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Fiscal Year 2022 Purchase of Services Grant Recommendations & AgreementsCity of Dubuque City Council Meeting Action Items # 4. Copyrighted July 6, 2021 ITEM TITLE: Fiscal Year 2022 Purchase of Services Grant Recommendations & Agreements SUMMARY: City Manager recommending approval of the recommended funding for the Fiscal Year 2022 Purchase of Services Grant applications as follows: • Convivium Urban Farmstead, Free Community Casseroles ($25,000.00) • Dubuque YMCA/YWCA Domestic Violence Shelter ($25,000.00) • St. Mark Youth Enrichment, Before School Programming ($25,000.00) • Red Basket Project, Period Supplies for Those Who Menstruate ($12,625.00) • Marita Theisen Childcare Center at Steeple Square, Education and Programming ($10,000.00) • Project Rooted, Rooted Pantries ($2,375.00) RESOLUTION Authorizing Execution of FY22 Purchase of Services Grant Agreements SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type FY22 Purchase of Services Grant Recommendations- City Manager Memo MVM Memo FY22 POSG Funding Recommendations Staff Memo Staff Memo FY22 POSG Resolution Resolutions POSG Agreement - Convivium Supporting Documentation POSG Agreement - Marita Theisen Childcare Center Supporting Documentation POSG Agreement - Project Rooted Supporting Documentation POSG Agreement - Red Basket Project Supporting Documentation POSG Agreement - St. Mark Youth Enrichment Supporting Documentation POSG Agreement - Dubuque Community Supporting Documentation YMCA/YWCA THE C Dubuque DUUB-.-*.-TE *Awiu Ciq ' iece on the Mississippi Masterpiece PP zoo�•zoi 2-2013 zoi7*2019oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Fiscal Year 2022 Purchase of Services Grant Recommendations & Agreements DATE: June 30, 2021 The Community Development Advisory Commission recommends the City Council approve the recommended funding for the Fiscal Year 2022 Purchase of Services Grant applications as follows: • Convivium Urban Farmstead, Free Community Casseroles ($25,000.00) • Dubuque YMCA/YWCA Domestic Violence Shelter ($25,000.00) • St. Mark Youth Enrichment, Before School Programming ($25,000.00) • Red Basket Project, Period Supplies for Those Who Menstruate ($12,625.00) • Marita Theisen Childcare Center at Steeple Square, Education and Programming ($10,000.00) • Project Rooted, Rooted Pantries ($2,375.00) I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis M. Steger, Housing and Community Development Director Dubuque THE CITY OF DUB III -Amin City Masterpiece on the Mississippi 2007-2012.2013 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing and Community Development Director SUBJECT: Fiscal Year 2022 Purchase of Services Grant Recommendations & Agreements DATE: June 24, 2021 Introduction The attached memorandum transmits the Fiscal Year 2022 Purchase of Services Grant funding recommendations as proposed by the Community Development Advisory Commission. Purchase of Services Grant recipients' partner with the City of Dubuque to provide support for human service programs in the City of Dubuque that further the City's goals, objectives, and priorities. Background The Fiscal Year 2022 budget provides $100,000 in general funds for the Purchase of Services Grant competition to fund human service programs and activities. The City received fourteen applications for funding for a total requested amount of $292,150.00. A sub -committee from of Community Development Advisory Commission (CDAC) members met to review applications and recommended funding five applicants at full request, and one applicant partially with the remainder of the funding. The CDAC met on Wednesday, June 16, 2021, and accepted the recommendation of the review committee. Discussion Grant recipients agree to use Purchase of Services Grant resources to further goals identified by the City Council. The CDAC recommends funding for the following organizations: • Convivium Urban Farmstead, Free Community Casseroles ($25,000.00) • Dubuque YMCA/YWCA Domestic Violence Shelter ($25,000.00) • St. Mark Youth Enrichment, Before School Programming ($25,000.00) • Red Basket Project, Period Supplies for Those Who Menstruate ($12,625.00) • Marita Theisen Childcare Center at Steeple Square, Education and Programming ($10,000.00) • Project Rooted, Rooted Pantries ($2,375.00) Recommendation I respectfully request the City Council approve the attached Purchase of Services Grant Agreements with the recommended organizations and authorize the Mayor to execute the contract on behalf of the City. Prepared by: Maddy Haverland, Community Development Specialist Prepared by Maddv Haverland Housing & Community Devel 350 W. 611 St Suite 312 Telephone: (563) 690-6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1V St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 234-21 RESOLUTION AUTHORIZING EXECUTION OF FY22 PURCHASE OF SERVICES GRANT AGREEMENTS Whereas, the following non-profit organizations prepared and submitted requests to provide support for human service programs in the City of Dubuque: • Convivium Urban Farmstead • Dubuque YMCA/YWCA • St. Mark Youth Enrichment • Red Basket Project • Marita Theisen Childcare Center at Steeple Square • Project Rooted; and Whereas, the City Council approved the Fiscal Year 2022 budget that included the Purchase of Services allocation; and Whereas, the submissions have been approved by the Community Development Advisory Commission on June 16th, 2021; and Whereas, all services provided will be to a minimum of 51 % low/moderate income residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreements, authorized by the Community Development Advisory Commission beginning July 7, 2021 for Purchase of Services Grants to the aforementioned organizations be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 6th day of July, 2021. Attest Roy Adrienne N. Breitfel er, City Clerk 04�1 uol, Mayor SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND CONVIVIUM URBAN FARMSTEAD THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of Dubuque (herein called the "City") and Convivium Urban Farmstead (herein called the "Subrecipient"), effective upon the date last signed below. WHEREAS, the City Council has approved the Fiscal Year 2022 budget, allocating $100,000.00 for competitive Purchase of Services Grants for the purpose of providing support for human service programs in the City of Dubuque that further the City's goals, objectives, and priorities; and WHEREAS, the City wishes to engage Subrecipient to assist the City in utilizing such funds to assist Subrecipient with programming, WHEREAS, both the City and the Subrecipient desire to make a written agreement with respect to said funds and the implementation of the project to which they pertain; and WHEREAS, both the City and the Subrecipient certify that the activity will meet the CDBG National Objective of benefit to low- and moderate -income persons, NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed as follows: A. STATEMENT OF WORK 1. Activities The Subrecipient will be responsible for administering a public service, detailed in Exhibit A, in a manner satisfactory to the City and consistent with any standards required as a condition of providing these funds. The scope of activities to be rendered by the Subrecipient as a condition of receiving funds for the Project/Activity pursuant to this Contract is attached as Exhibit A hereto and made a part of this Contract. 2. National Objectives The Subrecipient will carry out the activities funded under this Agreement that meet the CDBG program's National Objective of: 0 Assisting low and moderate -income persons, said income guidelines found in Exhibit B ❑ Aid in the prevention or elimination of slums or blight ❑ Meet community development needs having a particular urgency, as defined in 24 CFR 570.208. ❑ Other (Explain) 3. Project Budget The City agrees, subject to the terms and conditions of this Agreement, to compensate the Subrecipient for the Statement of Work outlined in Exhibit A, providing Free Community Casseroles and expanding neighborhood gardens, not to exceed $25,000.00. 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 City for approval, in a form specified by the City. 4. Reallocations The Subrecipient may reallocate up to ten percent (10%) of the total grant amount received to an eligible activity cost. Such reallocation will be referred to as a revision. The Subrecipient must, prior to the drawdown reflecting the change, contact the City to discuss the reallocation. Any change that results in a cumulative reallocation of ten percent (10%) or more of the total grant, any inclusion of a new activity, deletion of an approved activity, any change in the implementation schedule, or any change in grant terms will require an amendment and prior City approval per Section E (7) of this Agreement. Such reallocation will be referred to as an amendment. Requests for revisions or amendments are due no later than March 31 of the program year. Budget revisions or amendments requested during the final ninety (90) days of the agreement period will be approved by the City only if it determines that the revisions are necessary to complete project activities. 5. Retainage Five percent (5%) of the total grant amount may be retained from payment until such report of audit referenced in Section B (7) of this Agreement, has been provided to, and accepted by the City. No audit fees will be reimbursed by the City. 6. Term and Time of Performance K Services of the Subrecipient shall start on July 1, 2021 and end on June 30, 2022. All the required activities and services, except for audit, will be completed by or before this date. The City may grant extensions at its sole discretion. Only a valid written Amendment to the Agreement shall alter this completion date. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other assets, including program income. 7. Performance Measures and Monitorin In compliance with the Department of Housing & Urban Development's Outcome Performance measurement system (24CFR 91.220(e)) The City will monitor the performance of the Subrecipient against goals and required performance standards. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period after being notified by the City, agreement suspension or termination procedures will be initiated. 8. On Site Monitoring The Subrecipient shall be subject to site visits, desktop monitoring, or other methods of monitoring as deemed necessary by personnel of the City, or a designee of the City or duly authorized officials of federal government, for the purpose of monitoring the Subrecipient's delivery of services and compliance with terms of the agreement and federal standards that pertain to federally funded grant activities. Review may include but are not limited to: agency and program policies, procedures, standards, handbooks and operational documents; accounting books and records for financial management and documentation of program costs such as time sheets and mileage logs; verification records of the persons to participate or benefit from grant funded activities; documentation of report data and other program progress; and records demonstrating procurement procedures and property management. The reviewers will have access to and the right to examine, audit, duplicate, excerpt and/or transcribe any of the Subrecipient's records pertaining to all matters covered by this Agreement. The Subrecipient shall be subject to subsequent site visits to review correction of any deficiencies. B. RECORDS AND REPORTS 1. Maintenance 9 The Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 and by the City that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Records required to determine the eligibility of activities, individuals, or households; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Records documenting compliance with the fair housing and equal opportunity components of the CDBG program, such as f) Financial records as required by 24 CFR Part 570.502, and 24 CFR 84.21-28; g) Other records necessary to document compliance with Subpart K of 24 CFR 570; h) A list of current board members, calendar of upcoming board meetings and minutes of all board meetings; and i) Equity metrics on race, income, and head of household. 2. Retention The Subrecipient agrees to keep the records required by this Agreement. The Subrecipient shall retain all records for a period of five (5) years. The retention period begins on the date of submission of the City's annual performance and evaluation report to HUD in which activities assisted under this agreement are reported for the final time. Records for non -expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. Properties retained shall continue to meet eligibility criteria and shall conform with the "reversion of assets" restrictions specified in Section G of this Agreement. Records for any displaced person must be kept for five (5) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five (5) year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five (5) year period, whichever occurs later. The list of current board members and minutes of all board meetings will be kept on file and maintained at the Subrecipient's main business office as public records. The minutes and board member list shall be available for the public to view during the Subrecipient's normal working hours. Copies may be provided according to the Subrecipient's policy. rd 3. Client Data. Subrecipient shall maintain Client Data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided, racial and ethnic data and single head -of - household data, and any other records pertaining to CDBG funds as required by 2 CFR Part 200. In addition, data will be retained for affordability and income targeting for each household. Such information shall be made available to City monitors or their designees for review upon request. 4. Disclosure. The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the city's or Subrecipient's responsibilities with respect to services provided under this contract may be prohibited by federal or state law unless written consent is obtained from such person receiving service and in the case of a minor, that of a responsible parent/guardian. 5. Reporting Procedures The Subrecipient will submit quarterly reports to the City detailing its activities related to the use of City funds including a performance report and a financial report outlining the use of City funds and shall be submitted no later than the fifteenth (15t") day of October, January, April, and July and a final performance report by July 31st, in such forms as the City requires. In the event a due date for a report falls on a weekend or holiday, the report will be due the next business day. The Subrecipient shall provide information upon request for preparation of the Consolidated Plan, the CAPER, and any other reports or plans required by the City or HUD. 6. Close-out The Subrecipient's obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out 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 City), 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. 7. Audits & Inspections 5 All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the City, its designees or the federal government, at any time during normal business hours, as often as the City or federal government deems necessary to audit, examine, and duplicate or make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within timeframe stipulated by the City. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted by a certified accountant according to Generally Accepted Government Auditing Standards. Agencies that had total expenses less than $150,000 on the audit for the most recently audited fiscal year and had no deficiencies or findings on that audit or subsequent monitoring visits may be eligible to submit an audit every other year subject to written approval from the City. This written approval, if granted, will be included in Exhibit E. Additionally, if the agency meets the thresholds established in 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Subpart F the audit will be performed as a Single Audit. The subrecipient agrees to follow any other audit procedures as established by the City. The completed audit, audited financial statements, schedule of findings, all related reports, the management letter from the auditor to the Subrecipient, and the Subrecipient's response(s) to the auditor (if required by the audit) must be provided to the City within six (6) months of the Subrecipient's fiscal year-end. No audit fees will be reimbursed under this CDBG agreement by the City. 8. Payment a. Maximum Amount and Drawdowns It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not exceed the amount stipulated in Section 3 of this Agreement. Drawdowns for the payment of eligible expenses are reimbursement only and shall be made in accordance with any City policy concerning payments. b. Financial Management System Certification Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The entire amount of allowable grant expenses (including those to be paid with program income) shall be supported by source documentation (e.g., invoices, time sheets, receipts, etc.). The City reserves the right to request any additional documentation, as it deems necessary. c. Reimbursement Schedule The Subrecipient may requisition a reimbursement of expenses. Such reimbursement requests must include proof of payment of the requested expense. Request for salary reimbursement must be within 30 days from end of pay period. Other requests dated within 60 days from date of service/purchase will be accepted. Final request must be submitted by June 15, 2022. C. PROGRAM INCOME The Subrecipient shall report all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds. The documentation, reporting and use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504 and 2 CFR Part 200 for activities permitted under this agreement. Requests for funds shall be reduced by the amount of any such program income balances on hand. Any program income on hand when this Agreement expires, or received after this Agreement's expiration, shall, at the City's discretion, be returned to the City or used by the Subrecipient for eligible activities as identified in an agreement that becomes effective upon expiration of this Agreement. Any interest earned from funds held in a revolving fund account is not program income and shall be remitted to the City which will, in turn, remit it to HUD. D. UNIFORM ADMINISTRATIVE REQUIREMENTS 1. Accounting Standards The Subrecipient agrees to comply with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and agrees to adhere to the accounting principles and procedures required therein, use adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as applicable. These principles shall be applied for all costs incurred. 3. Procurement 7 The Subrecipient shall have its own procurement policies and procedures. Said policies shall meet the requirements of 2 CFR Part 200 Subpart D Procurement Standards. The Subrecipient shall follow Management Standards as modified by 24 CFR 570.502(b) (3) (vi), covering use and disposition of property. 4. Copyright If this Agreement results in any copyrightable material or inventions, the City and/or federal government reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work or materials for government purposes. E. OTHER PROGRAM REQUIREMENTS 1. General Compliance The Subrecipient agrees to comply with the requirements of 24 CFR 570. The Subrecipient also agrees to comply with all other applicable federal, state and local laws, regulations, and policies governing its operations and the funds provided under this Agreement. The Subrecipient agrees to remain current on all applicable taxes, assessments and other governmental charges and to maintain all Subrecipient owned property(ies) in compliance with all applicable City Codes. The Subrecipient further agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. 2. 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 at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. Except for the benefits and stipulated amounts indicated under this Agreement, the City 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. The Subrecipient shall be responsible for hiring all program personnel. All such personnel shall be considered to be employees of the Subrecipient. 3. Hold Harmless and Indemnification The Subrecipient, its agents and any assignees shall agree to hold harmless and indemnify the City and its agents, officials and employees against all suits, claims, damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors or omissions of the Subrecipient. :� 4. Worker's Compensation The Subrecipient shall provide Worker's Compensation Insurance coverage per Iowa State Code, Chapter 85. 5. Insurance & Bondi The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or physical damage. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48 and any applicable state and local requirements for insurance and bonding. Subrecipient shall meet the strictest standard for bonding and insurance coverage. 6. City Recognition The Subrecipient shall insure recognition of the role of the City in providing services through this Agreement. All activities, facilities, and items used pursuant to this Agreement shall be prominently labeled as to funding source. In the event that a program funded through CDBG is described in literature, newspaper articles, TV reports and other public medium, the Subrecipient must give credit to the City and the CDBG program. 7. Amendments The City or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are executed in writing and signed by a duly authorized representative of both organizations. The deadline for amendments in any program year is March 31, unless extended at the sole discretion of the City in extraordinary circumstances. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. The City may amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendment results 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 City and Subrecipient. 8. 