FY21 and FY22 Community Development Block Grant (CDBG) Approval of Agreements with Four Mounds FoundationCity of Dubuque
City Council Meeting
Consent Items # 17.
Copyrighted
May 17, 2021
ITEM TITLE: FY21 and FY22 Community Development Block Grant (CDBG)
Approval of Agreements with the Four Mounds Foundation
SUMMARY: City Manager recommending approval of the Community Development
Block Grant (CDBG) Agreements with Four Mounds Foundation for part
of the Leisure Services Four Mounds Adventure Day Camp Program.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Four Mounds CDBG Agreements-MVM Memo City Manager Memo
Staff memo Staff Memo
FY21 CDBG Agreement with Four Mounds Supporting Documentation
FY22 CDBG Agreement with Four Mounds Supporting Documentation
Dubuque
THE CITY OF
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: FY21 and FY22 Community Development Block Grant (CDBG) Approval
of Agreements with the Four Mounds Foundation
DATE: May 12, 2021
Leisure Services Manager Marie Ware recommends City Council approval of the
Community Development Block Grant (CDBG) Agreements with Four Mounds
Foundation for part of the Leisure Services Four Mounds Adventure Day Camp
Program.
Leisure Services Department partners with the Four Mounds Foundation to provide
several weeklong summer Adventure Day Camps. The adopted Fiscal Year 2021 and
2022 City CDBG operating budget provides for the payment of up to $39,258 per year
for Four Mounds Adventure Day Camp program. This partnership provides equitable
access to outdoor recreational and educational summer programs for low- or moderate -
income children delivered by Four Mounds staff.
Due to the COVID-19 pandemic, this program was cancelled for the summer of 2020.
As a result, the traditional purchase of service agreement was not requested in early
FY21. With the 2021 summer approaching, staff is planning to offer several Adventure
Day Camps. Preparations for the camps begin this month with camps starting in June.
To cover any end of FY21 operating costs, the FY21 agreement includes partial funding
not to exceed $19,000 to cover operating costs for the first month of the program. The
FY22 agreement will then cover all FY22 operating expenses from July 1, 2021 to
June 30, 2022.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic aeI C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Marie L. Ware, Leisure Services Manager
Dubuque
THE CITY OF
DUB E1.
A11-Americz City
jIF
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Masterpiece on the Mississippi
2007.2012�2013
2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: FY21 and FY22 Community Development Block Grant (CDBG) Approval
of Agreements with the Four Mounds Foundation
DATE: May 11, 2021
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the Community
Development Block Grant (CDBG) Agreements with Four Mounds Foundation for part of
the Leisure Services Four Mounds Adventure Day Camp Program.
DISCUSSION
Leisure Services Department partners with the Four Mounds Foundation to provide
several weeklong summer Adventure Day Camps. The adopted Fiscal Year 2021 and
2022 City Community Development Block Grant (CDBG) operating budget provides for
the payment of up to $39,258 per year for Four Mounds Adventure Day Camp program.
This partnership provides equitable access to outdoor recreational and educational
summer programs for low- or moderate -income children delivered by Four Mounds staff.
Due to the COVID-19 pandemic, this program was cancelled for the summer of 2020.
As a result, the traditional purchase of service agreement was not requested in early
FY21. With the 2021 summer approaching, staff is planning to offer several Adventure
Day Camps. Preparations for the camps begin this month with camps starting in June.
To cover any end of FY21 operating costs, the FY21 agreement includes partial funding
not to exceed $19,000 to cover operating costs for the first month of the program. The
attached FY22 agreement will then cover all FY22 operating expenses from July 1,
2021 to June 30, 2022.
RECOMMENDATION
I respectfully recommend City Council approve of the attached Community
Development Block Grant (CDBG) Agreements for FY 21 and FY 22 with the Four
Mounds Foundation and authorize the Mayor to execute the contract on behalf of the
City.
Attachment- agreements
cc Dan Kroger, Recreation Division Manager
Alexis Steger, Housing and Community Development Director
CDBG Contract
CITY OF DUBUQUE, IOWA
AND
FOUR MOUNDS FOUNDATION
FY 2021 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Agreement
THIS AGREEMENT, executed on the 17th day of May, 2021 is entered by and between
the City of Dubuque, Iowa, a municipal corporation organized and existing under the laws
of the State of Iowa (Recipient) and Four Mounds Foundation with its principal place of
business in Dubuque, Iowa (Subrecipient).
Whereas, Recipient is a participating city in the Community Development Block
Grant (CDBG) Program of the United States Department of Housing and Urban
Development; and
Whereas, Recipient wishes to engage Subrecipient to assist Recipient in providing
services to a presumed low -and moderate- income population.
NOW THEREFORE, in consideration of the premises and respective covenants,
agreements and representations hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES:
a. Subrecipient shall:
Provide the services to eligible residents of the City of Dubuque in a
manner satisfactory to Recipient and consistent with any standards
required as a condition of providing these funds. Such program shall
include the following activities eligible under the Community
Development Block Grant Program: Operating costs for a summer
day camp program for low/moderate income youth. In this regard for
the term of this agreement it shall-
1 . Provide activities like challenge ropes course, canoeing,
ecosystem adventures, swimming, creek -stomping, hiking,
games and arts and crafts.
2. Provide team building activities.
ii. In the event of a conflict between Subrecipient's proposals and the
provisions hereto attached, that provision which in the judgment of
Recipient provides the greatest benefit to Recipient shall prevail.
Failure of Subrecipient to provide any of the services proposed shall
be deemed a material breach of this Agreement.
iii. Support the City's efforts to be a viable, livable, and equitable
community, and to advance equity and inclusion. The City will
provide opportunities to demonstrate this support by inviting the
CDBG Contract
Executive Director of the Agency and any employees working on
services covered by this agreement to participate in the following
professional development opportunities and supporting activities:
1. The opportunity to be active and engaged participants in
Inclusive Dubuque peer learning opportunities and strategic
efforts, Exhibit A;
2. The opportunity to attend intercultural and equity workshops
offered by the City, including workshops that focus on
developing an intercultural team with a strategic plan for
advancing equity and inclusion within the Agency and through
the Agency's work;
3. Assistance in creating semi-annual status reports that
demonstrate the ways in which the Agency's efforts are
advancing equity and inclusion; and
4. Access to the City's equity toolkit.
iv. Comply with City Council goals and priorities are attached hereto as
Exhibit B.
II. City Responsibilities
City designates the City Manager, or the City Manager's designee, to act
as its representative with respect to the work to be performed under this
Agreement, and such person shall have authority to transmit instructions,
receive information, interpret and define City's policies and provide
decisions in a timely manner pertinent to the work covered by this
Agreement until Agency has been advised in writing by City that such
authority has been revoked.
III. National Objective
Subrecipient certifies and maintains documentation that the activities
carried out with funds provided under this Agreement will meet the CDBG
program's National Objectives as stated:
570.208(a)(2) Activities benefiting low and moderate -income
persons; Benefit to a clientele (elderly persons) who are generally
presumed to be principally low -moderate income persons; and
requires reporting information on ethnic origin, elderly status, and
female head of household status for participants served.
IV. Project Budget
The total compensation to be paid to Subrecipient by Recipient for the
services shall in no event exceed the sum of $19,000 for the program.
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CDBG Contract
Any indirect costs charged must be consistent with the conditions of Section
II (C) (3) of the attached Exhibit C, Standard Requirements. In addition,
Recipient may require a more detailed budget breakdown, and Subrecipient
shall provide such supplementary budget information in a timely fashion in
the form and content prescribed by Recipient. The Recipient and
Subrecipient must approve any amendments to this Agreement in writing.
V. Dates of Commencement and Completion
The services to be provided under this Agreement shall be commenced on
May 18, 2021 and shall be completed not later than June 30, 2021.
Recipient's right to enforce the terms of this Agreement shall be extended
to cover any additional time during which Subrecipient remains in control of
CDBG funds or other assets including program income.
VI. Agreement Documents and Provisions
Subrecipient shall perform or arrange for the provision of services under this
Agreement in the manner and time provided herein and in accordance with
the Community Development Block Grant Program, including the Income
Guidelines in Exhibit D and Standard Contract Requirements in Exhibit C
herein attached and a part of this agreement.
VII. Payment
a. It is expressly agreed and understood that the total amount to be paid
by Recipient to Subrecipient under this Agreement shall not exceed
the amount stated in Section IV of this Agreement. Such amount
shall constitute compensation for establishment of a Microenterprise.
Such amount shall be paid upon written request on the Request for
Payment form, with proof satisfactory to the recipient of expenses.
Drawdowns for payment of eligible expenses are reimbursement
only.
b. Payment shall be supported by documentation provided by
Subrecipient of costs incurred for services provided pursuant to this
Agreement.
c. Payments are contingent upon certification of Subrecipient's
financial management system in accordance with the standards
specified in 2 CFR 200, the provisions of which are available in the
office of Recipient.
VIII. Reporting and Monitoring.
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CDBG Contract
IX.
X
Subrecipient shall render to Recipient an annual written report detailing its
activities and individuals served. Annual report will be due July 15tn
Subrecipient shall be subject to at least one site visit by personnel of
Recipient, or a designee of Recipient or duly authorized federal officials, for
monitoring Subrecipient's delivery of services and compliance with terms of
the agreement and federal standards that pertain to federally funded grant
activities. Income verification of the participants as provided on the
Participant Report, if applicable, shall be provided for review at the time of
monitoring. Review may include accounting books and records for financial
management and documentation of program costs. The reviewers shall
have access to and the right to examine, audit, excerpt and /or transcribe
any of Subrecipient's records pertaining to all matters covered by this
Agreement. Subrecipient shall be subject to subsequent site visits to review
correction of any deficiencies in compliance.
Recipient shall monitor the performance of Subrecipient against goals and
performance standards required herein. Substandard performance as
determined by Recipient shall constitute noncompliance with this
agreement. If action to correct such substandard performance is not taken
by Subrecipient within a reasonable period after being notified by Recipient,
contract suspension or termination procedures shall be initiated.
Termination of Agreement
This Agreement may be terminated by either party by giving the other party
a written, ninety (90) day notice of such termination or upon such other
terms as may be mutually agreeable.
If, through any cause, Agency shall fail to fulfill in a timely and proper
manner its obligations under this Agreement or if Agency shall violate any
of the covenants, agreements, or stipulations of this Agreement, City shall
have the right to terminate this Agreement by giving written notice to Agency
of such termination not less than five (5) days before the effective date of
such termination.
Notices
Communication and details concerning this Agreement shall be directed to
the following agreement representatives:
Recipient
Dan Kroger
Recreation Division Manager
Leisure Services Department
2200 Bunker Hill Rd.
Dubuque, Iowa 52001
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Subrecipient
Jill Courtney
Executive Director
Four Mounds Foundation
4900 Peru Rd.
Dubuque, Iowa 52001
CDBG Contract
XI. Assignability
Agency shall not assign this Agreement or any interest in this Agreement
without prior written approval of City.
XlIndemnity. Subrecipient agrees to save, defend, indemnify and hold
harmless City, its officers, agents and employees, against any and all loss,
damage, claims, causes of action, judgments, costs and expenses that City
may hereafter suffer, incur, be put to, pay or lay out by reason of the
performance or lack of performance by Subrecipient and/or its agents and
employees of the conditions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this contract with the referenced
attachment Exhibit A, 8, C, and D as of the date first written above,
Witness,
City of Dubyque, Iowa
Adrienne Roy D. 61, Mayor
Trish City Clerk
Four Mounds Foundation
h
A 1 -1 A j)
Jill Oourtney, Executive Director
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CDBG Contract
List of Exhibits
Exhibit A Inclusive Dubuque
Exhibit B City Council Goals and Priorities
Exhibit C Standard Requirements Community Development Block Grant
(CDBG) Agreements
Exhibit D City of Dubuque Income Guidelines for Financial Assistance
EXHIBIT A
INCLUSIVE dubuque
Connecting People • 5trengthening Community
Inclusive Dubuque
A local network of community leaders from faith, labor, education and government
organizations dedicated to advancing justice and social equity in our community.
-1-
What is Inclusive Dubuque?
Inclusive Dubuque is a peer -learning network of partners
committed to creating an informed, equitable and inclusive
community where all people are respected, valued and
engaged. The network is comprised of more than 50
organizations across sectors including faith, government,
nonprofit, business, education and more. To see a complete
listing of organizations, visit www.inclusivedbq.org.
The Inclusive Dubuque network works collaboratively to eliminate bias in our
community. While this goal would be difficult for a single organization or
individual to achieve, each network member can contribute to an
effective outcome by:
providing data and information to inform decisions
• supporting equity education opportunities
• creating and sharing equity tools
These goals are accomplished by supporting partner -led sector groups and peer -learning opportunities.
Sector Groups
Community and network members lead these groups to address bias within the seven focus areas of the equity profile.
Sector groups are supported by a data team and guided by the expertise and lived experience of their members; data to
learn and track their progress; and the use of a raciallsocial equity lens to help guide decision -making.
Peer -Learning
Inclusive Dubuque offers peer -learning opportunities — including education, training and resources — to network partners
to improve personal and organizational understanding of all types of bias and promote racial and social equity.
Early Warning Community Mobilization CVB integrates
Business leaders and Planning @ cultural competency My Brother's Keeper
identify opportunity Chamber Diversity Summit into training modules initiative forms
Gathering of Implementation City joins Government Race and Equity
Partners Inclusive Dubuque Alliance on Race 6 Equity Training through
Launched (DARE) GARE
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I'm a Dubuquer Campaign
Winner of a 2017-18 Dubuque Silver ADDY Award and a 2018
Dubuque 365 Community Impact Award, the "I'm a Dubuquer"
campaign was part of a local partnership between the Network and
the Telegraph Herald to redefine a term deeply embedded in the
Dubuque community from something used to draw a line between
insiders and outsiders into one that welcomes all who call
Dubuque home.
Learn more about the campaign at www.imadubuquer.com.
