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Community Development Block Grant (CDBG) Agreement with Crescent Community Health Center Copyrighted October 7, 2019 City of Dubuque Consent Items # 7. ITEM TITLE: CommunityDevelopmentBlockGrant(CDBG)Agreement with Crescent Community Health Center SUMMARY: City Manager recommending approval of the Community Development Block GrantAgreementwith Crescent Community Health Center and authorizes the Mayor to execute the agreement. RESOLUTION Authorizing execution of a Community Development Block GrantAgreementwith Crescent Community Health Center SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Crescent Community Health Center CDBG Agreement- City Manager Memo MVM Memo Staff Memo Staff Memo Resolution Resolutions Agreement- partially executed Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Community Development Block Grant Agreement — Crescent Community Health Center DATE: October 1, 2019 The adopted Community Development Block Grant (CDBG) Budget provides for the payment of $300,000 to Crescent Community Health Center. Crescent Community Health Center's expanded location at 1690 Elm Street is accessible to low/mod income residents and provides medical, dental, behavioral, and substance abuse services for low/mod income residents who are un/underinsured. These funds are requested to assist with acquisition of facilities for expansion of current services. Housing & Community Development Director Alexis Steger recommends City Council approval of the Community Development Block Grant Agreement with Crescent Community Health Center and authorizes the Mayor to execute the agreement. I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Alexis M. Steger, Housing and Community Development Director Dubuque THE CTTY OF � D�L T �I Aseric�C i L I �� I 2007�2012�2013 Masterpiece on the Mississippi zoi�*zoi9 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing & Community Development Director SUBJECT: Community Development Block Grant Agreement — Crescent Community Health Center DATE: October 1, 2019 The Adopted Community Development Block Grant (CDBG) Budget provides for the payment of$300,000 to Crescent Community Health Center (CCHC). Crescent Community Health Center's expanded location at 1690 Elm Street is accessible to low/mod income residents and provides medical, dental, behavioral, and substance abuse services for low/mod income residents who are un/underinsured. These funds are requested to assist with acquisition of facilities for expansion of current services. The agreement includes references to the City Councils goals and priorities. Grant agreements in FY20 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 Crescent Community Health Center and authorizes the Mayor to execute the agreement on behalf of the City. Prepared by: Christopher J. Lester, Community Development Specialist Prepared by Alexis Steger, Housing & Community Devel., 350 W. 6th St., Suite 312, Telephone: 563-690-6072 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: (563) 589-4100 RESOLUTION NO. 346-19 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH CRESCENT COMMUNITY HEALTH CENTER. Whereas, Crescent Community Health Center prepared and submitted a request for a Community Development Block Grant to expand current services into property located at 1690 Elm Street; and Whereas, the City Council approved the Community Development Block Grant budget that included the contribution to Crescent Community Health Center; and Whereas, the submission has been approved by the Community Development Advisory Commission with the approval of the Fiscal Year 2019 Annual Action Plan Amendment 2 on May 15th, 2019 in the amount of $300,000; and Whereas, services provided will be to a minimum of 51% low/moderate income residents for a minimum of five years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreement, authorized by the Community Development Advisory Commission beginning October 1, 2019 for a Community Development Block Grant to Crescent Community Health Center in the amount of $300,000 to assist with acquisition of facilities for expansion of current services is hereby accepted. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of October 2019. Attest: Keyi'n S. Firnstahl, Cit Clerk .ai A. Rios, Mayor Pro Tem _ � , CDBG Contract i CITY OF DUBUQUE, IOWA !i AND CRESCENT COMMUNITY HEALTH CENTER FY 2020 COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) Agreement ;I '� THIS AGREEMENT, executed on the 7th day of October, 2019 is entered into by and between the City of � Dubuque, lowa, a municipal corporation organized and existing under the laws of the State of lowa (Recipient) and Crescent Community Health Center, with its principal place of business in Dubuque, lowa (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 � I Whereas, Recipient wishes to engage Subrecipient to assist Recipient in providing services to a ;� presumed low and moderate- income population. ,I !1 NOW THEREFORE, in consideration of the premises and respective covenants, agreements and ,I representations hereinafter set forth, the parties agree as follows: �� ,� u I. SCOPE OF SERVICES: ;j y,y ii a. Subrecipient shalL• jj � � i. Provide the services to eligible residents of the City of Dubuque in a manner satisfactory 'N� 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: Acquisition of Facilities for Crescent Community '� Health Center. a � � � 1. In the event of a conflict between Subrecipient's proposals and the provisions a � 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; — 1 — a CDBG Contract , 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. ' p � �� iii. Comply with City Council goals and priorities are attached hereto as Exhibit B. ; �f !1 IL City Responsibilities �� City designates the City Manager, or the City Manager's designee, to act as its representative �I, 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 'I 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. 1 �i � IIL NationalObjective � � � � � Subrecipient certifies and maintains documentation that the activities carried out with funds � provided under this Agreement will meet the CDBG !I I program's National Objectives as stated: � 570.208(a)(2) Activities benefiting low and moderate-income persons; Benefit to a �i clientele (elderly persons) who are generally presumed to be principally low-moderate � income persons; and requires reporting information on ethnic origin, elderly status, and I , female head of household status for participants served. � � IV. Project Budget The total compensation to be paid to Subrecipient by Recipient for the services shall in no event exceed the sum of$300;000 for the program. 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 October 1, 2019 and � shall be completed not later than March 31, 2021. 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. -2- „ CDBG Contract VI. Agreement Documents and Provisions ' Subrecipient shall perform or arrange for the provision of services under this Agreement in the a manner and time provided herein and in accordance with the Community Development Block � Grant Program, including the Income Guidelines in Exhibit D and Standard Contract � Requirements in Exhibit E herein attached and a part of this agreement. � t 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 IV of ; this Agreement. Such amount shall constitute compensation for acquisition of and ' equipment purchase for 1690 Elm Street. Such amount shall be paid upon written request il on the Request for Payment form, with proof satisfactory to the recipient of expenses. ' ; Drawdowns for payment of eligible expenses are reimbursement only. i b. Payment shall be supported by documentation provided by Subrecipient o.f costs incurred I; for services provided pursuant to this Agreement. ;I � ; � c. Payments are 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. '' �i II 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 'y � ��term of this Agreement. IX. Reporting and Monitoring. � Subrecipient shall render to Recipient an annual written report detailing its activities and � individuals served, Annual reports will b� requir�d for fiv� y�ars (Fisca[ years 2020-2024) and vvill � be due July 15t” each year. � Subreci ient shall be sub`ect to at least one site visit b ersonnel of Reci ient or i n � p � y p p , a des g ee 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 manage"ment 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. 