Fiscal Year 2021 Purchase of Services Grant Recommendations Copyrig hted
February 1, 2021
City of Dubuque Action Items # 2.
City Council Meeting
ITEM TITLE: Fiscal Year2021 Purchase of Services Grant Recommendations
SUMMARY: The Community DevelopmentAdvisory Commission recommends the
City Council approve the recommended funding for the Fiscal Year 2021
Purchase of Services Grant applications as follows:
• Convivium Urban Farmstead, Free Take n' Bake Meals ($2,000)
• Crescent Community Health Center, Reducing Oral Disparities
through Dental Services ($19,500)
• Dubuque County Energy District, Rental Energy Efficiency
($8,500)
• Dubuque Dream Center, I n Your Life Mentoring ($20,000)
• Riverview Center, Sexual Assault&Abuse Crisis I ntervention &
Response Program ($25,000)
• St. Mark Youth Enrichment, Social Emotional Connection During
Crisis ($25,000)
RESOLUTION Authorizing execution of Community Development
Block Grant (CDBG) Purchase of Services GrantAgreements
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Purchase of Services Grant Recommendations-MVM City Manager Memo
Memo
FY21 Purchase of Services Agreement Memo Staff Memo
Resolution Resolutions
FY21 Purchase of Services Agreement- CCHC Supporting Documentation
FY21 Purchase of Services Agreement- Convivium
Urban Farmstead Supporting Documentation
FY21 Purchase of Services Agreement- Dubuque Supporting Documentation
County Energy District
FY21 Purchase of Services Agreement- Dubuque Supporting Documentation
Dream Center
FY21 Purchase of Services Agreement- Riverview Supporting Documentation
Center
FY21 Purchase of Services Agreement- St. Mark's 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: Fiscal Year 2021 Purchase of Services Grant Recommendations
DATE: January 27, 2021
The Community Development Advisory Commission recommends the City Council
approve the recommended funding for the Fiscal Year 2021 Purchase of Services Grant
applications as follows:
• Convivium Urban Farmstead, Free Take n' Bake Meals ($2,000)
• Crescent Community Health Center, Reducing Oral Disparities through Dental
Services ($19,500)
• Dubuque County Energy District, Rental Energy Efficiency ($8,500)
• Dubuque Dream Center, In Your Life Mentoring ($20,000)
• Riverview Center, Sexual Assault & Abuse Crisis Intervention & Response
Program ($25,000)
• St. Mark Youth Enrichment, Social Emotional Connection During Crisis ($25,000)
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 & Community Development Director
Dubuque
THE CITY OF �
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TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Director, Housing & Community Development
DATE: January 27, 2021
RE: Fiscal Year 2021 Purchase of Services Grant Recommendations
Introduction
The attached memorandum transmits the Fiscal Year 2021 Purchase of Services Grant
funding recommendations as proposed by the Community Development Advisory
Commission. Purchase of Services Grant recipients' partner with the City of Dubuque to
provide support for human service programs in the City of Dubuque that further the
City's goals, objectives, and priorities.
Background
The Fiscal Year 2021 budget provides a combined $100,000 in Community
Development Block Grant and General Funds funding for the Purchase of Services
Grant competition. The Commission recommends awards in the amount of $100,000 to
six organizations in the City of Dubuque.
Commission Action
The Commission met November 18, 2020 to review and make funding
recommendations to the City Council. An initial recommendation was made to pro-rate
funding to all applicants based on grant request. This recommendation was revisited at
the December 16, 2020 Community Development Advisory Commission meeting and a
small committee was appointed to review applications. The small committee met
December 29, 2020, scored the applications, and prepared a recommendation to the
Community Development Advisory Commission, which met January 6, 2020 and
approved the request for funding as recommended by the small committee.