Best Practices
Last year, the Network launched `Best Practices in Diversity, Equity
and Inclusion," a nine -month, peer -learning work -shop series.
Organized by the network's Peer -Learning Council (PLC), the series
gives participants the opportunity to learn about and engage in best
practices for diversity, equity and inclusion. Sessions took place on a
monthly basis and cover such topics as leading organizations
through change, meeting organizational goals, communication, and
recruitment strategies. The series will wrap up in June with
presentations by participants demonstrating how they will apply the
skills they have learned to support their organizations' equity and
inclusion goals.
Sector groups learn
Community Equity July: NICC expands minority outreach Results -Based Restorative Strategies June: I'm a Dubuquer
Profile begins Aug: GDDC Implements Entrepreneur Strategy Accountability peer -learning session Oct: Best Practices begins
Network workshop Sept: Chamber launches Minority Business Council Develop Racial Best Practices
with author Oct: Community Equity Profile complete Equity Toolklt (continued)
Madeleine Taylor Nov: Sector groups form around Equity Profile priorities
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The Network at Work
Network and community members have joined
partner -led working groups to address new
challenges and bring the racial/social equity lens to
existing programs and efforts in education, arts and
culture and our neighborhoods. These groups work
to identify priorities, measurable indicators and
partners and programs that can be engaged to
affect change.
Sector groups are utilizing a process called Results -Based Accountability in an effort to better understand how we can track
our progress. Since December 2015, more than 90 people have joined sector groups and that number continues to grow as
members identify voices missing from the conversation.
In addition to participating in sector groups and Best Practices, network partners are already taking steps in their own
organization. These network -owned actions help contribute to creating an equitable and inclusive community where all
people feel respected, valued and engaged. Here are just a few of the ways our "network is at work":
• Economic Wellbeing: Northeast Iowa Community
College and Greater Dubuque Development Corporation
have implemented an outreach strategy to engage
minority community members in Opportunity Dubuque.
• Business. The Dubuque Chamber of Commerce has
created a Minority Business Council with a mission to
guide minority and under -represented business owners
toward local resources.
• Education: The Dubuque Community School District is
disaggregating data regarding Grade -Level Reading,
attendance and graduation rates to help improve out-
comes for all students.
• Higher Education: Loras College has implemented
cultural competency training as part of the Honors
Student Program curriculum.
• Government: The City of Dubuque has joined the
Government Alliance on Race and Equity and is
implementing a racial equity toolkit.
• Health: Mercy Medical Center, Crescent Community
Health Center, University of Dubuque, Dubuque's
Human Rights Department, and others are increasing
healthcare access for the Marshallese population
through a community health program that helps remove
barriers to care.
TO LEARN MORE AND FIND OUT HOW YOU CAN GET INVOLVED, VISIT WWW.INCLUSIVEDBQ.ORG
INCLUSIVE dubuque
Connecting People • Strengthening Community
Inclusive Dubuque is facilitated by the Community Foundation of Greater Dubuque.
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EXHIBIT B
THE CITY OF Dubuque CONTACTS:
DT TR Au-NaHne" Mayor Roy D. Buol ���,
LJ L E 563.564-5455, rdbuo1Qdtvofdubuoue.ora
zoo�•zoia•ao13
Masterpiece on the Mississippi 2017*2019
NEWS RELEASE
Aug. 15, 2019 — FOR IMMEDIATE RELEASE
City Council Completes Annual Goal -Setting Sessions
DUBUQUE, Iowa — The Dubuque City Council completed its annual goal -setting sessions on
Wednesday, Aug. 14. Over the course of three evening sessions, City Council members
reaffirmed the 15-year vision statement and mission statement and identified eight five-year goals
for the city. They also identified top and high priorities for a 2019-2021 policy agenda as well as a
management agenda for projects and initiatives planned for 2019-2021.
The 2034 Dubuque Vision Statement
Dubuque 2034 is a sustainable and resilient city and an inclusive and equitable community.
Dubuque 2034 has preserved our Masterpiece on the Mississippi, has a strong diverse economy
and expanding connectivity. Our residents experience healthy living and active lifestyles; have
choices of quality, livable neighborhoods; have an abundance of fun things to do; and are engaged
in the community.
Mission Statement
Dubuque city government is progressive and financially sound with residents receiving value for
their tax dollars and achieving goals through partnerships. Dubuque city government's mission is
to deliver excellent municipal services that support urban living; contribute to an equitable,
sustainable city; plan for the community's future; and facilitate access to critical human services.
City of Dubuque Goals 2024
• Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity
• Vibrant Community: Healthy and Safe
• Livable Neighborhoods and Housing: Great Place to Live
• Financially Responsible, High -Performance City Organization: Sustainable, Equitable, and
Effective Service Delivery
• Sustainable Environment: Preserving and Enhancing Natural Resources
• Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and
Equitable
• Diverse Arts, Culture, Parks, and Recreation Experiences and Activities
• Connected Community: Equitable Transportation, Technology Infrastructure, and Mobility
Policy Agenda
Policy agenda items are issues that need direction or a policy decision by the City Council, or need
a major funding decision by the City Council, or issues that need City Council leadership in the
community or with other governmental bodies. The policy agenda is divided into top priorities and
high priorities.
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2019 — 2021 Top Priorities (in alphabetical order):
• Dream Center: Facilities & Programs
• Emerald Ash Borer Program
• Human Resources Policies & Handbook Revision
• Imagine Dubuque: Implementation
• Major Street Improvement Plan: Project Priority & Funding
• Parking Ramp Maintenance: Funding
2019 — 2021 High Priorities (in alphabetical order):
• Brain Health Strategy & Action Plan
• Debt Reduction Plan: Re -Affirmation
• Fountain of Youth: Funding
• Four Mounds/HEART Program: Funding
• Street Maintenance Program: Increased Funding
• Transit Vehicle Replacement Funding
Management Agenda
Management agenda items are issues for which the City Council has set the overall direction and
provided initial funding, may require further City Council action or funding, or are major
management projects that may take multiple years to implement. The management agenda is
divided into top priorities and high priorities.
2019 — 2021 Management Agenda Top Priorities (in alphabetical order):
• Bee Branch Creek Projects: Next Steps
• CHANGE Program: True North Housing Initiative & Bee Branch Healthy Homes Resiliency
Program
• Equitable Poverty Prevention: Action Plan
• Industrial Park Development
• Leisure Services Facilities Deferred Maintenance Assessment
• Multi -Tiered Housing Inspection Program
• Park Development Projects for Non-TIF(Tax-Increment Financing), Donated Park Sites:
Funding
• Traffic Signal Synch ron ization/STR E ETS (Smart Traffic Routing with Efficient and Effective
Traffic Signals): Funding
2019 — 2021 Management Agenda High Priorities (in alphabetical order):
• Citywide Departmental Work Order System Implementation
• Dubuque Riverfront Master Plan (Corps of Engineers)
• Innovation & Entrepreneurial Strategy
• School Resource Officer: Implementation
• Southwest Arterial Business Development
• Water & Resource Recovery Center: Nutrient Trading
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?019
:.ity Council
goals & Priorities
City of Dubuque
Goals 2024
Robust Local Economy: Diverse Businesses and Jobs with
Economic Prosperity
Vibrant Community: Healthy & Safe
Livable Neighborhoods & Housing: Great Place to Live
Financially Responsible, High -Performance City Organization:
Sustainable, Equitable, and Effective Service Delivery
THE CITY OG
DUB E
Masterpiece on the Mississippi
Sustainable Environment: Preserving and Enhancing
Natural Resources
Partnership for a Better Dubuque: Building Our Community
s that is Viable, Livable, and Equitable
• Diverse Arts, Culture, Parks, and Recreation Experiences
and Activities
♦ Connected Community: Equitable Transportation,
Technology Infrastructure, and Mobility
Policy Agenda items are issues that need direction or a policy decision by the City
FE01 9-2021 Council, or need a major funding decision by the City Council, or issues that need City
AGENDA Council leadership in the community or with other governmental bodies. The policy
agenda is divided into top priorities and high priorities.
TOP PRIORITIES (in alphabetical order) HIGH PRIORITIES (in alphabetical order)
• Dream Center: Facilities & Programs • Brain Health Strategy & Action Plan
• Emerald Ash Borer Program • Debt Reduction Plan: Re -Affirmation
• Human Resources Policies & Handbook Revision • Fountain of Youth: Funding
• Imagine Dubuque: Implementation • Four Mounds/HEART Program: Funding
• Major Street Improvement Plan: Project Priority & Funding • Street Maintenance Program: Increased Funding
• Parking Ramp Maintenance: Funding • Transit Vehicle Replacement Funding
Management agenda items are issues for which the City Council has set the overall
• direction and provided initial funding, may require further City Council action
MANAGEMENTAGENDA or funding, or are major management projects that may take multiple years to
implement. The management agenda is divided into top priorities and high priorities.
TOP PRIORITIES (in alphabetical order) HIGH PRIORITIES (in alphabetical order)
• Bee Branch Creek Projects: Next Steps • Dubuque Riverfront Master Plan (Carps of Engineers)
• CHANGE Program: True North Housing Initiative & Bee Branch • Citywide Departmental Work order System
Healthy Homes Resiliency Program Implementation
• Equitable Poverty Prevention: Action Plan • Innovation & Entrepreneurial Strategy
• Industrial Park Development • School Resource Officer: Implementation
• Leisure Services Facilities Deferred Maintenance Assessment • Southwest Arterial Business Development
• Multi-Tered Housing Inspection Program • Water & Resource Recovery Center: Nutrient Trading
• Park Development Projects for Non-TI F(Tax- Increment
Financing), Donated Park Sites
• Traffic Signal Synchronization/STREETS
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MANAGEMENT Items that are underway and budgeted. Staff is
implementing and providing updates to City Council.
Projects that are underway and budgeted. Staff is
implementing and providing updates to City Council.
Management in Progress
• Business Development at the Airport: University of Brownfield Grants
Dubuque • FAA Supplemental Funding
• GDDC Retail Attraction Strategy • Air Charters to Leisure Destinations
• Downtown Housing Creation Strategy
• Riverfront Lease Sites Major Projects
• Federal Opportunity Zones • Demarcation Point Relocation [Phone Line Termination Point]
• Old Air Terminal Demolition
Vibrant Community: Healthy & safe
• Police Reaccreditation
• Humane Society Contract Renewal
• WRRC: Certification of Environmental
• CAD Connection to City Cameras Network
• Traffic Camera System
• School Safety and Security Plan and Protocols
• Dispatcher Training Program
• Communication National Quality Assurance
• Healthcare for Residents from Pacific Islands
• Smart 911 Personal and Building Profile Marketing
• Quick Response Pumper
• Police Officer Recruitment & Retention
• P25 Radio System Building & Implementation
• Panic Button for City Facifities
• Ambulance Staffing Alternatives
• Police Department Transition to New Caliber Weapons
Major Projects
• Crescent Community Health Center: Clinic Construction
• Fire Headquarters and Stations ADA Compliance
• Fire Stations HVAC and Lighting Improvements
• Multicultural Family Center Construction
-8-
Management in Progress
• Third St. Data Center
• ADA Compliance Transition
• Aerial Photography & Control Monumentation
• Cartegraph OMS System Asset Management
Expansion
• Certified Financial Report Software Conversion
• City Website: Redesign
• Community Resident Survey and Actions
• Diverse Applicants Recruitment Strategy
• Financial Management Software: Study & Draft RFP
• Health Benefits Consulting and Actuarial Services
• High Performing Organ ization/0utcome-driven
Decision -making Strategy
• • - •
Management in Progress
• Community Climate Action & Resiliency Plan
+ Flood Control System: Corps of Engineers Project Approval
• FOG (Fats, Oils, & Greases) Program
• Glass Collection Drop-off Programs
• Growing Sustainable Communities Conference
• Lead & Copper Rule Compliance Water Sampling & Testing
• Public Education on Bikeable/Walkable Dubuque
• Sanitary Sewer System Condition Assessment
• Sewer Infrastructure Asset Management Plan
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• Indirect Rate for Grants
• Internal Liquor License Approval Process
• InVision Facility Management Software
• I -Net Connection for Remote Site
• Liquor License Process
• New Employee and Promoted Employee Orientation and
Support Program
• Paperless Accounts Payable Workflow Development &
Implementation
• Workers Compensation Claims Management
Major Projects
• City Hall Sidewalks Heating System
• City Hall Annex Windows Replacement
ihancing Natural Resources
Major Projects
• 17th St./W. Locust St. HUD Resiliency Storm Sewer
Improvement Project
• 22nd St./Kaufman Ave. HUD Resiliency Storm Sewer
Improvement Project
• Bee Branch Culvert Project Under Railroad
• Bee Branch Gates/Pump Station
• Cell 9 Landfill Project: Phase 4
• Fire Hydrants Installation [former Vernon Water System]
• Pressure Reducing Valve Implementation
• Sanitary Forcemain/Riverbank Stabilization Project (US
Corps of Engineers)
• SCADA Overhaul: Water
• Roosevelt Street Water Tower Project
• Vernon Well Abandonment
• WRRC Outfall Manhole Reconstruction
• Water Tank Inspection Program & Maintenance
• Water Lines Extension — SW Arterial
■ West 3rd St. Generator
management in progress and major projects: continued
Management in Progress
■ 2020 Census Complete Count
■ Campaign for Grade Level Reading: Community Solution Action Plan
■ City Racial Equity Toolkit: Results -based Accountability
■ Civic Action Plan & Civic Leaders Program
■ Equity Training for City Staff
■ My Brother's Keeper
■ Welcoming & Connecting with New Residents Program (GDDC)
Management in Progress
• All Community Reads Event
• Americorps
• Changing Lives Through Literature Program
• EB Lyons Center Partnership Development
• Library Marketing Campaign
• Pollinator Habitat in Park System
Management in Progress
• Bunker Hill Golf Course Irrigation
• Comiskey Park Renovation
• Eagle Point Park Environmental Restoration
Project
• English Ridge & Eagle Valley Subdivision Parks
• Grand River Center: Upgrade Projects
• Miracle League Complex
• Veterans Pond: Dedication
• w Equitable
•• •Technology and Mobility
Management in Progress
Major Projects
• ADA Pads for Bus Stops
• Chavanelle Road Hike/Bike Trail
• BUILD Grant & Other Grants
• Chavenelle Road Rehabilitation
• Bus Routes: Update Maps
Four-laning Southwest Arterial(US52)
• Comprehensive Pavement Preservation Plan
• Highway 52 Repaving
• Downtown Parking Ordinance
North Cascade Rd. Reconstruction (to Timber Hyrst
• Ramps Structural Analysis
Subdivision) & Water Main Extension
• Smart Tool for Integrated Parking Platform
• Northwest Arterial Upgrade (IDOT)
• Smart Technology for Transportation Data
• Parking Lot Re -striping
Collection
• Roundabouts
• Transportation Customer App
• Washington Street Improvements (7th to 9th)
• WiFi in Fixed Routes
• WiFi in Intermodal & Intermodal Lobby
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EXHIBIT C
STANDARD REQUIREMENTS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS
TABLE OF CONTENTS
GENERAL
CONDITIONS...................................................................................... .