8 � � -3 - � � CDBG Contract � 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. i, 1 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. 11. 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 i of such termination not less than five (5) days before the effective date of such termination. !,� i ;I !1 i � � �� ; ;i � � � � � � � j� ; � � � � -4- � CDBG Contract XI. Notices Communication and details concerning this Agreement shall be directed to the following agreement representatives: Recipient Subrecipient Christopher Lester Gary Collins Community Development Specialist Crescent Community Health Center Housing and Community Development 1789 Elm Street 350 West 6th Street Suite 312 Dubuque, IA 52001 Dubuque, Iowa 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: Kevin ; Firnstahl, City Clerk City of Dubuque, Iowa °e1;Mayc Jake A. Rios, Mayor Pro Tem Crescent Community Health Center %V(%., Gary Collins, Ex:futive Director � CDBG Contract _ '� � 'hi � 8 � ] q !� � li� � � il I�i I li� �I { I I�i ij �� i� f 1 � I � I� �� 7y I � � . . . . - .. .. � �_ - � d � � -6- E�ibit A � ��.�us dubuque Connecting People•Strengthening Community I ncl usive Du bu ue q A local network of community leaders from faith, labor, education and government organ�- and social equity in our community. �. ' '!� ,e*�� i . � � j �. • „�: .. � �i _ � ;�` 's� �• �� ti . ,�� *` �i '� � � �� r►� �r �, � 1' ,�'�� , + ,> i�� ! Y� t �� - j � >: �` . � . . . . . . . - 1 - E�ibit A What is Inclusive Dubuque? . . � . . Inclusive Dubuque is a peer-learning network of partners � _ committed to creating an informed, equitable and inclusive community where all people are respected, valued and ' - ' - engaged. The network is comprised of more than 50 ' ' ' ' - .- - - . . . organizations across sectors including faith, government, . � � � . � � � � � nonprofit, business, education and more. To see a complete listing of organizations, visit www.inclusivedbq.org. ' - - ' - - ' . ... - . - - . - The Inclusive Dubuque network works collaboratively to eliminate bias in our community. - --� • - While this goal would be difficult for a single organization or individual to achieve,each network member can contribute to an effective outcome by: • - . . ... • . - - --. . • providing data and information to inform decisions _ _ __ _ � _ • supporting equity education opportunities • creating and sharing equitytools These goals are accomplished by supporting partner-led sector aroups and peer-learnina opportunities. SectorGroups Community and network members lead these groups to address bias within the seven focus areas of the equity profile.Sector groups are supported by a data team and guided by the expertise and lived experience of their members;data to learn and track their progress;and the use of a racial/social equity lens to help guide decision-making. Peer-Learning Inclusive Dubuque offers peer-learning opportunities— including education,training and resources —to network partners to improve personal and organizational understanding of all types of bias and promote racial and social equity. Early Warning Community Moblliutlon NB integretes Business leaders and Planning� cultural competenq My Brothers Keeper ideMifyopportunity Cham6erDiversity5ummit intotrainingmodules initiativeforms . � � Gathering of Implementation Cityjoins Gmernment Race and Equity Partners InclusiveDubuque AllianceonRace&Equity Trainingthrough • Launched (GARE) GARE _Z_ E�ibit A I'm a Dubuquer Campaign Winner of a 2017-18 Dubuque Silver ADDY Award and a 2018 • � Dubuque 365 Community Impact Award, the "I'm a Dubuquer" • campaign was part of a local partnership between the Network and the Telegraph Herald to redefine a term deeply embedded in the ' ' ' '' - - •- Dubuque community from something used to draw a line between --. . - . - - insiders and outsiders into one that welcomes all who call Dubuque - � ' � - .. ... . - •- - home. - _ _ . . - .. - . .. .. - Learn more about the campaign at www.imadubuquer.com. - • - • • . . - . . - .. - . . - _ . , _ , _ Best Practices Last year, the Network launched "Best Practices in Diversity, Equity and Inclusion," a nine-month, peer-learning work-shop series. Organized by the network's Peer-Learning Council (PLC), the series gives participants the opportunity to learn about and engage in best practices for diversity, equity and inclusion. Sessions took place on a monthly basis and cover such topics as leading organizations through change, meeting organizational goals, communication, and recruitment strategies. The series will wrap up in June with presentations by participants demonstrating how they will apply the skills they have learned to support their organizations' equity and inclusion goals. Sectorgroupslearn CommunityEquity luly:NlCCexpandsminorityoutreach Results-Based Restorative5tategies lune:l'maDubuquer Profile begins Aug:GDDC Implements Entrepreneur Stategy Accountability peer-learning session Oct:Best Practices begins Networkworkshop Sept:ChamberlaunchesMinorityBusinessCouncil DevelopRacial BestPracticeswithauthor Oct: CommunityEquityProfilecomplete EquityToolkit (continued) MadeleineTaylor Nov:SectorgroupsformaroundEquityProfilepriorities • -3 - E�ibit A The Network at Work Network and community members have joined � . partner-led working groups to address new � . _ � .. . . . .,, _ challenges and bring the racial/social equity lens to - •- • • - • � - existing programs and efforts in education, arts and � _, '. _ culture and our neighborhoods. These groups work • � - • - to identify priorities, measurable indicators and -' ' ' partners and programs that can be engaged to affect ' - • - • � •• � - • change. � ' �' - . - . • - - - . . . - . - .. .. . .- . . Sector groups are utilizing a process called Results-Based Accountability in an effort to better understand how we can track our progress.Since December 2015, more than 90 people have joined sector groups and that number continues to grow as members identify voices missing from the conversation. In addition to participating in sector groups and Best Practices, network partners are already taking steps in their own organization. These network-owned actions help contribute to creating an equitable and inclusive community where all people feel respected, valued and engaged. Here are just a few of the ways our"network is at work": • Economic Wellbeing: Northeast lowa Community College • Higher Education: Loras College has implemented and Greater Dubuque Development Corporation have cultural competency training as part of the Honors implemented an outreach strategy to engage minority Student Program curriculum. community members in Opportunity Dubuque. • Government: The City of Dubuque has joined the • Business: The Dubuque Chamber of Commerce has Government Alliance on Race and Equity and is created a Minority Business Council with a mission to implementing a racial equity toolkit. guide minority and under-represented business owners � Health: Mercy Medical Center,Crescent Community toward local resources. Health Center, University of Dubuque, Dubuque's • Education: The Dubuque Community School District is Human Rights Department,and others are increasing disaggregating data regarding Grade-Level Reading, healthcare access for the Marshallese population attendance and graduation rates to help improve through a community health program that helps outcomes for all students. remove barriers to care. TO LEARN MORE AND FIND OUT HOW YOU CAN GET INVOLVED, VISIT VWVW.INCLUSIVEDBQ.ORG �.usivr: dubuque Connecting People•Strengthening Community Inclusive Dubuque isfacilitated bythe Community Foundation of Greater Dubuque. -4- E�ibit B Dubuque THE CITY OF � IFARIkii@' Dus E ,i��i� zom•zaiazoi3 Masterpiece on tlseMississiqpi zov+zoie City Council Completes Annual Goal-Setting Sessions DUBUQUE, lowa-0ver the course of three evening sessions, City Council members reaffirmed the 15-year vision statement and mission statement and identified eight five-year goals for the city. They also identified top and high priorities for a 2018-2020 policy agenda as well as a management agenda for projects and initiatives planned for 2018-2020. The 2035 Dubuque Vision Statement Dubuque 2035 is a sustainable and resilient city and an inclusive and equitable community. Dubuque 2035 has preserved our Masterpiece on the Mississippi, has a strong diverse economy and expanding connectivity. Our residents experience healthy living and active lifestyles; have choices of quality, livable neighborhoods; have an abundance of fun things to do; and are engaged in the community. Mission Statement Dubuque city government is progressive and financially sound with residents receiving value for their tax dollars and achieving goals through partnerships. Dubuque city governmenYs mission is to deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the community's future; and facilitate access to critical human services. City of Dubuque Goals 2024 . Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity . Vibrant Community: Healthy and Safe . Livable Neighborhoods and Housing: Great Place to Live . Financially Responsible, High-Performance City Organization: Sustainable, Equitable, and Effective Service Delivery . Sustainable Environment: Preserving and Enhancing Natural Resources . Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable . Diverse Arts, Culture, Parks, and Recreation Experiences and Activities . Connected Community: Equitable Transportation, Technology Infrastructure, and Mobility Policy Agenda Policy agenda items are issues that need direction or a policy decision by the City Council, or need a major funding decision by the City Council, or issues that need City Council leadership in the community or with other governmental bodies. The policy agenda is divided into top priorities and high priorities. 2018—2020 Top Priorities (in alphabetical order): • Affordable Childcare Study and Funding • Five Flags Center: Direction and Funding • Inclusive Dubuque Support • Major Streets Improvement: Plan, Direction, and Funding • Poverty Reduction: Action Plan • River Cruise Docking Facilities: Direction • Winter Farmers Market: Location and Funding Support 2018—2020 High Priorities (in alphabetical order): • Bee Branch Floodwall Gates Funding • Central Avenue Corridor: Economic Revitalization • Crime Prevention Program: Maintenance - 1 - E�ibit B • Debt-Reduction Plan: Continuation • Mental/Brain Health Strategy and Action Plan • New Financial Software: Funding • Pet-Friendly Community: Policy Direction and Actions • Street Maintenance Program: Funding Level Management Agenda Management agenda items are issues for which the City Council has set the overall direction and provided initial funding, may require further City Council action or funding, or are major management projects that may take multiple years to implement. The management agenda is divided into top priorities and high priorities. 2018—2020 Management in Progress Top Priorities (in alphabetical order): • Campaign for Grade-Level Reading • CHANGE Program: Implementation • Crescent Community Health Center Expansion • Dubuque's True North Housing Initiative • Multicultural Family Center Expansion • Riverfront Master Plan (US Army Corps of Engineers) • Transit Vehicles Replacement • Veterans Pond Development and Direction 2018—2020 Management in Progress High Priorities (in alphabetical order): • City Performance Measurements/Open Data/Data Governance • Citywide Departmental Work Order System • Comiskey Park Renovation • Community Security/Surveillance System Expansion • Housing Needs Assessment Report • Resident Satisfaction Survey • Residential Housing Upgrade/Bee Branch HUD Flood Protection • Water& Resource Recovery Center: Nutrient Trading # # # -Z- E�ibit B Oubuque 'LHE CITY OF � IFIinXe�Cl7 DUS E ;I��I,; 20JJ�2]12�2013 Nlasterpiece on the Mississippi zov.zoi9 City Council Completes Annual Goal-Setting Sessions Over the course of three evening sessions, City Council members reaffirmed the 15-year vision statement and mission statement and identified eight five-year goals for the city. They also identified top and high priorities for a 2017-2019 policy agenda as well as a management agenda for projects and initiatives planned for 2017-2019. The 2032 Dubuque Vision Statement Dubuque 2032 is a sustainable and resilient city and an inclusive and equitable community. Dubuque 2032 has preserved our Masterpiece on the Mississippi, has a strong diverse economy and expanding connectivity. Our residents experience healthy living and active lifestyles; have choices of quality, livable neighborhoods; have an abundance of fun things to do; and are engaged in the community. Mission Statement Dubuque city government is progressive and financially sound with residents receiving value for their tax dollars and achieving goals through partnerships. Dubuque city governmenYs mission is to deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the community's future; and facilitate access to critical human services. City of Dubuque Goals 2022 . Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity . Vibrant Community: Healthy and Safe . Livable Neighborhoods and Housing: Great Place to Live . Financially Responsible, High-Performance City Organization: Sustainable, Equitable, and Effective Service Delivery . Sustainable Environment: Preserving and Enhancing Natural Resources . Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable . Diverse Arts, Culture, Parks, and Recreation Experiences and Activities . Connected Community: Equitable Transportation, Technology Infrastructure, and Mobility Policy Agenda Policy agenda items are issues that need direction or a policy decision by the City Council, or need a major funding decision by the City Council, or issues that need City Council leadership in the community or with other governmental bodies. The policy agenda is divided into top priorities and high priorities. 2017 — 2019 Top Priorities (in alphabetical order): . Central Avenue Revitalization: Streetscape and Business Development . Citywide Flower Planting Program . Comprehensive Plan: Adoption . Communitywide Solar Strategy . East-West Corridor Study Implementation -3 - E�ibit B . Master Plan for Chaplain Schmitt Island . South Port Redevelopment Master Plan . Splash Pad 2017 — 2019 High Priorities (in alphabetical order): . Crime Prevention Program Expansion . Dilapidated Buildings/Structures . Five Flags Center Study . Kerper Boulevard Revitalization Report . Inclusive Dubuque . Multicultural Family Center: Colts Building Direction and Funding . River Cruise Docking Facilities . Roosevelt Road Water Tower Management Agenda Management agenda items are issues for which the City Council has set the overall direction and provided initial funding, may require further City Council action or funding, or are major management projects that may take multiple years to implement. The management agenda is divided into top priorities and high priorities. 2017 — 2019 Management in Progress Top Priorities (in alphabetical order): . CHANGE Program: Implementation . Citywide Traffic Signal Synchronization . Comiskey Park Expansion and Renovation . Crescent Community Health Center: Development Agreement . Greater Dubuque Development Corporation Downtown Transformation . Residential Housing Upgrade/Flood Protection Program . Westside Water System: Implementation 2017 — 2019 Management in Progress High Priorities (in alphabetical order): . Affirmatively Furthering Fair Housing Plan: Development . Cartegraph Partnership: High-Performance Government . City Performance Measures/Open Data Catalog/Data-Driven Governance . International City/County Management Association (ICMA) Fellowship International Exchange . Leisure Services Department Assessment . Parking Ramp Maintenance: Direction/Funding . Teen/Young Professionals/Seniors: Jackson Park Pilot Program . Water & Resource Recovery Center Nutrient Trading # # # -4- E�ibit C - 1 - E�ibit D CITY OF DUBUQUE, IOWA INCOME GUIDELINES FOR FINANCIAL ASSISTANCE Income limits are defined and occasionally revised by the U.S. Department of Housing and Urban Development's estimated median family income. A low-income person or family has a total income which falls between the fifty (50) percent and eighty (80) percent median for the area, adjusted for size. A very low-income person, family, or household has a total income which falls between thirty (30) and fifty (50) percent of the median income, adjusted for size, of the metropolitan area. A 30% median income person, family or household has a total income which is between 0 and thirty (30) percent of the median income, adjusted for size, of the metropolitan area. The maximum income limits as of July 2019 for the Dubuque Metropolitan Area are as follows: Maximum Annual Income Household Size Below 30%AMI Below 50%AMI Below 80%AMI Above 80%AMI Family Size 1: <$17,100 <$28,500 <$45,500 >$45,500 Family Size 2: <$19,550 <$32,600 <$52,050 >$52,050 Family Size 3: <$22,000 <$36,650 <$58,550 >$58,550 Family Size 4 <$25,750 <$40,700 <$65,050 >$65,050 Family Size 5: <$30,170 <$44,000 <$70,300 >$70,300 Family Size 6: <$35,590 <$47,250 <$75,500 >$75,500 Family Size 7: <$39,010 <$50,500 <$80,700 >$80,700 Family Size 8: <$43,430 <$53,750 <$85,900 >$85,900 Income limits for CDBG funded programs can be found on the HUD Exchange https://www.hudexchan�e.info/resource/5334/cdb�-income-limits/ Organizations required to verify income are encouraged to use the CPD Income Eligibility Calculator at https://www.hudexchan�e.info/incomecalculator/ 1 E�ibit D EXHIBIT E 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 REQUIREM ENTS...... ... ... ... ...... ... ... ...... ... ... ... ...... ... ... ...... ... ... ...... ... ... ...... .....