Community Development Block Grant (CDBG) Agreements - Hills & Dales and Four Mounds Copyrig hted
December 7, 2020
City of Dubuque Consent Items # 8.
City Council Meeting
ITEM TITLE: Community Development Block Grant (CDBG)Agreements - Hills &
Dales and Four Mounds
SUM MARY: City Manager recommending approval of the Fiscal Year 2021
Community Development Block Grant (CDBG)Agreements for Hills &
Dales Senior Center and Four Mounds HEART Program.
RESOLUTION Authorizing execution of Community Development
Block Grant Funded Agreements
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
FY21 CDBG Agreements for Hills & Dales and Four City Manager Memo
Mounds-MVM Memo
FY21 CDBG Hills & Dales, Four Mounds Memo Staff Memo
Resolution Resolutions
FY21 CDBG Agreement- Four Mounds HEART Supporting Documentation
FY21 CDBG Agreement- Hills & Dales Supporting Documentation
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: FY21 CDBG Agreements: Hills & Dales, Four Mounds
DATE: November 30, 2020
Housing and Community Development Director Alexis Steger recommends City Council
approval of the Fiscal Year 2021 CDBG Agreements for Hills & Dales Senior Center in
the amount of$18,200 and Four Mounds HEART Program in the amount of $10,000.
Hills & Dales Senior Center will maintain existing services designed to further the goal:
Vibrant Community: Healthy and Safe. Four Mounds HEART Program will maintain
existing services designed to further the goal: Livable Neighborhoods and Housing:
Great Place to Live.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
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Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis M. Steger, Housing and Community Development Director
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing and Community Development Director
SUBJECT: FY21 CDBG Agreements: Hills & Dales, Four Mounds
DATE: November 12, 2020
Introduction
The attached memorandum transmits the Fiscal Year 2021 CDBG agreements for Hills
& Dales Senior Center and Four Mounds HEART Program.
Background
The Fiscal Year 2021 council-approved budget provides $18,200 in general funds for
the Hills and Dales Senior Center and $10,000 in Community Development Block grant
funds for the Four Mounds HEART Program.
Discussion
Grant recipients agree to use grant resources to further goals identified by the City
Council. Hills & Dales Senior Center will maintain existing services designed to further
the goal: Vibrant Community: Healthy and Safe. Four Mounds HEART Program will
maintain existing services designed to further the goal: Livable Neighborhoods and
Housing: Great Place to Live.
Organizations will be required to submit quarterly reports to City staff, identifying
race and income of individuals being assisted. This information helps City staff collect
data on the needs of the residents of the City of Dubuque and track outcomes of the
programs offered.
Recommendation
I respectfully request the City Council approve the attached agreements with Hills and
Dales Senior Center and Four Mounds HEART Program and authorizes the Mayor to
execute the agreement on behalf of the City.
Prepared by: Christopher J. Lester, Community Development Specialist
Prepared by Christopher Lester. Housing & Community Devel., 350 W. 6th St., Suite 312 Telephone: 563-690-6072
Return to: Adrienne N., Breitfelder, City Clerk Address: City Hall- 50 W. 13th St Telephone: (563) 589-4100
RESOLUTION NO. 350-20
RESOLUTION AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDED AGREEMENTS
Whereas, the following non-profit organizations requested Community Development
Block Grant funding to assist for low- or moderate -income residents;
• Four Mounds HEART
• Hills and Dales Senior Center
Whereas, the City Council approved the Community Development Block Grant FY
2021 Annual Action Plan budget that included the CDBG allocation; and
Whereas, all services provided will be to a minimum of 51 % low/moderate income
residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Funding Approval/Agreements, authorized by the Community
Development Advisory Commission beginning July 1, 2020 for funding of the
aforementioned organizations be approved.
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 December 2020.
Roy . Buol, Mayor
Attest:
Adrienne Breitfelder, Gity Clerk
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE
AND
FOUR MOUNDS
THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of
Dubuque (herein called the "City") and Four Mounds (herein called the "Subrecipient"),
effective upon the date last signed below.