..................1
A.
General Compliance...................................................................................1
B.
Independent Contractor..............................................................................1
C.
Hold Harmless............................................................................................1
D.
Workers' Compensation.............................................................................1
E.
Insurance and Bonding...............................................................................1
F.
Grantor Recognition...................................................................................1
G.
Amendments..............................................................................................1
H.
Suspension or Termination.........................................................................2
II. ADMINISTRATIVE
REQUIREMENTS.................................................................................
........2
A. Financial Management............................................................................... 2
1. Accounting Standards........................................................................2
2. Cost Principles...................................................................................2
B. Documentation and Recordkeeping...........................................................2
1. Records to be Maintained..................................................................2
2. Retention...........................................................................................2
3. Client Data........................................................................................3
4. Disclosure..........................................................................................3
5. Closeouts...........................................................................................3
6. Audits and Inspections.......................................................................3
C. Reporting and Payment Procedures...........................................................3
1. Program Income................................................................................ 3
2. Payment Procedures......................................................................... 3
3. Indirect Costs.....................................................................................4
4. Progress Reports...............................................................................4
D. Procurement...............................................................................................4
1. Compliance........................................................................................4
2. Procurement Standards.....................................................................4
3. Travel.................................................................................................4
E. Use and Reversion of Assets
III. RELOCATION, PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING
REPLACEMENT.............4
IV. PERSONNEL AND PARTICIPANT
CONDITIONS.........................................................................4
A. Civil Rights..................................................................................................4
1. Compliance........................................................................................4
2. Nondiscrimination..............................................................................5
3. Land Covenants.................................................................................5
4. Section 504.......................................................................................5
B. Affirmative Action........................................................................................5
1. Approved Plan................................................................................... 5
2. Women -Minority Businesses (W/MBE)..............................................5
3. Access to Records.............................................................................6
4. Notifications....................................................................................... 6
5. Equal Employment Opportunity and Affirmative Action (EEO/AA)
Statement.......................................................................................... 6
6.
Subcontract Provisions......................................................................6
C. Employment Restrictions............................................................................6
1.
Prohibited Activity.............................................................................. 6
2.
Labor Standards................................................................................ 6
3.
"Section 3" Clause............................................................................. 7
a. Compliance...............................................................................7
b. Notifications.............................................................................. 7
C. Subcontracts.............................................................................8
D. Conduct...................................................................................................... 8
1.
Assignability.......................................................................................8
2.
Hatch Act........................................................................................... 8
3.
Conflict of Interest..............................................................................8
4.
Subcontracts......................................................................................8
a. Approvals..................................................................................8
b. Monitoring.................................................................................8
Content..................................................................................... 8
d. Selection Process..................................................................... 8
5.
Lobbying............................................................................................ 9
6.
Copyright........................................................................................... 9
7
Faith Based Organization.................................................................. 9
V. ENVIRONMENTAL
CONDITIONS...................................................................................9
VI.
A. Air and Water.............................................................................................. 9
B. Flood Disaster Protection...........................................................................9
C. Lead Based Paint.....................................................................................10
D. Historic reservation
............................................................................................10
SEVERABILITY....................................................................................
......................10
VII SECTION HEADINGS AND
SUBHEADS.........................................................................10
VIII
WAIVER............................................................................................... .
....................10
IX ENTIRE
AGREEMENT................................................................................................1
0
STANDARD REQUIREMENTS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS
I. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 Code
of Federal Regulations, Part 570 of the Housing and Urban Development
regulations concerning Community Development Block Grants (CDBG)
including subpart K of these regulations, except that (1) the Subrecipient
does not assume the recipient's environmental responsibilities described in
24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's
responsibility for initiating the review process under the provisions of 24
CFR Part 52. The Subrecipient further agrees to utilize funds available
under this Agreement to supplement rather than supplant funds otherwise
available. The Subrecipient agrees to comply with all applicable federal,
state and local laws and regulations governing the funds provided under
this contract.
B. Independent Contractor
Nothing contained in this Agreement is intended to, or shall be construed in
any manner, as creating or establishing the relationship of
employer/employee between the parties. The Subrecipient shall always
remain an independent contractor with respect to the services to be
performed under this Agreement. The Recipient shall be exempt from
payment of all Unemployment Compensation, FICA, retirement, life and/or
medical insurance and Workers' Compensation Insurance as the
Subrecipient is an independent contractor.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Recipient
from all claims, actions, suits, charges and judgments whatsoever that arise
out of the Subrecipient's performance or nonperformance of the services or
subject matter called for in this Agreement.
D. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage
for all employees involved in the performance of this contract.
E. Insurance and Bonding
The Subrecipient shall maintain insurance to the extent and against such
hazards and liabilities as are in keeping with the current insurance program
of Recipient.
The Subrecipient shall comply with the bonding and insurance
requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance.
F. Grantor Recognition
The Subrecipient shall insure recognition of the role of the Recipient in
providing services through the agreement. All activities, facilities and items
utilized pursuant to this contract shall be prominently labeled as to funding
source. In addition, the Subrecipient will include a reference to the support
provided herein in all publications made possible with funds available under
this contract.
G. Amendments
Recipient or subrecipient may amend this Agreement at any time provided
that such amendments make specific reference to this Agreement, and are
executed in writing, signed by a duly authorized representative of both
organizations and approved by the Recipient's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release
Recipient or Subrecipient from its obligations under this Agreement.
Recipient may, in its discretion, amend this Agreement to conform with
federal, state or local governmental guidelines, policies and available
funding amounts, or for other reasons. If such amendments result in a
change in the funding, the scope of services, or schedule of, the activities
to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both Recipient and
Subrecipient.
H. Suspension or Termination
In accordance with 24 CFR 85.43, the Recipient may suspend or terminate
this Agreement if the Subrecipient materially fails to comply with any terms
of this Agreement, which include (but are not limited to) the following: 1)
Failure to comply with any of the rules, regulations or provisions referred to
herein, or such statutes, regulations, executive orders, and HUD guidelines,
policies or directives as may become applicable at any time; 2) Failure, for
any reason, of the Subrecipient to fulfill in a timely and proper manner its
obligations under this Agreement; 3) Ineffective or improper use of funds
provided under this Agreement; or 4) Submission by the Subrecipient to the
Recipient reports that are incorrect or incomplete in any material respect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated
for convenience by either the Recipient or the Subrecipient, in whole or in
part, by setting forth the reasons for such termination, the effective date, and,
in the case of partial termination, the portion to be terminated. However, if in
the case of a partial termination, the Recipient determines that the remaining
portion of the award will not accomplish the purpose for which the award was
made, the Recipient may terminate the award in its entirety.
II. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 2 CFR 200.49 or 200.419 as
applicable and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with 2
CFR 200 Subpart E Cost Principles. These principles shall be applied
for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the federal
regulations specified in 24 CFR Part 570.506 that are pertinent to the
activities to be funded under this Agreement. Such records shall
include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one
of the National Objectives of the CDBG program'
C. Records required determining the eligibility of activities;
d. Records required to document the acquisition, improvement,
use or disposition of real property acquired or improved with
CDBG assistance,
e. Records documenting compliance with the fair housing and
equal opportunity components of the CDBG program, and
f. Financial records as required by 24 CFR Part 570.502, and 2
CFR 200.333-337: and
g. Other records necessary to document compliance with Subpart
K of 24 CFR 570.
2. Retention
The Subrecipient shall retain all financial records, supporting
documents, statistical records, and all other records pertinent to the
Agreement for a period of four (4) years. The retention period begins
on the date of the submission of the Recipient's annual performance
and evaluation report to HUD in which the activities assisted under the
Agreement are reported on for the final time. Notwithstanding the
above, if there is litigation, claims, audits, negotiations or other actions
that involve any of the records cited and that have started before the
expiration of the four (4) year period, then such records must be
retained until completion of the actions and resolution of all issues, or
the expiration of the four (4) year period, whichever occurs later.
3. Client Data
3
The Subrecipient shall maintain client data demonstrating client
eligibility for services provided. Such data shall include, but not be
limited to client name, address, income level or other basis for
determining eligibility, and description of services provided. Such
information shall be made available to Recipient monitors or their
designees for review upon request.
4. Disclosure
The Subrecipient understands that client information collected under
this contract is private and the use or disclosure of such information,
when not directly connected with the administration of the Recipient's
or Subrecipient's responsibilities with respect to services provided
under this contract, is prohibited by law unless written consent is
obtained from such person receiving service and, in the case of a
minor, that of a responsible parent/guardian.
5. Closeouts
Subrecipient obligation to the Recipient shall not end until all closeout
requirements are completed. Activities during this closeout period
shall include, but are not limited to, making final payments, disposing
of program assets (including the return of all unused materials,
equipment, unspent cash advances, program income balances, and
accounts receivable to the Recipient), and determining the
custodianship of records. Notwithstanding the foregoing, the terms of
this Agreement shall remain in effect during any period that the
Subrecipient has control over CDBG funds, including program
income.
6. Audits and Inspections
All Subrecipient records with respect to any matters covered by this
Agreement shall be made available to the Recipient, grantor agency,
and the Comptroller General of the United States or any of their
authorized representatives, at any time during normal business hours,
as often as deemed necessary, to audit, examine, and make excerpts
or transcripts of all relevant data. Any deficiencies noted in audit
reports must be fully cleared by the Subrecipient within 30 days after
receipt by the Subrecipient. Failure of the Subrecipient to comply with
the above audit requirements will constitute a violation of this contract
and may result in the withholding of future payments. The Subrecipient
hereby agrees to have an annual agency audit conducted in
accordance with current Recipient policy concerning subrecipient
audits and 2 CFR 200 Subpart F
C. Reporting and Payment Procedures
1. Program Income
4
The Subrecipient shall report quarterly all program income (as defined
at 24 CFR 570.500(a)) generated by activities carried out with CDBG
funds made available under this contract. The use of program income
by the Subrecipient shall comply with the requirements set forth at 24
CFR 570.504. By way of further limitations, the Subrecipient may use
such income during the contract period for activities permitted under
this contract and shall reduce requests for additional funds by the
amount of any such program income balances on hand. All
unexpended program income shall be returned to the Recipient at the
end of the contract period. Any interest earned on cash advances from
the U.S. Treasury and from funds held in a revolving fund account is
not program income and shall be remitted promptly to the Recipient.
2. Payment Procedures
The Recipient will pay to the Subrecipient funds available under this
agreement based upon information submitted by the Subrecipient and
consistent with any approved budget and Recipient policy concerning
payments. Except for certain advances, payments will be made for
eligible expenses incurred by the Subrecipient, and not to exceed
actual cash requirements. Payments will be adjusted by the
Recipient in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the
Recipient reserves the right to liquidate funds available under this
contract for costs incurred by the Recipient on behalf of the
Subrecipient.
3. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect
cost allocation plan for determining the appropriate Subrecipient's
share of administrative costs and shall submit such plan to the
Recipient for approval, in a form specified by the Recipient.
4. Progress Reports
The Subrecipient shall submit quarterly Activity Progress Reports to
the Recipient in the form and content as required by the Recipient.
D. Procurement
1. Compliance
The Subrecipient shall comply with current Recipient policy
concerning the purchase of equipment and shall maintain inventory
records of all nonexpendable personal property as defined by such
policy as may be procured with funds provided herein. All program
assets (unexpended program income, property, equipment, etc.) shall
revert to the Recipient upon termination of this Agreement.
2. 2 CFR Part 200 Uniform Administrative Requirements, Cost
5
Principles, and Audit Requirements for Federal Awards
Unless specified otherwise within this agreement, the Subrecipient
shall procure all materials, property, or services in accordance with the
requirements of 2 CFR part 200.
3. Travel
The Subrecipient shall obtain written approval from the Recipient for
any travel outside the metropolitan area to be paid for with funds
provided under this contract.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this
Agreement shall follow the requirements of 2 CFR Part 200 and 24 CFR
570.502, 570.503, and 570.504, as applicable, which include but are
not limited to the following:
1. The Subrecipient shall transfer to the Recipient any CDBG funds on
hand and any accounts receivable attributable to the use of funds under
this Agreement at the time of expiration, cancellation, or termination.
2. Real property under the Subrecipient's control that was acquired or
improved, in whole or in part, with funds under this Agreement more
than $25,000 shall be used to meet one of the CDBG National
Objectives pursuant to 24 CFR 570.208 until five (5) years after
expiration of this Agreement. If the Subrecipient fails to use CDBG-
assisted real property in a manner that meets a CDBG National
Objective for the prescribed period, the Subrecipient shall pay the
Recipient an amount equal to the current fair market value of the
property less any portion of the value attributable to expenditures of
non-CDBG funds for acquisition of, or improvement to, the property.
Such payment shall constitute program income to the Recipient. The
Subrecipient may retain real property acquired or improved under this
Agreement after the expiration of the five-year period.