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. ClientData.................................................................................................................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 REPLACEM ENT... ... ... ....4 IV. PERSONNEL AND PARTICIPANT CONDIT IONS... ... ... ...... ... ... ...... ... ... ...... ... ... ... ...... ... ... ...... ... ....4 A. Civil Rights...........................................................................................................................4 1. Compliance...............................................................................................................4 2. Nondiscrimination. ....................................................................................................5 3. Land Covenants........................................................................................................5 4. Section 504................................................................................................................5 B. Affirmative Action.................................................................................................................5 1 E�ibit D 1. Approved Plan ..........................................................................................................5 2. Women-Minority Businesses (W/MBE).....................................................................5 3. Access to Records....................................................................................................6 4. Notifications...............................................................................................................6 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement .........6 6. Subcontract Provisions.............................................................................................6 C. Employment Restrictions.....................................................................................................6 1. Prohibited Activity .....................................................................................................6 2. Labor Standards .......................................................................................................6 3. "Section 3" Clause....................................................................................................7 a. Compliance....................................................................................................7 b. Notifications....................................................................................................7 c. Subcontracts..................................................................................................8 D. Conduct................................................................................................................................8 1. Assignability..............................................................................................................8 2. Hatch Act...................................................................................................................8 3. Conflict of Interest.....................................................................................................8 4. Subcontracts.............................................................................................................8 a. Approvals.......................................................................................................8 b. Monitoring ......................................................................................................8 Content...........................................................................................................8 d. Selection Process ..........................................................................................8 5. Lobbying....................................................................................................................9 6. Copyright...................................................................................................................9 7 Faith Based Organization .........................................................................................9 V. ENVIRONMENTALCONDITIONS... ... ...... ... ... ...... ... ... ... ...... ... ... ... ...... ... ... ... ...... ... ... ........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 2 E�ibit E EXHIBIT C 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 recipienYs environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipienYs 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 arry and all claims, actions, suits, charges and judgments whatsoever that arise out of the SubrecipienYs performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation The Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this contract. E. Insurance and Bonding The Subrecipient shall maintain insurance to the extent and against such hazards and liabilities as are in keeping with the current insurance program of Recipient. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantor Recognition The Subrecipient shall insure recognition of the role of the Recipient in providing services through the agreement. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds available under this contract. G. Amendments Recipient or subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations and approved by the RecipienYs 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 1 E�ibit E 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 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 E�ibit E 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 RecipienYs annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four (4) 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 RecipienYs or SubrecipienYs responsibilities with respect to services provided under this contract, is prohibited by law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Closeouts Subrecipient obligation to the Recipient shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to, making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Recipient), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Recipient, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Recipient policy concerning subrecipient audits and 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 out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned 3 E�ibit E to the Recipient at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Recipient. 2. Payment Procedures The Recipient will pay to the Subrecipient funds available under this agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Recipient policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Recipient in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Recipient reserves the right to liquidate funds available under this contract for costs incurred by the Recipient on behalf of the Subrecipient. 3. Indirect Costs If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate SubrecipienYs 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 underthe SubrecipienYs 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 4 E�ibit E time, the Subrecipient shall pay the Recipient an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non- CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Recipient. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. 