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 9 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. 9. Federal, State, and Local Law Applicability By virtue of the federal funding provided for under this agreement, the parties hereto shall be bound by and adhere to all applicable federal, state, and local laws, rules, policies, orders and directions, including by way of specification but not limited to the following: - Title VI of the Civil Rights Act of 1964, as amended; - The Fair Housing Act — Title VI II of the Civil Rights Act of 1968, as amended; - Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended (; - Section 109 of Title I of the Housing and Community Development Act of 1974, as amended; - Section 504 of the Rehabilitation Act of 1973, - The Americans with Disabilities Act of 1990, as amended; - Section 3 of the Housing & Community Development Act of 1968 (12 U.S.C. 1701 u); - The Age Discrimination Act of 1975, as amended; - Executive Order 11063, as amended by Executive Order 12259 (implemented in 24 CFR Part 107); - Executive Order 11246 (as amended by Executive Orders 11375 and 12086) — Equal Opportunity Under HUD contracts and HUD -assisted construction Contracts; - Age Discrimination in Employment Act of 1967, as amended. - Chapter 216 of the Iowa Civil Rights Act of 1965, as amended - The Equal Pay Act of 1963, as amended. - The Civil Rights Act of 1991, as amended - Davis -Bacon Act, as amended, where applicable under Section 110 of the Housing and Community Development Act of 1974, as amended; - Contract Work Hours and Safety Standards Act; - Copeland Anti -Kickback Act; - CARES Act of 2020; - Iowa Civil Rights Act of 1965, as amended; - Dubuque Civil Rights Ordinance, City of Dubuque Code of Ordinances, Title 8, and. - Others as applicable Ef and shall include compliance with these provisions in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subcontractors. 10. Nondiscrimination No person shall be excluded from or denied the benefits of Subrecipient's service or programs or be denied employment on the basis of race, color, religion, creed, sex, sexual orientation, gender identity, national origin, ancestry, age, mental or physical disability, marital status or familial status. The Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination and state that it is an Equal Opportunity or Affirmative Action employer. "�VWYIJ►A1:3d The Subrecipient will use its best efforts to afford minority — and women -owned business enterprises (at least fifty-one (51) percent owned and controlled by minority group member or women) the maximum practicable opportunity to participate in the performance of this Agreement. 12. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Recipient and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 13. Assi .. nay The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the City thereto; provided, however, that claims for money due or to become due from to the subrecipient from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. No real property acquired, improved or otherwise invested in with CDBG funds, including loan portfolios attributable to the use of CDBG funds, may be assigned, transferred or sold without the prior written consent of the City thereto. 14. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 and 2 CFR Part 200 with respect to conflicts of interest. Requests for exceptions, as permitted by federal regulations, must be made in the manner prescribed by the City. 15. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 16. Lobbying The Subrecipient hereby certifies that: a. No federal funds appropriated under this agreement have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement; b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly; 12 d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for such failure. 17. Restrictions The Subrecipient is prohibited from using CDBG funds or personnel employed in the administration of the program for political purposes, or to engage in other partisan political activities, sectarian, or religious activities or nepotism activities. 18. Environmental Standards 24 CFR Part 58; 24 CFR 570.604; and Section 104(g) HCD The Subrecipient agrees to comply with the policies of the National Environmental Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation, risk to health or safety or other undesirable and unintended consequences. 19. Air, Water and Solid Waste The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: - The Clean Air Act, 42 U.S.C. 7401, et seq., as amended. - Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. - Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. - The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et seq., and 21 U.S.C. 349) as amended; - 42, U.S.C. 6901 et seq., as amended. 20. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973, the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes, including rehabilitation. 13 21. Lead -Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead - based paint. 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 (7). 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. 22. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended and the procedures set forth by the Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Office for all rehabilitation and demolition of historic properties that are fifty (50) years old or older or that are included on a federal, state, or local historic property list. F. REMEDIES FOR NON-COMPLIANCE AND TERMINATION 1. Remedies for Noncombliance If the City at any time determines the Subrecipient materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein, the City may use any or all of the remedies allowed under 2 CFR Part 200.338 and 200.339 to ensure compliance. The City may also impose additional specific award conditions as needed at any time to ensure compliance in accordance with 2 CFR Part 200.207. Possible remedies include: a. Warning Issuance of a written warning citing the violation that has occurred, and a deadline when the violation must be remedied if it is still occurring. b. Withholding Payment E, Withholding of funds by the City until the Subrecipient is found to be in compliance by the City. c. Grant Adiustment Adjustment in the payment method or reduction of the grant to the Subrecipient when there is noncompliance and the violation cited has not been remedied as specified. d. Reimbursement Reimbursement by the Subrecipient with non-CDBG funds for CDBG funds which have not been spent in accordance with this Agreement. e. Termination Termination of funds in whole or in part by the City if the Subrecipient materially fails to comply with any term or condition of this Agreement or with any of the rules, regulations or provisions referred to herein, or for cause as allowed in 2 CFR Part 200.339. In the event of termination of this award, in accordance with 2 CFR Part 200.340(c), the information required under the Federal Funding Accountability and Transparency Act (FFATA) must be provided to the Federal Web site established to fulfill the requirements of FFATA, and update or notification must be provided to any other relevant governmentwide systems or entities of any indications of poor performance as required by 41 U.S.C. 417b and 31 U.S.C. 3321 and implementing guidance at 2 CFR Part 77. Additionally, the requirements for Suspension and Debarment at 2 CFR Part 180 may apply. f. Nonparticipation Prohibition of the Subrecipient from future participation in the CDBG program if the Subrecipient has not complied with the action administered by the City. g. Termination for Convenience This Agreement may be terminated in whole or in part by either party upon providing the other party a written, ninety (90) day notice, in which case the City and Subrecipient shall agree upon the termination conditions, including the effective date, the disposition of agreement amounts, and in the case of partial termination the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, and the award is terminated in its entirety, Subrecipient shall promptly repay to the City the full grant amount or that portion of the amount which has been disbursed to Subrecipient prior to such termination. 15 h. Termination due to Loss of Funds This Agreement will terminate in full or in part, at the discretion of the City, in the event the City suffers a loss of funding or termination of the federal funds which permits it to fund this grant. In the event the City suffers such a loss of funding, the City will give the Subrecipient as much written notice as possible which will set forth the effective date of full or partial termination, or if a change in funding is required, setting forth the change in funding and the changes in approved budget. G. REVERSION OF ASSETS 1. Program Assets Reversion Upon the expiration of this Agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this Agreement, unless addressed under another agreement as provided in Section C. 2. Real Property Reversion Any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the Subrecipient in the form of a loan) in excess of $25,000 shall comply with either of the following: a. National Objective Compliance Used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by the City; or b. National Objective Noncompliance Not used in accordance with Section G (2) (a) of this Agreement, in which event the Subrecipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the City. (No payment is required after the period of time specified in Section G (2) (a) of this Agreement.) H. MISCELLANEOUS 16 1. Subrecipient Legal Authority By using this Agreement, the Subrecipient warrants and represents that it has the requisite authority and capacity to perform all terms and conditions on Subrecipient's part to be performed hereunder. a. No conditions or provisions of this Agreement can be waived unless approved by the City in writing. b. The City's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon breach will not constitute a waiver of any rights under this Agreement. 3. Designation of Officials City designates the City Manager or the City Manager's designee as its authorized representative with respect to the work to be performed under this Agreement including, but not limited to, the ability to execute any changes in the terms, conditions, or amounts specified in this Agreement . The Board Chair of the Subrecipient or designee is the official authorized to execute any changes in the terms, conditions or amounts specified in this Agreement. 4. Special Conditions for Release of Funds Funding of the amount stipulated in Section 3 will not be released to the Subrecipient by the City until the Subrecipient demonstrates compliance with the Section D (1). 5. Duplication of Benefits, CARES Act. Subrecipient understands the 2020 CARES Act requires the City to monitor and track assistance awards and if City identifies a duplication of benefits provided to Subrecipient, Subrecipient agrees to repay assistance that is determined to be duplicative. 6. Code of Conduct The City expects that Subrecipients and any subcontractors of Subrecipients to demonstrate courtesy, consideration and promptness in dealing with the public, program participants, the City, and other governmental agencies. 7. Agreement Coverage 17 This instrument along with any Exhibits and the grant application contain the entire agreement between the parties. Any statements, inducements or promises not contained will not be binding upon the parties. This Agreement will be binding upon the successors in office of the respective parties. 8. 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. 9. Notice to Proceed The City will issue a Notice to Proceed to the Subrecipient to incur costs relative to the program implementation. 10. Exhibits. All Exhibits are hereby incorporated into this Agreement. 11. Notices Notices required by this Agreement shall be in writing and delivered via mail, commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. City Madeline Haverland Community Development Specialist Housing & Community Dev. Dept 350 W. 6th Street, Suite 312 Dubuque, IA 52001 Subrecipient Leslie Shalabi Convivium Urban Farmstead 2811 Jackson Street Dubuque, IA 52001 12. Compliance with Laws. Subrecipient shall be responsible for laws at the federal, state, and local level. 13. Governing Law. This Agreement is a contract executed under and to be construed under the laws of the State of Iowa. Any legal action arising out of or related to this Lease shall be brought in a court of competent jurisdiction in Dubuque County, Iowa. 14. Section Headings and Subheadings. :R 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. 15. CONTRACTOR WARRANTIES/GUARANTEES Contractors shall guarantee and warranty the work done pursuant to a CDBG project for a period of two (2) years. In addition, Contractor shall furnish property owners with all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under the contract. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day of July 6, 2021. CITY OF DUBUQUE. IOWA, 50 W 13rh Street Dubuque, owwa 52001 V( 4/ Signatur Roy D. Buol Printed Name Mayor Convivium Urban Farmstead, Subrecipient 2811 Jackson St. Dubuque, IA 52001 i Signature Executive Director t, esl/,? SAa�a�<' Printed Name Executive Director Signature Chair, Board of Directors Printed Name Chair, Board of Directors 19 LIST OF EXHIBITS EXHIBIT A STATEMENT OF WORK EXHIBIT B INCOME GUIDELINES EXHIBIT A STATEMENT OF WORK Convivium Urban Farmstead will provide the following services: - Continue and expand the Free Casseroles for Community program, - Provide approximately 1,000 fully cooked meals to 185 families each week, - Expand neighborhood garden space to grow vegetables for this purpose. Limited Clientele activities benefit a specific targeted group of persons of which at least 51 percent must be LMI. In order to meet the LMI Limited Clientele criteria, the activity must: — Serve at least 51 percent LMI, as evidenced by documentation and data concerning beneficiary family size and income; — Have income -eligibility requirements which limit the service to persons meeting the LMI income requirement, as evidenced by the administering agency's procedures, intake/application forms, income limits, and other sources of documentation; — Serve a group primarily presumed to be LMI such as abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers; or — Be of such a nature and in a location that it may be concluded that the activity's clientele are LMI. EXHIBIT B INCOME GUIDELINES CITY OF DUBUQUE, IA 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 June 1, 2021 for the Dubuque Metropolitan Area are as follows: Household Size Below 30% AMI Below 50% AMI Below 80% AMI Above 80% AMI Family Size 1: <$16,600 <$27,600 <$44,150 >$44,150 Family Size 2: <$18,950 <$31,550 <$50,450 >$50,450 Family Size 3: <$21,300 <$35,500 <$56,750 >$56,750 Family Size 4 <$23,650 <$39,400 <$63,050 >$63,050 Family Size 5: <$25,550 <$42,600 <$68,100 >$68,100 Family Size 6: <$27,450 <$45,750 <$73,150 >$73,150 Family Size 7: <$29,350 <$48,900 <$78,200 >$78,200 Family Size 8: <$31,250 <$52,050 <$83,250 >$83,250 Income limits for CDBG funded programs can be found on the HUD Exchange https://www.hudexchange.info/resource/5334/cdbq-income-limits/ Organizations required to verify income are encouraged to use the CPD Income Eligibility Calculator at https://www.hudexchange.info/incomecalculator/ SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND MARITA THEISEN CHILDCARE CENTER AT STEEPLE SQUARE THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of Dubuque (herein called the "City") and Marita Theisen Childcare Center at Steeple Square (herein called the "Subrecipient"), effective upon the date last signed below. WHEREAS, the City Council has approved the Fiscal Year 2022 budget, allocating $100,000.00 for competitive Purchase of Services Grants for the purpose of providing support for human service programs in the City of Dubuque that further the City's goals, objectives, and priorities; and WHEREAS, the City wishes to engage Subrecipient to assist the City in utilizing such funds to assist Subrecipient with programming, WHEREAS, both the City and the Subrecipient desire to make a written agreement with respect to said funds and the implementation of the project to which they pertain; and WHEREAS, both the City and the Subrecipient certify that the activity will meet the CDBG National Objective of benefit to low- and moderate -income persons, NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed as follows: A. STATEMENT OF WORK 1. Activities The Subrecipient will be responsible for administering a public service, detailed in Exhibit A, in a manner satisfactory to the City and consistent with any standards required as a condition of providing these funds. The scope of activities to be rendered by the Subrecipient as a condition of receiving funds for the Project/Activity pursuant to this Contract is attached as Exhibit A hereto and made a part of this Contract. 2. National Objectives The Subrecipient will carry out the activities funded under this Agreement that meet the CDBG program's National Objective of: 0 Assisting low and moderate -income persons, said income guidelines found in Exhibit B ❑ Aid in the prevention or elimination of slums or blight ❑ Meet community development needs having a particular urgency, as defined in 24 CFR 570.208. ❑ Other (Explain) 3. Project Budget The City agrees, subject to the terms and conditions of this Agreement, to compensate the Subrecipient for the Statement of Work outlined in Exhibit A, providing childcare services and contributing to the local workforce by increasing wages for employees, not to exceed $10,000.00. 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 City for approval, in a form specified by the City. 4. Reallocations The Subrecipient may reallocate up to ten percent (10%) of the total grant amount received to an eligible activity cost. Such reallocation will be referred to as a revision. The Subrecipient must, prior to the drawdown reflecting the change, contact the City to discuss the reallocation. Any change that results in a cumulative reallocation of ten percent (10%) or more of the total grant, any inclusion of a new activity, deletion of an approved activity, any change in the implementation schedule, or any change in grant terms will require an amendment and prior City approval per Section E (7) of this Agreement. Such reallocation will be referred to as an amendment. Requests for revisions or amendments are due no later than March 31 of the program year. Budget revisions or amendments requested during the final ninety (90) days of the agreement period will be approved by the City only if it determines that the revisions are necessary to complete project activities. 5. Retainage Five percent (5%) of the total grant amount may be retained from payment until such report of audit referenced in Section B (7) of this Agreement, has been provided to, and accepted by the City. No audit fees will be reimbursed by the City. 6. Term and Time of Performance K Services of the Subrecipient shall start on July 1, 2021 and end on June 30, 2022. All the required activities and services, except for audit, will be completed by or before this date. The City may grant extensions at its sole discretion. Only a valid written Amendment to the Agreement shall alter this completion date. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other assets, including program income. 7. Performance Measures and Monitorin In compliance with the Department of Housing & Urban Development's Outcome Performance measurement system (24CFR 91.220(e)) The City will monitor the performance of the Subrecipient against goals and required performance standards. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period after being notified by the City, agreement suspension or termination procedures will be initiated. 8. On Site Monitoring The Subrecipient shall be subject to site visits, desktop monitoring, or other methods of monitoring as deemed necessary by personnel of the City, or a designee of the City or duly authorized officials of federal government, for the purpose of monitoring the Subrecipient's delivery of services and compliance with terms of the agreement and federal standards that pertain to federally funded grant activities. Review may include but are not limited to: agency and program policies, procedures, standards, handbooks and operational documents; accounting books and records for financial management and documentation of program costs such as time sheets and mileage logs; verification records of the persons to participate or benefit from grant funded activities; documentation of report data and other program progress; and records demonstrating procurement procedures and property management. The reviewers will have access to and the right to examine, audit, duplicate, excerpt and/or transcribe any of the Subrecipient's records pertaining to all matters covered by this Agreement. The Subrecipient shall be subject to subsequent site visits to review correction of any deficiencies. B. RECORDS AND REPORTS 1. Maintenance 9 The Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 and by the City that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Records required to determine the eligibility of activities, individuals, or households; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Records documenting compliance with the fair housing and equal opportunity components of the CDBG program, such as f) Financial records as required by 24 CFR Part 570.502, and 24 CFR 84.21-28; g) Other records necessary to document compliance with Subpart K of 24 CFR 570; h) A list of current board members, calendar of upcoming board meetings and minutes of all board meetings; and i) Equity metrics on race, income, and head of household. 