WHEREAS, the City has applied for and received Community Development Block
Grant (CDBG) funds from the United States Government through the Department of
Housing and Urban Development under Title I of the Housing and Community
Development Act of 1974, Public Law 93-383 and has received approval of activities
under Federal Award Identifier Number B-20-MC-19-0004; and
WHEREAS, the City wishes to engage Subrecipient to assist the City in utilizing
such CDBG funds to assist Subrecipient in Youth Services,
WHEREAS, both the City and the Subrecipient desire to make a written agreement
with respect to said funds and the implementation of the project to which they pertain;
and
WHEREAS, both the City and the Subrecipient certify that the activity will meet the
CDBG National Objective of benefit to low- and moderate-income persons,
NOW, THEREFORE, in consideration of the mutual promises of the parties, it is
agreed as follows:
A. STATEMENT OF WORK
1. Activities
The Subrecipient will be responsible for administering a CDBG Program Year 2020
youth services for the purpose of rehabbing Low-Moderate Income Housing,
detailed in Exhibit A, in a manner satisfactory to the City and consistent with any
standards required as a condition of providing these funds. The scope of activities
to be rendered by the Subrecipient as a condition of receiving funds for the
Project/Activity pursuant to this Contract is attached as Exhibit A hereto and made
a part of this Contract.
2. NationalObjectives
The Subrecipient will carry out the activities funded under this Agreement that meet
the CDBG program's National Objective of:
❑ Assisting low and moderate-income persons, said income guidelines
found in Exhibit B
❑ Aid in the prevention or elimination of slums or blight
❑ Meet community development needs having a particular urgency, as
defined in 24 CFR 570.208.
❑ Other (Explain)
3. Project Budqet
The City agrees, subject to the terms and conditions of this Agreement, to
compensate the Subrecipient for the Statement of Work outlined in Exhibit A, in
accordance with the budget presented in Exhibit C not to exceed $10,000.
4. Retainaqe
Five percent (5%) of the total grant amount may be retained from payment until
such report of audit referenced in Section B (7) of this Agreement, has been
provided to, and accepted by the City. No audit fees will be reimbursed by the City.
5. Term and Time of Performance
Services of the Subrecipient shall start on July 1, 2020 and end on June 30, 2021.
All the required activities and services, except for audit, will be completed by or
before this date. The City may grant extensions at its sole discretion. Only a valid
written Amendment to the Agreement shall alter this completion date. The term of
this Agreement and the provisions herein shall be extended to cover any additional
time period during which the Subrecipient remains in control of CDBG funds or
other assets, including program income.
6. Performance Measures and Monitorinq
In compliance with the Department of Housing & Urban Development's Outcome
PerFormance measurement system (24CFR 91.220(e)) the City will monitor the
performance of the Subrecipient against goals and required performance
standards. Substandard perFormance as determined by the City will constitute
non-compliance with this Agreement. If action to correct such substandard
perFormance is not taken by the Subrecipient within a reasonable period after being
notified by the City, agreement suspension or termination procedures will be
initiated.
7. On Site Monitorinq
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The Subrecipient shall be subject to site visits, desktop monitoring, or other
methods of monitoring as deemed necessary by personnel of the City, or a
designee of the City or duly authorized officials of federal government, for the
purpose of monitoring the Subrecipient's delivery of services and compliance with
terms of the agreement and federal standards that pertain to federally funded grant
activities. Review may include but are not limited to: agency and program policies,
procedures, standards, handbooks and operational documents; accounting books
and records for financial management and documentation of program costs such
as time sheets and mileage logs; verification records of the persons to participate
or benefit from grant funded activities; documentation of report data and other
program progress; and records demonstrating procurement procedures and
property management. The reviewers will have access to and the right to examine,
audit, duplicate, excerpt and/or transcribe any of the Subrecipient's records
pertaining to all matters covered by this Agreement. The Subrecipient shall be
subject to subsequent site visits to review correction of any deficiencies.
B. RECORDS AND REPORTS
1. Maintenance
The Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506 and by the City 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 to determine the eligibility of activities, individuals, or
households;
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, such as
f) Financial records as required by 24 CFR Part 570.502, and 24 CFR 84.21-
28;
g) Other records necessary to document compliance with Subpart K of 24 CFR
570;
h) A list of current board members, calendar of upcoming board meetings and
minutes of all board meetings; and
i) Equity metrics on race, income, and head of household.