3. In all cases in which equipment acquired, in whole or in part, with
funds under this Agreement is sold, the proceeds shall be program
income (prorated to reflect the extent to that funds received under this
Agreement were used to acquire the equipment). Equipment not
needed by the Subrecipient for activities under this Agreement shall be
(a) transferred to the Recipient for the CDBG program or (b) retained
after compensating the Recipient [an amount equal to the current fair
market value of the equipment less the percentage of non-CDBG funds
used to acquire the equipment].
III. RELOCATION, PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING
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.
IV. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply all federal, state and local
regulations in effect as of the date of this Agreement as they apply to
federally assisted programs and activities of the Department of
Housing and Urban Development and with Title VI of the Civil Rights
Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as
amended, Section 104(b) and Section 109 of Title I of the Housing and
Community Development Act of 1974 as amended, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and
Executive Order 11246 as amended by Executive Orders 11375,
11478, 12107 and 12086.
2. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in
employment and contracting opportunities laws, regulations, and
executive orders referenced in 24 CFR 570.607, as revised by
Executive Order 13279. The applicable non-discrimination provisions
in Section 109 of the HCDA are still applicable.
3. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights
Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard
to the sale, lease, or other transfer of land acquired, cleared or
improved with assistance provided under this contract, the Subrecipient
shall cause or require a covenant running with the land to be inserted
in the deed or lease for such transfer, prohibiting discrimination as
herein defined, in the sale, lease or rental, or in the use or occupancy
of such land, or in any improvements erected or to be erected thereon,
providing that the Recipient and the United States are beneficiaries of
and entitled to enforce such covenants. The Subrecipient, in
undertaking its obligation to carry out the program assisted hereunder,
agrees to take such measures as are necessary to enforce such
covenant, and will not itself so discriminate.
4. Section 504
The Subrecipient agrees to comply with all Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), which prohibits discrimination against the
individuals with disabilities or handicaps in any Federally assisted
program. The Recipient shall provide the Subrecipient with any
guidelines necessary for compliance with that portion of the regulations
in force during the term of this Agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant
to the Recipient's specifications an Affirmative Action Program in
keeping with the principles as provided in President's Executive Order
11246 of September 24, 1966. The Recipient shall provide Affirmative
Action guidelines to the Subrecipient to assist in the formulation of such
program. The Subrecipient shall submit a plan for an Affirmative Action
Program for approval prior to the award of funds.
2. Women -Minority -Owned Businesses (W/MBE)
The Subrecipient will use its best efforts to afford small businesses,
minority business enterprises, and women's business enterprises the
maximum practicable opportunity to participate in the performance of
this contract. As used in this contract, the terms "small business" means
a business that meets the criteria set forth in section 3(a) of the Small
Business Act, as amended (15 U.S.C. 632), and "minority and women's
business enterprise" means a business at least fifty-one (51) percent
owned and controlled by minority group members or women. For this
definition, "minority group members" are Afro-Americans, Spanish-
speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. The Subrecipient may rely on written
representations by businesses regarding their status as minority and
female business enterprises in lieu of an independent investigation.
3. Access to Records
The Subrecipient shall furnish and cause each of its own
subrecipients or subcontractors to furnish all information and reports
required hereunder and will permit access to its books, records and
accounts by the Recipient, HUD or its agent, or other authorized
Federal officials for purposes of investigation to ascertain compliance
with the rules, regulations and provisions stated herein.
8
4. Notifications
The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency
contracting officer, advising the labor union or worker's representative
of the Subrecipient's commitments hereunder, and shall post copies
in conspicuous places available to employees and applicants for
employment.
5. Equal Employment Opportunity and Affirmative Action (EEO/AA)
Statement
The Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that it is
an Equal Opportunity or Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X A, Civil
Rights, and B, Affirmative Action, in every subcontract or purchase
order, specifically or by reference, so that such provisions will be
binding upon each of its own subrecipients or subcontractors.
C. Employment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or
personnel employed in the administration of the program for political
activities; explicitly religious activities; lobbying, political patronage,
and nepotism activities.
2. Labor Standards
The Subrecipient agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis -Bacon Act as
amended, the provisions of Contract Work Hours and Safety
Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal,
state and local laws and regulations pertaining to labor standards
insofar as those acts apply to the performance of this Agreement. The
Subrecipient agrees to comply with the Copeland Anti -Kick Back Act
(18 U.S.C. 874 et seq.) and its implementing regulations of the U.S.
Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain
documentation that demonstrates compliance with hour and wage
requirements of this part. Such documentation shall be made available
to the Recipient for review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation
or construction of residential property containing less than eight (8)
units, all contractors engaged under contracts in excess of $2,000.00
9
for construction, renovation or repair work financed in whole or in part
with assistance provided under this contract, shall comply with Federal
requirements adopted by the Recipient pertaining to such contracts
and with the applicable requirements of the regulations of the
Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the
payment of wages and ratio of apprentices and trainees to journey
workers; provided that, if wage rates higher than those required under
the regulations are imposed by state or local law, nothing hereunder is
intended to relieve the Subrecipient of its obligation, if any, to require
payment of the higher wage. The Subrecipient shall cause or require
to be inserted in full, in all such contracts subject to such regulations,
provisions meeting the requirements of this paragraph.
3. "Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3 of the HUD Act of
1968, as amended, and as implemented by the regulations set
forth in 24 CFR 135, and all applicable rules and orders issued
hereunder prior to the execution of this contract, shall be a
condition of the Federal financial assistance provided under this
contract and binding upon the Recipient, the Subrecipient and
any of the Subrecipient's subrecipients and subcontractors.
Failure to fulfill these requirements shall subject the Recipient,
the Subrecipient and any of the Subrecipient's subrecipients and
subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which Federal assistance is
provided. The Subrecipient certifies and agrees that no
contractual or other disability exists that would prevent
compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3"
requirements and to include the following language in all
subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a
project assisted under a program providing direct Federal
financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701).
Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low -
and very low-income residents of the project area, and
that contracts for work in connection with the project be
awarded to business concerns that provide economic
opportunities for low- and very low-income persons
10
residing in the metropolitan area in which the project is
located."
The Subrecipient further agrees to ensure that opportunities for
training and employment arising in connection with a housing
rehabilitation (including reduction and abatement of lead -based
paint hazards), housing construction, or other public construction
project are given to low- and very low-income persons residing
within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to low- and very
low-income persons within the service area of the project or the
neighborhood in which the project is located, and to low- and very
low-income participants in other HUD programs; and award
contracts for work undertaken in connection with a housing
rehabilitation (including reduction and abatement of lead -based
paint hazards), housing construction, or other public construction
project to business concerns that provide economic opportunities
for low- and very low-income persons residing within the
metropolitan area in which the CDBG-funded project is located;
where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low-income
residents within the service area or the neighborhood in which the
project is located, and to low- and very low-income participants in
other HUD programs.
The Subrecipient certifies and agrees that no contractual or other
legal incapacity exists that would prevent compliance with these
requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective
bargaining agreement or other contract or understanding, if any,
a notice advising said labor organization or worker's
representative of its commitments under this Section 3 clause
and shall post copies of the notice in conspicuous places
available to employees and applicants for employment or
training.
C. Subcontracts
The Subrecipient will include this Section 3 clause in every
subcontract and will take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation
of regulations issued by the Recipient. The Subrecipient will not
subcontract with any entity where is has notice or knowledge
that the latter has been found in violation of regulations under
II
C
24 CFR 135 and will not let any subcontract unless the entity
has first provided it with a preliminary statement of ability to
comply with the requirements of these regulations.
Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this
contract without the prior written consent of the Recipient thereto;
provided, however, that claims for money due or to become due to
the Subrecipient from the Recipient under this contract may be
assigned to a bank, trust company or other financial institution without
such approval. Notice of any such assignment or transfer shall be
furnished promptly to the Recipient.
2. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel
employed under this contract, shall be in any way or to any extent
engaged in the conduct of political activities in violation of Chapter 15
of Title V United States Code.
3. Conflict of Interest
The Subrecipient agrees to
and 24 CFR 570.611, M
following:
a. The
abide by the provisions of 2CFR 200.112
ch include (but are not limited to) the
Subrecipient shall maintain a written code or standards of
conduct that shall govern the performance of its officers,
employees or agents engaged in the award and administration of
contracts supported by Federal funds.
b. No employee, officer or agent of the Subrecipient shall participate
in the selection, or in the award, or administration of, a contract
supported by Federal funds if a conflict of interest, real or
apparent, would be involved.
c. No covered persons who exercise or have exercised any functions
or responsibilities with respect to CDBG-assisted activities, or who
are in a position to participate in a decision -making process or gain
inside information with regard to such activities, may obtain a
financial interest in any contract, or have a financial interest in any
contract, subcontract, or agreement with respect to the CDBG-
assisted activity, or with respect to the proceeds from the CDBG-
assisted activity, either for themselves or those with whom they
have business or immediate family ties, during their tenure or for
a period of one (1) year thereafter. For purposes of this paragraph,
a "covered person" includes any person who is an employee,
agent, consultant, officer, or elected or appointed official of the
Recipient, the Subrecipient, or any designated public agency.
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4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any
agency or individual in the performance of this contract without
the written consent of the Recipient prior to the execution of
such agreement.
b. Monitoring
The Subrecipient will monitor all subcontracted services on a
regular basis to assure contract compliance. Results of
monitoring efforts shall be summarized in written reports and
supported with documented evidence of follow up actions taken
to correct areas of noncompliance.
C. Content
The Subrecipient shall cause all the provisions of this contract in
its entirety to be included in and made a part of any subcontract
executed in the performance of this agreement.
d. Selection Process
The Subrecipient shall undertake to ensure that all subcontracts
let in the performance of this agreement shall be awarded on a
fair and open competition basis in accordance with applicable
procurement requirements. Executed copies of all subcontracts
shall be forwarded to the Recipient along with documentation
concerning the selection process.
5. Lobbying
The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid,
by or on behalf of it, to any person for influencing or attempting
to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any
cooperative agreement, 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
13
Federal contract, grant, loan, or cooperative agreement, it will
complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions; and
C. 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. Lobbying Certification
This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section
1352, title 31, U.S.C. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
6. Copyright
If this contract results in any copyrightable material or inventions, the
Recipient and/or grantor agency reserves the right to royalty -free, non-
exclusive and irrevocable license to reproduce, publish or otherwise
use and to authorize others to use, the work or materials for
governmental purposes.
7. Religious Organization
The Subrecipient agrees that funds provided under this Agreement will
not be utilized for explicitly religious activities prohibited by 24 CFR
570.2000), such as worship, religious instruction, or proselytization.
Faith -based organizations that carry out programs or activities with
direct Federal financial assistance from HUD must comply with 24
CFR Part 5.109; including to give written notice to beneficiaries and
prospective beneficiaries and prospective beneficiaries of the
programs or activities describing:
a) The organization may not discriminate against a beneficiary or
prospective beneficiary based on religion, a religious belief, a
refusal to hold a religious belief, or a refusal to attend or
participate in a religious practice;
b) The organization may not require a beneficiary to attend or
participate in any explicitly religious activities that are offered by
the organization, and any participation by the beneficiaries in
14
those activities must be purely voluntary;
c) The organization must separate in time or location any privately
funded explicitly religious activities from activities supported by
direct Federal financial assistance;
d) If a beneficiary or prospective beneficiary objects to the religious
character of the organization, the organization will undertake
reasonable efforts to identify and refer the beneficiary to an
alternative provider to which the beneficiary has no such
objection; and
e) A beneficiary or prospective beneficiary may report violations of
these protections, including any denials of services or benefits, to
the Federal agency or intermediary administering the program.
V. ENVIRONMENTAL CONDITIONS
A. Air and Water
1. The Subrecipient agrees to comply with the following regulations
insofar as they apply to the performance of this contract:
2. Clean Air Act, 42 U.S.C., 7401, ET seq.
3. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et
seq., as amended 1318 relating to inspection, monitoring, entry,
reports and information, as well as other requirements specified in
said Section 114 and Section 308, and all regulations and guidelines
issued hereunder.
4. Environmental Protection Agency (EPA) regulations pursuant to 40
CFR, Part 50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of
1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities
located in an area identified by the Federal Emergency Management Agency
(FEMA) as having special flood hazards, flood insurance under the National
Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including
rehabilitation).
C. Lead Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to
HUD Lead Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part
35 subpart B. Such regulations pertain to all CDBG assisted housing and
require that all owners, prospective owners, and tenants of properties
15
constructed prior to 1978 be properly notified that such properties may
include lead -based paint. Such notification shall point out the hazards of
lead -based paint and explain the symptoms, treatment and precautions that
should be taken when dealing with lead -based paint poisoning and the
advisability and availability of blood lead level screening for children under
seven. The notice should also point out that if lead -based paint is found on
the property, abatement measures may be undertaken. The regulations
further require that, depending on the amount of Federal funds applied to a
property, paint testing, risk assessment, treatment and/or abatement may
be conducted.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part
800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this
contract.
In general, this requires concurrence from the State Historic Preservation
Officer for all rehabilitation and demolition of historic properties that are fifty
years old or older or that are included on a federal, state or local historic
property list.
VI. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the
Agreement shall not be affected thereby, and all other parts of this
Agreement shall nevertheless be in full force and effect.
VII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are
included for convenience only and shall not limit or otherwise affect the
terms of this Agreement.
VIII. WAIVER
The Recipient's failure to act with respect to a breach by the Subrecipient
does not waive its right to act with respect to subsequent or similar
breaches. The failure of the Recipient to exercise or enforce any right or
provision shall not constitute a waiver of such right or provision.
IX. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Recipient
and the Subrecipient for the use of funds received under this Agreement
and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written between the Recipient and
the Subrecipient with respect to this Agreement.
