Second Round of Fiscal Year 2021 Purchase of Services Grant Recommendations Copyrig hted
April 5, 2021
City of Dubuque Action Items # 3.
City Council Meeting
ITEM TITLE: Second Round of Fiscal Year2021 Purchase of Services Grant
Recommendations
SUM MARY: City Manager recommending approval of the recommended funding for
the Fiscal Year 2021 Purchase of Services Grant applications as follows:
• Convivium Urban Farmstead, Free Take n' Bake Meals ($23,000)
• Opening Doors, Permanent Supportive Housing ($25,000)
•Almost Home @ St. John's, Homeless Shelter Services ($15,680)
• Four Oaks Family and Children's Services, Four Oaks Dubuque
Supportive Housing Services ($20,496)
• Dubuque YMCA/YWCA, Domestic Violence Shelter($15,824)
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
FY2021 Purchase of Services Grant City Manager Memo
Recommendations-MVM Memo
FY21 Purchase of Services Staff Memo Staff Memo
Resolution Resolutions
FY21 Purchase of Services Agreement-Almost Home Supporting Documentation
FY21 Purchase of Services Agreement- Convivium Supporting Documentation
Urban Farmstead
FY21 Purchase of Services Agreement- DBQ Supporting Documentation
YMCA/YW CA
FY21 Purchase of Services Agreement- Four Oaks Supporting Documentation
FY21 Purchase of Services Agreement- Opening Supporting Documentation
Doors
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Second Round of Fiscal Year 2021 Purchase of Services Grant
Recommendations
DATE: March 31, 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 ($23,000)
• Opening Doors, Permanent Supportive Housing ($25,000)
• Almost Home @ St. John's, Homeless Shelter Services ($15,680)
• Four Oaks Family and Children's Services, Four Oaks Dubuque Supportive
Housing Services ($20,496)
• Dubuque YMCA/YWCA, Domestic Violence Shelter ($15,824)
The second round of 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 five organizations in the City of Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis M. Steger, Housing and Community Development Director
Dubuque
THE CITY OF �
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Masterpiece on the Mississippi Zoi�*zoi9
TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Director, Housing & Community Development
DATE: March 30, 2021
RE: Second Round of Fiscal Year 2021 Purchase of Services Grant
Recommendations
Introduction
The attached memorandum transmits the second round of 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 second round of 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 five organizations in the City of Dubuque.
Commission Action
The Community Development Advisory Commission met March 2, 2021 to review
Amendment 2 of the FY 2021 Annual Action Plan. A recommendation was made to fund
a second round of Purchase of Services. A small committee was formed and met March
10, 2021, scored the applications, and prepared a recommendation to the Community
Development Advisory Commission, which met March 17, 2021 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 ($23,000)
• Opening Doors, Permanent Supportive Housing ($25,000)
• Almost Home @ St. John's, Homeless Shelter Services ($15,680)
• Four Oaks Family and Children's Services, Four Oaks Dubuque Supportive
Housing Services ($20,496)
• Dubuque YMCA/YWCA, Domestic Violence Shelter ($15,824)
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 Christopher Lester, Housing & Community Devel., 350 W. 6th St., Suite 312, Telephone: (563) 690-6072
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 109-21
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:
• Almost Home @ St. John's
• Convivium Urban Farmstead
• Dubuque YMCA/YWCA
• Four Oaks Family and Children's Services
• Opening Doors; and
Whereas, the City Council approved the Community Development Block Grant
FY 2021 Annual Action Plan Amendment 2 budget that included the Purchase of
Services allocation; and
Whereas, the submissions have been approved by the Community Development
Advisory Commission on March 17th, 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 April 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 5th day of M h 2021.
41/
Attest Roy D. efol, Mayor
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Adrienne N. Breitfelder, City Clerk
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE
AND
ALMOST HOME @ ST. JOHN'S
THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of
Dubuque (herein called the "City") and Almost Home @ St. John's (herein called the
"SubrecipienY'), 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 homeless residents of Dubuque
case management and linkage to critical human 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. NationalObiectives
The Subrecipient will carry out the activities funded under this Agreement that
meet the CDBG program's National Objective of:
L7 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. Proiect 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 $15,680.