2. Retention
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The Subrecipient agrees to keep the records required by this Agreement. The
Subrecipient shall retain all records for a period of five (5) years. The retention
period begins on the date of submission of the City's annual performance and
evaluation report to HUD in which activities assisted under this agreement are
reported for the final time. Records for non-expendable property acquired with
funds under this Agreement shall be retained for five (5)years after final disposition
of such property. Properties retained shall continue to meet eligibility criteria and
shall conform with the "reversion of assets" restrictions specified in Section G of
this Agreement. Records for any displaced person must be kept for five (5) years
after he/she has received final payment. 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 five (5) year period,
then such records must be retained until completion of the actions and resolution
of all issues, or the expiration of the five (5) year period, whichever occurs later.
3. Client Data.
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 service
provided, racial and ethnic data and single head-of-household data, and any other
records pertaining to CDBG funds as required by 2 CFR Part 200. In addition, data
will be retained for affordability and income targeting for each household. Such
information shall be made available to City 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 city's or Subrecipient's responsibilities
with respect to services provided under this contract may be prohibited by federal
or state 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. Reporting Procedures
The Subrecipient will submit quarterly reports to the City detailing its activities
related to the use of City funds including a performance report and a financial
report outlining the use of City funds and shall be submitted no later than the
fifteenth (15t") day of October, January, April, and July and a final perFormance
report by July 31St, in such forms as the City requires. In the event a due date for
a report falls on a weekend or holiday, the report will be due the next business day.
The Subrecipient shall provide information upon request for preparation of the
Consolidated Plan, the CAPER, and any other reports or plans required by the City
or HUD.
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6. Close-out
The Subrecipient's obligation to the City shall not end until all close-out
requirements are completed.
7. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the City, its designees or the federal government, at any
time during normal business hours, as often as the City or federal government
deems necessary to audit, examine, and duplicate or make excerpts or transcripts
of all relevant data. Any deficiencies noted in audit reports must be fully cleared
by the Subrecipient within timeframe stipulated by the City. Failure of the
Subrecipient to comply with the above audit requirements will constitute a violation
of this Agreement and may result in the withholding of future payments.
8. Payment
a. Maximum Amount and Drawdowns
It is expressly agreed and understood that the total amount to be paid by the City
under this Agreement shall not exceed the amount stipulated in Section 3 of this
Agreement. Drawdowns for the payment of eligible expenses are reimbursement
only and shall be made against the line item budgets specified in Exhibit C herein
and in accordance with any City policy concerning payments. The entire amount
of allowable grant expenses (including those to be paid with program income) shall
be supported by source documentation (e.g., invoices, time sheets, receipts, etc.).
D. UNIFORM ADMINISTRATIVE REQUIREMENTS
1. Accounting Standards
The Subrecipient agrees to comply with 2 CFR Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, and
agrees to adhere to the accounting principles and procedures required therein, use
adequate internal controls, and maintain necessary source documentation for all
costs incurred.
2. Procurement
The Subrecipient shall have its own procurement policies and procedures. Said
policies shall meet the requirements of 2 CFR Part 200 Subpart D Procurement
Standards. The Subrecipient shall follow Management Standards as modified by
24 CFR 570.502(b) (3) (vi), covering use and disposition of property.
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3. Copvright
If this Agreement results in any copyrightable material or inventions, the City and/or
federal government 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 government purposes.
E. OTHER PROGRAM REQUIREMENTS
1. General Compliance
The Subrecipient agrees to comply with the requirements of 24 CFR 570. The
Subrecipient also agrees to comply with all other applicable federal, state and local
laws, regulations, and policies governing its operations and the funds provided
under this Agreement. The Subrecipient agrees to remain current on all applicable
taxes, assessments and other governmental charges and to maintain all
Subrecipient owned property(ies) in compliance with all applicable City Codes.
2. Hold Harmless and Indemnification
The Subrecipient, its agents and any assignees shall agree to hold harmless and
indemnify the City and its agents, officials and employees against all suits, claims,
damages, and losses, including attorney fees that may be based on any injury to
person or property due to negligent acts, errors or omissions of the Subrecipient.
3. Worker's Compensation
The Subrecipient shall provide Worker's Compensation Insurance coverage per
lowa State Code, Chapter 85.
4. Insurance & Bondinq
The Subrecipient shall carry sufficient insurance coverage to protect contract
assets from loss due to theft, fraud and/or physical damage.
