities
designed to assist individuals or families in locating, obtaining, and retaining suitable
housing. Component services or activities may include: tenant counseling; assisting
individuals and families to understand leases; securing utilities; making moving
FY2010 -HPRP Paqe 4 of 17
Project Concern
arrangements; representative payee services concerning rent and utilities; and
mediation and outreach to property owners related to locating or retaining housing.
Legal services:
HPRP funds may be used for legal services to help people stay in their homes, such as
services or activities provided by a lawyer or other person(s) under the supervision of a
lawyer to assist program participants with legal advice and representation in
administrative or court proceedings related to tenant/landlord matters or housing issues.
Legal services related to mortgages are not eligible.
Credit repair:
HPRP funds may be used for services that are targeted to assist program participants
with critical skills related to household budgeting, money management, accessing a free
personal credit report, and resolving personal credit issues.
C. Plan for Outreach
Outreach for the HPRP funds will include a press release announcing the funding and
giving potential Participants a brief summation of the program along with contact
information. Brochures and flyers for the program will be created and placed in the Project
Concern office as well as in the offices of other local community service providers, such as
the City of Dubuque's Section 8 office and local homeless shelters.
D. Plan for Participants to Access Mainstream Services
Case managers will ensure Participants are directed to other mainstream services as
appropriate.
E. Amount of Assistance Per Household
Each client will have different needs requiring different levels of assistance and different
amounts of assistance. Client participation will be evaluated at each case management
appointment. Participants will participate in rental and utility payments as appropriate.
F. Eligibility Requirements
Homeless persons and person at risk of becoming homeless must meet the following
criteria to be assisted with HPRP:
1. The individual or family receiving rental assistance must have at least an initial
consultation with a case manager to determine need.
2. The household must be at or below 50% of the Area Median Income (AMI) as
determined by HUD.
3. Household must meet both of the following circumstances:
a) no appropriate subsequent housing options have been identified; AND
b) the household lacks the financial resources and support networks needed
to obtain immediate housing or remain in its existing housing.
FY2010 -HPRP Page 5 of 17
Project Concern
4. Participants applying to the Rapid Re-Housing program must be homeless as defined
by Section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S. C. 11302)
5. Participants must live in Dubuque at the time of application.
6. Participants will be eligible only for the minimum amount of assistance necessary to
help them avoid homelessness or move from homelessness to stable housing.
7. The applicant must agree to meet regularly (at a minimum, every three months) with a
case manager.
2. TIME OF PERFORMANCE
The Subrecipient shall perform according to the following schedule.
A. Program Element Deadline
1. Execute Contract for Project September 21, 2009
2. Acquisition of Property (if applicable) N/A
3. Project Start Date September 21, 2009
4. Project Completion Date September 30, 2012
5. Monitoring Period Life of Grant
This schedule is subject to change by mutual agreement of both parties in writing.
3. PROPOSED PROJECT BUDGET
A. Financial Assistance
1. Homelessness Prevention
2. Rapid Re-Housing
B. Housing Relocation and Stabilization
1. Homelessness Prevention
2. Rapid Re-Housing
C. Data Collection and Evaluation
D. Administration
Included in this number is:
1. Rent & Utilities $7000
2. Travel $1500
3. Training $2250
4. Contractual Services $2000
5. Supplies $2000
FY2010 - HPRP
Project Concern
Amount
$225,000
$ 90,000
$ 77,294
$ 75,000
$ 10, 000
$ 25,000
Page 6 of 17
6. Printing and Postage $1885
7. Administration $8365
Total Project Cost
$502,294
4. COMPENSATION AND METHOD OF PAYMENT
The City shall pay and the Subrecipient agrees to accept in full no more than FIVE HUNDRED
TWO THOUSAND, TWO HUNDRED NINETY FOUR AND .00/100 DOLLARS ($502,294)
(hereinafter "Grant") for performance under this Agreement, as follows:
A. Partial payments shall be made upon presentation of other supporting documents covering
all amounts to be paid, and/or time sheets and other source documents on a monthly basis.
