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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 � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e 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: 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. v � Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis M. Steger, Housing and Community Development Director Dubuque THE CTTY OF � All•Amerip Ciry DuB E �i, i� I I 2007-2012�2013 MRsterpiece on the Mississippi zoi��zoi� 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 2 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 3 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. 4 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. 5 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 6 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 7 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 8 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; 9 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 10 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 11 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 12 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. 13 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 14 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; - 1 - 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. -Z- 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. - 3 - 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. -4- 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: 41 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 -5-