The Community Development Advisory Commission recommends funding the following
organizations:
• Convivium Urban Farmstead, Free Take n' Bake Meals ($2,000)
• Crescent Community Health Center, Reducing Oral Disparities through Dental
Services ($19,500)
• Dubuque County Energy District, Rental Energy Efficiency ($8,500)
• Dubuque Dream Center, In Your Life Mentoring ($20,000)
• Riverview Center, Sexual Assault & Abuse Crisis Intervention & Response
Program ($25,000)
• St. Mark Youth Enrichment, Social Emotional Connection During Crisis ($25,000)
Recommended Action
The Community Development Advisory Commission recommends the Council approve
the recommended funding for the FY 2021 Purchase of Services Grant applications and
to direct staff to proceed preparing award contracts for applicants.
Prepared by: Christopher J. Lester, Community Development Specialist
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Prepared by Alexis Steger, Housing & Community Devel., 350 W. 6th St. Suite 312 (563) 690-6072
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 30-21
RESOLUTION AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PURCHASE OF SERVICES GRANT AGREEMENTS
Whereas, the following non-profit organizations prepared and submitted requests
to provide support for human service programs in the City of Dubuque:
• Convivium Urban Farmstead
• Crescent Community Health Center
• Dubuque County Energy District
• Dubuque Dream Center
• Riverview Center
• St. Mark Youth Enrichment; and
Whereas, the City Council approved the Community Development Block Grant
FY 2021 Annual Action Plan budget that included the Purchase of Services allocation;
and
Whereas, the submissions have been approved by the Community Development
Advisory Commission on January 6th, 2021; 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 February 1, 2021 for
Purchase of Services Grants to 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
Attest
1 st day of Fe ruary 2021.
Roy D. uol, Mayor
171
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.
Adrienne Breitfelder, City Clerk
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE
AND
CRESCENT COMMUNITY HEALTH CENTER
THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of
Dubuque (herein called the "City") and Crescent Community Health Center (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 Public 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
public service for the purpose of providing low/moderate income residents with
preventive and restorative oral health care services, 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 $19,500.
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 February 1, 2021 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 (15th) day of April, and July and a final performance report by July 31 St, 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. Pa�
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.)
and may not be dated prior to December 1, 2020.
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. 6t" Street, Suite 312
Dubuque, IA 52001
Subrecipient
Gary Collins
Crescent Comm. Health Center
1690 Elm Street S-va7F-`4'36
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 1 day
of
CITY OF DUBUQUE, IOWA,
350 W. 6t" Street
Dubuque, Iowa 52001
0;" 9� � /,_
� � �- -
Signature
Adrienne Breitfelder, City Clerk
Add e00C brei -Pe er
Printed Name
Adrienne Breitfelder, City Clerk
Crescent Comm. Health, Subrecipient
1690 Elm Street
Du u ue, IA 52001
Signature
CEO
Printed Name
CEO
Sign atuRuol,
Roy D. Mayor
Roy N Buel
Printed Name
Roy D. Buol, Mayor
15
LIST OF EXHIBITS
EXHIBIT A STATEMENT OF WORK
EXHIBIT B INCOME GUIDELINES
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
fol lows:
Household Size Below 30%AMI Below 50%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 S: <$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/
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE
AND
CONVIVIUM URBAN FARMSTEAD
THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of
Dubuque (herein called the "City") and Convivium Urban Farmstead (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 Public 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
public service for the purpose of providing low/moderate income residents of
Dubuque with fully prepared meals in response to the growing need for food in the
community, 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 $2,000.
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 February 1, 2021 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 (15th) day of April, and July and a final performance report by July 31 St, 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. Pa�
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.)
and may not be dated prior to December 1, 2020.
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
5
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.
3. Copyright
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, Property Acquisition and One-For-One Housing Replacement
6
The Subrecipient agrees to comply with (a)the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (URA), and
implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the
requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement
and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the
requirements in 24 CFR 570.606(d) governing optional relocation policies. The
Subrecipient shall provide relocation assistance to displaced persons as defined
by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition,
rehabilitation, demolition or conversion for a CDBG-assisted project. The
Subrecipient also agrees to comply with applicable Recipient ordinances,
resolutions and policies concerning the displacement of persons from their
residences.
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;
7
- lowa Civil Rights Act of 1965, as amended;
- Dubuque Civil Rights Ordinance, City of Dubuque Code of Ordinances, Title 8,
and.