B. Sixty percent (60%) of the grant funds must be expended within two years (by August 30,
2011) and 100% must be expended within three years (by August 30, 2012). All funds are
to be expended from HUD by September 30, 2012 and no funds can be drawn down after
the three year expenditure deadline. If sixty percent of the grant funds are not spent within 2
years of the date that HUD signed the grant agreement (July 14, 2009) HUD will reallocate
the funds.
C. All payments under this Agreement are subject to receipt by the City of sufficient federal
funds for the Homelessness Prevention and Rapid Re-Housing (HPRP) program. HPRP
funds shall be drawn from the U.S. Treasury by the City through the Integrated
Disbursement and Information System (IDIS). The City shall retain exclusive direct access
rights to the IDIS system. All access to the IDIS system will be by duly authorized persons
designated by the City as approved by HUD. Any termination, reduction or delay of receipt
of HPRP funds to the City shall, at the option of the City, result in the termination, reduction
or delay of HPRP funds to the Subrecipient.
5. TERMS AND CONDITIONS
A. The City shall have no responsibility or liability for the maintenance, operation or program
funding for the Subrecipient.
B. At the time of execution of this Agreement, Subrecipient shall provide to City copies of
Subrecipient's insurance certificates showing general liability, automobile liability, and
workers compensation insurance coverage to the satisfaction of City for the term of this
Agreement.
C. Until at least completion of the Project the Subrecipient or successors or assigns shall, in a
manner satisfactory to the City, fulfill its stated purpose as outlined in Part 1.1.A of this
Agreement.
D. In the event the Subrecipient defaults in the performance or observance of any covenant,
agreement or obligation set forth in this Agreement, and if such default remains uncured for
FY2010 -HPRP Page 7 of 17
Project Concern
a period of thirty (30) days after notice thereof shall have been given by the City to the
Subrecipient (or for a period of sixty (60) days after such notice if such default is curable but
requires acts to be done or conditions to be remedied which, by their nature, cannot be
done or remedied within such 30-day period and thereafter Subrecipient fails to diligently
and continuously prosecute the same to completion within such 60-day period), then the
City may declare that the Subrecipient is in default hereunder and may take any one or
more of the following steps, at its option:
1) by mandamus or other suit, action or proceeding at law or in equity, require the
Subrecipient to perform its obligations and covenants hereunder, or enjoin any acts or
things which may be unlawful or in violation of the rights of the City hereunder, or obtain
damages caused to the City by any such default;
2) have access to and inspect, examine and make copies of all books and records of the
Subrecipient which pertain to the Project;
3) declare a default of this Agreement, make no further disbursements, and demand
immediate repayment from the Subrecipient of any funds previously disbursed under
this Agreement;
4) terminate this Agreement as provided in Section 11 of Part II of this Agreement; and
5) take whatever other action at law or in equity may appear necessary or desirable to
enforce the obligations, covenants and restrictions of the Subrecipient hereunder
including but not limited to the recovery of funds. No delay in enforcing the provisions
hereof as to any breach or violation shall impair, damage or waive the right of the City to
enforce the same or to obtain relief against or recover for the continuation or repetition
of such breach or violation or any similar breach or violation thereof at any later time or
times.
E. Except as provided herein, the terms of this Agreement shall be effective from the date of
execution until the end of the monitoring period, or until all required reports are filed, if
later.
F. The Subrecipient agrees to comply with all applicable federal, state, and local laws and
regulations governing the funds provided under this contract, including said HPRP
regulations are published in Docket No. FR-5307-N-01.
G. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employerJemployee between the parties. The
Subrecipient shall at all times remain an independent contractor with the respect to the
services to be performed under this Agreement. The City 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.
FY2010 - HPRP Page 8 of 17
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PART II
1. PERFORMANCE AND REPORTING
A. The Subrecipient proposes to provide assistance to program participants (unduplicated) as
follows:
Homelessness Prevention
^ will assist 135 number of households overall
^ will provide short term assistance to 20 households overall and medium term
assistance to 115 households
^ will stabilize the housing situation of 90% of households assisted
Rapid Re- Housing
^ will assist 72 households overall
^ will stabilize the housing situation of 75% of households assisted
Targeted # of Households
Individual or famil to Be Served
Homelessness
Prevention Rapid Re-Housing
Year 1 Year 2 Year 3 Year 1 Year 2 Year 3
56 45 34 27 24 21
A. The Subrecipient will be required to use the Homeless Management Information System
(HMIs) to collect and report client-level data, outputs and outcomes, and reports as required
by HUD.