16
NOTE: For the above sections, if the Subrecipient is a governmental or quasi -
governmental agency, the applicable sections of 24 CFR Part 85, "Administrative
Requirements for Grants and Cooperative Agreements to State and Local and Federally
Recognized Tribal Governments," and 2 CFR 200 would apply.
17
EXHIBIT D
CITY OF DUBUQUE
INCOME GUIDELINES FOR
FINANCIAL ASSISTANCE
Income limits are defined and occasionally revised by the U.S. Department of Housing
and Urban Development's estimated median family income.
A low-income person or family has a total income which falls between the fifty (50)
percent and eighty (80) percent median for the area, adjusted for size.
A very low-income person, family, or household has a total income which falls between
thirty (30) and fifty (50) percent of the median income, adjusted for size, of the
metropolitan area.
A 30% median income person, family or household has a total income which is between
0 and thirty (30) percent of the median income, adjusted for size, of the metropolitan
area.
The maximum income limits as of July 2019 for the Dubuque Metropolitan Area are as
follows:
Maximum Annual Income
Household
Size
Below 30% AMI
Below 50%
AMI
Below 80%
AMI
Above 80%
AMI
Family Size 1:
<$17,100
<$28,500
<$45,500
>$45,500
Family Size 2:
<$19,550
<$32,600
<$52,050
>$52,050
Family Size 3:
<$22,000
<$36,650
<$58,550
>$58,550
Family Size 4
<$25,750
<$40,700
<$65,050
>$65,050
Family Size 5:
<$30,170
<$44,000
<$70,300
>$70,300
Family Size 6:
<$35,590
<$47,250
<$75,500
>$75,500
Family Size 7:
<$39,010
<$50,500
<$80,700
>$80,700
Family Size 8:
<$43,430
<$53,750
<$85,900
>$85,900
Income limits for CDBG funded programs can be found on the HUD Exchange
https://www.hudexchange.info/resource/5334/cdbg-income-Iimits/
Organizations required to verify income are encouraged to use the CPD Income
Eligibility Calculator at https://www.hudexchange.info/incomecalculator/
18
CDBG Contract
CITY OF DUBUQUE, IOWA
AND
FOUR MOUNDS FOUNDATION
FY 2022 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Agreement
THIS AGREEMENT, executed on the 1 st day of July, 2021 is entered by and between the
City of Dubuque, Iowa, a municipal corporation organized and existing under the laws of
the State of Iowa (Recipient) and Four Mounds Foundation with its principal place of
business in Dubuque, Iowa (Subrecipient).
Whereas, Recipient is a participating city in the Community Development Block
Grant (CDBG) Program of the United States Department of Housing and Urban
Development; and
Whereas, Recipient wishes to engage Subrecipient to assist Recipient in providing
services to a presumed low -and moderate- income population.
NOW THEREFORE, in consideration of the premises and respective covenants,
agreements and representations hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES:
a. Subrecipient shall:
Provide the services to eligible residents of the City of Dubuque in a
manner satisfactory to Recipient and consistent with any standards
required as a condition of providing these funds. Such program shall
include the following activities eligible under the Community
Development Block Grant Program: Operating costs for a summer
day camp program for low/moderate income youth. In this regard for
the term of this agreement it shall-
1 . Provide activities like challenge ropes course, canoeing,
ecosystem adventures, swimming, creek -stomping, hiking,
games and arts and crafts.
2. Provide team building activities.
ii. In the event of a conflict between Subrecipient's proposals and the
provisions hereto attached, that provision which in the judgment of
Recipient provides the greatest benefit to Recipient shall prevail.
Failure of Subrecipient to provide any of the services proposed shall
be deemed a material breach of this Agreement.
iii. Support the City's efforts to be a viable, livable, and equitable
community, and to advance equity and inclusion. The City will
provide opportunities to demonstrate this support by inviting the
CDBG Contract
Executive Director of the Agency and any employees working on
services covered by this agreement to participate in the following
professional development opportunities and supporting activities:
1. The opportunity to be active and engaged participants in
Inclusive Dubuque peer learning opportunities and strategic
efforts, Exhibit A;
2. The opportunity to attend intercultural and equity workshops
offered by the City, including workshops that focus on
developing an intercultural team with a strategic plan for
advancing equity and inclusion within the Agency and through
the Agency's work;
3. Assistance in creating semi-annual status reports that
demonstrate the ways in which the Agency's efforts are
advancing equity and inclusion; and
4. Access to the City's equity toolkit.
iv. Comply with City Council goals and priorities are attached hereto as
Exhibit B.
II. City Responsibilities
City designates the City Manager, or the City Manager's designee, to act
as its representative with respect to the work to be performed under this
Agreement, and such person shall have authority to transmit instructions,
receive information, interpret and define City's policies and provide
decisions in a timely manner pertinent to the work covered by this
Agreement until Agency has been advised in writing by City that such
authority has been revoked.
III. National Objective
Subrecipient certifies and maintains documentation that the activities
carried out with funds provided under this Agreement will meet the CDBG
program's National Objectives as stated:
570.208(a)(2) Activities benefiting low and moderate -income
persons; Benefit to a clientele (elderly persons) who are generally
presumed to be principally low -moderate income persons; and
requires reporting information on ethnic origin, elderly status, and
female head of household status for participants served.
IV. Project Budget
The total compensation to be paid to Subrecipient by Recipient for the
services shall in no event exceed the sum of $39,258 for the program.
-2-
CDBG Contract
Any indirect costs charged must be consistent with the conditions of Section
II (C) (3) of the attached Exhibit C, Standard Requirements. In addition,
Recipient may require a more detailed budget breakdown, and Subrecipient
shall provide such supplementary budget information in a timely fashion in
the form and content prescribed by Recipient. The Recipient and
Subrecipient must approve any amendments to this Agreement in writing.
V. Dates of Commencement and Completion
The services to be provided under this Agreement shall be commenced on
July 1, 2021 and shall be completed not later than June 30, 2022.
Recipient's right to enforce the terms of this Agreement shall be extended
to cover any additional time during which Subrecipient remains in control of
CDBG funds or other assets including program income.
VI. Agreement Documents and Provisions
Subrecipient shall perform or arrange for the provision of services under this
Agreement in the manner and time provided herein and in accordance with
the Community Development Block Grant Program, including the Income
Guidelines in Exhibit D and Standard Contract Requirements in Exhibit C
herein attached and a part of this agreement.
VII. Payment
a. It is expressly agreed and understood that the total amount to be paid
by Recipient to Subrecipient under this Agreement shall not exceed
the amount stated in Section IV of this Agreement. Such amount
shall constitute compensation for establishment of a Microenterprise.
Such amount shall be paid upon written request on the Request for
Payment form, with proof satisfactory to the recipient of expenses.
Drawdowns for payment of eligible expenses are reimbursement
only.
b. Payment shall be supported by documentation provided by
Subrecipient of costs incurred for services provided pursuant to this
Agreement.
c. Payments are contingent upon certification of Subrecipient's
financial management system in accordance with the standards
specified in 2 CFR 200, the provisions of which are available in the
office of Recipient.
VIII. Reporting and Monitoring.
- 3 -
CDBG Contract
IX.
X
Subrecipient shall render to Recipient an annual written report detailing its
activities and individuals served. Annual report will be due July 15tn
Subrecipient shall be subject to at least one site visit by personnel of
Recipient, or a designee of Recipient or duly authorized federal officials, for
monitoring Subrecipient's delivery of services and compliance with terms of
the agreement and federal standards that pertain to federally funded grant
activities. Income verification of the participants as provided on the
Participant Report, if applicable, shall be provided for review at the time of
monitoring. Review may include accounting books and records for financial
management and documentation of program costs. The reviewers shall
have access to and the right to examine, audit, excerpt and /or transcribe
any of Subrecipient's records pertaining to all matters covered by this
Agreement. Subrecipient shall be subject to subsequent site visits to review
correction of any deficiencies in compliance.
Recipient shall monitor the performance of Subrecipient against goals and
performance standards required herein. Substandard performance as
determined by Recipient shall constitute noncompliance with this
agreement. If action to correct such substandard performance is not taken
by Subrecipient within a reasonable period after being notified by Recipient,
contract suspension or termination procedures shall be initiated.
Termination of Agreement
This Agreement may be terminated by either party by giving the other party
a written, ninety (90) day notice of such termination or upon such other
terms as may be mutually agreeable.
If, through any cause, Agency shall fail to fulfill in a timely and proper
manner its obligations under this Agreement or if Agency shall violate any
of the covenants, agreements, or stipulations of this Agreement, City shall
have the right to terminate this Agreement by giving written notice to Agency
of such termination not less than five (5) days before the effective date of
such termination.
Notices
Communication and details concerning this Agreement shall be directed to
the following agreement representatives:
Recipient
Dan Kroger
Recreation Division Manager
Leisure Services Department
2200 Bunker Hill Rd.
Dubuque, Iowa 52001
-4-
Subrecipient
Jill Courtney
Executive Director
Four Mounds Foundation
1900 Peru Rd.
Dubuque, Iowa 52001
CDBG Contract
XI. Assignability
Agency shall not assign this Agreement or any interest in this Agreement
without prior written approval of City.
X1, Indemnity. Subrecipient agrees to save, defend, indemnify and hold
harmless City, its officers, agents and employees, against any and all loss,
damage, claims, causes of action, judgments, costs and expenses that City
may hereafter suffer, incur, be put to, pay or lay out by reason of the
performance or lack of performance by Subrecipient and/or its agents and
employees of the conditions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this contract with the referenced
attachment Exhibit A, 8, C, and D as of the date first written above,
Witness:
City of DubAuque, Iowa
011
Adrienne Pri-Aiffialfinr Q+w QprL-
Trish L. - Gleason', Asst. City Clerk
Jill '�ney, Executive Dire6tor
-5-
CDBG Contract
List of Exhibits
Exhibit A Inclusive Dubuque
Exhibit B City Council Goals and Priorities
Exhibit C Standard Requirements Community Development Block Grant
(CDBG) Agreements
Exhibit D City of Dubuque Income Guidelines for Financial Assistance
EXHIBIT A
INCLUSIVE dubuque
Connecting People • 5trengthening Community
Inclusive Dubuque
A local network of community leaders from faith, labor, education and government
organizations dedicated to advancing justice and social equity in our community.
-1-
What is Inclusive Dubuque?
Inclusive Dubuque is a peer -learning network of partners
committed to creating an informed, equitable and inclusive
community where all people are respected, valued and
engaged. The network is comprised of more than 50
organizations across sectors including faith, government,
nonprofit, business, education and more. To see a complete
listing of organizations, visit www.inclusivedbq.org.
The Inclusive Dubuque network works collaboratively to eliminate bias in our
community. While this goal would be difficult for a single organization or
individual to achieve, each network member can contribute to an
effective outcome by:
providing data and information to inform decisions
• supporting equity education opportunities
• creating and sharing equity tools
These goals are accomplished by supporting partner -led sector groups and peer -learning opportunities.
Sector Groups
Community and network members lead these groups to address bias within the seven focus areas of the equity profile.
Sector groups are supported by a data team and guided by the expertise and lived experience of their members; data to
learn and track their progress; and the use of a raciallsocial equity lens to help guide decision -making.
Peer -Learning
Inclusive Dubuque offers peer -learning opportunities — including education, training and resources — to network partners
to improve personal and organizational understanding of all types of bias and promote racial and social equity.
Early Warning Community Mobilization CVB integrates
Business leaders and Planning @ cultural competency My Brother's Keeper
identify opportunity Chamber Diversity Summit into training modules initiative forms
Gathering of Implementation City joins Government Race and Equity
Partners Inclusive Dubuque Alliance on Race 6 Equity Training through
Launched (DARE) GARE
- 2 -
I'm a Dubuquer Campaign
Winner of a 2017-18 Dubuque Silver ADDY Award and a 2018
Dubuque 365 Community Impact Award, the "I'm a Dubuquer"
campaign was part of a local partnership between the Network and
the Telegraph Herald to redefine a term deeply embedded in the
Dubuque community from something used to draw a line between
insiders and outsiders into one that welcomes all who call
Dubuque home.
Learn more about the campaign at www.imadubuquer.com.
Best Practices
Last year, the Network launched `Best Practices in Diversity, Equity
and Inclusion," a nine -month, peer -learning work -shop series.
Organized by the network's Peer -Learning Council (PLC), the series
gives participants the opportunity to learn about and engage in best
practices for diversity, equity and inclusion. Sessions took place on a
monthly basis and cover such topics as leading organizations
through change, meeting organizational goals, communication, and
recruitment strategies. The series will wrap up in June with
presentations by participants demonstrating how they will apply the
skills they have learned to support their organizations' equity and
inclusion goals.
Sector groups learn
Community Equity July: NICC expands minority outreach Results -Based Restorative Strategies June: I'm a Dubuquer
Profile begins Aug: GDDC Implements Entrepreneur Strategy Accountability peer -learning session Oct: Best Practices begins
Network workshop Sept: Chamber launches Minority Business Council Develop Racial Best Practices
with author Oct: Community Equity Profile complete Equity Toolklt (continued)
Madeleine Taylor Nov: Sector groups form around Equity Profile priorities
-3-
The Network at Work
Network and community members have joined
partner -led working groups to address new
challenges and bring the racial/social equity lens to
existing programs and efforts in education, arts and
culture and our neighborhoods. These groups work
to identify priorities, measurable indicators and
partners and programs that can be engaged to
affect change.
Sector groups are utilizing a process called Results -Based Accountability in an effort to better understand how we can track
our progress. Since December 2015, more than 90 people have joined sector groups and that number continues to grow as
members identify voices missing from the conversation.
In addition to participating in sector groups and Best Practices, network partners are already taking steps in their own
organization. These network -owned actions help contribute to creating an equitable and inclusive community where all
people feel respected, valued and engaged. Here are just a few of the ways our "network is at work":
• Economic Wellbeing: Northeast Iowa Community
College and Greater Dubuque Development Corporation
have implemented an outreach strategy to engage
minority community members in Opportunity Dubuque.