2. Retention The Subrecipient agrees to keep the records required by this Agreement. The Subrecipient shall retain all records for a period of five (5) years. The retention period begins on the date of submission of the City's annual performance and evaluation report to HUD in which activities assisted under this agreement are reported for the final time. Records for non -expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. Properties retained shall continue to meet eligibility criteria and shall conform with the "reversion of assets" restrictions specified in Section G of this Agreement. Records for any displaced person must be kept for five (5) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five (5) year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five (5) year period, whichever occurs later. The list of current board members and minutes of all board meetings will be kept on file and maintained at the Subrecipient's main business office as public records. The minutes and board member list shall be available for the public to view during the Subrecipient's normal working hours. Copies may be provided according to the Subrecipient's policy. rd 3. Client Data. Subrecipient shall maintain Client Data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided, racial and ethnic data and single head -of - household data, and any other records pertaining to CDBG funds as required by 2 CFR Part 200. In addition, data will be retained for affordability and income targeting for each household. Such information shall be made available to City monitors or their designees for review upon request. 4. Disclosure. The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the city's or Subrecipient's responsibilities with respect to services provided under this contract may be prohibited by federal or state law unless written consent is obtained from such person receiving service and in the case of a minor, that of a responsible parent/guardian. 5. Reporting Procedures The Subrecipient will submit quarterly reports to the City detailing its activities related to the use of City funds including a performance report and a financial report outlining the use of City funds and shall be submitted no later than the fifteenth (15t") day of October, January, April, and July and a final performance report by July 31st, in such forms as the City requires. In the event a due date for a report falls on a weekend or holiday, the report will be due the next business day. The Subrecipient shall provide information upon request for preparation of the Consolidated Plan, the CAPER, and any other reports or plans required by the City or HUD. 6. Close-out The Subrecipient's obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out 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 City), 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. 7. Audits & Inspections 5 All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the City, its designees or the federal government, at any time during normal business hours, as often as the City or federal government deems necessary to audit, examine, and duplicate or make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within timeframe stipulated by the City. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted by a certified accountant according to Generally Accepted Government Auditing Standards. Agencies that had total expenses less than $150,000 on the audit for the most recently audited fiscal year and had no deficiencies or findings on that audit or subsequent monitoring visits may be eligible to submit an audit every other year subject to written approval from the City. This written approval, if granted, will be included in Exhibit E. Additionally, if the agency meets the thresholds established in 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Subpart F the audit will be performed as a Single Audit. The subrecipient agrees to follow any other audit procedures as established by the City. The completed audit, audited financial statements, schedule of findings, all related reports, the management letter from the auditor to the Subrecipient, and the Subrecipient's response(s) to the auditor (if required by the audit) must be provided to the City within six (6) months of the Subrecipient's fiscal year-end. No audit fees will be reimbursed under this CDBG agreement by the City. 8. Payment a. Maximum Amount and Drawdowns It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not exceed the amount stipulated in Section 3 of this Agreement. Drawdowns for the payment of eligible expenses are reimbursement only and shall be made in accordance with any City policy concerning payments. b. Financial Management System Certification Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The entire amount of allowable grant expenses (including those to be paid with program income) shall be supported by source documentation (e.g., invoices, time sheets, receipts, etc.). The City reserves the right to request any additional documentation, as it deems necessary. c. Reimbursement Schedule The Subrecipient may requisition a reimbursement of expenses. Such reimbursement requests must include proof of payment of the requested expense. Request for salary reimbursement must be within 30 days from end of pay period. Other requests dated within 60 days from date of service/purchase will be accepted. Final request must be submitted by June 15, 2022. C. PROGRAM INCOME The Subrecipient shall report all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds. The documentation, reporting and use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504 and 2 CFR Part 200 for activities permitted under this agreement. Requests for funds shall be reduced by the amount of any such program income balances on hand. Any program income on hand when this Agreement expires, or received after this Agreement's expiration, shall, at the City's discretion, be returned to the City or used by the Subrecipient for eligible activities as identified in an agreement that becomes effective upon expiration of this Agreement. Any interest earned from funds held in a revolving fund account is not program income and shall be remitted to the City which will, in turn, remit it to HUD. D. UNIFORM ADMINISTRATIVE REQUIREMENTS 1. Accounting Standards The Subrecipient agrees to comply with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and agrees to adhere to the accounting principles and procedures required therein, use adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as applicable. These principles shall be applied for all costs incurred. 3. Procurement 7 The Subrecipient shall have its own procurement policies and procedures. Said policies shall meet the requirements of 2 CFR Part 200 Subpart D Procurement Standards. The Subrecipient shall follow Management Standards as modified by 24 CFR 570.502(b) (3) (vi), covering use and disposition of property. 4. Copyright If this Agreement results in any copyrightable material or inventions, the City and/or federal government reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work or materials for government purposes. E. OTHER PROGRAM REQUIREMENTS 1. General Compliance The Subrecipient agrees to comply with the requirements of 24 CFR 570. The Subrecipient also agrees to comply with all other applicable federal, state and local laws, regulations, and policies governing its operations and the funds provided under this Agreement. The Subrecipient agrees to remain current on all applicable taxes, assessments and other governmental charges and to maintain all Subrecipient owned property(ies) in compliance with all applicable City Codes. The Subrecipient further agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. 2. 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 at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. Except for the benefits and stipulated amounts indicated under this Agreement, the City 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. The Subrecipient shall be responsible for hiring all program personnel. All such personnel shall be considered to be employees of the Subrecipient. 3. Hold Harmless and Indemnification The Subrecipient, its agents and any assignees shall agree to hold harmless and indemnify the City and its agents, officials and employees against all suits, claims, damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors or omissions of the Subrecipient. :� 4. Worker's Compensation The Subrecipient shall provide Worker's Compensation Insurance coverage per Iowa State Code, Chapter 85. 5. Insurance & Bondi The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or physical damage. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48 and any applicable state and local requirements for insurance and bonding. Subrecipient shall meet the strictest standard for bonding and insurance coverage. 6. City Recognition The Subrecipient shall insure recognition of the role of the City in providing services through this Agreement. All activities, facilities, and items used pursuant to this Agreement shall be prominently labeled as to funding source. In the event that a program funded through CDBG is described in literature, newspaper articles, TV reports and other public medium, the Subrecipient must give credit to the City and the CDBG program. 7. Amendments The City or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are executed in writing and signed by a duly authorized representative of both organizations. The deadline for amendments in any program year is March 31, unless extended at the sole discretion of the City in extraordinary circumstances. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. The City may amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendment results 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 City and Subrecipient. 8. 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 9 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. 9. Federal, State, and Local Law Applicability By virtue of the federal funding provided for under this agreement, the parties hereto shall be bound by and adhere to all applicable federal, state, and local laws, rules, policies, orders and directions, including by way of specification but not limited to the following: - Title VI of the Civil Rights Act of 1964, as amended; - The Fair Housing Act — Title VI II of the Civil Rights Act of 1968, as amended; - Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended (; - Section 109 of Title I of the Housing and Community Development Act of 1974, as amended; - Section 504 of the Rehabilitation Act of 1973, - The Americans with Disabilities Act of 1990, as amended; - Section 3 of the Housing & Community Development Act of 1968 (12 U.S.C. 1701 u); - The Age Discrimination Act of 1975, as amended; - Executive Order 11063, as amended by Executive Order 12259 (implemented in 24 CFR Part 107); - Executive Order 11246 (as amended by Executive Orders 11375 and 12086) — Equal Opportunity Under HUD contracts and HUD -assisted construction Contracts; - Age Discrimination in Employment Act of 1967, as amended. - Chapter 216 of the Iowa Civil Rights Act of 1965, as amended - The Equal Pay Act of 1963, as amended. - The Civil Rights Act of 1991, as amended - Davis -Bacon Act, as amended, where applicable under Section 110 of the Housing and Community Development Act of 1974, as amended; - Contract Work Hours and Safety Standards Act; - Copeland Anti -Kickback Act; - CARES Act of 2020; - Iowa Civil Rights Act of 1965, as amended; - Dubuque Civil Rights Ordinance, City of Dubuque Code of Ordinances, Title 8, and. - Others as applicable Ef and shall include compliance with these provisions in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subcontractors. 10. Nondiscrimination No person shall be excluded from or denied the benefits of Subrecipient's service or programs or be denied employment on the basis of race, color, religion, creed, sex, sexual orientation, gender identity, national origin, ancestry, age, mental or physical disability, marital status or familial status. The Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination and state that it is an Equal Opportunity or Affirmative Action employer. "�VWYIJ►A1:3d The Subrecipient will use its best efforts to afford minority — and women -owned business enterprises (at least fifty-one (51) percent owned and controlled by minority group member or women) the maximum practicable opportunity to participate in the performance of this Agreement. 12. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Recipient and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 13. Assi .. nay The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the City thereto; provided, however, that claims for money due or to become due from to the subrecipient from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. No real property acquired, improved or otherwise invested in with CDBG funds, including loan portfolios attributable to the use of CDBG funds, may be assigned, transferred or sold without the prior written consent of the City thereto. 14. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 and 2 CFR Part 200 with respect to conflicts of interest. Requests for exceptions, as permitted by federal regulations, must be made in the manner prescribed by the City. 15. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 16. Lobbying The Subrecipient hereby certifies that: a. No federal funds appropriated under this agreement have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement; b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly; 12 d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for such failure. 17. Restrictions The Subrecipient is prohibited from using CDBG funds or personnel employed in the administration of the program for political purposes, or to engage in other partisan political activities, sectarian, or religious activities or nepotism activities. 18. Environmental Standards 24 CFR Part 58; 24 CFR 570.604; and Section 104(g) HCD The Subrecipient agrees to comply with the policies of the National Environmental Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation, risk to health or safety or other undesirable and unintended consequences. 19. Air, Water and Solid Waste The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: - The Clean Air Act, 42 U.S.C. 7401, et seq., as amended. - Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. - Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. - The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et seq., and 21 U.S.C. 349) as amended; - 42, U.S.C. 6901 et seq., as amended. 20. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973, the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes, including rehabilitation. 13 21. Lead -Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead - based paint. 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 (7). 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. 22. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended and the procedures set forth by the Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Office for all rehabilitation and demolition of historic properties that are fifty (50) years old or older or that are included on a federal, state, or local historic property list. F. REMEDIES FOR NON-COMPLIANCE AND TERMINATION 1. Remedies for Noncombliance If the City at any time determines the Subrecipient materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein, the City may use any or all of the remedies allowed under 2 CFR Part 200.338 and 200.339 to ensure compliance. The City may also impose additional specific award conditions as needed at any time to ensure compliance in accordance with 2 CFR Part 200.207. Possible remedies include: a. Warning Issuance of a written warning citing the violation that has occurred, and a deadline when the violation must be remedied if it is still occurring. b. Withholding Payment E, Withholding of funds by the City until the Subrecipient is found to be in compliance by the City. c. Grant Adiustment Adjustment in the payment method or reduction of the grant to the Subrecipient when there is noncompliance and the violation cited has not been remedied as specified. d. Reimbursement Reimbursement by the Subrecipient with non-CDBG funds for CDBG funds which have not been spent in accordance with this Agreement. e. Termination Termination of funds in whole or in part by the City if the Subrecipient materially fails to comply with any term or condition of this Agreement or with any of the rules, regulations or provisions referred to herein, or for cause as allowed in 2 CFR Part 200.339. In the event of termination of this award, in accordance with 2 CFR Part 200.340(c), the information required under the Federal Funding Accountability and Transparency Act (FFATA) must be provided to the Federal Web site established to fulfill the requirements of FFATA, and update or notification must be provided to any other relevant governmentwide systems or entities of any indications of poor performance as required by 41 U.S.C. 417b and 31 U.S.C. 3321 and implementing guidance at 2 CFR Part 77. Additionally, the requirements for Suspension and Debarment at 2 CFR Part 180 may apply. f. Nonparticipation Prohibition of the Subrecipient from future participation in the CDBG program if the Subrecipient has not complied with the action administered by the City. g. Termination for Convenience This Agreement may be terminated in whole or in part by either party upon providing the other party a written, ninety (90) day notice, in which case the City and Subrecipient shall agree upon the termination conditions, including the effective date, the disposition of agreement amounts, and in the case of partial termination the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, and the award is terminated in its entirety, Subrecipient shall promptly repay to the City the full grant amount or that portion of the amount which has been disbursed to Subrecipient prior to such termination. 15 h. Termination due to Loss of Funds This Agreement will terminate in full or in part, at the discretion of the City, in the event the City suffers a loss of funding or termination of the federal funds which permits it to fund this grant. In the event the City suffers such a loss of funding, the City will give the Subrecipient as much written notice as possible which will set forth the effective date of full or partial termination, or if a change in funding is required, setting forth the change in funding and the changes in approved budget. G. REVERSION OF ASSETS 1. Program Assets Reversion Upon the expiration of this Agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this Agreement, unless addressed under another agreement as provided in Section C. 2. Real Property Reversion Any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the Subrecipient in the form of a loan) in excess of $25,000 shall comply with either of the following: a. National Objective Compliance Used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by the City; or b. National Objective Noncompliance Not used in accordance with Section G (2) (a) of this Agreement, in which event the Subrecipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the City. (No payment is required after the period of time specified in Section G (2) (a) of this Agreement.) H. MISCELLANEOUS 16 1. Subrecipient Legal Authority By using this Agreement, the Subrecipient warrants and represents that it has the requisite authority and capacity to perform all terms and conditions on Subrecipient's part to be performed hereunder. a. No conditions or provisions of this Agreement can be waived unless approved by the City in writing. b. The City's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon breach will not constitute a waiver of any rights under this Agreement. 3. Designation of Officials City designates the City Manager or the City Manager's designee as its authorized representative with respect to the work to be performed under this Agreement including, but not limited to, the ability to execute any changes in the terms, conditions, or amounts specified in this Agreement . The Board Chair of the Subrecipient or designee is the official authorized to execute any changes in the terms, conditions or amounts specified in this Agreement. 4. Special Conditions for Release of Funds Funding of the amount stipulated in Section 3 will not be released to the Subrecipient by the City until the Subrecipient demonstrates compliance with the Section D (1). 5. Duplication of Benefits, CARES Act. Subrecipient understands the 2020 CARES Act requires the City to monitor and track assistance awards and if City identifies a duplication of benefits provided to Subrecipient, Subrecipient agrees to repay assistance that is determined to be duplicative. 6. Code of Conduct The City expects that Subrecipients and any subcontractors of Subrecipients to demonstrate courtesy, consideration and promptness in dealing with the public, program participants, the City, and other governmental agencies. 7. Agreement Coverage 17 This instrument along with any Exhibits and the grant application contain the entire agreement between the parties. Any statements, inducements or promises not contained will not be binding upon the parties. This Agreement will be binding upon the successors in office of the respective parties. 8. 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. 9. Notice to Proceed The City will issue a Notice to Proceed to the Subrecipient to incur costs relative to the program implementation. 10. Exhibits. All Exhibits are hereby incorporated into this Agreement. 11. Notices Notices required by this Agreement shall be in writing and delivered via mail, commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. City Madeline Haverland Community Development Specialist Housing & Community Dev. Dept 350 W. 6th Street, Suite 312 Dubuque, IA 52001 Subrecipient Judy Wolf Marita Theisen Childcare Center 1584 White St. Dubuque, IA 52001 12. Compliance with Laws. Subrecipient shall be responsible for laws at the federal, state, and local level. 13. Governing Law. This Agreement is a contract executed under and to be construed under the laws of the State of Iowa. Any legal action arising out of or related to this Lease shall be brought in a court of competent jurisdiction in Dubuque County, Iowa. 14. Section Headings and Subheadings. :R The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms ofthis Agreement. 