B. The Subrecipient will develop and implement procedures to ensure:
1) The confidentiality of records pertaining to any individual provided with assistance; and
2) That the address or location of any assisted housing will not be made public, except to
the extent that this prohibition contradicts a preexisting privacy policy of the City or
Subrecipient.
C. The Subrecipient shall direct all notices, reports, insurance policies, and other
communications related to or required by this Agreement to the office of the Housing and
Community Development Department, 350 West 6th Street, Suite 312, Dubuque IA 52001.
Any notice required or to be given under this Agreement shall be given by ordinary mail to
the other party at the address of such party stated herein or, if none, then to the last known
address of such party.
D. Until the completion of the Project and expenditure of alt HPRP funds disbursed under this
Agreement, the Subrecipient shall submit monthly reports describing progress of the project
activities by the 1st of each month. Reports shall also be generated through the HMIs as
required.
E. The Subrecipient will submit quarterly reports and have systems and internal controls in
FY2010 - HPRP Page 9 of 17
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place that allow separate tracking and reporting on Recovery Act funds. These reporting
requirements are outlined below:
Re ort T e Re ortin Period
Initial Performance Report -Serves as the first Date of HUD obligation of funds to grantee
Quarterly Performance report. Due October 1, through September 30, 2009
2009.
Quarterly Performance Reports -Due 15 day October 1 -December 31
after the end of each fiscal quarter in January 1 -March 31
which HPRP funds are expended. April 1 -June 30
Jul 1 - Se tember 30
Annual Performance Report -Due 30 days October 1 -September 30
after the end of the federal fiscal year for each
fiscal year in which HPRP funds are expended.
2. OTHER REPORTS, AUDITS AND INSPECTIONS
A. The Subrecipient shall promptly furnish the City or HUD with such statements, records, data
and information as the City or HUD may reasonably request pertaining to this Agreement.
B. During the term of this Agreement, any time during normal business hours, the Subrecipient
shall make available to the City, HUD and/or the Comptroller General of the United States, or
their duly authorized representatives, all of the Subrecipient's records in order to permit
examination of any audits, invoices, materials, payrolls, personnel records, conditions of
employment, and other data relating to all matters covered by this Agreement.
C. Non-Federal entities that expend $500,000 or more in a year of total Federal funds shall
have a single or program-specific audit conducted for that year in accordance with the
provisions of OMB Circular A- 133 "Audits of Institutions of Higher Education and other Non-
profit Organizations", and which disclosed the expenditure of HPRP funds allocated for the
Project. Audits shall be submitted 30 days after completion.
D. Non-Federal entities that expend less than $500,000 a year in Federal Awards are exempt
from Federal audit requirements for that year, but records must be available for review or
audit by appropriate officials of the Federal agency, pass-through entity, and General
Accounting Office.
E. The Subrecipient shall retain financial records, supporting documents, statistical records,
and all other records pertaining to expenditures under this Agreement for a period of five (5)
years from the date of completion (i.e., to September 30, 2017).
3. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
The requirements of applicable sections of OMB Circular A-122 "Cost Principles for Non-
FY2010 -HPRP Page 10 of 17
Project Concern
Profit Organizations," and OMB Circulars A-110., "Grants and Agreements with Institutions
of Higher Education, Hospitals and Other Non-Profit Organizations," and 1997 A-133,
~~
"Audits of States, Governments and Non-Profit Organizations, shall apply to the use of
funds disbursed under the Agreement to utilize adequate internal controls, and maintain
necessary source documentation for costs incurred.
B. Documentation and Record Keeping
1) Records to be maintained
The Subrecipient shall maintain all records that are pertinent to the activities to be funded
under this Agreement, including but not limited to:
a. Records providing a full description of each activity undertaken;
b. Records documenting compliance with the fair housing and equal opportunity
components of the HPRP program; and
c. Financial records as required by OMB Circular A-122, and/or OMB Circular A-133
and/or OMB Circular A-110.