• Business. The Dubuque Chamber of Commerce has
created a Minority Business Council with a mission to
guide minority and under -represented business owners
toward local resources.
• Education: The Dubuque Community School District is
disaggregating data regarding Grade -Level Reading,
attendance and graduation rates to help improve out-
comes for all students.
• Higher Education: Loras College has implemented
cultural competency training as part of the Honors
Student Program curriculum.
• Government: The City of Dubuque has joined the
Government Alliance on Race and Equity and is
implementing a racial equity toolkit.
• Health: Mercy Medical Center, Crescent Community
Health Center, University of Dubuque, Dubuque's
Human Rights Department, and others are increasing
healthcare access for the Marshallese population
through a community health program that helps remove
barriers to care.
TO LEARN MORE AND FIND OUT HOW YOU CAN GET INVOLVED, VISIT WWW.INCLUSIVEDBQ.ORG
INCLUSIVE dubuque
Connecting People • Strengthening Community
Inclusive Dubuque is facilitated by the Community Foundation of Greater Dubuque.
-4-
EXHIBIT B
THE CITY OF Dubuque CONTACTS:
DT TR Au-NaHne" Mayor Roy D. Buol ���,
LJ L E 563.564-5455, rdbuo1Qdtvofdubuoue.ora
zoo�•zoia•ao13
Masterpiece on the Mississippi 2017*2019
NEWS RELEASE
Aug. 15, 2019 — FOR IMMEDIATE RELEASE
City Council Completes Annual Goal -Setting Sessions
DUBUQUE, Iowa — The Dubuque City Council completed its annual goal -setting sessions on
Wednesday, Aug. 14. Over the course of three evening sessions, City Council members
reaffirmed the 15-year vision statement and mission statement and identified eight five-year goals
for the city. They also identified top and high priorities for a 2019-2021 policy agenda as well as a
management agenda for projects and initiatives planned for 2019-2021.
The 2034 Dubuque Vision Statement
Dubuque 2034 is a sustainable and resilient city and an inclusive and equitable community.
Dubuque 2034 has preserved our Masterpiece on the Mississippi, has a strong diverse economy
and expanding connectivity. Our residents experience healthy living and active lifestyles; have
choices of quality, livable neighborhoods; have an abundance of fun things to do; and are engaged
in the community.
Mission Statement
Dubuque city government is progressive and financially sound with residents receiving value for
their tax dollars and achieving goals through partnerships. Dubuque city government's mission is
to deliver excellent municipal services that support urban living; contribute to an equitable,
sustainable city; plan for the community's future; and facilitate access to critical human services.
City of Dubuque Goals 2024
• Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity
• Vibrant Community: Healthy and Safe
• Livable Neighborhoods and Housing: Great Place to Live
• Financially Responsible, High -Performance City Organization: Sustainable, Equitable, and
Effective Service Delivery
• Sustainable Environment: Preserving and Enhancing Natural Resources
• Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and
Equitable
• Diverse Arts, Culture, Parks, and Recreation Experiences and Activities
• Connected Community: Equitable Transportation, Technology Infrastructure, and Mobility
Policy Agenda
Policy agenda items are issues that need direction or a policy decision by the City Council, or need
a major funding decision by the City Council, or issues that need City Council leadership in the
community or with other governmental bodies. The policy agenda is divided into top priorities and
high priorities.
-5-
2019 — 2021 Top Priorities (in alphabetical order):
• Dream Center: Facilities & Programs
• Emerald Ash Borer Program
• Human Resources Policies & Handbook Revision
• Imagine Dubuque: Implementation
• Major Street Improvement Plan: Project Priority & Funding
• Parking Ramp Maintenance: Funding
2019 — 2021 High Priorities (in alphabetical order):
• Brain Health Strategy & Action Plan
• Debt Reduction Plan: Re -Affirmation
• Fountain of Youth: Funding
• Four Mounds/HEART Program: Funding
• Street Maintenance Program: Increased Funding
• Transit Vehicle Replacement Funding
Management Agenda
Management agenda items are issues for which the City Council has set the overall direction and
provided initial funding, may require further City Council action or funding, or are major
management projects that may take multiple years to implement. The management agenda is
divided into top priorities and high priorities.
2019 — 2021 Management Agenda Top Priorities (in alphabetical order):
• Bee Branch Creek Projects: Next Steps
• CHANGE Program: True North Housing Initiative & Bee Branch Healthy Homes Resiliency
Program
• Equitable Poverty Prevention: Action Plan
• Industrial Park Development
• Leisure Services Facilities Deferred Maintenance Assessment
• Multi -Tiered Housing Inspection Program
• Park Development Projects for Non-TIF(Tax-Increment Financing), Donated Park Sites:
Funding
• Traffic Signal Synch ron ization/STR E ETS (Smart Traffic Routing with Efficient and Effective
Traffic Signals): Funding
2019 — 2021 Management Agenda High Priorities (in alphabetical order):
• Citywide Departmental Work Order System Implementation
• Dubuque Riverfront Master Plan (Corps of Engineers)
• Innovation & Entrepreneurial Strategy
• School Resource Officer: Implementation
• Southwest Arterial Business Development
• Water & Resource Recovery Center: Nutrient Trading
-6-
?019
:.ity Council
goals & Priorities
City of Dubuque
Goals 2024
Robust Local Economy: Diverse Businesses and Jobs with
Economic Prosperity
Vibrant Community: Healthy & Safe
Livable Neighborhoods & Housing: Great Place to Live
Financially Responsible, High -Performance City Organization:
Sustainable, Equitable, and Effective Service Delivery
THE CITY OG
DUB E
Masterpiece on the Mississippi
Sustainable Environment: Preserving and Enhancing
Natural Resources
Partnership for a Better Dubuque: Building Our Community
s that is Viable, Livable, and Equitable
• Diverse Arts, Culture, Parks, and Recreation Experiences
and Activities
♦ Connected Community: Equitable Transportation,
Technology Infrastructure, and Mobility
Policy Agenda items are issues that need direction or a policy decision by the City
FE01 9-2021 Council, or need a major funding decision by the City Council, or issues that need City
AGENDA Council leadership in the community or with other governmental bodies. The policy
agenda is divided into top priorities and high priorities.
TOP PRIORITIES (in alphabetical order) HIGH PRIORITIES (in alphabetical order)
• Dream Center: Facilities & Programs • Brain Health Strategy & Action Plan
• Emerald Ash Borer Program • Debt Reduction Plan: Re -Affirmation
• Human Resources Policies & Handbook Revision • Fountain of Youth: Funding
• Imagine Dubuque: Implementation • Four Mounds/HEART Program: Funding
• Major Street Improvement Plan: Project Priority & Funding • Street Maintenance Program: Increased Funding
• Parking Ramp Maintenance: Funding • Transit Vehicle Replacement Funding
Management agenda items are issues for which the City Council has set the overall
• direction and provided initial funding, may require further City Council action
MANAGEMENTAGENDA or funding, or are major management projects that may take multiple years to
implement. The management agenda is divided into top priorities and high priorities.
TOP PRIORITIES (in alphabetical order) HIGH PRIORITIES (in alphabetical order)
• Bee Branch Creek Projects: Next Steps • Dubuque Riverfront Master Plan (Carps of Engineers)
• CHANGE Program: True North Housing Initiative & Bee Branch • Citywide Departmental Work order System
Healthy Homes Resiliency Program Implementation
• Equitable Poverty Prevention: Action Plan • Innovation & Entrepreneurial Strategy
• Industrial Park Development • School Resource Officer: Implementation
• Leisure Services Facilities Deferred Maintenance Assessment • Southwest Arterial Business Development
• Multi-Tered Housing Inspection Program • Water & Resource Recovery Center: Nutrient Trading
• Park Development Projects for Non-TI F(Tax- Increment
Financing), Donated Park Sites
• Traffic Signal Synchronization/STREETS
-7-
MANAGEMENT Items that are underway and budgeted. Staff is
implementing and providing updates to City Council.
Projects that are underway and budgeted. Staff is
implementing and providing updates to City Council.
Management in Progress
• Business Development at the Airport: University of Brownfield Grants
Dubuque • FAA Supplemental Funding
• GDDC Retail Attraction Strategy • Air Charters to Leisure Destinations
• Downtown Housing Creation Strategy
• Riverfront Lease Sites Major Projects
• Federal Opportunity Zones • Demarcation Point Relocation [Phone Line Termination Point]
• Old Air Terminal Demolition
Vibrant Community: Healthy & safe
• Police Reaccreditation
• Humane Society Contract Renewal
• WRRC: Certification of Environmental
• CAD Connection to City Cameras Network
• Traffic Camera System
• School Safety and Security Plan and Protocols
• Dispatcher Training Program
• Communication National Quality Assurance
• Healthcare for Residents from Pacific Islands
• Smart 911 Personal and Building Profile Marketing
• Quick Response Pumper
• Police Officer Recruitment & Retention
• P25 Radio System Building & Implementation
• Panic Button for City Facifities
• Ambulance Staffing Alternatives
• Police Department Transition to New Caliber Weapons
Major Projects
• Crescent Community Health Center: Clinic Construction
• Fire Headquarters and Stations ADA Compliance
• Fire Stations HVAC and Lighting Improvements
• Multicultural Family Center Construction
-8-
Management in Progress
• Third St. Data Center
• ADA Compliance Transition
• Aerial Photography & Control Monumentation
• Cartegraph OMS System Asset Management
Expansion
• Certified Financial Report Software Conversion
• City Website: Redesign
• Community Resident Survey and Actions
• Diverse Applicants Recruitment Strategy
• Financial Management Software: Study & Draft RFP
• Health Benefits Consulting and Actuarial Services
• High Performing Organ ization/0utcome-driven
Decision -making Strategy
• • - •
Management in Progress
• Community Climate Action & Resiliency Plan
+ Flood Control System: Corps of Engineers Project Approval
• FOG (Fats, Oils, & Greases) Program
• Glass Collection Drop-off Programs
• Growing Sustainable Communities Conference
• Lead & Copper Rule Compliance Water Sampling & Testing
• Public Education on Bikeable/Walkable Dubuque
• Sanitary Sewer System Condition Assessment
• Sewer Infrastructure Asset Management Plan
-9-
• Indirect Rate for Grants
• Internal Liquor License Approval Process
• InVision Facility Management Software
• I -Net Connection for Remote Site
• Liquor License Process
• New Employee and Promoted Employee Orientation and
Support Program
• Paperless Accounts Payable Workflow Development &
Implementation
• Workers Compensation Claims Management
Major Projects
• City Hall Sidewalks Heating System
• City Hall Annex Windows Replacement
ihancing Natural Resources
Major Projects
• 17th St./W. Locust St. HUD Resiliency Storm Sewer
Improvement Project
• 22nd St./Kaufman Ave. HUD Resiliency Storm Sewer
Improvement Project
• Bee Branch Culvert Project Under Railroad
• Bee Branch Gates/Pump Station
• Cell 9 Landfill Project: Phase 4
• Fire Hydrants Installation [former Vernon Water System]
• Pressure Reducing Valve Implementation
• Sanitary Forcemain/Riverbank Stabilization Project (US
Corps of Engineers)
• SCADA Overhaul: Water
• Roosevelt Street Water Tower Project
• Vernon Well Abandonment
• WRRC Outfall Manhole Reconstruction
• Water Tank Inspection Program & Maintenance
• Water Lines Extension — SW Arterial
■ West 3rd St. Generator
management in progress and major projects: continued
Management in Progress
■ 2020 Census Complete Count
■ Campaign for Grade Level Reading: Community Solution Action Plan
■ City Racial Equity Toolkit: Results -based Accountability
■ Civic Action Plan & Civic Leaders Program
■ Equity Training for City Staff
■ My Brother's Keeper
■ Welcoming & Connecting with New Residents Program (GDDC)
Management in Progress
• All Community Reads Event
• Americorps
• Changing Lives Through Literature Program
• EB Lyons Center Partnership Development
• Library Marketing Campaign
• Pollinator Habitat in Park System
Management in Progress
• Bunker Hill Golf Course Irrigation
• Comiskey Park Renovation
• Eagle Point Park Environmental Restoration
Project
• English Ridge & Eagle Valley Subdivision Parks
• Grand River Center: Upgrade Projects
• Miracle League Complex
• Veterans Pond: Dedication
• w Equitable
•• •Technology and Mobility
Management in Progress
Major Projects
• ADA Pads for Bus Stops
• Chavanelle Road Hike/Bike Trail
• BUILD Grant & Other Grants
• Chavenelle Road Rehabilitation
• Bus Routes: Update Maps
Four-laning Southwest Arterial(US52)
• Comprehensive Pavement Preservation Plan
• Highway 52 Repaving
• Downtown Parking Ordinance
North Cascade Rd. Reconstruction (to Timber Hyrst
• Ramps Structural Analysis
Subdivision) & Water Main Extension
• Smart Tool for Integrated Parking Platform
• Northwest Arterial Upgrade (IDOT)
• Smart Technology for Transportation Data
• Parking Lot Re -striping
Collection
• Roundabouts
• Transportation Customer App
• Washington Street Improvements (7th to 9th)
• WiFi in Fixed Routes
• WiFi in Intermodal & Intermodal Lobby
-10-
EXHIBIT C
STANDARD REQUIREMENTS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS
TABLE OF CONTENTS
GENERAL
CONDITIONS...................................................................................... .
..................1
A.
General Compliance...................................................................................1
B.
Independent Contractor..............................................................................1
C.
Hold Harmless............................................................................................1
D.
Workers' Compensation.............................................................................1
E.
Insurance and Bonding...............................................................................1
F.
Grantor Recognition...................................................................................1
G.
Amendments..............................................................................................1
H.
Suspension or Termination.........................................................................2
II. ADMINISTRATIVE
REQUIREMENTS.................................................................................