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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 April 5, 2021 and end on June 30,
2021. Ail 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 DevelopmenYs 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
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 SubrecipienYs delivery of services and compliance
with terms of the agreement and federal standards that pertain to federally
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funded grant activities. Review may indude 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
SubrecipienYs 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
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
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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 SubrecipienYs 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. Reportinq 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 (15'") day of July and a final performance report by July 31�', 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.
6. Close-out
The SubrecipienYs obligation to the City shall not end until all close-out
requirements are completed.
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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. Pavment
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. Accountinq 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.
- 3. Copvriqht
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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 Housinq 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
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
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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 ApplicabilitV
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 VIII 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
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
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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.Lobbvinq
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;
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
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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, Waterand 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
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
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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. I
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 i
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 Adlustment
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.
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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
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. Proqram Assets Reversion
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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 Property Reversion
Any real property under the SubrecipienYs 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 Oblective 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 Oblective 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.
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
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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. �
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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. Severability
If any provision of this Agreement is held invalid, the remainder of the
Agreement shall not be affected thereby and all other parts of this Agreement
shall nevertheless be in full force and effect.
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
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.
14
City
Christopher Lester
Community Development Specialist
Housing & Community Dev. Dept
350 W. 6th Street, Suite 312
Dubuque, IA 52001
Subrecipient
Gwen Kirchhof
Almost Home @ St. John's
1276 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 r IQ
CITY OF DUBUQUE, IOWA, Almost Home @ St. John's,
Subrecipient
350 W. 611 Street 1276 White Street
Dubuque, Iowa 52001 Dubuque, IA 52001
Signature
Adrienne Breitfelder, City Clerk
lerkf
Printed Name
Adrienne Breitfelder, City Clerk
04,
S�nature
Executive Director �l
�e 't U 0
Printed Name
Executive Oirector
Signature
Roy D. Buol, Mayor
0 V bn B(O
Printed Name
Roy D. Buol, Mayor
15
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
"SubrecipienY'), 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 ProjecUActivity pursuant to this Contract is attached as Exhibit A hereto and
made a part of this Contract.
2. NationalObiectives
The Subrecipient will carry out the activities funded under this Agreement that meet
the CDBG program's National Objective of:
� Assisting low and rs�oderate-income persons, said income
guidelines fiouna in Exhipit B
❑ Aid in the prevention or elimination of slums or blight
❑ Meet comrriunity development needs having a particular urgency, as
defined in 24 CFR 570.208.
❑ Other (Explain)
3. Proiect 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 $23,000.
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 April 5, 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 DevelopmenYs Outcome
Pertormance 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.
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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 SubrecipienYs 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 SubrecipienYs 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 shail reiain ail records for a period of fiive (5) years. The reieniion
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 afterfinal 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 SubrecipienYs 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. Reportinq 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 (15�") day of July and a final performance report by July 315�, 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 SubrecipienYs 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. Pavment
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 . Accountinq 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 �FR Pari 20G Subpart u Frocurement
Standards. The Subrecipient shall follow Management Standards as modified by
24 CFR 570.502(b) (3) (vi), covering use and disposition of property.
3. Copvriqht
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
underthis 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 & Bondinp
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 Housinq 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 Applicabilitv
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 VIII 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 I
- 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;
- uubuque Civil Rights Ordinance, Ciiy of uubuque Code of vrdinances, i itie 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 SubrecipienYs 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.
i
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. Assiqnabilitv
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 priorwritten 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.Lobbvinq
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 empioyee 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 ior aii subawards at ali iiers (inciuding subconiracis,
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, Waterand 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. Withholdina Pavment I
Withholding of funds by the City until the Subrecipient is found to be in compliance
by the City.