15. CONTRACTOR WARRANTIES/GUARANTEES Contractors shall guarantee and warranty the work done pursuant to a CDBG project for a period of two (2) years. In addition, Contractor shall furnish property owners with all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under the contract. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day of July 6, 2021. CITY OF DUBUQUE, IOWA, Marita Theisen Childcare Center, Subrecipient 50 W 13"' Street 600 Star Brewery Dr., Suite 300 Dubuque, Iowa 52001 Dubuque, IA 52001 Signatu Roy D. Buol Printed Name Mayor Ikm Signature Executive Director N/A Printed Name Executive Director wo-If Signature Chair, Board of Directors Judy Wolf Printed Name Chair, Board of Directors 19 LIST OF EXHIBITS EXHIBIT A STATEMENT OF WORK EXHIBIT B INCOME GUIDELINES EXHIBIT A STATEMENT OF WORK Marita Theisen Childcare Center at Steeple Square will provide the following services: - Provide affordable childcare services in Dubuque's urban center to low- income families, - Contribute to local workforce development and economic mobility by increasing wages for staff providing childcare services. Limited Clientele activities benefit a specific targeted group of persons of which at least 51 percent must be LMI. In order to meet the LMI Limited Clientele criteria, the activity must: — Serve at least 51 percent LMI, as evidenced by documentation and data concerning beneficiary family size and income; — Have income -eligibility requirements which limit the service to persons meeting the LMI income requirement, as evidenced by the administering agency's procedures, intake/application forms, income limits, and other sources of documentation; — Serve a group primarily presumed to be LMI such as abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers; or — Be of such a nature and in a location that it may be concluded that the activity's clientele are LMI. EXHIBIT B INCOME GUIDELINES CITY OF DUBUQUE, IA 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 June 1, 2021 for the Dubuque Metropolitan Area are as follows: Household Size Below 30% AMI Below 50% AMI Below 80% AMI Above 80% AMI Family Size 1: <$16,600 <$27,600 <$44,150 >$44,150 Family Size 2: <$18,950 <$31,550 <$50,450 >$50,450 Family Size 3: <$21,300 <$35,500 <$56,750 >$56,750 Family Size 4 <$23,650 <$39,400 <$63,050 >$63,050 Family Size 5: <$25,550 <$42,600 <$68,100 >$68,100 Family Size 6: <$27,450 <$45,750 <$73,150 >$73,150 Family Size 7: <$29,350 <$48,900 <$78,200 >$78,200 Family Size 8: <$31,250 <$52,050 <$83,250 >$83,250 Income limits for CDBG funded programs can be found on the HUD Exchange https://www.hudexchange.info/resource/5334/cdbq-income-limits/ Organizations required to verify income are encouraged to use the CPD Income Eligibility Calculator at https://www.hudexchange.info/incomecalculator/ SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND PROJECT ROOTED THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of Dubuque (herein called the "City") and Project Rooted (herein called the "Subrecipient"), effective upon the date last signed below. WHEREAS, the City Council has approved the Fiscal Year 2022 budget, allocating $100,000.00 for competitive Purchase of Services Grants for the purpose of providing support for human service programs in the City of Dubuque that further the City's goals, objectives, and priorities; and WHEREAS, the City wishes to engage Subrecipient to assist the City in utilizing such funds to assist Subrecipient with programming, WHEREAS, both the City and the Subrecipient desire to make a written agreement with respect to said funds and the implementation of the project to which they pertain; and WHEREAS, both the City and the Subrecipient certify that the activity will meet the CDBG National Objective of benefit to low- and moderate -income persons, NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed as follows: A. STATEMENT OF WORK 1. Activities The Subrecipient will be responsible for administering a public service, detailed in Exhibit A, in a manner satisfactory to the City and consistent with any standards required as a condition of providing these funds. The scope of activities to be rendered by the Subrecipient as a condition of receiving funds for the Project/Activity pursuant to this Contract is attached as Exhibit A hereto and made a part of this Contract. 2. National Objectives The Subrecipient will carry out the activities funded under this Agreement that meet the CDBG program's National Objective of: 0 Assisting low and moderate -income persons, said income guidelines found in Exhibit B ❑ Aid in the prevention or elimination of slums or blight ❑ Meet community development needs having a particular urgency, as defined in 24 CFR 570.208. ❑ Other (Explain) 3. Project Budget The City agrees, subject to the terms and conditions of this Agreement, to compensate the Subrecipient for the Statement of Work outlined in Exhibit A, providing Rooted Pantries and educational resources to children, not to exceed $2,375.00. 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 City for approval, in a form specified by the City. 4. Reallocations The Subrecipient may reallocate up to ten percent (10%) of the total grant amount received to an eligible activity cost. Such reallocation will be referred to as a revision. The Subrecipient must, prior to the drawdown reflecting the change, contact the City to discuss the reallocation. Any change that results in a cumulative reallocation of ten percent (10%) or more of the total grant, any inclusion of a new activity, deletion of an approved activity, any change in the implementation schedule, or any change in grant terms will require an amendment and prior City approval per Section E (7) of this Agreement. Such reallocation will be referred to as an amendment. Requests for revisions or amendments are due no later than March 31 of the program year. Budget revisions or amendments requested during the final ninety (90) days of the agreement period will be approved by the City only if it determines that the revisions are necessary to complete project activities. 5. Retainage Five percent (5%) of the total grant amount may be retained from payment until such report of audit referenced in Section B (7) of this Agreement, has been provided to, and accepted by the City. No audit fees will be reimbursed by the City. 6. Term and Time of Performance K Services of the Subrecipient shall start on July 1, 2021 and end on June 30, 2022. All the required activities and services, except for audit, will be completed by or before this date. The City may grant extensions at its sole discretion. Only a valid written Amendment to the Agreement shall alter this completion date. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other assets, including program income. 7. Performance Measures and Monitorin In compliance with the Department of Housing & Urban Development's Outcome Performance measurement system (24CFR 91.220(e)) The City will monitor the performance of the Subrecipient against goals and required performance standards. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period after being notified by the City, agreement suspension or termination procedures will be initiated. 8. On Site Monitoring The Subrecipient shall be subject to site visits, desktop monitoring, or other methods of monitoring as deemed necessary by personnel of the City, or a designee of the City or duly authorized officials of federal government, for the purpose of monitoring the Subrecipient's delivery of services and compliance with terms of the agreement and federal standards that pertain to federally funded grant activities. Review may include but are not limited to: agency and program policies, procedures, standards, handbooks and operational documents; accounting books and records for financial management and documentation of program costs such as time sheets and mileage logs; verification records of the persons to participate or benefit from grant funded activities; documentation of report data and other program progress; and records demonstrating procurement procedures and property management. The reviewers will have access to and the right to examine, audit, duplicate, excerpt and/or transcribe any of the Subrecipient's records pertaining to all matters covered by this Agreement. The Subrecipient shall be subject to subsequent site visits to review correction of any deficiencies. B. RECORDS AND REPORTS 1. Maintenance 9 The Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 and by the City that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Records required to determine the eligibility of activities, individuals, or households; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Records documenting compliance with the fair housing and equal opportunity components of the CDBG program, such as f) Financial records as required by 24 CFR Part 570.502, and 24 CFR 84.21-28; g) Other records necessary to document compliance with Subpart K of 24 CFR 570; h) A list of current board members, calendar of upcoming board meetings and minutes of all board meetings; and i) Equity metrics on race, income, and head of household. 2. Retention The Subrecipient agrees to keep the records required by this Agreement. The Subrecipient shall retain all records for a period of five (5) years. The retention period begins on the date of submission of the City's annual performance and evaluation report to HUD in which activities assisted under this agreement are reported for the final time. Records for non -expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. Properties retained shall continue to meet eligibility criteria and shall conform with the "reversion of assets" restrictions specified in Section G of this Agreement. Records for any displaced person must be kept for five (5) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five (5) year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five (5) year period, whichever occurs later. The list of current board members and minutes of all board meetings will be kept on file and maintained at the Subrecipient's main business office as public records. The minutes and board member list shall be available for the public to view during the Subrecipient's normal working hours. Copies may be provided according to the Subrecipient's policy. rd 3. Client Data. Subrecipient shall maintain Client Data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided, racial and ethnic data and single head -of - household data, and any other records pertaining to CDBG funds as required by 2 CFR Part 200. In addition, data will be retained for affordability and income targeting for each household. Such information shall be made available to City monitors or their designees for review upon request. 4. Disclosure. The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the city's or Subrecipient's responsibilities with respect to services provided under this contract may be prohibited by federal or state law unless written consent is obtained from such person receiving service and in the case of a minor, that of a responsible parent/guardian. 5. Reporting Procedures The Subrecipient will submit quarterly reports to the City detailing its activities related to the use of City funds including a performance report and a financial report outlining the use of City funds and shall be submitted no later than the fifteenth (15t") day of October, January, April, and July and a final performance report by July 31st, in such forms as the City requires. In the event a due date for a report falls on a weekend or holiday, the report will be due the next business day. The Subrecipient shall provide information upon request for preparation of the Consolidated Plan, the CAPER, and any other reports or plans required by the City or HUD. 6. Close-out The Subrecipient's obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out 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 City), 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. 7. Audits & Inspections 5 All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the City, its designees or the federal government, at any time during normal business hours, as often as the City or federal government deems necessary to audit, examine, and duplicate or make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within timeframe stipulated by the City. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted by a certified accountant according to Generally Accepted Government Auditing Standards. Agencies that had total expenses less than $150,000 on the audit for the most recently audited fiscal year and had no deficiencies or findings on that audit or subsequent monitoring visits may be eligible to submit an audit every other year subject to written approval from the City. This written approval, if granted, will be included in Exhibit E. Additionally, if the agency meets the thresholds established in 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Subpart F the audit will be performed as a Single Audit. The subrecipient agrees to follow any other audit procedures as established by the City. The completed audit, audited financial statements, schedule of findings, all related reports, the management letter from the auditor to the Subrecipient, and the Subrecipient's response(s) to the auditor (if required by the audit) must be provided to the City within six (6) months of the Subrecipient's fiscal year-end. No audit fees will be reimbursed under this CDBG agreement by the City. 8. Payment a. Maximum Amount and Drawdowns It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not exceed the amount stipulated in Section 3 of this Agreement. Drawdowns for the payment of eligible expenses are reimbursement only and shall be made in accordance with any City policy concerning payments. b. Financial Management System Certification Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The entire amount of allowable grant expenses (including those to be paid with program income) shall be supported by source documentation (e.g., invoices, time sheets, receipts, etc.). The City reserves the right to request any additional documentation, as it deems necessary. c. Reimbursement Schedule The Subrecipient may requisition a reimbursement of expenses. Such reimbursement requests must include proof of payment of the requested expense. Request for salary reimbursement must be within 30 days from end of pay period. Other requests dated within 60 days from date of service/purchase will be accepted. Final request must be submitted by June 15, 2022. C. PROGRAM INCOME The Subrecipient shall report all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds. The documentation, reporting and use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504 and 2 CFR Part 200 for activities permitted under this agreement. Requests for funds shall be reduced by the amount of any such program income balances on hand. Any program income on hand when this Agreement expires, or received after this Agreement's expiration, shall, at the City's discretion, be returned to the City or used by the Subrecipient for eligible activities as identified in an agreement that becomes effective upon expiration of this Agreement. Any interest earned from funds held in a revolving fund account is not program income and shall be remitted to the City which will, in turn, remit it to HUD. D. UNIFORM ADMINISTRATIVE REQUIREMENTS 1. Accounting Standards The Subrecipient agrees to comply with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and agrees to adhere to the accounting principles and procedures required therein, use adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as applicable. These principles shall be applied for all costs incurred. 3. Procurement 7 The Subrecipient shall have its own procurement policies and procedures. Said policies shall meet the requirements of 2 CFR Part 200 Subpart D Procurement Standards. The Subrecipient shall follow Management Standards as modified by 24 CFR 570.502(b) (3) (vi), covering use and disposition of property. 4. Copyright If this Agreement results in any copyrightable material or inventions, the City and/or federal government reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work or materials for government purposes. E. OTHER PROGRAM REQUIREMENTS 1. General Compliance The Subrecipient agrees to comply with the requirements of 24 CFR 570. The Subrecipient also agrees to comply with all other applicable federal, state and local laws, regulations, and policies governing its operations and the funds provided under this Agreement. The Subrecipient agrees to remain current on all applicable taxes, assessments and other governmental charges and to maintain all Subrecipient owned property(ies) in compliance with all applicable City Codes. The Subrecipient further agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. 2. 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 at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. Except for the benefits and stipulated amounts indicated under this Agreement, the City 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. The Subrecipient shall be responsible for hiring all program personnel. All such personnel shall be considered to be employees of the Subrecipient. 3. Hold Harmless and Indemnification The Subrecipient, its agents and any assignees shall agree to hold harmless and indemnify the City and its agents, officials and employees against all suits, claims, damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors or omissions of the Subrecipient. :� 4. Worker's Compensation The Subrecipient shall provide Worker's Compensation Insurance coverage per Iowa State Code, Chapter 85. 5. Insurance & Bondi The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or physical damage. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48 and any applicable state and local requirements for insurance and bonding. Subrecipient shall meet the strictest standard for bonding and insurance coverage. 6. City Recognition The Subrecipient shall insure recognition of the role of the City in providing services through this Agreement. All activities, facilities, and items used pursuant to this Agreement shall be prominently labeled as to funding source. In the event that a program funded through CDBG is described in literature, newspaper articles, TV reports and other public medium, the Subrecipient must give credit to the City and the CDBG program. 7. Amendments The City or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are executed in writing and signed by a duly authorized representative of both organizations. The deadline for amendments in any program year is March 31, unless extended at the sole discretion of the City in extraordinary circumstances. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. The City may amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendment results 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 City and Subrecipient. 8. 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 9 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. 9. Federal, State, and Local Law Applicability By virtue of the federal funding provided for under this agreement, the parties hereto shall be bound by and adhere to all applicable federal, state, and local laws, rules, policies, orders and directions, including by way of specification but not limited to the following: - Title VI of the Civil Rights Act of 1964, as amended; - The Fair Housing Act — Title VI II of the Civil Rights Act of 1968, as amended; - Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended (; - Section 109 of Title I of the Housing and Community Development Act of 1974, as amended; - Section 504 of the Rehabilitation Act of 1973, - The Americans with Disabilities Act of 1990, as amended; - Section 3 of the Housing & Community Development Act of 1968 (12 U.S.C. 1701 u); - The Age Discrimination Act of 1975, as amended; - Executive Order 11063, as amended by Executive Order 12259 (implemented in 24 CFR Part 107); - Executive Order 11246 (as amended by Executive Orders 11375 and 12086) — Equal Opportunity Under HUD contracts and HUD -assisted construction Contracts; - Age Discrimination in Employment Act of 1967, as amended. - Chapter 216 of the Iowa Civil Rights Act of 1965, as amended - The Equal Pay Act of 1963, as amended. - The Civil Rights Act of 1991, as amended - Davis -Bacon Act, as amended, where applicable under Section 110 of the Housing and Community Development Act of 1974, as amended; - Contract Work Hours and Safety Standards Act; - Copeland Anti -Kickback Act; - CARES Act of 2020; - Iowa Civil Rights Act of 1965, as amended; - Dubuque Civil Rights Ordinance, City of Dubuque Code of Ordinances, Title 8, and. - Others as applicable Ef and shall include compliance with these provisions in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subcontractors. 10. Nondiscrimination No person shall be excluded from or denied the benefits of Subrecipient's service or programs or be denied employment on the basis of race, color, religion, creed, sex, sexual orientation, gender identity, national origin, ancestry, age, mental or physical disability, marital status or familial status. The Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination and state that it is an Equal Opportunity or Affirmative Action employer. "�VWYIJ►A1:3d The Subrecipient will use its best efforts to afford minority — and women -owned business enterprises (at least fifty-one (51) percent owned and controlled by minority group member or women) the maximum practicable opportunity to participate in the performance of this Agreement. 12. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Recipient and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 13. Assi .. nay The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the City thereto; provided, however, that claims for money due or to become due from to the subrecipient from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. No real property acquired, improved or otherwise invested in with CDBG funds, including loan portfolios attributable to the use of CDBG funds, may be assigned, transferred or sold without the prior written consent of the City thereto. 14. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 and 2 CFR Part 200 with respect to conflicts of interest. Requests for exceptions, as permitted by federal regulations, must be made in the manner prescribed by the City. 15. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 16. Lobbying The Subrecipient hereby certifies that: a. No federal funds appropriated under this agreement have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement; b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly; 12 d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for such failure. 17. Restrictions The Subrecipient is prohibited from using CDBG funds or personnel employed in the administration of the program for political purposes, or to engage in other partisan political activities, sectarian, or religious activities or nepotism activities. 18. Environmental Standards 24 CFR Part 58; 24 CFR 570.604; and Section 104(g) HCD The Subrecipient agrees to comply with the policies of the National Environmental Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation, risk to health or safety or other undesirable and unintended consequences. 19. Air, Water and Solid Waste The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: - The Clean Air Act, 42 U.S.C. 7401, et seq., as amended. - Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. - Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. - The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et seq., and 21 U.S.C. 349) as amended; - 42, U.S.C. 6901 et seq., as amended. 20. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973, the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes, including rehabilitation. 13 21. Lead -Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead - based paint. 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 (7). 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. 22. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended and the procedures set forth by the Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Office for all rehabilitation and demolition of historic properties that are fifty (50) years old or older or that are included on a federal, state, or local historic property list. F. REMEDIES FOR NON-COMPLIANCE AND TERMINATION 1. Remedies for Noncombliance If the City at any time determines the Subrecipient materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein, the City may use any or all of the remedies allowed under 2 CFR Part 200.338 and 200.339 to ensure compliance. The City may also impose additional specific award conditions as needed at any time to ensure compliance in accordance with 2 CFR Part 200.207. Possible remedies include: a. Warning Issuance of a written warning citing the violation that has occurred, and a deadline when the violation must be remedied if it is still occurring. b. Withholding Payment E, Withholding of funds by the City until the Subrecipient is found to be in compliance by the City. c. Grant Adiustment Adjustment in the payment method or reduction of the grant to the Subrecipient when there is noncompliance and the violation cited has not been remedied as specified. d. Reimbursement Reimbursement by the Subrecipient with non-CDBG funds for CDBG funds which have not been spent in accordance with this Agreement. e. Termination Termination of funds in whole or in part by the City if the Subrecipient materially fails to comply with any term or condition of this Agreement or with any of the rules, regulations or provisions referred to herein, or for cause as allowed in 2 CFR Part 200.339. In the event of termination of this award, in accordance with 2 CFR Part 200.340(c), the information required under the Federal Funding Accountability and Transparency Act (FFATA) must be provided to the Federal Web site established to fulfill the requirements of FFATA, and update or notification must be provided to any other relevant governmentwide systems or entities of any indications of poor performance as required by 41 U.S.C. 417b and 31 U.S.C. 3321 and implementing guidance at 2 CFR Part 77. Additionally, the requirements for Suspension and Debarment at 2 CFR Part 180 may apply. f. Nonparticipation Prohibition of the Subrecipient from future participation in the CDBG program if the Subrecipient has not complied with the action administered by the City. g. Termination for Convenience This Agreement may be terminated in whole or in part by either party upon providing the other party a written, ninety (90) day notice, in which case the City and Subrecipient shall agree upon the termination conditions, including the effective date, the disposition of agreement amounts, and in the case of partial termination the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, and the award is terminated in its entirety, Subrecipient shall promptly repay to the City the full grant amount or that portion of the amount which has been disbursed to Subrecipient prior to such termination. 15 h. Termination due to Loss of Funds This Agreement will terminate in full or in part, at the discretion of the City, in the event the City suffers a loss of funding or termination of the federal funds which permits it to fund this grant. In the event the City suffers such a loss of funding, the City will give the Subrecipient as much written notice as possible which will set forth the effective date of full or partial termination, or if a change in funding is required, setting forth the change in funding and the changes in approved budget. G. REVERSION OF ASSETS 1. Program Assets Reversion Upon the expiration of this Agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this Agreement, unless addressed under another agreement as provided in Section C. 2. Real Property Reversion Any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the Subrecipient in the form of a loan) in excess of $25,000 shall comply with either of the following: a. National Objective Compliance Used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by the City; or b. National Objective Noncompliance Not used in accordance with Section G (2) (a) of this Agreement, in which event the Subrecipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the City. (No payment is required after the period of time specified in Section G (2) (a) of this Agreement.) H. MISCELLANEOUS 16 1. Subrecipient Legal Authority By using this Agreement, the Subrecipient warrants and represents that it has the requisite authority and capacity to perform all terms and conditions on Subrecipient's part to be performed hereunder. a. No conditions or provisions of this Agreement can be waived unless approved by the City in writing. b. The City's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon breach will not constitute a waiver of any rights under this Agreement. 3. Designation of Officials City designates the City Manager or the City Manager's designee as its authorized representative with respect to the work to be performed under this Agreement including, but not limited to, the ability to execute any changes in the terms, conditions, or amounts specified in this Agreement . The Board Chair of the Subrecipient or designee is the official authorized to execute any changes in the terms, conditions or amounts specified in this Agreement. 4. Special Conditions for Release of Funds Funding of the amount stipulated in Section 3 will not be released to the Subrecipient by the City until the Subrecipient demonstrates compliance with the Section D (1). 5. Duplication of Benefits, CARES Act. Subrecipient understands the 2020 CARES Act requires the City to monitor and track assistance awards and if City identifies a duplication of benefits provided to Subrecipient, Subrecipient agrees to repay assistance that is determined to be duplicative. 6. Code of Conduct The City expects that Subrecipients and any subcontractors of Subrecipients to demonstrate courtesy, consideration and promptness in dealing with the public, program participants, the City, and other governmental agencies. 7. Agreement Coverage 17 This instrument along with any Exhibits and the grant application contain the entire agreement between the parties. Any statements, inducements or promises not contained will not be binding upon the parties. This Agreement will be binding upon the successors in office of the respective parties. 8. 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. 9. Notice to Proceed The City will issue a Notice to Proceed to the Subrecipient to incur costs relative to the program implementation. 10. Exhibits. All Exhibits are hereby incorporated into this Agreement. 11. Notices Notices required by this Agreement shall be in writing and delivered via mail, commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. City Madeline Haverland Community Development Specialist Housing & Community Dev. Dept 350 W. 6th Street, Suite 312 Dubuque, IA 52001 Subrecipient Whitney Sanger Project Rooted 2250 Clydesdale Ct. Dubuque, IA 52001 12. Compliance with Laws. Subrecipient shall be responsible for laws at the federal, state, and local level. 13. Governing Law. This Agreement is a contract executed under and to be construed under the laws of the State of Iowa related to this Lease shall be brought in a Dubuque County, Iowa. 14. Section Headings and Subheadings. . Any legal action arising out of or court of competent jurisdiction in :V 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. 15. CONTRACTOR WARRANTIES/GUARANTEES Contractors shall guarantee and warranty the work done pursuant to a CDBG project for a period of two (2) years. In addition, Contractor shall furnish property owners with all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under the contract. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day of July 6, 2021. CITY OF DUBUQUE, IOWA, 50 W 131 Street Dubuque jowa 52001 Sign Printed Name Mayor Project Rooted, Subrecipient 2250 Clydedsdale Ct. Dubuque, IA 52001 Signature Executive Director Printed Name Executive Director Signature Chair, Board o irectors Printed Name Chair, Board of Directors 19 LIST OF EXHIBITS EXHIBIT A STATEMENT OF WORK EXHIBIT B INCOME GUIDELINES EXHIBIT A STATEMENT OF WORK Project Rooted will provide the following services: - Provide Rooted Pantries in neighborhoods located in food deserts, - Provide educational resources to children to encourage and instill healthy practices that support lifelong health and appreciation for sustainably sourced food items. Limited Clientele activities benefit a specific targeted group of persons of which at least 51 percent must be LMI. In order to meet the LMI Limited Clientele criteria, the activity must: — Serve at least 51 percent LMI, as evidenced by documentation and data concerning beneficiary family size and income; — Have income -eligibility requirements which limit the service to persons meeting the LMI income requirement, as evidenced by the administering agency's procedures, intake/application forms, income limits, and other sources of documentation; — Serve a group primarily presumed to be LMI such as abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers; or — Be of such a nature and in a location that it may be concluded that the activity's clientele are LMI. EXHIBIT B INCOME GUIDELINES CITY OF DUBUQUE, IA 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 June 1, 2021 for the Dubuque Metropolitan Area are as follows: Household Size Below 30% AMI Below 50% AMI Below 80% AMI Above 80% AMI Family Size 1: <$16,600 <$27,600 <$44,150 >$44,150 Family Size 2: <$18,950 <$31,550 <$50,450 >$50,450 Family Size 3: <$21,300 <$35,500 <$56,750 >$56,750 Family Size 4 <$23,650 <$39,400 <$63,050 >$63,050 Family Size 5: <$25,550 <$42,600 <$68,100 >$68,100 Family Size 6: <$27,450 <$45,750 <$73,150 >$73,150 Family Size 7: <$29,350 <$48,900 <$78,200 >$78,200 Family Size 8: <$31,250 <$52,050 <$83,250 >$83,250 Income limits for CDBG funded programs can be found on the HUD Exchange https://www.hudexchange.info/resource/5334/cdbq-income-limits/ Organizations required to verify income are encouraged to use the CPD Income Eligibility Calculator at https://www.hudexchange.info/incomecalculator/ SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND RED BASKET PROJECT THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of Dubuque (herein called the "City") and Red Basket Project (herein called the "Subrecipient"), effective upon the date last signed below. WHEREAS, the City Council has approved the Fiscal Year 2022 budget, allocating $100,000.00 for competitive Purchase of Services Grants for the purpose of providing support for human service programs in the City of Dubuque that further the City's goals, objectives, and priorities; and WHEREAS, the City wishes to engage Subrecipient to assist the City in utilizing such funds to assist Subrecipient with programming, WHEREAS, both the City and the Subrecipient desire to make a written agreement with respect to said funds and the implementation of the project to which they pertain; and WHEREAS, both the City and the Subrecipient certify that the activity will meet the CDBG National Objective of benefit to low- and moderate -income persons, NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed as follows: A. STATEMENT OF WORK 1. Activities The Subrecipient will be responsible for administering a public service, detailed in Exhibit A, in a manner satisfactory to the City and consistent with any standards required as a condition of providing these funds. The scope of activities to be rendered by the Subrecipient as a condition of receiving funds for the Project/Activity pursuant to this Contract is attached as Exhibit A hereto and made a part of this Contract. 2. National Objectives The Subrecipient will carry out the activities funded under this Agreement that meet the CDBG program's National Objective of: 0 Assisting low and moderate -income persons, said income guidelines found in Exhibit B ❑ Aid in the prevention or elimination of slums or blight ❑ Meet community development needs having a defined in 24 CFR 570.208. ❑ Other (Explain) 3. Project Budget particular urgency, as The City agrees, subject to the terms and conditions of this Agreement, to compensate the Subrecipient for the Statement of Work outlined in Exhibit A, providing period products for those who menstruate, not to exceed $12,625.00. 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 City for approval, in a form specified by the City. 4. Reallocations The Subrecipient may reallocate up to ten percent (10%) of the total grant amount received to an eligible activity cost. Such reallocation will be referred to as a revision. The Subrecipient must, prior to the drawdown reflecting the change, contact the City to discuss the reallocation. Any change that results in a cumulative reallocation of ten percent (10%) or more of the total grant, any inclusion of a new activity, deletion of an approved activity, any change in the implementation schedule, or any change in grant terms will require an amendment and prior City approval per Section E (7) of this Agreement. Such reallocation will be referred to as an amendment. Requests for revisions or amendments are due no later than March 31 of the program year. Budget revisions or amendments requested during the final ninety (90) days of the agreement period will be approved by the City only if it determines that the revisions are necessary to complete project activities. 5. Retainage Five percent (5%) of the total grant amount may be retained from payment until such report of audit referenced in Section B (7) of this Agreement, has been provided to, and accepted by the City. No audit fees will be reimbursed by the City. 6. Term and Time of Performance 2 Services of the Subrecipient shall start on July 1, 2021 and end on June 30, 2022. All the required activities and services, except for audit, will be completed by or before this date. The City may grant extensions at its sole discretion. Only a valid written Amendment to the Agreement shall alter this completion date. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other assets, including program income. 7. Performance Measures and Monitorin In compliance with the Department of Housing & Urban Development's Outcome Performance measurement system (24CFR 91.220(e)) The City will monitor the performance of the Subrecipient against goals and required performance standards. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period after being notified by the City, agreement suspension or termination procedures will be initiated. 8. On Site Monitoring The Subrecipient shall be subject to site visits, desktop monitoring, or other methods of monitoring as deemed necessary by personnel of the City, or a designee of the City or duly authorized officials of federal government, for the purpose of monitoring the Subrecipient's delivery of services and compliance with terms of the agreement and federal standards that pertain to federally funded grant activities. Review may include but are not limited to: agency and program policies, procedures, standards, handbooks and operational documents; accounting books and records for financial management and documentation of program costs such as time sheets and mileage logs; verification records of the persons to participate or benefit from grant funded activities; documentation of report data and other program progress; and records demonstrating procurement procedures and property management. The reviewers will have access to and the right to examine, audit, duplicate, excerpt and/or transcribe any of the Subrecipient's records pertaining to all matters covered by this Agreement. The Subrecipient shall be subject to subsequent site visits to review correction of any deficiencies. B. RECORDS AND REPORTS 1. Maintenance 9 The Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 and by the City that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Records required to determine the eligibility of activities, individuals, or households; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Records documenting compliance with the fair housing and equal opportunity components of the CDBG program, such as f) Financial records as required by 24 CFR Part 570.502, and 24 CFR 84.21-28; g) Other records necessary to document compliance with Subpart K of 24 CFR 570; h) A list of current board members, calendar of upcoming board meetings and minutes of all board meetings; and i) Equity metrics on race, income, and head of household. 2. Retention The Subrecipient agrees to keep the records required by this Agreement. The Subrecipient shall retain all records for a period of five (5) years. The retention period begins on the date of submission of the City's annual performance and evaluation report to HUD in which activities assisted under this agreement are reported for the final time. Records for non -expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. Properties retained shall continue to meet eligibility criteria and shall conform with the "reversion of assets" restrictions specified in Section G of this Agreement. Records for any displaced person must be kept for five (5) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five (5) year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five (5) year period, whichever occurs later. The list of current board members and minutes of all board meetings will be kept on file and maintained at the Subrecipient's main business office as public records. The minutes and board member list shall be available for the public to view during the Subrecipient's normal working hours. Copies may be provided according to the Subrecipient's policy. rd 3. Client Data. Subrecipient shall maintain Client Data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided, racial and ethnic data and single head -of - household data, and any other records pertaining to CDBG funds as required by 2 CFR Part 200. In addition, data will be retained for affordability and income targeting for each household. Such information shall be made available to City monitors or their designees for review upon request. 4. Disclosure. The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the city's or Subrecipient's responsibilities with respect to services provided under this contract may be prohibited by federal or state law unless written consent is obtained from such person receiving service and in the case of a minor, that of a responsible parent/guardian. 5. Reporting Procedures The Subrecipient will submit quarterly reports to the City detailing its activities related to the use of City funds including a performance report and a financial report outlining the use of City funds and shall be submitted no later than the fifteenth (15t") day of October, January, April, and July and a final performance report by July 31st, in such forms as the City requires. In the event a due date for a report falls on a weekend or holiday, the report will be due the next business day. The Subrecipient shall provide information upon request for preparation of the Consolidated Plan, the CAPER, and any other reports or plans required by the City or HUD. 6. Close-out The Subrecipient's obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out 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 City), 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. 7. Audits & Inspections 5 All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the City, its designees or the federal government, at any time during normal business hours, as often as the City or federal government deems necessary to audit, examine, and duplicate or make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within timeframe stipulated by the City. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted by a certified accountant according to Generally Accepted Government Auditing Standards. Agencies that had total expenses less than $150,000 on the audit for the most recently audited fiscal year and had no deficiencies or findings on that audit or subsequent monitoring visits may be eligible to submit an audit every other year subject to written approval from the City. This written approval, if granted, will be included in Exhibit E. Additionally, if the agency meets the thresholds established in 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Subpart F the audit will be performed as a Single Audit. The subrecipient agrees to follow any other audit procedures as established by the City. The completed audit, audited financial statements, schedule of findings, all related reports, the management letter from the auditor to the Subrecipient, and the Subrecipient's response(s) to the auditor (if required by the audit) must be provided to the City within six (6) months of the Subrecipient's fiscal year-end. No audit fees will be reimbursed under this CDBG agreement by the City. 8. Payment a. Maximum Amount and Drawdowns It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not exceed the amount stipulated in Section 3 of this Agreement. Drawdowns for the payment of eligible expenses are reimbursement only and shall be made in accordance with any City policy concerning payments. b. Financial Management System Certification Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The entire amount of allowable grant expenses (including those to be paid with program income) shall be supported by source documentation (e.g., invoices, time sheets, receipts, etc.). The City reserves the right to request any additional documentation, as it deems necessary. c. Reimbursement Schedule The Subrecipient may requisition a reimbursement of expenses. Such reimbursement requests must include proof of payment of the requested expense. Request for salary reimbursement must be within 30 days from end of pay period. Other requests dated within 60 days from date of service/purchase will be accepted. Final request must be submitted by June 15, 2022. C. PROGRAM INCOME The Subrecipient shall report all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds. The documentation, reporting and use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504 and 2 CFR Part 200 for activities permitted under this agreement. Requests for funds shall be reduced by the amount of any such program income balances on hand. Any program income on hand when this Agreement expires, or received after this Agreement's expiration, shall, at the City's discretion, be returned to the City or used by the Subrecipient for eligible activities as identified in an agreement that becomes effective upon expiration of this Agreement. Any interest earned from funds held in a revolving fund account is not program income and shall be remitted to the City which will, in turn, remit it to HUD. D. UNIFORM ADMINISTRATIVE REQUIREMENTS 1. Accounting Standards The Subrecipient agrees to comply with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and agrees to adhere to the accounting principles and procedures required therein, use adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as applicable. These principles shall be applied for all costs incurred. 3. Procurement 7 The Subrecipient shall have its own procurement policies and procedures. Said policies shall meet the requirements of 2 CFR Part 200 Subpart D Procurement Standards. The Subrecipient shall follow Management Standards as modified by 24 CFR 570.502(b) (3) (vi), covering use and disposition of property. 4. Copyright If this Agreement results in any copyrightable material or inventions, the City and/or federal government reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work or materials for government purposes. E. OTHER PROGRAM REQUIREMENTS 1. General Compliance The Subrecipient agrees to comply with the requirements of 24 CFR 570. The Subrecipient also agrees to comply with all other applicable federal, state and local laws, regulations, and policies governing its operations and the funds provided under this Agreement. The Subrecipient agrees to remain current on all applicable taxes, assessments and other governmental charges and to maintain all Subrecipient owned property(ies) in compliance with all applicable City Codes. The Subrecipient further agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. 2. 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 at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. Except for the benefits and stipulated amounts indicated under this Agreement, the City 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. The Subrecipient shall be responsible for hiring all program personnel. All such personnel shall be considered to be employees of the Subrecipient. 3. Hold Harmless and Indemnification The Subrecipient, its agents and any assignees shall agree to hold harmless and indemnify the City and its agents, officials and employees against all suits, claims, damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors or omissions of the Subrecipient. :� 4. Worker's Compensation The Subrecipient shall provide Worker's Compensation Insurance coverage per Iowa State Code, Chapter 85. 5. Insurance & Bondi The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or physical damage. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48 and any applicable state and local requirements for insurance and bonding. Subrecipient shall meet the strictest standard for bonding and insurance coverage. 6. City Recognition The Subrecipient shall insure recognition of the role of the City in providing services through this Agreement. All activities, facilities, and items used pursuant to this Agreement shall be prominently labeled as to funding source. In the event that a program funded through CDBG is described in literature, newspaper articles, TV reports and other public medium, the Subrecipient must give credit to the City and the CDBG program. 7. Amendments The City or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are executed in writing and signed by a duly authorized representative of both organizations. The deadline for amendments in any program year is March 31, unless extended at the sole discretion of the City in extraordinary circumstances. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. The City may amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendment results 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 City and Subrecipient. 8. 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 9 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. 9. Federal, State, and Local Law Applicability By virtue of the federal funding provided for under this agreement, the parties hereto shall be bound by and adhere to all applicable federal, state, and local laws, rules, policies, orders and directions, including by way of specification but not limited to the following: - Title VI of the Civil Rights Act of 1964, as amended; - The Fair Housing Act — Title VI II of the Civil Rights Act of 1968, as amended; - Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended (; - Section 109 of Title I of the Housing and Community Development Act of 1974, as amended; - Section 504 of the Rehabilitation Act of 1973, - The Americans with Disabilities Act of 1990, as amended; - Section 3 of the Housing & Community Development Act of 1968 (12 U.S.C. 1701 u); - The Age Discrimination Act of 1975, as amended; - Executive Order 11063, as amended by Executive Order 12259 (implemented in 24 CFR Part 107); - Executive Order 11246 (as amended by Executive Orders 11375 and 12086) — Equal Opportunity Under HUD contracts and HUD -assisted construction Contracts; - Age Discrimination in Employment Act of 1967, as amended. - Chapter 216 of the Iowa Civil Rights Act of 1965, as amended - The Equal Pay Act of 1963, as amended. - The Civil Rights Act of 1991, as amended - Davis -Bacon Act, as amended, where applicable under Section 110 of the Housing and Community Development Act of 1974, as amended; - Contract Work Hours and Safety Standards Act; - Copeland Anti -Kickback Act; - CARES Act of 2020; - Iowa Civil Rights Act of 1965, as amended; - Dubuque Civil Rights Ordinance, City of Dubuque Code of Ordinances, Title 8, and. - Others as applicable Ef and shall include compliance with these provisions in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subcontractors. 10. Nondiscrimination No person shall be excluded from or denied the benefits of Subrecipient's service or programs or be denied employment on the basis of race, color, religion, creed, sex, sexual orientation, gender identity, national origin, ancestry, age, mental or physical disability, marital status or familial status. The Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination and state that it is an Equal Opportunity or Affirmative Action employer. "�VWYIJ►A1:3d The Subrecipient will use its best efforts to afford minority — and women -owned business enterprises (at least fifty-one (51) percent owned and controlled by minority group member or women) the maximum practicable opportunity to participate in the performance of this Agreement. 12. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Recipient and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 13. Assi .. nay The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the City thereto; provided, however, that claims for money due or to become due from to the subrecipient from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. No real property acquired, improved or otherwise invested in with CDBG funds, including loan portfolios attributable to the use of CDBG funds, may be assigned, transferred or sold without the prior written consent of the City thereto. 14. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 and 2 CFR Part 200 with respect to conflicts of interest. Requests for exceptions, as permitted by federal regulations, must be made in the manner prescribed by the City. 15. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 16. Lobbying The Subrecipient hereby certifies that: a. No federal funds appropriated under this agreement have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement; b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly; 12 d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for such failure. 17. Restrictions The Subrecipient is prohibited from using CDBG funds or personnel employed in the administration of the program for political purposes, or to engage in other partisan political activities, sectarian, or religious activities or nepotism activities. 18. Environmental Standards 24 CFR Part 58; 24 CFR 570.604; and Section 104(g) HCD The Subrecipient agrees to comply with the policies of the National Environmental Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation, risk to health or safety or other undesirable and unintended consequences. 19. Air, Water and Solid Waste The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: - The Clean Air Act, 42 U.S.C. 7401, et seq., as amended. - Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. - Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. - The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et seq., and 21 U.S.C. 349) as amended; - 42, U.S.C. 6901 et seq., as amended. 20. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973, the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes, including rehabilitation. 13 21. Lead -Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead - based paint. 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 (7). 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. 22. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended and the procedures set forth by the Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Office for all rehabilitation and demolition of historic properties that are fifty (50) years old or older or that are included on a federal, state, or local historic property list. F. REMEDIES FOR NON-COMPLIANCE AND TERMINATION 1. Remedies for Noncombliance If the City at any time determines the Subrecipient materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein, the City may use any or all of the remedies allowed under 2 CFR Part 200.338 and 200.339 to ensure compliance. The City may also impose additional specific award conditions as needed at any time to ensure compliance in accordance with 2 CFR Part 200.207. Possible remedies include: a. Warning Issuance of a written warning citing the violation that has occurred, and a deadline when the violation must be remedied if it is still occurring. b. Withholding Payment E, Withholding of funds by the City until the Subrecipient is found to be in compliance by the City. c. Grant Adiustment Adjustment in the payment method or reduction of the grant to the Subrecipient when there is noncompliance and the violation cited has not been remedied as specified. d. Reimbursement Reimbursement by the Subrecipient with non-CDBG funds for CDBG funds which have not been spent in accordance with this Agreement. e. Termination Termination of funds in whole or in part by the City if the Subrecipient materially fails to comply with any term or condition of this Agreement or with any of the rules, regulations or provisions referred to herein, or for cause as allowed in 2 CFR Part 200.339. In the event of termination of this award, in accordance with 2 CFR Part 200.340(c), the information required under the Federal Funding Accountability and Transparency Act (FFATA) must be provided to the Federal Web site established to fulfill the requirements of FFATA, and update or notification must be provided to any other relevant governmentwide systems or entities of any indications of poor performance as required by 41 U.S.C. 417b and 31 U.S.C. 3321 and implementing guidance at 2 CFR Part 77. Additionally, the requirements for Suspension and Debarment at 2 CFR Part 180 may apply. f. Nonparticipation Prohibition of the Subrecipient from future participation in the CDBG program if the Subrecipient has not complied with the action administered by the City. g. Termination for Convenience This Agreement may be terminated in whole or in part by either party upon providing the other party a written, ninety (90) day notice, in which case the City and Subrecipient shall agree upon the termination conditions, including the effective date, the disposition of agreement amounts, and in the case of partial termination the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, and the award is terminated in its entirety, Subrecipient shall promptly repay to the City the full grant amount or that portion of the amount which has been disbursed to Subrecipient prior to such termination. 15 h. Termination due to Loss of Funds This Agreement will terminate in full or in part, at the discretion of the City, in the event the City suffers a loss of funding or termination of the federal funds which permits it to fund this grant. In the event the City suffers such a loss of funding, the City will give the Subrecipient as much written notice as possible which will set forth the effective date of full or partial termination, or if a change in funding is required, setting forth the change in funding and the changes in approved budget. G. REVERSION OF ASSETS 1. Program Assets Reversion Upon the expiration of this Agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this Agreement, unless addressed under another agreement as provided in Section C. 2. Real Property Reversion Any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the Subrecipient in the form of a loan) in excess of $25,000 shall comply with either of the following: a. National Objective Compliance Used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by the City; or b. National Objective Noncompliance Not used in accordance with Section G (2) (a) of this Agreement, in which event the Subrecipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the City. (No payment is required after the period of time specified in Section G (2) (a) of this Agreement.) H. MISCELLANEOUS 16 1. Subrecipient Legal Authority By using this Agreement, the Subrecipient warrants and represents that it has the requisite authority and capacity to perform all terms and conditions on Subrecipient's part to be performed hereunder. f��►JE1l►lai a. No conditions or provisions of this Agreement can be waived unless approved by the City in writing. b. The City's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon breach will not constitute a waiver of any rights under this Agreement. 3. Designation of Officials City designates the City Manager or the City Manager's designee as its authorized representative with respect to the work to be performed under this Agreement including, but not limited to, the ability to execute any changes in the terms, conditions, or amounts specified in this Agreement . The Board Chair of the Subrecipient or designee is the official authorized to execute any changes in the terms, conditions or amounts specified in this Agreement. 4. Special Conditions for Release of Funds Funding of the amount stipulated in Section 3 will not be released to the Subrecipient by the City until the Subrecipient demonstrates compliance with the Section D (1). 5. Duplication of Benefits, CARES Act. Subrecipient understands the 2020 CARES Act requires the City to monitor and track assistance awards and if City identifies a duplication of benefits provided to Subrecipient, Subrecipient agrees to repay assistance that is determined to be duplicative. 6. Code of Conduct The City expects that Subrecipients and any subcontractors of Subrecipients to demonstrate courtesy, consideration and promptness in dealing with the public, program participants, the City, and other governmental agencies. 7. Agreement Coverage 17 This instrument along with any Exhibits and the grant application contain the entire agreement between the parties. Any statements, inducements or promises not contained will not be binding upon the parties. This Agreement will be binding upon the successors in office of the respective parties. 8. 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. 9. Notice to Proceed The City will issue a Notice to Proceed to the Subrecipient to incur costs relative to the program implementation. 10. Exhibits. All Exhibits are hereby incorporated into this Agreement. 11. Notices Notices required by this Agreement shall be in writing and delivered via mail, commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. City Madeline Haverland Community Development Specialist Housing & Community Dev. Dept 350 W. 6th Street, Suite 312 Dubuque, IA 52001 Subrecipient Beth Gilbreath Red Basket Project 600 Star Brewery Dr, Suite 300 Dubuque, IA 52001 12. Compliance with Laws. Subrecipient shall be responsible for laws at the federal, state, and local level. 13. Governing Law. This Agreement is a contract executed under and to be construed under the laws of the State of Iowa. Any legal action arising out of or related to this Lease shall be brought in a court of competent jurisdiction in Dubuque County, Iowa. 14. Section Headings and Subheadings. :V 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. 15. CONTRACTOR WARRANTIESQUARANTEES Contractors shall guarantee and warranty the work done pursuant to a CDBG project for a period of two (2) years. In addition, Contractor shall furnish property owners with all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under the contract. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day of July 6, 2021. CITY OF DUBUQUE, IOWA, 50 W 131h Street Roy D. Buol Printed Name Mayor Red Basket Project, Subrecipient 600 Star Brewery Dr., Suite 300 Dubuque, IA 52001 Signature Executive Director Printed Name Executive Director hait, Board of rfV 0t Printed Name Chair, Board of Directors �tc 5I JfcT�7 19 LIST OF EXHIBITS EXHIBIT A STATEMENT OF WORK EXHIBIT B INCOME GUIDELINES EXHIBIT A STATEMENT OF WORK Red Basket Project will provide the following services: - Provide period supplies to local service oriented organizations to ensure all Dubuque residents who menstruate experience an equitable, safe, and healthy life. - Expand services to include other local service oriented organizations who do not currently receive supplies. Limited Clientele activities benefit a specific targeted group of persons of which at least 51 percent must be LMI. In order to meet the LMI Limited Clientele criteria, the activity must: — Serve at least 51 percent LMI, as evidenced by documentation and data concerning beneficiary family size and income; — Have income -eligibility requirements which limit the service to persons meeting the LMI income requirement, as evidenced by the administering agency's procedures, intake/application forms, income limits, and other sources of documentation; — Serve a group primarily presumed to be LMI such as abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers; or — Be of such a nature and in a location that it may be concluded that the activity's clientele are LMI. EXHIBIT B INCOME GUIDELINES CITY OF DUBUQUE, IA 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 June 1, 2021 for the Dubuque Metropolitan Area are as follows: Household Size Below 30% AMI Below 50% AMI Below 80% AMI Above 80% AMI Family Size 1: <$16,600 <$27,600 <$44,150 >$44,150 Family Size 2: <$18,950 <$31,550 <$50,450 >$50,450 Family Size 3: <$21,300 <$35,500 <$56,750 >$56,750 Family Size 4 <$23,650 <$39,400 <$63,050 >$63,050 Family Size 5: <$25,550 <$42,600 <$68,100 >$68,100 Family Size 6: <$27,450 <$45,750 <$73,150 >$73,150 Family Size 7: <$29,350 <$48,900 <$78,200 >$78,200 Family Size 8: <$31,250 <$52,050 <$83,250 >$83,250 Income limits for CDBG funded programs can be found on the HUD Exchange https://www.hudexchange.info/resource/5334/cdbq-income-limits/ Organizations required to verify income are encouraged to use the CPD Income Eligibility Calculator at https://www.hudexchange.info/incomecalculator/ SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ST. MARK YOUTH ENRICHMENT THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of Dubuque (herein called the "City") and St. Mark Youth Enrichment (herein called the "Subrecipient"), effective upon the date last signed below. WHEREAS, the City Council has approved the Fiscal Year 2022 budget, allocating $100,000.00 for competitive Purchase of Services Grants for the purpose of providing support for human service programs in the City of Dubuque that further the City's goals, objectives, and priorities; and WHEREAS, the City wishes to engage Subrecipient to assist the City in utilizing such funds to assist Subrecipient with programming, WHEREAS, both the City and the Subrecipient desire to make a written agreement with respect to said funds and the implementation of the project to which they pertain; and WHEREAS, both the City and the Subrecipient certify that the activity will meet the CDBG National Objective of benefit to low- and moderate -income persons, NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed as follows: A. STATEMENT OF WORK 1. Activities The Subrecipient will be responsible for administering a public service, detailed in Exhibit A, in a manner satisfactory to the City and consistent with any standards required as a condition of providing these funds. The scope of activities to be rendered by the Subrecipient as a condition of receiving funds for the Project/Activity pursuant to this Contract is attached as Exhibit A hereto and made a part of this Contract. 