........2
A. Financial Management............................................................................... 2
1. Accounting Standards........................................................................2
2. Cost Principles...................................................................................2
B. Documentation and Recordkeeping...........................................................2
1. Records to be Maintained..................................................................2
2. Retention...........................................................................................2
3. Client Data........................................................................................3
4. Disclosure..........................................................................................3
5. Closeouts...........................................................................................3
6. Audits and Inspections.......................................................................3
C. Reporting and Payment Procedures...........................................................3
1. Program Income................................................................................ 3
2. Payment Procedures......................................................................... 3
3. Indirect Costs.....................................................................................4
4. Progress Reports...............................................................................4
D. Procurement...............................................................................................4
1. Compliance........................................................................................4
2. Procurement Standards.....................................................................4
3. Travel.................................................................................................4
E. Use and Reversion of Assets
III. RELOCATION, PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING
REPLACEMENT.............4
IV. PERSONNEL AND PARTICIPANT
CONDITIONS.........................................................................4
A. Civil Rights..................................................................................................4
1. Compliance........................................................................................4
2. Nondiscrimination..............................................................................5
3. Land Covenants.................................................................................5
4. Section 504.......................................................................................5
B. Affirmative Action........................................................................................5
1. Approved Plan................................................................................... 5
2. Women -Minority Businesses (W/MBE)..............................................5
3. Access to Records.............................................................................6
4. Notifications....................................................................................... 6
5. Equal Employment Opportunity and Affirmative Action (EEO/AA)
Statement.......................................................................................... 6
6.
Subcontract Provisions......................................................................6
C. Employment Restrictions............................................................................6
1.
Prohibited Activity.............................................................................. 6
2.
Labor Standards................................................................................ 6
3.
"Section 3" Clause............................................................................. 7
a. Compliance...............................................................................7
b. Notifications.............................................................................. 7
C. Subcontracts.............................................................................8
D. Conduct...................................................................................................... 8
1.
Assignability.......................................................................................8
2.
Hatch Act........................................................................................... 8
3.
Conflict of Interest..............................................................................8
4.
Subcontracts......................................................................................8
a. Approvals..................................................................................8
b. Monitoring.................................................................................8
Content..................................................................................... 8
d. Selection Process..................................................................... 8
5.
Lobbying............................................................................................ 9
6.
Copyright........................................................................................... 9
7
Faith Based Organization.................................................................. 9
V. ENVIRONMENTAL
CONDITIONS...................................................................................9
VI.
A. Air and Water.............................................................................................. 9
B. Flood Disaster Protection...........................................................................9
C. Lead Based Paint.....................................................................................10
D. Historic reservation
............................................................................................10
SEVERABILITY....................................................................................
......................10
VII SECTION HEADINGS AND
SUBHEADS.........................................................................10
VIII
WAIVER............................................................................................... .
....................10
IX ENTIRE
AGREEMENT................................................................................................1
0
STANDARD REQUIREMENTS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS
I. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 Code
of Federal Regulations, Part 570 of the Housing and Urban Development
regulations concerning Community Development Block Grants (CDBG)
including subpart K of these regulations, except that (1) the Subrecipient
does not assume the recipient's environmental responsibilities described in
24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's
responsibility for initiating the review process under the provisions of 24
CFR Part 52. The Subrecipient further agrees to utilize funds available
under this Agreement to supplement rather than supplant funds otherwise
available. The Subrecipient agrees to comply with all applicable federal,
state and local laws and regulations governing the funds provided under
this contract.
B. Independent Contractor
Nothing contained in this Agreement is intended to, or shall be construed in
any manner, as creating or establishing the relationship of
employer/employee between the parties. The Subrecipient shall always
remain an independent contractor with respect to the services to be
performed under this Agreement. The Recipient shall be exempt from
payment of all Unemployment Compensation, FICA, retirement, life and/or
medical insurance and Workers' Compensation Insurance as the
Subrecipient is an independent contractor.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Recipient
from all claims, actions, suits, charges and judgments whatsoever that arise
out of the Subrecipient's performance or nonperformance of the services or
subject matter called for in this Agreement.
D. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage
for all employees involved in the performance of this contract.
E. Insurance and Bonding
The Subrecipient shall maintain insurance to the extent and against such
hazards and liabilities as are in keeping with the current insurance program
of Recipient.
The Subrecipient shall comply with the bonding and insurance
requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance.
F. Grantor Recognition
The Subrecipient shall insure recognition of the role of the Recipient in
providing services through the agreement. All activities, facilities and items
utilized pursuant to this contract shall be prominently labeled as to funding
source. In addition, the Subrecipient will include a reference to the support
provided herein in all publications made possible with funds available under
this contract.
G. Amendments
Recipient or subrecipient may amend this Agreement at any time provided
that such amendments make specific reference to this Agreement, and are
executed in writing, signed by a duly authorized representative of both
organizations and approved by the Recipient's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release
Recipient or Subrecipient from its obligations under this Agreement.
Recipient may, in its discretion, amend this Agreement to conform with
federal, state or local governmental guidelines, policies and available
funding amounts, or for other reasons. If such amendments result in a
change in the funding, the scope of services, or schedule of, the activities
to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both Recipient and
Subrecipient.
H. Suspension or Termination
In accordance with 24 CFR 85.43, the Recipient may suspend or terminate
this Agreement if the Subrecipient materially fails to comply with any terms
of this Agreement, which include (but are not limited to) the following: 1)
Failure to comply with any of the rules, regulations or provisions referred to
herein, or such statutes, regulations, executive orders, and HUD guidelines,
policies or directives as may become applicable at any time; 2) Failure, for
any reason, of the Subrecipient to fulfill in a timely and proper manner its
obligations under this Agreement; 3) Ineffective or improper use of funds
provided under this Agreement; or 4) Submission by the Subrecipient to the
Recipient reports that are incorrect or incomplete in any material respect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated
for convenience by either the Recipient or the Subrecipient, in whole or in
part, by setting forth the reasons for such termination, the effective date, and,
in the case of partial termination, the portion to be terminated. However, if in
the case of a partial termination, the Recipient determines that the remaining
portion of the award will not accomplish the purpose for which the award was
made, the Recipient may terminate the award in its entirety.
II. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 2 CFR 200.49 or 200.419 as
applicable and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with 2
CFR 200 Subpart E Cost Principles. These principles shall be applied
for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the federal
regulations specified in 24 CFR Part 570.506 that are pertinent to the
activities to be funded under this Agreement. Such records shall
include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one
of the National Objectives of the CDBG program'
C. Records required determining the eligibility of activities;
d. Records required to document the acquisition, improvement,
use or disposition of real property acquired or improved with
CDBG assistance,
e. Records documenting compliance with the fair housing and
equal opportunity components of the CDBG program, and
f. Financial records as required by 24 CFR Part 570.502, and 2
CFR 200.333-337: and
g. Other records necessary to document compliance with Subpart
K of 24 CFR 570.
2. Retention
The Subrecipient shall retain all financial records, supporting
documents, statistical records, and all other records pertinent to the
Agreement for a period of four (4) years. The retention period begins
on the date of the submission of the Recipient's annual performance
and evaluation report to HUD in which the activities assisted under the
Agreement are reported on for the final time. Notwithstanding the
above, if there is litigation, claims, audits, negotiations or other actions
that involve any of the records cited and that have started before the
expiration of the four (4) year period, then such records must be
retained until completion of the actions and resolution of all issues, or
the expiration of the four (4) year period, whichever occurs later.
3. Client Data
3
The Subrecipient shall maintain client data demonstrating client
eligibility for services provided. Such data shall include, but not be
limited to client name, address, income level or other basis for
determining eligibility, and description of services provided. Such
information shall be made available to Recipient monitors or their
designees for review upon request.
4. Disclosure
The Subrecipient understands that client information collected under
this contract is private and the use or disclosure of such information,
when not directly connected with the administration of the Recipient's
or Subrecipient's responsibilities with respect to services provided
under this contract, is prohibited by law unless written consent is
obtained from such person receiving service and, in the case of a
minor, that of a responsible parent/guardian.
5. Closeouts
Subrecipient obligation to the Recipient shall not end until all closeout
requirements are completed. Activities during this closeout period
shall include, but are not limited to, making final payments, disposing
of program assets (including the return of all unused materials,
equipment, unspent cash advances, program income balances, and
accounts receivable to the Recipient), and determining the
custodianship of records. Notwithstanding the foregoing, the terms of
this Agreement shall remain in effect during any period that the
Subrecipient has control over CDBG funds, including program
income.
6. Audits and Inspections
All Subrecipient records with respect to any matters covered by this
Agreement shall be made available to the Recipient, grantor agency,
and the Comptroller General of the United States or any of their
authorized representatives, at any time during normal business hours,
as often as deemed necessary, to audit, examine, and make excerpts
or transcripts of all relevant data. Any deficiencies noted in audit
reports must be fully cleared by the Subrecipient within 30 days after
receipt by the Subrecipient. Failure of the Subrecipient to comply with
the above audit requirements will constitute a violation of this contract
and may result in the withholding of future payments. The Subrecipient
hereby agrees to have an annual agency audit conducted in
accordance with current Recipient policy concerning subrecipient
audits and 2 CFR 200 Subpart F
C. Reporting and Payment Procedures
1. Program Income
4
The Subrecipient shall report quarterly all program income (as defined
at 24 CFR 570.500(a)) generated by activities carried out with CDBG
funds made available under this contract. The use of program income
by the Subrecipient shall comply with the requirements set forth at 24
CFR 570.504. By way of further limitations, the Subrecipient may use
such income during the contract period for activities permitted under
this contract and shall reduce requests for additional funds by the
amount of any such program income balances on hand. All
unexpended program income shall be returned to the Recipient at the
end of the contract period. Any interest earned on cash advances from
the U.S. Treasury and from funds held in a revolving fund account is
not program income and shall be remitted promptly to the Recipient.
2. Payment Procedures
The Recipient will pay to the Subrecipient funds available under this
agreement based upon information submitted by the Subrecipient and
consistent with any approved budget and Recipient policy concerning
payments. Except for certain advances, payments will be made for
eligible expenses incurred by the Subrecipient, and not to exceed
actual cash requirements. Payments will be adjusted by the
Recipient in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the
Recipient reserves the right to liquidate funds available under this
contract for costs incurred by the Recipient on behalf of the
Subrecipient.
3. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect
cost allocation plan for determining the appropriate Subrecipient's
share of administrative costs and shall submit such plan to the
Recipient for approval, in a form specified by the Recipient.
4. Progress Reports
The Subrecipient shall submit quarterly Activity Progress Reports to
the Recipient in the form and content as required by the Recipient.
D. Procurement
1. Compliance
The Subrecipient shall comply with current Recipient policy
concerning the purchase of equipment and shall maintain inventory
records of all nonexpendable personal property as defined by such
policy as may be procured with funds provided herein. All program
assets (unexpended program income, property, equipment, etc.) shall
revert to the Recipient upon termination of this Agreement.
2. 2 CFR Part 200 Uniform Administrative Requirements, Cost
5
Principles, and Audit Requirements for Federal Awards
Unless specified otherwise within this agreement, the Subrecipient
shall procure all materials, property, or services in accordance with the
requirements of 2 CFR part 200.
3. Travel
The Subrecipient shall obtain written approval from the Recipient for
any travel outside the metropolitan area to be paid for with funds
provided under this contract.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this
Agreement shall follow the requirements of 2 CFR Part 200 and 24 CFR
570.502, 570.503, and 570.504, as applicable, which include but are
not limited to the following:
1. The Subrecipient shall transfer to the Recipient any CDBG funds on
hand and any accounts receivable attributable to the use of funds under
this Agreement at the time of expiration, cancellation, or termination.
2. Real property under the Subrecipient's control that was acquired or
improved, in whole or in part, with funds under this Agreement more
than $25,000 shall be used to meet one of the CDBG National
Objectives pursuant to 24 CFR 570.208 until five (5) years after
expiration of this Agreement. If the Subrecipient fails to use CDBG-
assisted real property in a manner that meets a CDBG National
Objective for the prescribed period, the Subrecipient shall pay the
Recipient an amount equal to the current fair market value of the
property less any portion of the value attributable to expenditures of
non-CDBG funds for acquisition of, or improvement to, the property.
Such payment shall constitute program income to the Recipient. The
Subrecipient may retain real property acquired or improved under this
Agreement after the expiration of the five-year period.
3. In all cases in which equipment acquired, in whole or in part, with
funds under this Agreement is sold, the proceeds shall be program
income (prorated to reflect the extent to that funds received under this
Agreement were used to acquire the equipment). Equipment not
needed by the Subrecipient for activities under this Agreement shall be
(a) transferred to the Recipient for the CDBG program or (b) retained
after compensating the Recipient [an amount equal to the current fair
market value of the equipment less the percentage of non-CDBG funds
used to acquire the equipment].
III. RELOCATION, PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING
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.
IV. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply all federal, state and local
regulations in effect as of the date of this Agreement as they apply to
federally assisted programs and activities of the Department of
Housing and Urban Development and with Title VI of the Civil Rights
Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as
amended, Section 104(b) and Section 109 of Title I of the Housing and
Community Development Act of 1974 as amended, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and
Executive Order 11246 as amended by Executive Orders 11375,
11478, 12107 and 12086.
2. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in
employment and contracting opportunities laws, regulations, and
executive orders referenced in 24 CFR 570.607, as revised by
Executive Order 13279. The applicable non-discrimination provisions
in Section 109 of the HCDA are still applicable.
3. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights
Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard
to the sale, lease, or other transfer of land acquired, cleared or
improved with assistance provided under this contract, the Subrecipient
shall cause or require a covenant running with the land to be inserted
in the deed or lease for such transfer, prohibiting discrimination as
herein defined, in the sale, lease or rental, or in the use or occupancy
of such land, or in any improvements erected or to be erected thereon,
providing that the Recipient and the United States are beneficiaries of
and entitled to enforce such covenants. The Subrecipient, in
undertaking its obligation to carry out the program assisted hereunder,
agrees to take such measures as are necessary to enforce such
covenant, and will not itself so discriminate.