c. Grant Adiustment
11
F�djus"tment in the payment method or reduciion of the grani io ihe Suorecipieni
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 tne case of partial
termination, the City determines that the remaining portion of the award will not
accomplish the purposes for which the award was made, and the award is
terminated in its entirety, Subrecipient shall promptly repay to the City the full grant
amount or that portion of the amount which has been disbursed to Subrecipient
prior to such termination.
h. Termination due to Loss of Funds
12
This Agreement will terminate in full or in part, at the discretion of the City, in the
event the City suffers a loss of funding or termination of the federal funds which
permits it to fund this grant. In the event the City suffers such a loss of funding,
the City will give the Subrecipient as much written notice as possible which will set
forth the effective date of full or partial termination, or if a change in funding is
required, setting forth the change in funding and the changes in approved budget.
G. REVERSION OF ASSETS
1 . Proqram 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. AII 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 SubrecipienYs 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 Obiective Comqliance
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 io exercise any right based upon breach wili not constitute a waiver
of any rights under this Agreement.
2. Desiqnation of Officials
City designates the City Manager or the City Manager's designee as its
authorized representative with respect to the work to be performed under this
Agreement including, but not limited to, the ability to execute any changes in the
terms, conditions, or amounts specified in this Agreement .
The Board Chair of the Subrecipient or designee is the official authorized to
execute any changes in the terms, conditions or amounts specified in this
Agreement.
3. Code of Conduct
The City expects that Subrecipients and any subcontractors of Subrecipients to �
demonstrate courtesy, consideration and promptness in dealing with the public,
program participants, the City, and other governmental agencies.
4. Aqreement Coveraqe
This instrument along with any Exhibits and the grant application contain the
entire agreement between the parties. Any statements, inducements or promises
not contained will not be binding upon the parties. This Agreement will be binding
upon the successors in office of the respective parties.
5. Severabilitv
If any provision of this Agreement is held invalid, the remainder of the Agreement
shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
6. Notice to Proceed
The City will issue a Notice to Proceed to the Subrecipient to incur costs relative
to the program implementation.
7. Exhibits
All Exhibits are hereby incorporated into this Agreement.
8. Notices
14
Notices required by this Agreement shall be in writing and delivered via mail,
commercial courier, or personal delivery or sent by facsimile or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date
of delivery or sending. All notices and other written communications under this
Agreement shall be addressed to the individuals in the capacities indicated
below, unless otherwise modified by subsequent written notice.
City
Christopher Lester
Community Development Specialist
Housing & Community Dev. Dept
350 W. 6t" Street, Suite 312
Dubuque, IA 52001
Subrecipient
Leslie Shalabi
Convivium Urban Farmstead
2811 Jackson 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 0)1 day
of
CITY OF DUBUQUE, IOWA, Convivium, Subrecipient
350 W. 6t" Street 2811 Jackson Street
Dubuque, Iowa 52001 Dubuque, IA 52001
A /") t � 0, & 4-zg
Signature
Adrienne Breitfelder, City Clerk
Printed Name
Adrienne Breitfelder, City Clerk
�"y
Signature
Executive Director
PS�/� cS6`lGtlGt �/
Printed Name
Executive qector
dl,
Signatur
Roy D. Buol, Mayor
® 0� BLAC)l
Prin ed Name
Roy D. Buol, Mayor
15
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE
AND
DUBUQUE YMCA/YWCA
THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of
Dubuque (herein called the "City") and Dubuque YMCAMNCA (herein called the
"SubrecipienY'), 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 i,
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
housing and empowering residents who have suffered domestic violence to move
forward on a path free from domestic violence, 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. NationalObiectives
The Subrecipient will carry out the activities funded underthis 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. Prolect 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 $15,824.
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 April 5, 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 DevelopmenYs 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 SubrecipienYs 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 SubrecipienYs 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 shali 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 underthis Agreement shall be retained forfive (5)years afterfinal 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 t
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 SubrecipienYs 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. Reportinq 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 (15�h) day of July and a final performance report by July 315t, 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 SubrecipienYs 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 I
of this Agreement and may result in the withholding of future payments.