2) Client Data
The Subrecipient shall maintain client data on the HMIS and in client files demonstrating
eligibility for services provided. Such data shall include, but not be limited to, signed
verification of income statement, citizenship, or other basis for determining eligibility, and
description of service provided. Such information shall be made available to City monitors
or their designees for review upon request.
3) Income Targeting
The Subrecipient agrees to maintain documentation demonstrating the activities carried out
with funds provided under this contract benefit low-income persons that are below 50% area
median income.
C. Procurement
1) Compliance
In the event of termination for cause as provided in Paragraph 11 or termination for
convenience as provided in Paragraph 12, a pro-rated portion of program assets
(unexpended program income, property, equipment, etc.) attributable to the City's HPRP
investment shall revert to the City upon termination of this contract, as provided in
Paragraphs 11 or 12 of this Agreement.
1) OMB Standards
The Subrecipient shall procure materials in accordance with the requirements of A-133, A-
122, Attachment O of OMB Circular A-110, Procurement Standards, and shall subsequently
follow Attachment N, Property Management Standards, covering utilization and disposal of
property.
FY2010 - HPRP Page 11 of 17
Project Concern
D. Amendments
The City or Subrecipient may amend this Agreement at any time provided that such
amendments are executed in writing and signed by a duly authorized representative of both
organizations. Such amendments shall not invalidate this Agreement, nor relieve or release
the City or Subrecipient from its obligations under this Agreement except to the extent
stated in any amendment.
4. NON-DISCRIMINATION AND AFFIRMATIVE MARKETING
No person shall be excluded from or denied the benefits of the Subrecipient's service on the
basis of age, race, color, religion, creed, national origin, sex, marital status, disability, or sexual
orientation. All current and prospective project beneficiaries must, however, be person in need
of the programs provided by the Subrecipient.
5. SECTION 504 COMPLIANCE
The Subrecipient confirms that no otherwise qualified individual with handicaps shall, solely by
reason of his/her handicap, be excused from participation in, be denied benefits of or be
subjected to discrimination. This does include, but is not limited to, housing, employment and the
delivery of services and programs.
6. EQUAL EMPLOYMENT OPPORTUNITY AND FAIR HOUSING
The Subrecipient certifies that it is an "Equal Opportunity Employer" and that it will comply with
Chapter 216 (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S.
Department of Housing and Urban Development pertaining to equal opportunity and affirmative
action employment. Further, the Subrecipient shall ensure that all contracts for work under this
Agreement contain appropriate equal employment opportunity statements.
7. SECTION 3
In conformance with the requirements of Section 3 of the Housing and Community Development
Act of 1968, to the greatest extent feasible the Subrecipient must award contracts for work to be
performed to eligible business concerns located in or owned by residents of the target area to
ensure that the employment and other economic opportunities generated by Federal financial
assistance for housing and community development programs shall, to the greatest extent
feasible, be directed toward low- and very-low income persons, particularly those who are
recipients of government assistance for housing (See 24CFR 570.607(b)).
8. W/MBE
The Subrecipient will use its best efforts to afford minority and women-owned business
enterprises (at least fifty-one (51) percent owned and controlled by minority group members or
women) the maximum practicable opportunity to participate in the performance of the
Agreement.
9. ENVIRONMENTAL ASSESSMENT AND HISTORIC PRESERVATION
The Subrecipient shall comply with all applicable environmental assessment and historic
preservation requirements of HUD and the State Historic Preservation Officer of Iowa.
FY2010 - HPRP Page 12 of 17
Project Concern
10. LEAD-BASED PAINT POISONING PREVENTION
The Subrecipient shall comply with requirements of the Federal regulations concerning the
Lead-Based Paint Poisoning Prevention Act and HUD regulations hereunder:
Department of Housing and Urban Development (24 CFR Part 35) Requirements for
Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned
Residential Property and Housing Receiving Federal Assistance, and
Environmental Protection Agency (40 CFR Part 745) Lead; Requirements for Hazard
Education Before Renovation of Target Housing.