4. Section 504
The Subrecipient agrees to comply with all Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), which prohibits discrimination against the
individuals with disabilities or handicaps in any Federally assisted
program. The Recipient shall provide the Subrecipient with any
guidelines necessary for compliance with that portion of the regulations
in force during the term of this Agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant
to the Recipient's specifications an Affirmative Action Program in
keeping with the principles as provided in President's Executive Order
11246 of September 24, 1966. The Recipient shall provide Affirmative
Action guidelines to the Subrecipient to assist in the formulation of such
program. The Subrecipient shall submit a plan for an Affirmative Action
Program for approval prior to the award of funds.
2. Women -Minority -Owned Businesses (W/MBE)
The Subrecipient will use its best efforts to afford small businesses,
minority business enterprises, and women's business enterprises the
maximum practicable opportunity to participate in the performance of
this contract. As used in this contract, the terms "small business" means
a business that meets the criteria set forth in section 3(a) of the Small
Business Act, as amended (15 U.S.C. 632), and "minority and women's
business enterprise" means a business at least fifty-one (51) percent
owned and controlled by minority group members or women. For this
definition, "minority group members" are Afro-Americans, Spanish-
speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. The Subrecipient may rely on written
representations by businesses regarding their status as minority and
female business enterprises in lieu of an independent investigation.
3. Access to Records
The Subrecipient shall furnish and cause each of its own
subrecipients or subcontractors to furnish all information and reports
required hereunder and will permit access to its books, records and
accounts by the Recipient, HUD or its agent, or other authorized
Federal officials for purposes of investigation to ascertain compliance
with the rules, regulations and provisions stated herein.
8
4. Notifications
The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency
contracting officer, advising the labor union or worker's representative
of the Subrecipient's commitments hereunder, and shall post copies
in conspicuous places available to employees and applicants for
employment.
5. Equal Employment Opportunity and Affirmative Action (EEO/AA)
Statement
The Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that it is
an Equal Opportunity or Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X A, Civil
Rights, and B, Affirmative Action, in every subcontract or purchase
order, specifically or by reference, so that such provisions will be
binding upon each of its own subrecipients or subcontractors.
C. Employment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or
personnel employed in the administration of the program for political
activities; explicitly religious activities; lobbying, political patronage,
and nepotism activities.
2. Labor Standards
The Subrecipient agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis -Bacon Act as
amended, the provisions of Contract Work Hours and Safety
Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal,
state and local laws and regulations pertaining to labor standards
insofar as those acts apply to the performance of this Agreement. The
Subrecipient agrees to comply with the Copeland Anti -Kick Back Act
(18 U.S.C. 874 et seq.) and its implementing regulations of the U.S.
Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain
documentation that demonstrates compliance with hour and wage
requirements of this part. Such documentation shall be made available
to the Recipient for review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation
or construction of residential property containing less than eight (8)
units, all contractors engaged under contracts in excess of $2,000.00
9
for construction, renovation or repair work financed in whole or in part
with assistance provided under this contract, shall comply with Federal
requirements adopted by the Recipient pertaining to such contracts
and with the applicable requirements of the regulations of the
Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the
payment of wages and ratio of apprentices and trainees to journey
workers; provided that, if wage rates higher than those required under
the regulations are imposed by state or local law, nothing hereunder is
intended to relieve the Subrecipient of its obligation, if any, to require
payment of the higher wage. The Subrecipient shall cause or require
to be inserted in full, in all such contracts subject to such regulations,
provisions meeting the requirements of this paragraph.
3. "Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3 of the HUD Act of
1968, as amended, and as implemented by the regulations set
forth in 24 CFR 135, and all applicable rules and orders issued
hereunder prior to the execution of this contract, shall be a
condition of the Federal financial assistance provided under this
contract and binding upon the Recipient, the Subrecipient and
any of the Subrecipient's subrecipients and subcontractors.
Failure to fulfill these requirements shall subject the Recipient,
the Subrecipient and any of the Subrecipient's subrecipients and
subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which Federal assistance is
provided. The Subrecipient certifies and agrees that no
contractual or other disability exists that would prevent
compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3"
requirements and to include the following language in all
subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a
project assisted under a program providing direct Federal
financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701).
Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low -
and very low-income residents of the project area, and
that contracts for work in connection with the project be
awarded to business concerns that provide economic
opportunities for low- and very low-income persons
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residing in the metropolitan area in which the project is
located."
The Subrecipient further agrees to ensure that opportunities for
training and employment arising in connection with a housing
rehabilitation (including reduction and abatement of lead -based
paint hazards), housing construction, or other public construction
project are given to low- and very low-income persons residing
within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to low- and very
low-income persons within the service area of the project or the
neighborhood in which the project is located, and to low- and very
low-income participants in other HUD programs; and award
contracts for work undertaken in connection with a housing
rehabilitation (including reduction and abatement of lead -based
paint hazards), housing construction, or other public construction
project to business concerns that provide economic opportunities
for low- and very low-income persons residing within the
metropolitan area in which the CDBG-funded project is located;
where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low-income
residents within the service area or the neighborhood in which the
project is located, and to low- and very low-income participants in
other HUD programs.
The Subrecipient certifies and agrees that no contractual or other
legal incapacity exists that would prevent compliance with these
requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective
bargaining agreement or other contract or understanding, if any,
a notice advising said labor organization or worker's
representative of its commitments under this Section 3 clause
and shall post copies of the notice in conspicuous places
available to employees and applicants for employment or
training.
C. Subcontracts
The Subrecipient will include this Section 3 clause in every
subcontract and will take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation
of regulations issued by the Recipient. The Subrecipient will not
subcontract with any entity where is has notice or knowledge
that the latter has been found in violation of regulations under
II
C
24 CFR 135 and will not let any subcontract unless the entity
has first provided it with a preliminary statement of ability to
comply with the requirements of these regulations.
Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this
contract without the prior written consent of the Recipient thereto;
provided, however, that claims for money due or to become due to
the Subrecipient from the Recipient under this contract may be
assigned to a bank, trust company or other financial institution without
such approval. Notice of any such assignment or transfer shall be
furnished promptly to the Recipient.
2. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel
employed under this contract, shall be in any way or to any extent
engaged in the conduct of political activities in violation of Chapter 15
of Title V United States Code.
3. Conflict of Interest
The Subrecipient agrees to
and 24 CFR 570.611, M
following:
a. The
abide by the provisions of 2CFR 200.112
ch include (but are not limited to) the
Subrecipient shall maintain a written code or standards of
conduct that shall govern the performance of its officers,
employees or agents engaged in the award and administration of
contracts supported by Federal funds.
b. No employee, officer or agent of the Subrecipient shall participate
in the selection, or in the award, or administration of, a contract
supported by Federal funds if a conflict of interest, real or
apparent, would be involved.
c. No covered persons who exercise or have exercised any functions
or responsibilities with respect to CDBG-assisted activities, or who
are in a position to participate in a decision -making process or gain
inside information with regard to such activities, may obtain a
financial interest in any contract, or have a financial interest in any
contract, subcontract, or agreement with respect to the CDBG-
assisted activity, or with respect to the proceeds from the CDBG-
assisted activity, either for themselves or those with whom they
have business or immediate family ties, during their tenure or for
a period of one (1) year thereafter. For purposes of this paragraph,
a "covered person" includes any person who is an employee,
agent, consultant, officer, or elected or appointed official of the
Recipient, the Subrecipient, or any designated public agency.
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4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any
agency or individual in the performance of this contract without
the written consent of the Recipient prior to the execution of
such agreement.
b. Monitoring
The Subrecipient will monitor all subcontracted services on a
regular basis to assure contract compliance. Results of
monitoring efforts shall be summarized in written reports and
supported with documented evidence of follow up actions taken
to correct areas of noncompliance.
C. Content
The Subrecipient shall cause all the provisions of this contract in
its entirety to be included in and made a part of any subcontract
executed in the performance of this agreement.
d. Selection Process
The Subrecipient shall undertake to ensure that all subcontracts
let in the performance of this agreement shall be awarded on a
fair and open competition basis in accordance with applicable
procurement requirements. Executed copies of all subcontracts
shall be forwarded to the Recipient along with documentation
concerning the selection process.
5. Lobbying
The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid,
by or on behalf of it, to any person for influencing or attempting
to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any
cooperative agreement, 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
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Federal contract, grant, loan, or cooperative agreement, it will
complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions; and
C. 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. Lobbying Certification
This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section
1352, title 31, U.S.C. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
6. Copyright
If this contract results in any copyrightable material or inventions, the
Recipient and/or grantor agency reserves the right to royalty -free, non-
exclusive and irrevocable license to reproduce, publish or otherwise
use and to authorize others to use, the work or materials for
governmental purposes.
7. Religious Organization
The Subrecipient agrees that funds provided under this Agreement will
not be utilized for explicitly religious activities prohibited by 24 CFR
570.2000), such as worship, religious instruction, or proselytization.
Faith -based organizations that carry out programs or activities with
direct Federal financial assistance from HUD must comply with 24
CFR Part 5.109; including to give written notice to beneficiaries and
prospective beneficiaries and prospective beneficiaries of the
programs or activities describing:
a) The organization may not discriminate against a beneficiary or
prospective beneficiary based on religion, a religious belief, a
refusal to hold a religious belief, or a refusal to attend or
participate in a religious practice;
b) The organization may not require a beneficiary to attend or
participate in any explicitly religious activities that are offered by
the organization, and any participation by the beneficiaries in
14
those activities must be purely voluntary;
c) The organization must separate in time or location any privately
funded explicitly religious activities from activities supported by
direct Federal financial assistance;
d) If a beneficiary or prospective beneficiary objects to the religious
character of the organization, the organization will undertake
reasonable efforts to identify and refer the beneficiary to an
alternative provider to which the beneficiary has no such
objection; and
e) A beneficiary or prospective beneficiary may report violations of
these protections, including any denials of services or benefits, to
the Federal agency or intermediary administering the program.
V. ENVIRONMENTAL CONDITIONS
A. Air and Water
1. The Subrecipient agrees to comply with the following regulations
insofar as they apply to the performance of this contract:
2. Clean Air Act, 42 U.S.C., 7401, ET seq.
3. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et
seq., as amended 1318 relating to inspection, monitoring, entry,
reports and information, as well as other requirements specified in
said Section 114 and Section 308, and all regulations and guidelines
issued hereunder.
4. Environmental Protection Agency (EPA) regulations pursuant to 40
CFR, Part 50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of
1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities
located in an area identified by the Federal Emergency Management Agency
(FEMA) as having special flood hazards, flood insurance under the National
Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including
rehabilitation).
C. Lead Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to
HUD Lead Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part
35 subpart B. Such regulations pertain to all CDBG assisted housing and
require that all owners, prospective owners, and tenants of properties
15
constructed prior to 1978 be properly notified that such properties may
include lead -based paint. Such notification shall point out the hazards of
lead -based paint and explain the symptoms, treatment and precautions that
should be taken when dealing with lead -based paint poisoning and the
advisability and availability of blood lead level screening for children under
seven. The notice should also point out that if lead -based paint is found on
the property, abatement measures may be undertaken. The regulations
further require that, depending on the amount of Federal funds applied to a
property, paint testing, risk assessment, treatment and/or abatement may
be conducted.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part
800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this
contract.
In general, this requires concurrence from the State Historic Preservation
Officer for all rehabilitation and demolition of historic properties that are fifty
years old or older or that are included on a federal, state or local historic
property list.
VI. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the
Agreement shall not be affected thereby, and all other parts of this
Agreement shall nevertheless be in full force and effect.
VII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are
included for convenience only and shall not limit or otherwise affect the
terms of this Agreement.
VIII. WAIVER
The Recipient's failure to act with respect to a breach by the Subrecipient
does not waive its right to act with respect to subsequent or similar
breaches. The failure of the Recipient to exercise or enforce any right or
provision shall not constitute a waiver of such right or provision.
IX. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Recipient
and the Subrecipient for the use of funds received under this Agreement
and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written between the Recipient and
the Subrecipient with respect to this Agreement.
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NOTE: For the above sections, if the Subrecipient is a governmental or quasi -
governmental agency, the applicable sections of 24 CFR Part 85, "Administrative
Requirements for Grants and Cooperative Agreements to State and Local and Federally
Recognized Tribal Governments," and 2 CFR 200 would apply.
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EXHIBIT D
CITY OF DUBUQUE
INCOME GUIDELINES FOR
FINANCIAL ASSISTANCE
Income limits are defined and occasionally revised by the U.S. Department of Housing
and Urban Development's estimated median family income.
A low-income person or family has a total income which falls between the fifty (50)
percent and eighty (80) percent median for the area, adjusted for size.
A very low-income person, family, or household has a total income which falls between
thirty (30) and fifty (50) percent of the median income, adjusted for size, of the
metropolitan area.
A 30% median income person, family or household has a total income which is between
0 and thirty (30) percent of the median income, adjusted for size, of the metropolitan
area.
The maximum income limits as of July 2019 for the Dubuque Metropolitan Area are as
follows:
Maximum Annual Income
Household
Size
Below 30% AMI
Below 50%
AMI
Below 80%
AMI
Above 80%
AMI
Family Size 1:
<$17,100
<$28,500
<$45,500
>$45,500
Family Size 2:
<$19,550
<$32,600
<$52,050
>$52,050
Family Size 3:
<$22,000
<$36,650
<$58,550
>$58,550
Family Size 4
<$25,750
<$40,700
<$65,050
>$65,050
Family Size 5:
<$30,170
<$44,000
<$70,300
>$70,300
Family Size 6:
<$35,590
<$47,250
<$75,500
>$75,500
Family Size 7:
<$39,010
<$50,500
<$80,700
>$80,700
Family Size 8:
<$43,430
<$53,750
<$85,900
>$85,900
Income limits for CDBG funded programs can be found on the HUD Exchange
https://www.hudexchange.info/resource/5334/cdbg-income-Iimits/
Organizations required to verify income are encouraged to use the CPD Income
Eligibility Calculator at https://www.hudexchange.info/incomecalculator/
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