8. Pavment
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. Accountinq 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 alI
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. CoqVriqht
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 Housinq 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 Applicabilitv
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 VIII 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 SubrecipienYs 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 i
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. Assiqnabilitv I
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, orotherfinancial 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 priorwritten 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.Lobbvinq
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 j
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, Waterand 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 Adiustment
I1
Adjustment in the payment method or reduction of the grant to the Subrecipient
when there is noncompliance and the violation cited has not been remedied as
specified.
d. Reimbursement
Reimbursement by the Subrecipient with non-CDBG funds for CDBG funds which
have not been spent in accordance with this Agreement.
e. Termination
Termination of funds in whole or in part by the City if the Subrecipient materially
fails to comply with any term or condition of this Agreement or with any of the rules,
regulations or provisions referred to herein, or for cause as allowed in 2 CFR Part
200.339. In the event of termination of this award, in accordance with 2 CFR Part
200.340(c), the information required under the Federal Funding Accountability and
Transparency Act (FFATA) must be provided to the Federal Web site established
to fulfill the requirements of FFATA, and update or notification must be provided to
any other relevant governmentwide systems or entities of any indications of poor
performance as required by 41 U.S.C. 417b and 31 U.S.C. 3321 and implementing
guidance at 2 CFR Part 77. Additionally, the requirements for Suspension and
Debarment at 2 CFR Part 180 may apply.
f. Nonparticipation
Prohibition of the Subrecipient from future participation in the CDBG program if the
Subrecipient has not complied with the action administered by the City.
g. Termination for Convenience
This Agreement may be terminated in whole or in part by either party upon
providing the other party a written, ninety (90) day notice, in which case the City
and Subrecipient shall agree upon the termination conditions, including the
efFective date, the disposition of agreement amounts, and in the case of partial
termination the portion to be terminated. However, if, in the case of partial
termination, the City determines that the remaining portion of the award will not
accomplish the purposes for which the award was made, and the award is
terminated in its entirety, Subrecipient shall promptly repay to the City the full grant
amount or that portion of the amount which has been disbursed to Subrecipient
prior to such termination.
h. Termination due to Loss of Funds
12
This Agreement will terminate in full or in part, at the discretion of the City, in the
event the City suffers a loss of funding or termination of the federal funds which
permits it to fund this grant. In the event the City suffers such a loss of funding,
the City will give the Subrecipient as much written notice as possible which will set
forth the effective date of full or partial termination, or if a change in funding is
required, setting forth the change in funding and the changes in approved budget.
G. REVERSION OF ASSETS
1 . Proqram 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 SubrecipienYs 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 Obiective 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 Coverage
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. Severability
If any provision of this Agreement is held invalid, the remainder of the Agreement
shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
6. Notice to Proceed
The City will issue a Notice to Proceed to the Subrecipient to incur costs relative
to the program implementation.
7. Exhibits
All Exhibits are hereby incorporated into this Agreement.
8. Notices
14
Notices required by this Agreement shall be in writing and delivered via mail,
commercial courier, or personal delivery or sent by facsimile or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date
of delivery or sending. All notices and other written communications under this
Agreement shall be addressed to the individuals in the capacities indicated
below, unless otherwise modified by subsequent written notice.
City
Christopher Lester
Community Development Specialist
Housing & Community Dev. Dept
350 W. 6th Street, Suite 312
Dubuque, IA 52001
Subrecipient
Tony Calabrese
Dubuque YMCA/YWCA
35 N Booth St
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 AD6
CITY OF DUBUQUE, IOWA, Dubuque YMCA/YWCA, Subrecipient
350 W. 6th Street 35 N Booth Street
Dubuque, Iowa 52001 Dubuque, IA 52001
Signature Sign'
Adrienne Breitfelder, City Clerk Executive Director ®J
Printed Name
Adrienne Breitfelder, City Clerk
Printed N me
Executive ir(e�ctor
Signatur
Roy D. Buol, Mayor
Roy Dft BU01
Printed Name
Roy D. Buol, Mayor
15
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE
AND
FOUR OAKS FAMILY AND CHILDREN ' S SERVICES
THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of
Dubuque ( herein called the "City") and Four Oaks Family and Children 's Services
(herein called the "SubrecipienY') , 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 : i
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 affordable housing with intensive coordinated services to help
vulnerable individuals maintain stable housing and receive appropriate
supportive 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 . NationalOblectives
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 . Proiect 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 ,496 . 00 .