- Others as applicable
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
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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. 6t" Street, Suite 312
Dubuque, IA 52001
9. Governing Law. This Agreement is a c
construed under the laws of the State of low
related to this Lease shall be brought in a
Dubuque County, Iowa.
Subrecipient
Leslie Shalabi
Convivium Urban Farmstead
2811 Jackson Street
Dubuque, IA 52001
ontract executed under and to be
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the V st day
of FebrurA(,y a��l
CITY OF DUBUQUE, IOWA, Convivium, Subrecipient
350 W. 6t" Street 2811 Jackson Street
Dubuque, Iowa 52001 Dubuque, IA 52001
ad2� �, A
Signature
Adrienne Breitfelder, City Clerk
Ackenne
Printed Name
Adrienne Breitfelder, City Clerk
Signature
Executive Director
4'es // e cf42g1A � I .
Printed Name
Executive? rector
A—
Signaturf/
Roy D. Buol, Mayor
Rov b, Buol
Printed Name
Roy D. Buol, Mayor
15
Printed Name
Roy D. Buol, Mayor
16
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
fol lows:
Household Size Below 30%AMI Below 50%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 S: <$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
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE
AND
DUBUQUE COUNTY ENERGY DISTRICT
THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of
Dubuque, a municipal corporation (herein called the "City") and Dubuque County Energy
District, an lowa Domestic Non-profit (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 Public 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
public service for the purpose of providing energy audits &weatherization services
with a focus on low-income & at-risk residents, 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 $8,500.
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 February 1, 2021 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
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 (15th) day of April, and July and a final performance report by July 31 St, 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. Pa�
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.)
and may not be dated prior to December 1, 2020.
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
5
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.
3. Copyright
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, Property Acquisition and One-For-One Housing Replacement
6
The Subrecipient agrees to comply with (a)the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (URA), and
implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the
requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement
and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the
requirements in 24 CFR 570.606(d) governing optional relocation policies. The
Subrecipient shall provide relocation assistance to displaced persons as defined
by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition,
rehabilitation, demolition or conversion for a CDBG-assisted project. The
Subrecipient also agrees to comply with applicable Recipient ordinances,
resolutions and policies concerning the displacement of persons from their
residences.
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;
7
- lowa Civil Rights Act of 1965, as amended;
- Dubuque Civil Rights Ordinance, City of Dubuque Code of Ordinances, Title 8,
and.
- Others as applicable
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
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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
Subrecipient
Dubuque County Energy District
700 Locust Street, Suite 195
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 �� day
of Fcbruar, , a0al—
CITY OF DUBUQUE, IOWA,
350 W. 6th Street
Dubuque, Iowa 52001
Roy D. Buol, Mayor
,,, ,, �. /K�
Signatur
DUBUQUE COUNTY ENERGY
DISTRICT, Subrecipient
700 Locust Street, Suite 195
Dubuque, IA 52001
` fv
Signature
Program Coordinator
a4'�S�- /'7. 4w� MIAlaiia. U�
Adrienne Breitfelder, City Clerk Printed Name
Program Coordinator
15
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 Below 30% AMI Below 50% Below 80% Above 80%
Size AMI AMI AMI
Famil Size 1: <$17,400 <$29,050 <$46,450 >$46,450
Famil Size 2: <$19,900 <$33,200 <$53,050 >$53,050
Famil Size 3: <$22,400 <$37,350 <$59,700 >$59,700
Famil Size 4 <$24,850 <$41,450 <$66,300 >$66,300
Family Size 5: <$26,850 <$44,800 <$71,650 >$71,650
Famil Size 6: <$28,850 <$48,100 <$76,950 >$76,950
Family Size 7: <$30,850 <$51,400 <$82,250 >$82,250
Famil 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.hudexchanqe.info/resource/5334/cdbq-income-limits/
Organizations required to verify income are encouraged to use the CPD Income
Eligibility Calculator at https://www.hudexchange.info/incomecalculator/
EXHIBIT C
PROJECT/ACTIVITY BUDGET
EXHIBIT D
STANDARD REQUIREMENTS
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE
AND
DUBUQUE DREAM CENTER
THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of
Dubuque (herein called the "City") and Dubuque Dream Center (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 service for the purpose of providing low/moderate income children with
mentoring programs dedicated to academic initiatives and character development,
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 $20,000.