The Subrecipient shall comply with the bonding and insurance requirements of 24
CFR 84.31 and 84.48 and any applicable state and local requirements for
insurance and bonding. Subrecipient shall meet the strictest standard for bonding
and insurance coverage.
5. Relocation, Propertv Acquisition and One-For-One Housing Replacement
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
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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.
6. Federal, State, and Local Law Applicability
By virtue of the federal funding provided for under this agreement, the parties
hereto shall be bound by and adhere to all applicable federal, state, and local
laws, rules, policies, orders and directions, including by way of specification but
not limited to the following:
- Title VI of the Civil Rights Act of 1964, as amended;
- The Fair Housing Act— Title VI II of the Civil Rights Act of 1968, as amended;
- Section 104(b) of Title I of the Housing and Community Development Act of
1974, as amended (;
- 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, as amended;
- Section 3 of the Housing & Community Development Act of 1968 (12 U.S.C.
1701 u);
- The Age Discrimination Act of 1975, as amended;
- Executive Order 11063, as amended by Executive Order 12259 (implemented
in 24 CFR Part 107);
- Executive Order 11246 (as amended by Executive Orders 11375 and 12086)
— Equal Opportunity Under HUD contracts and HUD-assisted construction
Contracts;
- Age Discrimination in Employment Act of 1967, as amended.
- Chapter 216 of the lowa Civil Rights Act of 1965, as amended
- The Equal Pay Act of 1963, as amended.
- The Civil Rights Act of 1991, as amended
- Davis-Bacon Act, as amended, where applicable under Section 110 of the
Housing and Community Development Act of 1974, as amended;
- Contract Work Hours and Safety Standards Act;
- Copeland Anti-Kickback Act;
- CARES Act of 2020;
- lowa Civil Rights Act of 1965, as amended;
- Dubuque Civil Rights Ordinance, City of Dubuque Code of Ordinances, Title 8,
and.
- Others as applicable
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and shall include compliance with these provisions in every subcontract or
purchase order, specifically or by reference, so that such provisions will be binding
upon each of its own subcontractors.
7. Nondiscrimination
No person shall be excluded from or denied the benefits of Subrecipient's service
or programs or be denied employment on the basis of race, color, religion, creed,
sex, sexual orientation, gender identity, national origin, ancestry, age, mental or
physical disability, marital status or familial status. The Subrecipient will take
affirmative action to ensure that all employment practices are free from such
discrimination and state that it is an Equal Opportunity or Affirmative Action
employer.
8. W/MBE
The Subrecipient will use its best efforts to afford minority — and women-owned
business enterprises (at least fifty-one (51) percent owned and controlled by
minority group member or women) the maximum practicable opportunity to
participate in the perFormance of this Agreement.
9. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of
1964 and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other
transfer of land acquired, cleared or improved with assistance provided under this
contract, the Subrecipient shall cause or require a covenant running with the land
to be inserted in the deed or lease for such transfer, prohibiting discrimination as
herein defined, in the sale, lease or rental, or in the use or occupancy of such land,
or in any improvements erected or to be erected thereon, providing that the
Recipient and the United States are beneficiaries of and entitled to enforce such
covenants. The Subrecipient, in undertaking its obligation to carry out the program
assisted hereunder, agrees to take such measures as are necessary to enforce
such covenant, and will not itself so discriminate.
10. Assiqnability
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The Subrecipient shall not assign or transfer any interest in this Agreement without
the prior written consent of the City thereto; provided, however, that claims for
money due or to become due from to the subrecipient from the City under this
Agreement 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 City. No real property acquired, improved or otherwise
invested in with CDBG funds, including loan portfolios attributable to the use of
CDBG funds, may be assigned, transferred or sold without the prior written consent
of the City thereto.
11.Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 and 2 CFR
Part 200 with respect to conflicts of interest. Requests for exceptions, as permitted
by federal regulations, must be made in the manner prescribed by the City.
12.Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under
this Agreement, shall be in any way or to any extent engaged in the conduct of
political activities in violation of Chapter 15 of Title V of the U.S.C.
13.Lobbyinq
The Subrecipient hereby certifies that:
a. No federal funds appropriated under this agreement have been paid or will be
paid, by or on behalf of it, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan or cooperative agreement;
b. If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions;
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c. It will require that the language of paragraph (d) of this certification be included
in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements)
and that all Subrecipients shall certify and disclose accordingly;
d. 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 such failure.