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 April 5 , 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
pertormance 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 SubrecipienYs 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
SubrecipienYs records pertaining to alI 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
fl 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 SubrecipienYs 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
4
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 ( 15�h) day of July and a final performance report by July 315� , 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 .
6 . Close-out
The SubrecipienYs obligation to the City shall not end until all close-out
requirements are completed .
7 . Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the City, its designees or the federal government , at
any time during normal business hours , as often as the City or federal
government deems necessary to audit, examine , and duplicate or make excerpts
or transcripts of all relevant data . Any deficiencies noted in audit reports must be
fully cleared by the Subrecipient within timeframe stipulated by the City. Failure
of the Subrecipient to comply with the above audit requirements will constitute a
violation of this Agreement and may result in the withholding of future payments .
8 . Payment
a . Maximum Amount and Drawdowns
It is expressly agreed and understood that the total amount to be paid by the City
under this Agreement shall not exceed the amount stipulated in Section 3 of this
Agreement. Drawdowns for the payment of eligible expenses are reimbursement
only and shall be made against the line-item budgets specified in Exhibit C herein
and in accordance with any City policy concerning payments . The entire amount
of allowable grant expenses (including those to be paid with program income)
shall be supported by source documentation (e . g . , invoices , time sheets ,
receipts , etc. ) and may not be dated prior to December 1 , 2020 .
D . UNIFORM ADMINISTRATIVE REQUIREMENTS
1 . Accountinq Standards
5
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.
3 . Copvriqht
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
6
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 Housinq 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
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 Applicabilitv
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 VIII 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 ;
7
- 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
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 SubrecipienYs 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 I
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
8
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 . Assiqnabilitv
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 . LobbVinq
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 ;
9
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 ;
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 . I
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.
10
- 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 (fl et seq . , and 21
U . S . C . 349) as amended ;
- 42 , U . S . C . 6901 et seq . , as amended .
17 . Flood Disaster Protection
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
11
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 Pavment
Withholding of funds by the City until the Subrecipient is found to be in
compliance by the City.
c . Grant Adiustment
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 pertormance 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
12
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
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 . Proqram 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 Property Reversion
Any real property under the SubrecipienYs 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 Oblective 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 Oblective Noncompliance
13
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 .
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
14
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. 'Exhibits
All Exhibits are hereby incorporated into this Agreement.
7. Notices
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. 6 th Street, Suite 312
Dubuque, IA 52001
cIester@cftyofdubugue.o[g
Subreciplent
Anne Gruenewald, Executive Director
Four Oaks Family and Children's
Services
5400 Kirkwood BLVD SW
Cedar Rapids IA 52404
agruenewald�lf—ouroaks.ora
8. 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 30Eh.