11. TERMINATION OF AGREEMENT FOR CAUSE
If the Subrecipient fails to fulfill its obligations under this Agreement in timely and proper manner,
or if the Subrecipient violates any of the terms, agreements or stipulations of this Agreement, the
City shall thereupon have the right to terminate this Agreement by giving written notice to the
Subrecipient of such termination, specifying the default or defaults, and stating that. this
Agreement shall be terminated 30 days after giving of such notice unless such default or
defaults are remedied within such cure period. In the event of such termination, the
Subrecipient shall promptly repay to the City the full grant/loan amount or that portion of the
amounts which have been disbursed to the Subrecipient prior to such termination. Termination
for cause may be exercised in accordance with 24 CFR 85.43.
12. TERMINATION OF AGREEMENT FOR CONVENIENCE
This Agreement may be terminated in whole or in part upon the mutual agreement of the parties
hereto, in which case the City and the Subrecipient shall agree upon the termination conditions,
including the effective date, the disposition of contract amounts, and in the case of partial
termination, the portion to be terminated. However, if, in the case of partial termination, the City
determines that the remaining portion of the award will not accomplish the purposes for which
the award was made, and the award is terminated in its entirety, the Subrecipient shall promptly
repay to the City the full grant/loan amount or that portion of the amount which has been
disbursed to the Subrecipient prior to such termination. Termination for convenience may be
exercised in accordance with 24 CFR 85.44.
13. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS
A. No member or delegate to the Congress of the United States, and no resident
Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to
arise wherefrom.
B. No member of the governing body of the City, no officer, employee, official or agent of the
City, or other local public official who exercises any functions or responsibilities in
connection with the review, approval or carrying out of the Project to which this Agreement
pertains, shall have any private interest, direct or indirect, in this Agreement while in office
and for one year after holding the position.
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C. No federal funds appropriated under this Agreement shall be paid, by or on behalf of the
Subrecipient, to any person for influencing or attempting to influence a member of
Congress, an officer or employee of Congress or any federal agency 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 agreement.
14. INTEREST OF THE SUBRECIPIENT
The Subrecipient covenants that it has no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of the services to be
undertaken through this Agreement. The Subrecipient further covenants that in the performance
of this Agreement, no person having such an interest shall be employed by the Subrecipient.
15. GRANTOR RECOGNITION
All activities, facilities, and items utilized pursuant to this contract shall be prominently labeled as
HPRP funded. In addition, the Subrecipient will include a reference to the support provided
herein in all publications made possible with funds made available under this Agreement.
16. ASSIGNABILITY
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior
written approval of the City. Any assignment made without such consent shall be void. This
Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of
the parties hereto.
17. HOLD HARMLESS PROVISION
The Subrecipient shall indemnify, defend and hold harmless the City, its officers, employees and
agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees
and court costs) resulting from or incurred by reason of any actions based upon the negligent
acts or omissions of the Subrecipient's employees or agents during the performance of this
Agreement.
18. SEVERABILITY CLAUSE
If any one or more of the provisions contained in this Agreement are held to be invalid, illegal, or
unenforceable, this Agreement shall be deemed severable and the remainder of the Agreement
shall remain in full force and effect.
19. LIMITATIONS OF CITY LIABILITY -DISCLAIMER OF RELATIONSHIP
The City shall not be liable to the Subrecipient, or to any party, for completion of or failure to
complete any improvements which are part of the Project. Nothing contained in this Agreement,
nor any act or omission of the City or the Subrecipient, shall be construed to create any special
duty, relationship, third-party beneficiary, respondent superior, limited or general partnership,
joint venture, or any association by reason of the Subrecipient's involvement with the City.
20. FEDERAL LAWS
By virtue of the federal funding provided for under this Agreement, the Subrecipient and all other
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parties shall be bound by and adhere to all applicable laws, rules, policies, orders, and
directions.
21. RESPONSIBILITY FOR PROGRAM REGULATIONS
The Subrecipient is responsible for all regulations contained in Docket No. FR-5307-N-01 as it
may be amended from time to time. Housing and Community Development shall attempt to
forward copies of the updated regulations as they become available, however, the Subrecipient
shall be ultimately responsible for securing said updates.
22. UNIFORM ADMINISTRATIVE REQUIREMENTS
The Subrecipient must comply with applicable uniform administrative requirements, as described
in 24 CFR Part 570.502.