14.Restrictions
The Subrecipient is prohibited from using CDBG funds or personnel employed in
the administration of the program for political purposes, or to engage in other
partisan political activities, sectarian, or religious activities or nepotism activities.
15.Environmental Standards
24 CFR Part 58; 24 CFR 570.604; and Section 104(g) HCD
The Subrecipient agrees to comply with the policies of the National Environmental
Policy Act of 1969. The purpose of this Act is to attain the widest use of the
environment without degradation, risk to health or safety or other undesirable and
unintended consequences.
16.Air, Water and Solid Waste
The Subrecipient agrees to comply with the following requirements insofar as they
apply to the perFormance of this Agreement:
- The Clean Air Act, 42 U.S.C. 7401, et seq., as amended.
- 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 other requirements specified in said Section 114 and
Section 308, and all regulations and guidelines issued thereunder.
- Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part
50, as amended.
- The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et seq., and 21
U.S.C. 349) as amended;
- 42, U.S.C. 6901 et seq., as amended.
17.Flood Disaster Protection
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In accordance with the requirements of the Flood Disaster Protection Act of 1973,
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.
18.Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential
structures with assistance provided under this Agreement shall be subject to HUD
Lead-Based Pain Regulations. 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.
19.Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended and the
procedures set forth by the Advisory Council on Historic Preservation Procedures
for Protection of Historic Properties, insofar as they apply to the performance of
this agreement.
F. REMEDIES FOR NON-COMPLIANCE AND TERMINATION
1. Remedies for Noncompliance
If the City at any time determines the Subrecipient materially fails to comply with
any term of this Agreement, or with any of the rules, regulations, or provisions
referred to herein, the City may use any or all of the remedies allowed under 2
CFR Part 200.338 and 200.339 to ensure compliance. The City may also impose
additional specific award conditions as needed at any time to ensure compliance
in accordance with 2 CFR Part 200.207. Possible remedies include:
a. Warninq
Issuance of a written warning citing the violation that has occurred, and a deadline
when the violation must be remedied if it is still occurring.
b. Withholdinq Payment
Withholding of funds by the City until the Subrecipient is found to be in compliance
by the City.
c. Grant Adjustment
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Adjustment in the payment method or reduction of the grant to the Subrecipient
when there is noncompliance and the violation cited has not been remedied as
specified.
d. Reimbursement
Reimbursement by the Subrecipient with non-CDBG funds for CDBG funds which
have not been spent in accordance with this Agreement.
e. Termination
Termination of funds in whole or in part by the City if the Subrecipient materially
fails to comply with any term or condition of this Agreement or with any of the rules,
regulations or provisions referred to herein, or for cause as allowed in 2 CFR Part
200.339. In the event of termination of this award, in accordance with 2 CFR Part
200.340(c), the information required under the Federal Funding Accountability and
Transparency Act (FFATA) must be provided to the Federal Web site established
to fulfill the requirements of FFATA, and update or notification must be provided to
any other relevant governmentwide systems or entities of any indications of poor
perFormance as required by 41 U.S.C. 417b and 31 U.S.C. 3321 and implementing
guidance at 2 CFR Part 77. Additionally, the requirements for Suspension and
Debarment at 2 CFR Part 180 may apply.
f. Nonparticipation
Prohibition of the Subrecipient from future participation in the CDBG program if the
Subrecipient has not complied with the action administered by the City.
g. Termination for Convenience
This Agreement may be terminated in whole or in part by either party upon
providing the other party a written, ninety (90) day notice, in which case the City
and Subrecipient shall agree upon the termination conditions, including the
effective date, the disposition of agreement amounts, and in the case of partial
termination the portion to be terminated. However, if, in the case of partial
termination, the City determines that the remaining portion of the award will not
accomplish the purposes for which the award was made, and the award is
terminated in its entirety, Subrecipient shall promptly repay to the City the full grant
amount or that portion of the amount which has been disbursed to Subrecipient
prior to such termination.
h. Termination due to Loss of Funds
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This Agreement will terminate in full or in part, at the discretion of the City, in the
event the City suffers a loss of funding or termination of the federal funds which
permits it to fund this grant. In the event the City suffers such a loss of funding,
the City will give the Subrecipient as much written notice as possible which will set
forth the effective date of full or partial termination, or if a change in funding is
required, setting forth the change in funding and the changes in approved budget.