day of a o Z I -
CITY OF DUBUQUE, IOWA,
350 W. 6th Street
Dubuque, Iowa 52001
A -1, /P Z
%�( , A &4?9
Signature
Adrienne Breitfelder, City Clerk
SUBRECIPIENT
Four Oaks Family and Children's
Services
5400 Kirkwood BLVD SW
Cedar Rapids, IA 52404
Signature
Anne Gruenewald, Executive Director
15
AJriQ11ne
Printed Name
Adrienne Breitfelder, City Clerk
Signkur-f-
Roy D. iruol, Mayor
R® b, R%A 0
Prinfed Name
Roy D. Buol, Mayor
Printed Name
Executive Director
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 LML In order to meet the LMI Limited Clientele ci�teria, the activity must:
— Seive at least 51 percent LMI, as evidenced by documentation and data conceining
beneficiary family size and ineome;
— 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 doeumentation;
— 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 nattu•e 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, ofthe 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 8elow 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 >$66, 300
Family Size 5 : <$ 26, 850 <$44,800 <$ 71, 650 >$71, 650
Family Size 6 : <$ 28, 850 <$48, 100 <$ 76, 950 >$76,950
Family Size 7 : <$ 30, 850 <$51,400 <$ 82, 250 >$82, 250
Family Size 8 : <$ 32, 850 <$54, 750 <$87, 550 >$87, 550
Income limits for CDBG funded programs can be found on the HUD Exchange
https ://www . hudexchange . info/resource/5334/cdb �- income- limits/
Organizations required to verify income are encouraged to use the CPD Income Eligibility i
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 I
AND
OPENING DOORS
THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of
Dubuque (herein called the "City") and Opening Doors (herein called the "SubrecipienY'),
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 the permanent supportive housing for women and children
experiencing homelessness, 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. NationalObiectives
The Subrecipient will carry out the activities funded underthis Agreement that meet
the CDBG program's National Objective of:
� Assisting low and moderate-income persons, said income
�i�ideiir�es �ounci in Exhioii 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. Proiect 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 April 5, 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 DevelopmenYs 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 M
�
�
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 SubrecipienYs 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 SubrecipienYs 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; I
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
Subrecipieni shali reiai�i all recorus ior a period efi Tive (5) years. i he reiention
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 underthis Agreement shall be retained forfive (5)years afterfinal 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 SubrecipienYs 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. Reportinq 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 July and a final performance report by July 31 S�, 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 SubrecipienYs obligation to the City shall not end until aIl 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. Pavment
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 . Accountinq 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
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The Subrecipient shall have its own procurement policies and procedures. Said
polici�s shall meet ine requirerr�ents oi 2 CFR Par# 20G Subpart v rr�curerrien4
Standards. The Subrecipient shall follow Management Standards as modified by
24 CFR 570.502(b) (3) (vi), covering use and disposition of property.
3. Copvriqht
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
underthis 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 Housinq Replacement
6
The Subrecipient agrees to complywith (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 Apqlicabilitv
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 VIII 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; I
- 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 Civii 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 Rignis Ordinance, City of Gubuque Code ofi Grdinances, i iiie 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 SubrecipienYs 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
i
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. Assiqnabilitv
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.Lobbvinq
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 ihe award documenis for all suoawards ai ali tiers (including su�con4rac4s,
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 underthis 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. Warnin
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 Pavment
Withholding of funds by the City until the Subrecipient is found to be in compliance
by the City.
c. Grant Adiustment
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Adjustment in t"� payment ���ethcd cr reduction o� ihe grani ia ti�e Subrecipi�nt
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
eifective daie, 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 j
i
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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. Proqram 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 SubrecipienYs 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 Obiective Comqliance
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
Agreemeni or io ex�rcise ar�y riy�ii uaseiJ upon r�reaci� wiii nui co�siiiuie a waiver I
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
Housing & Community Dev. Dept
350 W. 6t� Street, Suite 312
Dubuque, IA 52001
Subrecipient
Carol Gebhart
Opening Doors
2100 Asbury Rd, Suite 8
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.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the &P day
of
Apr 1!
CITY OF DUBUQUE, IOWA,
350 W. 6t" Street
Dubuque, Iowa 52001
g' & V ",
Signature
Adrienne Breitfelder, City Clerk
Printed Name
Adrienne Breitfelder, City Clerk
2100 Asbury Rd, Suite 8
Dubuque, ]A 52001
Signature
Executive Director
ca-ro ( 6e� k
Printed Name
Executive Wrector
Sign6turer
Roy D. Buol, Mayor
®V b_ B(A®1
Printed Name
Roy D. Buol, Mayor
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