23. RELIGIOUS ORGANIZATIONS
Religious organizations receiving HPRP funds shall comply with Docket No. FR-5307-N-01.
24. ENFORCEMENT OF THE AGREEMENT
This Agreement shall be enforceable pursuant to the provisions of the mortgage and restrictive
covenants along with all legal and equitable remedies available to the parties pursuant to local,
state and federal law. Subrecipient shall furnish the mortgage and restrictive covenants to the
participating jurisdiction, in a form acceptable to the participating jurisdiction, prior to any funds
being disbursed.
25. REVERSION OF ASSETS
Subrecipient shall transfer to the participating jurisdiction any HPRP funds on hand at the
expiration of the Agreement and shall also transfer any accounts receivable attributable to the
use of HPRP funds.
26. HOUSING QUALITY STANDARDS
Housing occupied by a family or individual receiving HPRP assistance shall be maintained in
compliance with Housing Quality Standards (HQS).'The City Housing and Community
Development staff will conduct initial and any appropriate follow-up inspections of housing units
into which a program participant will be moving to insure that housing occupied by a family or
individual receiving HPRP assistance is in compliance with all applicable state and local housing
codes, licensing requirements and any other City requirements regarding the condition of the
structure and the operation of the housing or services. Units will be inspected on an annual basis
and upon a change of tenancy.
28. PROGRAM INCOME
At the end of the program year, all program income generated through this funding source will
be returned to the City.
29. OTHER PROGRAM REQUIREMENTS
Subrecipient shall carry out each activity in compliance with all federal laws and regulations
described in Docket No. FR-5307-N-01. In addition the Subrecipient agrees to maintain
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Project Concern
adequate administrative systems and capacity in place to adhere to the following requirements.
a) Uniform Administrative Requirements -All Urban Counties and Metropolitan Cities
receiving funds under HPRP shall be subject to the requirements of 24 CFR part 85.
Non-profit subrecipients shall be subject to the requirements of 24 CFR part 84.
b) Confidentiality -Each HPRP subrecipient must develop and implement procedures to
ensure (1) the confidentiality of records pertaining to any individual provided with
assistance; and (2) that the address or location of any assisted housing will not be
made public, except to the extent that this prohibition contradicts a preexisting privacy
policy of the grantee.
c) Discharge Policy -subrecipient must agree to develop and implement, to the maximum
extent practicable and where appropriate, policies and protocols for the discharge of
persons from publicly funded institutions or systems of care, in order to prevent such
discharge from immediately resulting in homelessness for such persons.
d) Lead-Based Paint Requirements -The Lead-Based Paint Poisoning Prevent Act, as
amended by the Residential Lead-Based Paint Hazards Reduction Act of 1992 and
implementing regulations at 24 CFR Part 35, subparts A, B, M and R shall apply to
housing occupied by families receiving assistance through HPRP.
e) Nondiscrimination and Equal Opportunity Requirements -subrecipients must comply with
all applicable fair housing and civil rights requirements in 24 CFR 5.105(a).
f) Fair Housing -Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to
affirmatively further fair housing. HUD requires the same of its funding recipients.
subrecipients will have a duty to affirmatively further fair housing opportunities for
classes protected under the Fair Housing Act.
g) Drug-free Workplace -The Drug-Free Workplace Act of 1998 and HUD's implementing
regulations at 24 CFR part 21 apply to HPRP.
h) Anti-Lobbying -The disclosure requirements and prohibitions of section 319 of the
Department of the Interior and Related Agencies Appropriations Act for Fiscal Year
1990, and implementing regulations at 24 CFR part 87, apply to HPRP.
30. Notices
Communication and details concerning this Agreement shall be directed to the following
representatives:
City of Dubuque
David Harris, Director
Housing and Community Development
350 West 6th Street Suite 312
Dubuque, Iowa 52001
subrecipient
Nancy Lewis
Project Concern
1789 Elm Suite B
Dubuque, IA 52001
FY2010 - HPRP
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Page 16 of 17
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this _ day of
September, 2009.
Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor
Project Concern
Nancy Lewis, Executive Director
Board Chairperson
F:\USERSV+TAUKEWPRPWPRP-ProjeC Concern Agreement.tloc
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