G. REVERSION OF ASSETS
1. Program Assets Reversion
Upon the expiration of this Agreement, the Subrecipient shall transfer to the City
any CDBG funds on hand at the time of expiration and any accounts receivable
attributable to the use of CDBG funds. All program assets (unexpended program
income, property, equipment, etc.) shall revert to the City upon termination of this
Agreement, unless addressed under another agreement as provided in Section C.
2. Real Propertv Reversion
Any real property under the Subrecipient's control that was acquired or improved
in whole or in part with CDBG funds (including CDBG funds provided to the
Subrecipient in the form of a loan) in excess of$25,000 shall comply with either of
the following:
a. National Objective Compliance
Used to meet one of the national objectives in 24 CFR 570.208 until five years
after expiration of this Agreement, or for such longer period of time as
determined to be appropriate by the City; or
b. National Obiective Noncompliance
Not used in accordance with Section G (2) (a) of this Agreement, in which event
the Subrecipient shall pay to the City an amount equal to the current market
value of the property less any portion of the value attributable to expenditures
of non-CDBG funds for the acquisition of, or improvement to, the property. The
payment is program income to the City. (No payment is required after the
period of time specified in Section G (2) (a) of this Agreement.)
H. MISCELLANEOUS
1. Waiver
No conditions or provisions of this Agreement can be waived unless approved by
the City in writing.
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The City's failure to insist upon the strict perFormance of any provision of this
Agreement or to exercise any right based upon breach will not constitute a waiver
of any rights under this Agreement.
2. Desiqnation of Officials
City designates the City Manager or the City Manager's designee as its
authorized representative with respect to the work to be performed under this
Agreement including, but not limited to, the ability to execute any changes in the
terms, conditions, or amounts specified in this Agreement .
The Board Chair of the Subrecipient or designee is the official authorized to
execute any changes in the terms, conditions or amounts specified in this
Agreement.
3. Code of Conduct
The City expects that Subrecipients and any subcontractors of Subrecipients to
demonstrate courtesy, consideration and promptness in dealing with the public,
program participants, the City, and other governmental agencies.
4. Aqreement Coveraqe
This instrument along with any Exhibits and the grant application contain the
entire agreement between the parties. Any statements, inducements or promises
not contained will not be binding upon the parties. This Agreement will be binding
upon the successors in office of the respective parties.
5. Severabilitv
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.
6. Notice to Proceed
The City will issue a Notice to Proceed to the Subrecipient to incur costs relative
to the program implementation.
7. Exhibits
All Exhibits are hereby incorporated into this Agreement.
8. Notices
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Notices required by this Agreement shall be in writing and delivered via mail,
commercial courier, or personal delivery or sent by facsimile or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date
of delivery or sending. All notices and other written communications under this
Agreement shall be addressed to the individuals in the capacities indicated
below, unless otherwise modified by subsequent written notice.
City
Christopher Lester
Community Development Specialist
Housing & Community Dev. Dept
350 W. 6th Street, Suite 312
Dubuque, IA 52001
Suibrecipient
Jill Courtney
Four Mounds Foundation
HEART Program
4900 Peru Rd.
Dubuque, IA 52001
9. Governing Law. This Agreement is a contract executed under and to be
construed under the laws of the State of Iowa. Any legal action arising out of or
related to this Lease shall be brought in a court of competent jurisdiction in
Dubuque County, Iowa.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the 7thday
Of Dpr,-mbar , 2020
CITY OF DUBUQUE, IOWA,
350 W. 6th Street
Dubuque, Iowa 52001
Signature
Adrienne Breitfelder, City Clerk
Adrienne Breitfelder
Printed Name
Adrienne Breitfelder, City Clerk
Four Mounds, Subrecipient
4900 Peru Rd
Dubuque, IA 52001
�a
Sin ture
Executive Director
Jill Courtney
Printed Name
Ex Director r
Signa re
Roy D. Buol, Mayor
Roy D. Buol
Printed Name
Roy D. Buol, Mayor
LIST OF EXHIBITS
EXHIBIT A STATEMENT OF WORK
EXHIBIT B INCOME GUIDELINES
EXHIBIT C PROJECT/ACTIVITY BUDGET
EXHIBIT D STANDARD REQUIREMENTS
EXHIBIT A
STATEMENT OF WORK
Limited Clientele activities benefit a specific targeted group of persons of which at least 51
percent must be LMI. In order to meet the LMI Limited Clientele criteria, the activity must:
— Serve at least 51 percent LMI, as evidenced by documentation and data concerning
beneficiary family size and income;
—Have income-eligibility requirements which limit the service to persons meeting the
LMI income requirement, as evidenced by the administering agency's procedures,
intake/application forms, income limits, and other sources of documentation;
— Serve a group primarily presumed to be LMI such as abused children, battered
spouses, elderly persons, severely disabled adults,homeless persons, illiterate adults,
persons living with AIDS and migrant farm workers; or
—Be of such a nature and in a location that it may be concluded that the activity's
clientele are LMI.