3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a)transferred to the Recipient for the CDBG program or(b) retained after compensating the Recipient [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. III. RELOCATION, PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING- 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 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 5 E�ibit E 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 RecipienYs specifications an Affirmative Action Program in keeping with the principles as provided in PresidenYs 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. Accessto Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Recipient, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the SubrecipienYs 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 6 E�ibit E 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 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Recipient for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Recipient pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Recipient, the Subrecipient and any of the SubrecipienYs subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Recipient, the Subrecipient and any of the SubrecipienYs 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 7 E�ibit E 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 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 8 E�ibit E 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. 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, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, 9 E�ibit E 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. Itwill require that the language of paragraph(d)ofthis 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 570.200Q), 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; 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 10 E�ibit E 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 of properties constructed prior to 1978 be properly notified that such properties may include lead based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. VI. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. 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. 11 E�ibit E VIII. WAIVER The RecipienYs 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. 12 E�ibit E 13 pQt MEN rCM QF ya '0111111 9e4N 0 EVF�-O U.S. Department of Housing and Urban Development 451 Seventh Street, SW Washington, DC 20410 www.hud.gov esoanol.hud.gov Environmental Review for Activity/Project that is Categorically Excluded Subject to Section 58.5 Pursuant to 24 CFR 58.35(a) Project Information Project Name: Crescent-Community-Health-Center-Lease/Acquisition HEROS Number: 900000010103740 State / Local Identifier: Project Location: 1690 Elm St, Dubuque, IA 52001 Additional Location Information: N/A Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.251: Lease (acquisition) of 1690 Elm St. to be utilized by Crescent Community Health Center. Crescent Community Health Center provides high-quality, respectful and affordable medical and dental care to improve the health and well-being of the Dubuque community. Level of Environment Review Determination: Categorically Excluded per 24 CFR 58.35(a), and subject to laws and authorities at §58.5: 58.34(a)(12) 58.35(a)(5) Funding Information Grant Number HUD Program Program Name 2018/25-1107 Community Planning and Development (CPD) Community Development Block Grants (CDBG) (Entitlement) Estimated Total HUD Funded Amount: $300,000.00 Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $300,000.00 Mitigation Measures and Conditions [CFR 1505.2(c)1: Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above -listed authorities and factors. These measures/conditions must be incorporated into project Crescent -Community -Health- Dubuque, IA Center-Lease/Acquisition 900000010103740 contracts, development agreements and other relevant documents. The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law, Authority, or Mitigation Measure or Condition Comments on Completed Measures Complete Factor Complete consultation/mitigation protocol requirements, publish NOI/RROF and obtain "Authority to Use Grant Funds" (HUD 7015.16) per Section 58.70 and 58.71 before committing or drawing down any funds; OR Determination: [( This categorically excluded activity/project converts to EXEMPT per Section 58.34(a)(12), because it does not require any mitigation for compliance with any listed statutes or authorities, nor requires any formal permit or license; Funds may be committed and drawn down after certification of this part for this (now) EXEMPT project; OR ❑ This categorically excluded activity/project cannot convert to Exempt status because one or more statutes or authorities listed at Section 58.5 requires formal consultation or mitigation. Complete consultation/mitigation protocol requirements, publish NOI/RROF and obtain "Authority to Use Grant Funds" (HUD 7015.16) per Section 58.70 and 58.71 before committing or drawing down any funds; OR ❑ This project is not categorically excluded OR, if originally categorically excluded, is now subject to a full Environmental Assessment according to Part 58 Subpart E due to extraordinary circumstances (Section 58.35(c)). Preparer Signature: 6MAI Name / Title/ Organization: Maddy Haverland / / C. ` of Dubuque Responsible Entity oQAgency Official Signature: Name/ Title: �\f l SOA a -Ni 'c This original, signed document and related supporting material must be retained on file by the Responsible Entity in an Environment Review Record (ERR) for the activity / project (ref: 24 CFR Part 58.38) and in accordance with recordkeeping requirements for the HUD program(s). Date: /0/4/11 1 Date:..., /69 ca//a 10/04/2019 09:59 Page 2 of 2 U.S. Department of Housing and Urban Development 451 Seventh Street, SW Washington, DC 20410 www.hud.gov espanol.hud.gov Environmental Review for Activity/Project that is Categorically Excluded Subject to Section 58.5 Pursuant to 24 CFR 58.35(a) Project Information Project Name: Crescent-Community-Health-Center-Lease/Acquisition HERDS Number: 900000010103740 Responsible Entity (RE): City of Dubuque, 350 West 6th St Suite 312 Dubuque IA, 52001 State / Local Identifier: RE Preparer: Maddy Haverland Certifying Office Mayor Roy D. Buol r: Grant Recipient (if different than Responsible Ent ity): Point of Contact: Consultant (if applicabl e): Point of Contact: Project Location: 1690 Elm St, Dubuque, IA 52001 Additional Location Information: N/A Direct Comments to: Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: Crescent -Community- Dubuque, IA 900000010103740 Health-Center- Lease/Acquisition Lease (acquisition) of 1690 Elm St. to be utilized by Crescent Community Health Center. Crescent Community Health Center provides high-quality, respectful and affordable medical and dental care to improve the health and well-being of the Dubuque community. Maps, photographs, and other documentation of project location and description: Level of Environmental Review Determination: Categorically Excluded per 24 CFR 58.35(a), and subject to laws and authorities at 58.5: 58.34(a)(12) 58.35(a)(5) Determination: ✓ This categorically excluded activity/project converts to EXEMPT per Section 58.34(a)(12), because it does not require any mitigation for compliance with any listed statutes or authorities, nor requires any formal permit or license; Funds may be committed and drawn down after certification of this part for this (now) EXEMPT project; OR This categorically excluded activity/project cannot convert to Exempt status because one or more statutes or authorities listed at Section 58.5 requires formal consultation or mitigation. Complete consultation/mitigation protocol requirements, publish NOI/RROF and obtain "Authority to Use Grant Funds" (HUD 7015.16) per Section 58.70 and 58.71 before committing or drawing down any funds; OR` This project is not categorically excluded OR, if originally categorically excluded, is now subject to a full Environmental Assessment according to Part 58 Subpart E due to extraordinary circumstances (Section 58.35(c)). Approval Documents: 7015.15 certified by Certifying Officer on: 7015.16 certified by Authorizing Officer on: Funding Information 10/04/2019 09:44 Page 2 of 29 Crescent-Community- Health-Center- Lease/Acquisition Dubuque, IA 900000010103740 Grant / Project Identification Number HUD Program Program Name 2018/25-1107 Community Planning and Development (CPD) Community Development Block Grants (CDBG) (Entitlement) Estimated Total HUD Funded, $300,000.00 Assisted or Insured Amount: Estimated Total Project Cost: $300,000.00 Compliance with 24 CFR §50.4, §58.5 and §58.6 Laws and Authorities Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4, §58.5, and §58.6 Are formal compliance steps or mitigation required? Compliance determination (See Appendix A for source determinations) STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.6 Airport Hazards Clear Zones and Accident Potential Zones; 24 CFR Part 51 Subpart D • Yes Q No The project site is not within 15,000 feet of a military airport or 2,500 feet of a civilian airport. The project is in compliance with Airport Hazards requirements. Coastal Barrier Resources Act Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501] • Yes 0 No This project is located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Flood Insurance Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 4001- 4128 and 42 USC 5154a] • Yes l? No The structure or insurable property is not located in a FEMA -designated Special Flood Hazard Area. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with flood insurance requirements. STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.5 10/04/2019 09:44 Page 3 of 29 Crescent-Community- Health-Center- Lease/Acquisition Dubuque, IA 900000010103740 Air Quality Clean Air Act, as amended, particularly section 176(c) & (d); 40 CFR Parts 6, 51, 93 • Yes ' No Based on the project description, this project includes no activities that would require further evaluation under the Clean Air Act. The project is in compliance with the Clean Air Act. Coastal Zone Management Act Coastal Zone Management Act, sections 307(c) & (d) • Yes 11 No This project is located in a state that does not participate in the Coastal Zone Management Program. Therefore, this project is in compliance with the Coastal Zone Management Act. Contamination and Toxic Substances 24 CFR 50.3(i) & 58.5(i)(2)] ■ Yes I1 No Site contamination was evaluated as follows: ASTM Phase 1 ESA. On-site or nearby toxic, hazardous, or radioactive substances that could affect the health and safety of project occupants or conflict with the intended use of the property were not found. The project is in compliance with contamination and toxic substances requirements. Endangered Species Act Endangered Species Act of 1973, particularly section 7; 50 CFR Part 402 • Yes Q No This project will have No Effect on listed species due to the nature of the activities involved in the project. This project is in compliance with the Endangered Species Act. Explosive and Flammable Hazards Above -Ground Tanks)[24 CFR Part 51 Subpart C • Yes MI No Based on the project description the project includes no activities that would require further evaluation under this section. The project is in compliance with explosive and flammable hazard requirements. Farmlands Protection Farmland Protection Policy Act of 1981, particularly sections 1504(b) and 1541; 7 CFR Part 658 • Yes Q No This project does not include any activities that could potentially convert agricultural land to a non-agricultural use. The project is in compliance with the Farmland Protection Policy Act. Floodplain Management Executive Order 11988, particularly section 2(a); 24 CFR Part 55 ■ Yes 11 No This project does not occur in a floodplain. The project is in compliance with Executive Order 11988. Historic Preservation National Historic Preservation Act of 1966, particularly sections 106 and 110; 36 CFR Part 800 ■ Yes Er No Based on the project description the project has No Potential to Cause Effects. The project is in compliance with Section 106. Noise Abatement and Control Noise Control Act of 1972, as • Yes Q No Based on the project description, this project includes no activities that would 10/04/2019 09:44 Page 4 of 29 Crescent-Community- Health-Center- Lease/Acquisition Dubuque, IA 900000010103740 amended by the Quiet Communities Act of 1978; 24 CFR Part 51 Subpart B Mitigation Measure or Condition require further evaluation under HUD's noise regulation. The project is in compliance with HUD's Noise regulation. Sole Source Aquifers Safe Drinking Water Act of 1974, as amended, particularly section 1424(e); 40 CFR Part 149 ■ Yes CEJ No Based on the project description, the project consists of activities that are unlikely to have an adverse impact on groundwater resources. The project is in compliance with Sole Source Aquifer requirements. Measures Wetlands Protection Executive Order 11990, particularly sections 2 and 5 ❑ Yes Q No Based on the project description this project includes no activities that would require further evaluation under this section. The project is in compliance with Executive Order 11990. Wild and Scenic Rivers Act Wild and Scenic Rivers Act of 1968, particularly section 7(b) and (c) ■ Yes 0 No This project is not within proximity of a NWSRS river. The project is in compliance with the Wild and Scenic Rivers Act. HUD HOUSING ENVIRONMENTAL STANDARDS ENVIRONMENTAL JUSTICE Environmental Justice Executive Order 12898 ■ Yes ® No No adverse environmental impacts were identified in the project's total environmental review. The project is in compliance with Executive Order 12898. Mitigation Measures and Conditions [40 CFR 1505.2(c)]: Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non- conformance with the above -listed authorities and factors. These measures/conditions must be incorporated into project contracts, development agreements and other relevant documents. The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law, Authority, or Mitigation Measure or Condition Comments on Completed Complete Factor Measures 10/04/2019 09:44 Page 5 of 29 Crescent -Community- Dubuque, IA 900000010103740 Health-Center- Lease/Acquisition Mitigation Plan Supporting documentation on completed measures 10/04/2019 09:44 Page 6 of 29 Crescent -Community- Dubuque, IA 900000010103740 Health-Center- Lease/Acquisition APPENDIX A: Related Federal Laws and Authorities Airport Hazards It is HUD's policy to apply standards to'' • prevent inco,mpat;ble" development around civil airportsand "military airfields 1. To ensure compatible land use development, you must determine your site's proximity to civil and military airports. Is your project within 15,000 feet of a military airport or 2,500 feet of a civilian airport? ✓ No Based on the response, the review is in compliance with this section. Document and upload the map showing that the site is not within the applicable distances to a military or civilian airport below Yes Screen Summary Compliance Determination The project site is not within 15,000 feet of a military airport or 2,500 feet of a civilian airport. The project is in compliance with Airport Hazards requirements. Supporting documentation DBQ Airport Clear Zones.pdf Airport Distance to 1690 Elm.JPG Are formal compliance steps or mitigation required? Yes ✓ No 10/04/2019 09:44 Page 7 of 29 Crescent-Community- Health-Center- Lease/Acquisition Coastal Barrier Resources HUD financial assistance may not be used for most activities in units, of the Coastal Barrier Resources System (CB'RS). See 16 USC 3504 for limitations' on federal expenditures affecting the CBRS. Dubuque, IA 900000010103740 Coastal Barrier Resources Act (CBRA) of 1982,'asamended:by the Coastal Barrier Improvement Act of 1990 (16 USC 3501) This project is located in a state that does not contain CBRA units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes Nr No 10/04/2019 09:44 Page 8 of 29 Crescent-Community- Health-Center- Lease/Acquisition Flood Insurance Dubuque, IA Certain types of federal financial assistance may not be used in floodplains unless the community participates in National Flood Insurance Program and flood insurance is both obtained and maintained. 900000010103740 Flood Disaster Protection Act of 1973 as amended (42'USC 4001-4128) 24 CFR 50.4(b)(1) and .24 CFR 58.6(a) 55.1(b) 1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property? No. This project does not require flood insurance or is excepted from flood insurance. ✓ Yes 2. Upload a FEMA/FIRM map showing the site here: FIRMETTE 1690 Elm.pdf The Federal Emergency Management Agency (FEMA) designates floodplains. The FEMA Map Service Center provides this information in the form of FEMA Flood Insurance Rate Maps (FIRMs). For projects in areas not mapped by FEMA, use the best available information to determine floodplain information. Include documentation, including a discussion of why this is the best available information for the site. Provide FEMA/FIRM floodplain zone designation, panel number, and date within your documentation. Is the structure, part of the structure, or insurable property located in a FEMA - designated Special Flood Hazard Area? ✓ No Based on the response, the review is in compliance with this section. Yes Screen Summary Compliance Determination 10/04/2019 09:44 Page 9 of 29 Crescent -Community- Dubuque, IA 900000010103740 Health-Center- Lease/Acquisition The structure or insurable property is not located in a FEMA -designated Special Flood Hazard Area. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with flood insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 10/04/2019 09:44 Page 10 of 29 Crescent-Community- Health-Center- Lease/Acquisition Air Quality The Clean Air Act is administered by the�U.S. Environmental Protection Agency (EPA),.which ' sets national standards on am"bie;nt`pollutants. In addition, the Clean Air Act is administered by States, which hmu'st develop State Implementation Plans (SIPS to regulate ,their state.air quality Projects funded by,HUD must demonstrate,` that ;thev con`forrr o the:: appropriate-S'IP Dubuque, IA 900000010103740 Clean Air Act (42 USC 7401 et. seq.) as amended: particularly Section 176(c) and (d) (42 USC 7506(c) and (d)) 40 CFR Parts 6, 51 and 93 1. Does your project include new construction or conversion of land use facilitating the development of public, commercial, or industrial facilities OR five or more dwelling units? Yes ✓ No Based on the response, the review is in compliance with this section. Screen Summary Compliance Determination Based on the project description, this project includes no activities that would require further evaluation under the Clean Air Act. The project is in compliance with the Clean Air Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 10/04/2019 09:44 Page 11 of 29 Crescent-Community- Health-Center- Lease/Acquisition Coastal Zone Management Act Federal assistance to applicant agencies for activities affecting any coastal use or resource is granted only when such activities are -consistent with federallyapproved State Coastal ZoneManagement Act Plans. Dubuque, IA Coastal Zone; Management' Act (16 USC 1451-14,64), particularly section 307(c) an (d)) (16 -USC 1456(c) and (d)) 900000010103740 15 CFR Part 93 This project is located in a state that does not participate in the Coastal Zone Management Program. Therefore, this project is in compliance with the Coastal Zone Management Act. Screen Summary Compliance Determination This project is located in a state that does not participate in the Coastal Zone Management Program. Therefore, this project is in compliance with the Coastal Zone Management Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 10/04/2019 09:44 Page 12 of 29 Crescent-Community- Health-Center- Lease/Acquisition Dubuque, IA Contamination and Toxic Substances • It is HUD policy that all properties that`' are being proposed for use in, HUD progr"ams.-be free. of hazardous materials, contamination, toxic chemicals and gases, and radioactive s,ubstances,where a hazard .could affect the health and safety of the occupants Or conflict'' with the -intended utilization of the,prope;rtj 900000010103740 1. How was site contamination evaluated? Select all that apply. Document and upload documentation and reports and evaluation explanation of site contamination below. American Society for Testing and Materials (ASTM) Phase I Environmental Site Assessment (ESA) ASTM Phase II ESA Remediation or clean-up plan ASTM Vapor Encroachment Screening None of the Above 2. Were any on-site or nearby toxic, hazardous, or radioactive substances found that could affect the health and safety of project occupants or conflict with the intended use of the property? (Were any recognized environmental conditions or RECs identified in a Phase I ESA and confirmed in a Phase II ESA?) No Explain: See attached Phase I Site Assessment. The RECs identified will not conflict with the attended use of the property. Based on the response, the review is in compliance with this section. Yes Screen Summary Compliance Determination 10/04/2019 09:44 Page 13 of 29 Crescent -Community- Dubuque, IA 900000010103740 Health-Center- Lease/Acquisition Site contamination was evaluated as follows: ASTM Phase 1 ESA. On-site or nearby toxic, hazardous, or radioactive substances that could affect the health and safety of project occupants or conflict with the intended use of the property were not found. The project is in compliance with contamination and toxic substances requirements. Supporting documentation Phase I Environmental (004).pdf Are formal compliance steps or mitigation required? Yes ✓ No 10/04/2019 09:44 Page 14 of 29 Crescent-Community- Health-Center- Lease/Acquisition Endangered Species Dubuque, IA Section 7 of the Endangered"Species Act (ESA) mandates that federal agencies ensure that actions that they authorize, fund, or carry out shall notjeopardize the continued existence of federally listed plants and animals or result in the adverse modification or;dhere Ition of; designate,,d'critical habitat. Where'their.actions' may affect resources protected 'by the;xESA, agencies must consult with`the. Fish and Wildlife; Service and/ort"he.National Marine Fisheries Service ("FWS" and "NMFS" or 900000010103740 The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); particularly section 7 (16 USC 1536:). 50 CFR Part 402 1. Does the project involve any activities that have the potential to affect specifies or habitats? No, the project will have No Effect due to the nature of the activities involved in the project. This selection is only appropriate if none of the activities involved in the project have potential to affect species or habitats. Examples of actions without potential to affect listed species may include: purchasing existing buildings, completing interior renovations to existing buildings, and replacing exterior paint or siding on existing buildings. Based on the response, the review is in compliance with this section. No, the project will have No Effect based on a letter of understanding, memorandum of agreement, programmatic agreement, or checklist provided by local HUD office Yes, the activities involved in the project have the potential to affect species and/or habitats. Screen Summary Compliance Determination This project will have No Effect on listed species due to the nature of the activities involved in the project. This project is in compliance with the Endangered Species Act. 10/04/2019 09:44 Page 15 of 29 Crescent -Community- Dubuque, IA 900000010103740 Health-Center- Lease/Acquisition Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 10/04/2019 09:44 Page 16 of 29 Crescent-Community- Health-Center- Lease/Acquisition Dubuque, IA Explosive and Flammable Hazards HUD -assisted projects must meet Acceptable Separation Distance (ASD) requirements to protect them from explosive and flammable hazards. 900000010103740 24 CFR Part 51 Subpart C 1. Is the proposed HUD -assisted project a hazardous facility (a facility that mainly stores, handles or processes flammable or combustible chemicals), i.e. bulk fuel storage facilities, refineries, etc.? ✓ No Yes 2. Does this project include any of the following activities: development, construction, rehabilitation that will increase residential densities, or conversion? ✓ No Based on the response, the review is in compliance with this section. Yes Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section. The project is in compliance with explosive and flammable hazard requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 10/04/2019 09:44 Page 17 of 29 Crescent -Community- Dubuque, IA 900000010103740 Health-Center- Lease/Acquisition 10/04/2019 09:44 Page 18 of 29 Crescent-Community- Health-Center- Lease/Acquisition Farmlands Protection Dubuque, IA The Farmland Protection Policy Act (FPPA) discourages federal activities that would convert farmland to" nonagriculturalpurposes. Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq.) 900000010103740 1. Does your project include any activities, including new construction, acquisition of undeveloped land or conversion, that could convert agricultural land to a non-agricultural use? Yes ✓ No If your project includes new construction, acquisition of undeveloped land or conversion, explain how you determined that agricultural land would not be converted: Based on the response, the review is in compliance with this section. Document and upload all documents used to make your determination below. Screen Summary Compliance Determination This project does not include any activities that could potentially convert agricultural land to a non-agricultural use. The project is in compliance with the Farmland Protection Policy Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 10/04/2019 09:44 Page 19 of 29 Crescent-Community- Health-Center- Lease/Acquisition Floodplain Management [i Executive Order 11988, Floodplain Management, requires federal activities to avoid impacts to floodplains and to avoid�directtand indirect supportoffloodplain, development to the..exte'nt practicable. Dubuque, IA 900000010103740 Executive Order 11988 1. Do any of the following exemptions apply? Select the applicable citation? [only one selection possible] 55.12(c)(3) 55.12(c)(4) 55.12(c)(5) 55.12(c)(6) 55.12(c)(7) 55.12(c)(8) 55.12(c)(9) 55.12(c)(10) 55.12(c)(11) ✓ None of the above 2. Upload a FEMA/FIRM map showing the site here: FIRMETTE 1690 Elm.pdf The Federal Emergency Management Agency (FEMA) designates floodplains. The FEMA Map Service Center provides this information in the form of FEMA Flood Insurance Rate Maps (FIRMs). For projects in areas not mapped by FEMA, use the best available information to determine floodplain information. Include documentation, including a discussion of why this is the best available information for the site. Does your project occur in a floodplain? No Based on the response, the review is in compliance with this section. Yes 10/04/2019 09:44 Page 20 of 29 Crescent -Community- Dubuque, IA 900000010103740 Health-Center- Lease/Acquisition Screen Summary Compliance Determination This project does not occur in a floodplain. The project is in compliance with Executive Order 11988. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 10/04/2019 09:44 Page 21 of 29 Crescent-Community- Health-Center- Lease/Acquisition Historic Preservation Dubuque, IA 900000010103740 Regulations under Section 106 of the National Historic Preservation Act (NHPA) require a consultative process Section 106 of the National Historic Preservation Act (16 U.S.C. 470f), 36 CFR 800 "Protection of Historic Properties" http://vvww.access.gpo.gov/na ra/cfr/wa isi dx 10/36cfr800 10.html to identify historic properties, assess project impacts on them, and avoid, minimize, or mitigate'. adverse effects Threshold Is Section 106 review required for your project? No, because the project consists solely of activities listed as exempt in a Programmatic Agreement (PA ). (See the PA Database to find applicable PAs.) ✓ No, because the project consists solely of activities included in a No Potential to Cause Effects memo or other determination [36 CFR 800.3(a)(1)]. Yes, because the project includes activities with potential to cause effects (direct or indirect). Threshold (b). Document and upload the memo or explanation/justification of the other determination below: This project consists of acquisition/leasing, therefore there is no potential to cause effects. Based on the response, the review is in compliance with this section. Screen Summary Compliance Determination Based on the project description the project has No Potential to Cause Effects. The project is in compliance with Section 106. 10/04/2019 09:44 Page 22 of 29 Crescent -Community- Dubuque, IA 900000010103740 Health-Center- Lease/Acquisition Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 10/04/2019 09:44 Page 23 of 29 Crescent-Community- Health-Center- Lease/Acquisition Noise Abatement and Control HUD's noise regulations, protect residential properties from excessive noise exposure. HUD, encourages mitigation as appropriate. Dubuque, IA Noise Control Act of 1972 General Services Administration Federal Management Circular 75-2: "Compatible Land Uses at Federal Airfields" 900000010103740 Title 24 CFR Subpart B 1. What activities does your project involve? Check all that apply: New construction for residential use Rehabilitation of an existing residential property A research demonstration project which does not result in new construction or reconstruction An interstate land sales registration Any timely emergency assistance under disaster assistance provision or appropriations which are provided to save lives, protect property, protect public health and safety, remove debris and wreckage, or assistance that has the effect of restoring facilities substantially as they existed prior to the disaster None of the above Screen Summary Compliance Determination Based on the project description, this project includes no activities that would require further evaluation under HUD's noise regulation. The project is in compliance with HUD's Noise regulation. Supporting documentation Are formal compliance steps or mitigation required? 10/04/2019 09:44 Page 24 of 29 Crescent -Community- Dubuque, IA 900000010103740 Health-Center- Lease/Acquisition Yes ✓ No 10/04/2019 09:44 Page 25 of 29 Crescent-Community- Health-Center- Lease/Acquisition Sole Source Aquifers Dubuque, IA 900000010103740 General requirements Legislation Regulation The Safe Drinking Water Act of1974 protects drinking water systems which are the sole or principal drinking water source for an area and which, if contaminated, would create a significant hazard to public health. Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300f et seq., and 21 U.S.C. 349), 40 CFR Part 149 1. Does the project consist solely of acquisition, leasing, or rehabilitation of an existing building(s)? ✓ Yes Based on the response, the review is in compliance with this section. No Screen Summary Compliance Determination Based on the project description, the project consists of activities that are unlikely to have an adverse impact on groundwater resources. The project is in compliance with Sole Source Aquifer requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 10/04/2019 09:44 Page 26 of 29 Crescent-Community- Health-Center- Lease/Acquisition Wetlands Protection Dubuque, IA 900000010103740 Executive Order 11990 discourages direct or mdirectsupport of new construction impacting wetlands wherever there is a practicable alternative. The Fish and Wildlife Service' National Wetlands Inventory can be used as primary screening tool, but observed or known wetlands not indicated on NWI maps mus processed,`Off-site impacts that result Executive.Ord 2.4:CFR 55.,20 can b used for general uidance regarding Step,; Process.. draining, impounding, or destroying;wetland', must*also be.processed. 1. Does this project involve new construction as defined in Executive Order 11990, expansion of a building's footprint, or ground disturbance? The term "new construction" shall include draining, dredging, channelizing, filling, diking, impounding, and related activities and any structures or facilities begun or authorized after the effective date of the Order V No Based on the response, the review is in compliance with this section. Yes Screen Summary Compliance Determination Based on the project description this project includes no activities that would require further evaluation under this section. The project is in compliance with Executive Order 11990. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 10/04/2019 09:44 Page 27 of 29 Crescent-Community- Health-Center- Lease/Acquisition Wild and Scenic Rivers Act The Wild and Scenic Rivers Act provides federal protection for certain free-flowing, wild, scenic and recreational rivers designated as components or potential components of the National Wild and Scenic Rivers System.(NWSRS) from the effects of construction, or development. Dubuque, IA The Wild. and Scenic Rivers. Act (16 U.S.0 1271-1287 particularly section 7(b) an (c) (16 U.S.C. 1278(b) and (c)) 900000010103740 36 CFR' Part° 2;97; 1. Is your project within proximity of a NWSRS river? ✓ No Yes, the project is in proximity of a Designated Wild and Scenic River or Study Wild and Scenic River. Yes, the project is in proximity of a Nationwide Rivers Inventory (NRI) River. Screen Summary Compliance Determination This project is not within proximity of a NWSRS river. The project is in compliance with the Wild and Scenic Rivers Act. Supporting documentation WSR map.JPG Are formal compliance steps or mitigation required? Yes ✓ No 10/04/2019 09:44 Page 28 of 29 Crescent -Community- Dubuque, IA 900000010103740 Health-Center- Lease/Acquisition Environmental Justice Determine if the project ". creates adverse environmental impacts upon a low-income or minority community. If it does, engage the community, in meaningful participation about mitigating the impacts or move the project. Executive Order 12898 HUD strongly encourages starting the Environmental Justice analysis only after all other laws and authorities, including Environmental Assessment factors if necessary, have been completed. 1. Were any adverse environmental impacts identified in any other compliance review portion of this project's total environmental review? Yes ✓ No Based on the response, the review is in compliance with this section. Screen Summary Compliance Determination No adverse environmental impacts were identified in the project's total environmental review. The project is in compliance with Executive Order 12898. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 10/04/2019 09:44 Page 29 of 29