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 February 1, 2021 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
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 (15th) day of April, and July and a final performance report by July 31 St, 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. Pa�
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.)
and may not be dated prior to December 1, 2020.
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
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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
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
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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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City
Christopher Lester
Community Development Specialist
Housing & Community Dev. Dept
350 W. 611, Street, Suite 312
Dubuque, IA 52001
Subrecipient
Robert Kimble
Dubuque Dream Center
1600 White Street
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
day of Fchryca ry o� l
CITY OF DUBUQUE, IOWA,
350 W. 6t" Street
Dubuque, Iowa 52001
Signature
Adrienne Breitfelder, City Clerk
Mre-n r- hf{ff e-I F-1-
Printed Name
Adrienne Breitfelder, City Clerk
Dubuque Dream Center, Subrecipient
1600 White Street
Dubuque, IA 52001
Signature
Executive Director
)L'fob�L
Printed Name
Executive Dir ctor
I
Signature
Roy D. Buol, Mayor
Roy Dw Buol
Prin ed Name
Roy D. Buol, Mayor
15
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
fol lows:
Household Size Below 30%AMI Below 50%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 S: <$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
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE
AND
RIVERVIEW CENTER
THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of
Dubuque (herein called the "City") and Riverview Center (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 Public 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
public service for the purpose of providing low/moderate income residents free
sexual assault services, 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 $25,000.
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 February 1, 2021 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
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 (15th) day of April, and July and a final performance report by July 31 St, 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. Pa�
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.)
and may not be dated prior to December 1, 2020.
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
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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. 6t" Street, Suite 312
Dubuque, IA 52001
Subrecipient
Joey Taylor
Riverview Center
1789 Elm Street
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 1,5+ day
of _Februo ry ,
CITY OF DUBUQUE, IOWA, Riverview Center, Subrecipient
350 W. 6t" Street 1789 Elm Street
Dubuque, Iowa 52001 Dubuque, IA 52001_
Signature SiCL
tuAirecto
Adrienne Breitfelder, City Clerk Eti
Printed Name
Adrienne Breitfelder, City Clerk
Joey Taylor
Printed Name
Executive Urector
Signatur
Roy D. Buol, Mayor
Printed Name
Roy D. Buol, Mayor
15
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
fol lows:
Household Size Below 30%AMI Below 50%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 S: <$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
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE
AND
ST. MARK YOUTH ENRICHMENT
THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of
Dubuque (herein called the "City") and St. Mark Youth Enrichment (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 service for the purpose of cultivating educational and social-emotional
growth of youth (K-5) and families, 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 $25,000.
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 February 1, 2021 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
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 (15th) day of April, and July and a final performance report by July 31 St, 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. Pa�
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.)
and may not be dated prior to December 1, 2020.
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
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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;
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
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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
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
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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.
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
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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. 6t" Street, Suite 312
Dubuque, IA 52001
Subrecipient
Dawn Cogan
St. Mark Youth Enrichment
1201 Locust Street
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 V s� day
of Eelruo ry .
CITY OF DUBUQUE, IOWA,
350 W. 6t" Street
Dubuque, Iowa 52001
.tip
Signature
Adrienne Breitfelder, City Clerk
�beridie. Bre'i=� dde-r
Printed Name
Adrienne Breitfelder, City Clerk
St. Mark Youth Enrichment, Subrecipient
1201 Locust Street
Dubuque, IA 52001
-04 4 A t2�tz
nature
Executive Director
D ato V'\ (�10 C' O'n
Printed Name v
Executive Dctor
Z f,
Signature
Roy D. Buol, Mayor
Printed Name
Roy D. Buol, Mayor
15
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
fol lows:
Household Size Below 30%AMI Below 50%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 S: <$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