EXHIBIT B
INCOME GUIDELINES
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 1, 2020 for the Dubuque Metropolitan Area are as
follows:
Household Size Below 30%AMI Below SO%AMI Below 80%AMI Above 80%AMI
Family Size 1: <$17,400 <$29,050 <$46,450 >$46,450
Family Size 2: <$19,900 <$33,200 <$53,050 >$53,050
Family Size 3: <$22,400 <$37,350 <$59,700 >$59,700
Family Size 4 <$24,850 <$41,450 <$66,300 >$66,300
Family Size 5: <$26,850 <$44,800 <$71,650 >$71,650
Family Size 6: <$28,850 <$48,100 <$76,950 >$76,950
Family Size 7: <$30,850 <$51,400 <$82,250 >$82,250
Family Size 8: <$32,850 <$54,750 <$87,550 >$87,550
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/
EXHIBIT C
PROJECT/ACTIVITY BUDGET
EXHIBIT D
ANNUAL AUDIT WAIVER/APPROVAL, IF APPLICABLE
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
CDBG Contract
CITY OF DUBUQUE, IOWA
AND
HILLS AND DALES
FY 2021 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)Agreement
THIS AGREEMENT, executed on the 12th day of October 2020 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 Hills and Dales, with its principal place of business in Dubuque, lowa (Subrecipient).
Whereas, Recipient is a participating city in the Community Development Block Grant (CDBG) Program
ofthe United States Department of Housing and Urban Development; and
Whereas, Recipient wishes to engage Subrecipient to assist Recipient in providing services to a
presumed low-and moderate- income population.
NOW THEREFORE, in consideration of the premises and respective covenants, agreements and
representations hereinafter set forth, the parties agree as follows:
I. SCOPE OF SERVICES:
a. Subrecipient shall:
i. Provide the services to eligible residents of the City of Dubuque in a manner satisfactory
to Recipient and consistent with any standards required as a condition of providing these
funds. Such program shall include the following activities eligible under the Community
Development Block Grant Program: Operating costs for the Hills and Dales Lifetime
program to provide educational, recreational and social programs to elderly persons.
1. In the event of a conflict between Subrecipient's proposals and the provisions
hereto attached, that provision which in the judgment of Recipient provides the
greatest benefit to Recipient shall prevail. Failure of Subrecipient to provide any
of the services proposed shall be deemed a material breach of this Agreement.
ii. Support the City's efforts to be a viable, livable, and equitable community, and to advance
equity and inclusion. The City will provide opportunities to demonstrate this support by
inviting the Executive Director of the Agency and any employees working on services
covered by this agreement to participate in the following professional development
opportunities and supporting activities:
1. The opportunity to be active and engaged participants in Inclusive Dubuque peer
learning opportunities and strategic efforts, Exhibit A;
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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.
iii. Comply with City Council goals and priorities are attached hereto as Exhibit B.
I. City Responsibilities
City designates the City Manager, or the City Manager's designee, to act as its representative
with respect to the work to be performed under this Agreement, and such person shall have
authority to transmit instructions, receive information, interpret and define City's policies and
provide decisions in a timely manner pertinent to the work covered by this Agreement
until Agency has been advised in writing by City that such authority has been revoked.
III. NationalObjective
Subrecipient certifies and maintains documentation that the activities carried out with funds
provided under this Agreement will meet the CDBG
program's National Objectives as stated:
570.208(a)(2) Activities benefiting low and moderate-income persons; Benefit to a
clientele (elderly persons) who are generally presumed to be principally low-moderate
income persons; and requires reporting information on ethnic origin, elderly status, and
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$18,200 for the program as described in Exhibit C.
Any indirect costs charged must be consistent with the conditions of Section II (C) (3) of the
attached Exhibit D, Standard Requirements. In addition, Recipient may require a more detailed
budget breakdown, and Subrecipient shall provide such supplementary budget information in a
timely fashion in the form and content prescribed by Recipient. The Recipient and Subrecipient
must approve any amendments to this Agreement in writing.
V. Dates of Commencement and Completion
The services to be provided under this Agreement shall be commenced on July 1, 2020 and shall
be completed not later than June 30, 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.
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CDBG Contract
VI. Agreement Documents and Provisions
Subrecipient shall perform or arrange for the provision of services under this Agreement in the
manner and time provided herein and in accordance with the Community Development Block
Grant Program, including the Income Guidelines in Exhibit D and Standard Contract
Requirements in Exhibit E herein attached and a part of this agreement.
VII. Payment
a. It is expressly agreed and understood that the total amount to be paid by Recipient to
Subrecipient under this Agreement shall not exceed the amount stated in Section III of
this Agreement. Such amount shall constitute complete compensation for all services to
be rendered, including expenses for the operation of the physical structure and the cost
in providing staff to deliver homeless services. Such amount shall be paid upon written
request on the Request for Payment form, with proof satisfactory to the recipient of
expenses. Drawdowns for payment of eligible expenses are reimbursement only.
b. Payment shall be supported by documentation provided by Subrecipient of costs incurred
for services provided pursuant to this Agreement.
c. Payments are be contingent upon certification of Subrecipient's financial management
system in accordance with the standards specified in 2 CFR 200, the provisions of which
are available in the office of Recipient.
VIII. Insurance.
At the time of execution of this Agreement by Subrecipient, Subrecipient shall provide to
Recipient copies of Subrecipient's insurance certificates showing general liability, automobile
liability, and workers compensation insurance coverage to the satisfaction of Recipient for the
term of this Agreement.
IX. Reporting and Monitoring.
Subrecipient shall render to Recipient a quarterly written report detailing its activities, number of
persons provide emergency shelter. Quarterly reports shall be submitted no later than the 15tn
ofthe month in October, January, April, and July.
Subrecipient shall submit a measurable performance outcome for the funded activity when
submitting the quarterly report, as follows:
The program shall provide senior services and recreational opportunities to an estimated 600
participants aged 62 or older.
Subrecipient shall be subject to at least one site visit by personnel of Recipient, or a designee of
Recipient or duly authorized federal officials, for the purpose of monitoring Subrecipient's
delivery of services and compliance with terms of the agreement and federal standards that
pertain to federally funded grant activities. Income verification of the participants as provided on
the Participant Report, if applicable, shall be provided for review at the time of monitoring.
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CDBG Contract
Review may include accounting books and records for financial management and documentation
of program costs. The reviewers shall have access to and the right to examine, audit, excerpt and
/or transcribe any of Subrecipient's records pertaining to all matters covered by this Agreement.
Subrecipient shall be subject to subsequent site visits to review correction of any deficiencies in
compliance.
Recipient shall monitor the performance of Subrecipient against goals and performance
standards required herein. Substandard performance as determined by Recipient shall
constitute noncompliance with this agreement. If action to correct such substandard
performance is not taken by Subrecipient within a reasonable period of time after being notified
by Recipient, contract suspension or termination procedures shall be initiated.
X. Termination of Agreement
This Agreement may be terminated by either party by giving the other party a written, ninety (90)
day notice of such termination or upon such other terms as may be mutually agreeable.
If,through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under
this Agreement or if Agency shall violate any of the covenants, agreements, or stipulations of this
Agreement,City shall have the right to terminate this Agreement by giving written notice to Agency
of such termination not less than five (5) days before the effective date of such termination.
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CDBG Contract
XI. Notices
Communication and details concerning this Agreement shall be directed to the following
agreement representatives:
Recipient Subrecipient
Christopher Lester Marilyn Althoff
Community Development Specialist Hills and Dales
Housing and Community Development 1011 Davis
350 West 61" 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:
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iCe*n-S-Fi-ritst-a*, Git efk
Adrienne N. Breitfelder
City Clerk
City of Dubuque, Iowa Roy D. Buol
Hills and Dales
kk�ilyn Alihoff, Executive irec or C SO
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