2. National Objectives The Subrecipient will carry out the activities funded under this Agreement that meet the CDBG program's National Objective of: 0 Assisting low and moderate -income persons, said income guidelines found in Exhibit B ❑ Aid in the prevention or elimination of slums or blight ❑ Meet community development needs having a defined in 24 CFR 570.208. ❑ Other (Explain) 3. Project Budget particular urgency, as The City agrees, subject to the terms and conditions of this Agreement, to compensate the Subrecipient for the Statement of Work outlined in Exhibit A, providing Before School Programming to local youth, not to exceed $25,000.00. 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 City for approval, in a form specified by the City. 4. Reallocations The Subrecipient may reallocate up to ten percent (10%) of the total grant amount received to an eligible activity cost. Such reallocation will be referred to as a revision. The Subrecipient must, prior to the drawdown reflecting the change, contact the City to discuss the reallocation. Any change that results in a cumulative reallocation of ten percent (10%) or more of the total grant, any inclusion of a new activity, deletion of an approved activity, any change in the implementation schedule, or any change in grant terms will require an amendment and prior City approval per Section E (7) of this Agreement. Such reallocation will be referred to as an amendment. Requests for revisions or amendments are due no later than March 31 of the program year. Budget revisions or amendments requested during the final ninety (90) days of the agreement period will be approved by the City only if it determines that the revisions are necessary to complete project activities. 5. Retainage Five percent (5%) of the total grant amount may be retained from payment until such report of audit referenced in Section B (7) of this Agreement, has been provided to, and accepted by the City. No audit fees will be reimbursed by the City. 6. Term and Time of Performance 2 Services of the Subrecipient shall start on July 1, 2021 and end on June 30, 2022. All the required activities and services, except for audit, will be completed by or before this date. The City may grant extensions at its sole discretion. Only a valid written Amendment to the Agreement shall alter this completion date. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other assets, including program income. 7. Performance Measures and Monitorin In compliance with the Department of Housing & Urban Development's Outcome Performance measurement system (24CFR 91.220(e)) The City will monitor the performance of the Subrecipient against goals and required performance standards. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period after being notified by the City, agreement suspension or termination procedures will be initiated. 8. On Site Monitoring The Subrecipient shall be subject to site visits, desktop monitoring, or other methods of monitoring as deemed necessary by personnel of the City, or a designee of the City or duly authorized officials of federal government, for the purpose of monitoring the Subrecipient's delivery of services and compliance with terms of the agreement and federal standards that pertain to federally funded grant activities. Review may include but are not limited to: agency and program policies, procedures, standards, handbooks and operational documents; accounting books and records for financial management and documentation of program costs such as time sheets and mileage logs; verification records of the persons to participate or benefit from grant funded activities; documentation of report data and other program progress; and records demonstrating procurement procedures and property management. The reviewers will have access to and the right to examine, audit, duplicate, excerpt and/or transcribe any of the Subrecipient's records pertaining to all matters covered by this Agreement. The Subrecipient shall be subject to subsequent site visits to review correction of any deficiencies. B. RECORDS AND REPORTS 1. Maintenance 9 The Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 and by the City that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Records required to determine the eligibility of activities, individuals, or households; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Records documenting compliance with the fair housing and equal opportunity components of the CDBG program, such as f) Financial records as required by 24 CFR Part 570.502, and 24 CFR 84.21-28; g) Other records necessary to document compliance with Subpart K of 24 CFR 570; h) A list of current board members, calendar of upcoming board meetings and minutes of all board meetings; and i) Equity metrics on race, income, and head of household. 2. Retention The Subrecipient agrees to keep the records required by this Agreement. The Subrecipient shall retain all records for a period of five (5) years. The retention period begins on the date of submission of the City's annual performance and evaluation report to HUD in which activities assisted under this agreement are reported for the final time. Records for non -expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. Properties retained shall continue to meet eligibility criteria and shall conform with the "reversion of assets" restrictions specified in Section G of this Agreement. Records for any displaced person must be kept for five (5) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five (5) year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five (5) year period, whichever occurs later. The list of current board members and minutes of all board meetings will be kept on file and maintained at the Subrecipient's main business office as public records. The minutes and board member list shall be available for the public to view during the Subrecipient's normal working hours. Copies may be provided according to the Subrecipient's policy. rd 3. Client Data. Subrecipient shall maintain Client Data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided, racial and ethnic data and single head -of - household data, and any other records pertaining to CDBG funds as required by 2 CFR Part 200. In addition, data will be retained for affordability and income targeting for each household. Such information shall be made available to City monitors or their designees for review upon request. 4. Disclosure. The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the city's or Subrecipient's responsibilities with respect to services provided under this contract may be prohibited by federal or state law unless written consent is obtained from such person receiving service and in the case of a minor, that of a responsible parent/guardian. 5. Reporting Procedures The Subrecipient will submit quarterly reports to the City detailing its activities related to the use of City funds including a performance report and a financial report outlining the use of City funds and shall be submitted no later than the fifteenth (15t") day of October, January, April, and July and a final performance report by July 31st, in such forms as the City requires. In the event a due date for a report falls on a weekend or holiday, the report will be due the next business day. The Subrecipient shall provide information upon request for preparation of the Consolidated Plan, the CAPER, and any other reports or plans required by the City or HUD. 6. Close-out The Subrecipient's obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out 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 City), 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. 7. Audits & Inspections 5 All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the City, its designees or the federal government, at any time during normal business hours, as often as the City or federal government deems necessary to audit, examine, and duplicate or make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within timeframe stipulated by the City. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted by a certified accountant according to Generally Accepted Government Auditing Standards. Agencies that had total expenses less than $150,000 on the audit for the most recently audited fiscal year and had no deficiencies or findings on that audit or subsequent monitoring visits may be eligible to submit an audit every other year subject to written approval from the City. This written approval, if granted, will be included in Exhibit E. Additionally, if the agency meets the thresholds established in 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Subpart F the audit will be performed as a Single Audit. The subrecipient agrees to follow any other audit procedures as established by the City. The completed audit, audited financial statements, schedule of findings, all related reports, the management letter from the auditor to the Subrecipient, and the Subrecipient's response(s) to the auditor (if required by the audit) must be provided to the City within six (6) months of the Subrecipient's fiscal year-end. No audit fees will be reimbursed under this CDBG agreement by the City. 8. Payment a. Maximum Amount and Drawdowns It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not exceed the amount stipulated in Section 3 of this Agreement. Drawdowns for the payment of eligible expenses are reimbursement only and shall be made in accordance with any City policy concerning payments. b. Financial Management System Certification Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The entire amount of allowable grant expenses (including those to be paid with program income) shall be supported by source documentation (e.g., invoices, time sheets, receipts, etc.). The City reserves the right to request any additional documentation, as it deems necessary. c. Reimbursement Schedule The Subrecipient may requisition a reimbursement of expenses. Such reimbursement requests must include proof of payment of the requested expense. Request for salary reimbursement must be within 30 days from end of pay period. Other requests dated within 60 days from date of service/purchase will be accepted. Final request must be submitted by June 15, 2022. C. PROGRAM INCOME The Subrecipient shall report all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds. The documentation, reporting and use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504 and 2 CFR Part 200 for activities permitted under this agreement. Requests for funds shall be reduced by the amount of any such program income balances on hand. Any program income on hand when this Agreement expires, or received after this Agreement's expiration, shall, at the City's discretion, be returned to the City or used by the Subrecipient for eligible activities as identified in an agreement that becomes effective upon expiration of this Agreement. Any interest earned from funds held in a revolving fund account is not program income and shall be remitted to the City which will, in turn, remit it to HUD. D. UNIFORM ADMINISTRATIVE REQUIREMENTS 1. Accounting Standards The Subrecipient agrees to comply with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and agrees to adhere to the accounting principles and procedures required therein, use adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as applicable. These principles shall be applied for all costs incurred. 3. Procurement 7 The Subrecipient shall have its own procurement policies and procedures. Said policies shall meet the requirements of 2 CFR Part 200 Subpart D Procurement Standards. The Subrecipient shall follow Management Standards as modified by 24 CFR 570.502(b) (3) (vi), covering use and disposition of property. 4. Copyright If this Agreement results in any copyrightable material or inventions, the City and/or federal government reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work or materials for government purposes. E. OTHER PROGRAM REQUIREMENTS 1. General Compliance The Subrecipient agrees to comply with the requirements of 24 CFR 570. The Subrecipient also agrees to comply with all other applicable federal, state and local laws, regulations, and policies governing its operations and the funds provided under this Agreement. The Subrecipient agrees to remain current on all applicable taxes, assessments and other governmental charges and to maintain all Subrecipient owned property(ies) in compliance with all applicable City Codes. The Subrecipient further agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. 2. 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 at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. Except for the benefits and stipulated amounts indicated under this Agreement, the City 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. The Subrecipient shall be responsible for hiring all program personnel. All such personnel shall be considered to be employees of the Subrecipient. 3. Hold Harmless and Indemnification The Subrecipient, its agents and any assignees shall agree to hold harmless and indemnify the City and its agents, officials and employees against all suits, claims, damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors or omissions of the Subrecipient. :� 4. Worker's Compensation The Subrecipient shall provide Worker's Compensation Insurance coverage per Iowa State Code, Chapter 85. 5. Insurance & Bondi The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or physical damage. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48 and any applicable state and local requirements for insurance and bonding. Subrecipient shall meet the strictest standard for bonding and insurance coverage. 6. City Recognition The Subrecipient shall insure recognition of the role of the City in providing services through this Agreement. All activities, facilities, and items used pursuant to this Agreement shall be prominently labeled as to funding source. In the event that a program funded through CDBG is described in literature, newspaper articles, TV reports and other public medium, the Subrecipient must give credit to the City and the CDBG program. 7. Amendments The City or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are executed in writing and signed by a duly authorized representative of both organizations. The deadline for amendments in any program year is March 31, unless extended at the sole discretion of the City in extraordinary circumstances. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. The City may amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendment results 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 City and Subrecipient. 8. 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 9 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. 9. Federal, State, and Local Law Applicability By virtue of the federal funding provided for under this agreement, the parties hereto shall be bound by and adhere to all applicable federal, state, and local laws, rules, policies, orders and directions, including by way of specification but not limited to the following: - Title VI of the Civil Rights Act of 1964, as amended; - The Fair Housing Act — Title VI II of the Civil Rights Act of 1968, as amended; - Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended (; - Section 109 of Title I of the Housing and Community Development Act of 1974, as amended; - Section 504 of the Rehabilitation Act of 1973, - The Americans with Disabilities Act of 1990, as amended; - Section 3 of the Housing & Community Development Act of 1968 (12 U.S.C. 1701 u); - The Age Discrimination Act of 1975, as amended; - Executive Order 11063, as amended by Executive Order 12259 (implemented in 24 CFR Part 107); - Executive Order 11246 (as amended by Executive Orders 11375 and 12086) — Equal Opportunity Under HUD contracts and HUD -assisted construction Contracts; - Age Discrimination in Employment Act of 1967, as amended. - Chapter 216 of the Iowa Civil Rights Act of 1965, as amended - The Equal Pay Act of 1963, as amended. - The Civil Rights Act of 1991, as amended - Davis -Bacon Act, as amended, where applicable under Section 110 of the Housing and Community Development Act of 1974, as amended; - Contract Work Hours and Safety Standards Act; - Copeland Anti -Kickback Act; - CARES Act of 2020; - Iowa Civil Rights Act of 1965, as amended; - Dubuque Civil Rights Ordinance, City of Dubuque Code of Ordinances, Title 8, and. - Others as applicable Ef and shall include compliance with these provisions in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subcontractors. 10. Nondiscrimination No person shall be excluded from or denied the benefits of Subrecipient's service or programs or be denied employment on the basis of race, color, religion, creed, sex, sexual orientation, gender identity, national origin, ancestry, age, mental or physical disability, marital status or familial status. The Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination and state that it is an Equal Opportunity or Affirmative Action employer. "�VWYIJ►A1:3d The Subrecipient will use its best efforts to afford minority — and women -owned business enterprises (at least fifty-one (51) percent owned and controlled by minority group member or women) the maximum practicable opportunity to participate in the performance of this Agreement. 12. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Recipient and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 13. Assi .. nay The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the City thereto; provided, however, that claims for money due or to become due from to the subrecipient from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. No real property acquired, improved or otherwise invested in with CDBG funds, including loan portfolios attributable to the use of CDBG funds, may be assigned, transferred or sold without the prior written consent of the City thereto. 14. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 and 2 CFR Part 200 with respect to conflicts of interest. Requests for exceptions, as permitted by federal regulations, must be made in the manner prescribed by the City. 15. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 16. Lobbying The Subrecipient hereby certifies that: a. No federal funds appropriated under this agreement have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement; b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly; 12 d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for such failure. 17. Restrictions The Subrecipient is prohibited from using CDBG funds or personnel employed in the administration of the program for political purposes, or to engage in other partisan political activities, sectarian, or religious activities or nepotism activities. 18. Environmental Standards 24 CFR Part 58; 24 CFR 570.604; and Section 104(g) HCD The Subrecipient agrees to comply with the policies of the National Environmental Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation, risk to health or safety or other undesirable and unintended consequences. 19. Air, Water and Solid Waste The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: - The Clean Air Act, 42 U.S.C. 7401, et seq., as amended. - Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. - Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. - The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et seq., and 21 U.S.C. 349) as amended; - 42, U.S.C. 6901 et seq., as amended. 20. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973, the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes, including rehabilitation. 13 21. Lead -Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead - based paint. 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 (7). 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. 22. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended and the procedures set forth by the Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Office for all rehabilitation and demolition of historic properties that are fifty (50) years old or older or that are included on a federal, state, or local historic property list. F. REMEDIES FOR NON-COMPLIANCE AND TERMINATION 1. Remedies for Noncombliance If the City at any time determines the Subrecipient materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein, the City may use any or all of the remedies allowed under 2 CFR Part 200.338 and 200.339 to ensure compliance. The City may also impose additional specific award conditions as needed at any time to ensure compliance in accordance with 2 CFR Part 200.207. Possible remedies include: a. Warning Issuance of a written warning citing the violation that has occurred, and a deadline when the violation must be remedied if it is still occurring. b. Withholding Payment E, Withholding of funds by the City until the Subrecipient is found to be in compliance by the City. c. Grant Adiustment Adjustment in the payment method or reduction of the grant to the Subrecipient when there is noncompliance and the violation cited has not been remedied as specified. d. Reimbursement Reimbursement by the Subrecipient with non-CDBG funds for CDBG funds which have not been spent in accordance with this Agreement. e. Termination Termination of funds in whole or in part by the City if the Subrecipient materially fails to comply with any term or condition of this Agreement or with any of the rules, regulations or provisions referred to herein, or for cause as allowed in 2 CFR Part 200.339. In the event of termination of this award, in accordance with 2 CFR Part 200.340(c), the information required under the Federal Funding Accountability and Transparency Act (FFATA) must be provided to the Federal Web site established to fulfill the requirements of FFATA, and update or notification must be provided to any other relevant governmentwide systems or entities of any indications of poor performance as required by 41 U.S.C. 417b and 31 U.S.C. 3321 and implementing guidance at 2 CFR Part 77. Additionally, the requirements for Suspension and Debarment at 2 CFR Part 180 may apply. f. Nonparticipation Prohibition of the Subrecipient from future participation in the CDBG program if the Subrecipient has not complied with the action administered by the City. g. Termination for Convenience This Agreement may be terminated in whole or in part by either party upon providing the other party a written, ninety (90) day notice, in which case the City and Subrecipient shall agree upon the termination conditions, including the effective date, the disposition of agreement amounts, and in the case of partial termination the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, and the award is terminated in its entirety, Subrecipient shall promptly repay to the City the full grant amount or that portion of the amount which has been disbursed to Subrecipient prior to such termination. 15 h. Termination due to Loss of Funds This Agreement will terminate in full or in part, at the discretion of the City, in the event the City suffers a loss of funding or termination of the federal funds which permits it to fund this grant. In the event the City suffers such a loss of funding, the City will give the Subrecipient as much written notice as possible which will set forth the effective date of full or partial termination, or if a change in funding is required, setting forth the change in funding and the changes in approved budget. G. REVERSION OF ASSETS 1. Program Assets Reversion Upon the expiration of this Agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this Agreement, unless addressed under another agreement as provided in Section C. 2. Real Property Reversion Any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the Subrecipient in the form of a loan) in excess of $25,000 shall comply with either of the following: a. National Objective Compliance Used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by the City; or b. National Objective Noncompliance Not used in accordance with Section G (2) (a) of this Agreement, in which event the Subrecipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the City. (No payment is required after the period of time specified in Section G (2) (a) of this Agreement.) H. MISCELLANEOUS 16 1. Subrecipient Legal Authority By using this Agreement, the Subrecipient warrants and represents that it has the requisite authority and capacity to perform all terms and conditions on Subrecipient's part to be performed hereunder. f��►JE1l►lai a. No conditions or provisions of this Agreement can be waived unless approved by the City in writing. b. The City's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon breach will not constitute a waiver of any rights under this Agreement. 3. Designation of Officials City designates the City Manager or the City Manager's designee as its authorized representative with respect to the work to be performed under this Agreement including, but not limited to, the ability to execute any changes in the terms, conditions, or amounts specified in this Agreement . The Board Chair of the Subrecipient or designee is the official authorized to execute any changes in the terms, conditions or amounts specified in this Agreement. 4. Special Conditions for Release of Funds Funding of the amount stipulated in Section 3 will not be released to the Subrecipient by the City until the Subrecipient demonstrates compliance with the Section D (1). 5. Duplication of Benefits, CARES Act. Subrecipient understands the 2020 CARES Act requires the City to monitor and track assistance awards and if City identifies a duplication of benefits provided to Subrecipient, Subrecipient agrees to repay assistance that is determined to be duplicative. 6. Code of Conduct The City expects that Subrecipients and any subcontractors of Subrecipients to demonstrate courtesy, consideration and promptness in dealing with the public, program participants, the City, and other governmental agencies. 7. Agreement Coverage 17 This instrument along with any Exhibits and the grant application contain the entire agreement between the parties. Any statements, inducements or promises not contained will not be binding upon the parties. This Agreement will be binding upon the successors in office of the respective parties. 8. 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. 9. Notice to Proceed The City will issue a Notice to Proceed to the Subrecipient to incur costs relative to the program implementation. 10. Exhibits. All Exhibits are hereby incorporated into this Agreement. 11. Notices Notices required by this Agreement shall be in writing and delivered via mail, commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. City Madeline Haverland Community Development Specialist Housing & Community Dev. Dept 350 W. 6th Street, Suite 312 Dubuque, IA 52001 Subrecipient Dawn Cogan St. Mark Youth Enrichment 1201 Locust St. Dubuque, IA 52001 12. Compliance with Laws. Subrecipient shall be responsible for laws at the federal, state, and local level. 13. Governing Law. This Agreement is a contract executed under and to be construed under the laws of the State of Iowa. Any legal action arising out of or related to this Lease shall be brought in a court of competent jurisdiction in Dubuque County, Iowa. 14. Section Headings and Subheadings. :R 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. 15. CONTRACTOR WARRANTIES/GUARANTEES Contractors shall guarantee and warranty the work done pursuant to a CDBG project for a period of two (2) years. In addition, Contractor shall furnish property owners with all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under the contract. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day of July 6, 2021. CITY OF DUBUQUE, IOWA, St. Mark Youth Enrichment, Subrecipient 50 W 1311 Street 1201 Locust St. Dubuque, wa 52001 Dubuque, IA 52001 SignatSignature Executive Director Roy D. Buol Printed Name Mayor LDS 6-v\ Printed Name Executive Directo e Chair, Board of Directors Printed Name Chair, Board of Directors 19 LIST OF EXHIBITS EXHIBIT A STATEMENT OF WORK EXHIBIT B INCOME GUIDELINES EXHIBIT A STATEMENT OF WORK St. Mark Youth Enrichment will provide the following services: - Offer innovative programs and services that cultivate education and social - emotional growth of youth (K-5) families, - Provide before -school programming to help meet childcare needs of Dubuque's working families. Limited Clientele activities benefit a specific targeted group of persons of which at least 51 percent must be LMI. In order to meet the LMI Limited Clientele criteria, the activity must: — Serve at least 51 percent LMI, as evidenced by documentation and data concerning beneficiary family size and income; — Have income -eligibility requirements which limit the service to persons meeting the LMI income requirement, as evidenced by the administering agency's procedures, intake/application forms, income limits, and other sources of documentation; — Serve a group primarily presumed to be LMI such as abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers; or — Be of such a nature and in a location that it may be concluded that the activity's clientele are LMI. EXHIBIT B INCOME GUIDELINES CITY OF DUBUQUE, IA 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 June 1, 2021 for the Dubuque Metropolitan Area are as follows: Household Size Below 30% AMI Below 50% AMI Below 80% AMI Above 80% AMI Family Size 1: <$16,600 <$27,600 <$44,150 >$44,150 Family Size 2: <$18,950 <$31,550 <$50,450 >$50,450 Family Size 3: <$21,300 <$35,500 <$56,750 >$56,750 Family Size 4 <$23,650 <$39,400 <$63,050 >$63,050 Family Size 5: <$25,550 <$42,600 <$68,100 >$68,100 Family Size 6: <$27,450 <$45,750 <$73,150 >$73,150 Family Size 7: <$29,350 <$48,900 <$78,200 >$78,200 Family Size 8: <$31,250 <$52,050 <$83,250 >$83,250 Income limits for CDBG funded programs can be found on the HUD Exchange https://www.hudexchange.info/resource/5334/cdbq-income-limits/ Organizations required to verify income are encouraged to use the CPD Income Eligibility Calculator at https://www.hudexchange.info/incomecalculator/ SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COMMUNITY YMCA/YWCA THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of Dubuque (herein called the "City") and Dubuque Community YMCA/YWCA (herein called the "Subrecipient"), effective upon the date last signed below. WHEREAS, the City Council has approved the Fiscal Year 2022 budget, allocating $100,000.00 for competitive Purchase of Services Grants for the purpose of providing support for human service programs in the City of Dubuque that further the City's goals, objectives, and priorities; and WHEREAS, the City wishes to engage Subrecipient to assist the City in utilizing such funds to assist Subrecipient with programming, WHEREAS, both the City and the Subrecipient desire to make a written agreement with respect to said funds and the implementation of the project to which they pertain; and WHEREAS, both the City and the Subrecipient certify that the activity will meet the CDBG National Objective of benefit to low- and moderate -income persons, NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed as follows: A. STATEMENT OF WORK 1. Activities The Subrecipient will be responsible for administering a public service, detailed in Exhibit A, in a manner satisfactory to the City and consistent with any standards required as a condition of providing these funds. The scope of activities to be rendered by the Subrecipient as a condition of receiving funds for the Project/Activity pursuant to this Contract is attached as Exhibit A hereto and made a part of this Contract. 2. National Objectives The Subrecipient will carry out the activities funded under this Agreement that meet the CDBG program's National Objective of: 0 Assisting low and moderate -income persons, said income guidelines found in Exhibit B ❑ Aid in the prevention or elimination of slums or blight ❑ Meet community development needs having a defined in 24 CFR 570.208. ❑ Other (Explain) 3. Project Budget particular urgency, as The City agrees, subject to the terms and conditions of this Agreement, to compensate the Subrecipient for the Statement of Work outlined in Exhibit A, providing services to victims of domestic violence, not to exceed $25,000.00. 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 City for approval, in a form specified by the City. 4. Reallocations The Subrecipient may reallocate up to ten percent (10%) of the total grant amount received to an eligible activity cost. Such reallocation will be referred to as a revision. The Subrecipient must, prior to the drawdown reflecting the change, contact the City to discuss the reallocation. Any change that results in a cumulative reallocation of ten percent (10%) or more of the total grant, any inclusion of a new activity, deletion of an approved activity, any change in the implementation schedule, or any change in grant terms will require an amendment and prior City approval per Section E (7) of this Agreement. Such reallocation will be referred to as an amendment. Requests for revisions or amendments are due no later than March 31 of the program year. Budget revisions or amendments requested during the final ninety (90) days of the agreement period will be approved by the City only if it determines that the revisions are necessary to complete project activities. 5. Retainage Five percent (5%) of the total grant amount may be retained from payment until such report of audit referenced in Section B (7) of this Agreement, has been provided to, and accepted by the City. No audit fees will be reimbursed by the City. 6. Term and Time of Performance 2 Services of the Subrecipient shall start on July 1, 2021 and end on June 30, 2022. All the required activities and services, except for audit, will be completed by or before this date. The City may grant extensions at its sole discretion. Only a valid written Amendment to the Agreement shall alter this completion date. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other assets, including program income. 7. Performance Measures and Monitorin In compliance with the Department of Housing & Urban Development's Outcome Performance measurement system (24CFR 91.220(e)) The City will monitor the performance of the Subrecipient against goals and required performance standards. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period after being notified by the City, agreement suspension or termination procedures will be initiated. 8. On Site Monitoring The Subrecipient shall be subject to site visits, desktop monitoring, or other methods of monitoring as deemed necessary by personnel of the City, or a designee of the City or duly authorized officials of federal government, for the purpose of monitoring the Subrecipient's delivery of services and compliance with terms of the agreement and federal standards that pertain to federally funded grant activities. Review may include but are not limited to: agency and program policies, procedures, standards, handbooks and operational documents; accounting books and records for financial management and documentation of program costs such as time sheets and mileage logs; verification records of the persons to participate or benefit from grant funded activities; documentation of report data and other program progress; and records demonstrating procurement procedures and property management. The reviewers will have access to and the right to examine, audit, duplicate, excerpt and/or transcribe any of the Subrecipient's records pertaining to all matters covered by this Agreement. The Subrecipient shall be subject to subsequent site visits to review correction of any deficiencies. B. RECORDS AND REPORTS 1. Maintenance 9 The Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 and by the City that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Records required to determine the eligibility of activities, individuals, or households; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Records documenting compliance with the fair housing and equal opportunity components of the CDBG program, such as f) Financial records as required by 24 CFR Part 570.502, and 24 CFR 84.21-28; g) Other records necessary to document compliance with Subpart K of 24 CFR 570; h) A list of current board members, calendar of upcoming board meetings and minutes of all board meetings; and i) Equity metrics on race, income, and head of household. 2. Retention The Subrecipient agrees to keep the records required by this Agreement. The Subrecipient shall retain all records for a period of five (5) years. The retention period begins on the date of submission of the City's annual performance and evaluation report to HUD in which activities assisted under this agreement are reported for the final time. Records for non -expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. Properties retained shall continue to meet eligibility criteria and shall conform with the "reversion of assets" restrictions specified in Section G of this Agreement. Records for any displaced person must be kept for five (5) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five (5) year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five (5) year period, whichever occurs later. The list of current board members and minutes of all board meetings will be kept on file and maintained at the Subrecipient's main business office as public records. The minutes and board member list shall be available for the public to view during the Subrecipient's normal working hours. Copies may be provided according to the Subrecipient's policy. rd 3. Client Data. Subrecipient shall maintain Client Data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided, racial and ethnic data and single head -of - household data, and any other records pertaining to CDBG funds as required by 2 CFR Part 200. In addition, data will be retained for affordability and income targeting for each household. Such information shall be made available to City monitors or their designees for review upon request. 4. Disclosure. The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the city's or Subrecipient's responsibilities with respect to services provided under this contract may be prohibited by federal or state law unless written consent is obtained from such person receiving service and in the case of a minor, that of a responsible parent/guardian. 5. Reporting Procedures The Subrecipient will submit quarterly reports to the City detailing its activities related to the use of City funds including a performance report and a financial report outlining the use of City funds and shall be submitted no later than the fifteenth (15t") day of October, January, April, and July and a final performance report by July 31st, in such forms as the City requires. In the event a due date for a report falls on a weekend or holiday, the report will be due the next business day. The Subrecipient shall provide information upon request for preparation of the Consolidated Plan, the CAPER, and any other reports or plans required by the City or HUD. 6. Close-out The Subrecipient's obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out 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 City), 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. 7. Audits & Inspections 5 All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the City, its designees or the federal government, at any time during normal business hours, as often as the City or federal government deems necessary to audit, examine, and duplicate or make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within timeframe stipulated by the City. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted by a certified accountant according to Generally Accepted Government Auditing Standards. Agencies that had total expenses less than $150,000 on the audit for the most recently audited fiscal year and had no deficiencies or findings on that audit or subsequent monitoring visits may be eligible to submit an audit every other year subject to written approval from the City. This written approval, if granted, will be included in Exhibit E. Additionally, if the agency meets the thresholds established in 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Subpart F the audit will be performed as a Single Audit. The subrecipient agrees to follow any other audit procedures as established by the City. The completed audit, audited financial statements, schedule of findings, all related reports, the management letter from the auditor to the Subrecipient, and the Subrecipient's response(s) to the auditor (if required by the audit) must be provided to the City within six (6) months of the Subrecipient's fiscal year-end. No audit fees will be reimbursed under this CDBG agreement by the City. 8. Payment a. Maximum Amount and Drawdowns It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not exceed the amount stipulated in Section 3 of this Agreement. Drawdowns for the payment of eligible expenses are reimbursement only and shall be made in accordance with any City policy concerning payments. b. Financial Management System Certification Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The entire amount of allowable grant expenses (including those to be paid with program income) shall be supported by source documentation (e.g., invoices, time sheets, receipts, etc.). The City reserves the right to request any additional documentation, as it deems necessary. c. Reimbursement Schedule The Subrecipient may requisition a reimbursement of expenses. Such reimbursement requests must include proof of payment of the requested expense. Request for salary reimbursement must be within 30 days from end of pay period. Other requests dated within 60 days from date of service/purchase will be accepted. Final request must be submitted by June 15, 2022. C. PROGRAM INCOME The Subrecipient shall report all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds. The documentation, reporting and use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504 and 2 CFR Part 200 for activities permitted under this agreement. Requests for funds shall be reduced by the amount of any such program income balances on hand. Any program income on hand when this Agreement expires, or received after this Agreement's expiration, shall, at the City's discretion, be returned to the City or used by the Subrecipient for eligible activities as identified in an agreement that becomes effective upon expiration of this Agreement. Any interest earned from funds held in a revolving fund account is not program income and shall be remitted to the City which will, in turn, remit it to HUD. D. UNIFORM ADMINISTRATIVE REQUIREMENTS 1. Accounting Standards The Subrecipient agrees to comply with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and agrees to adhere to the accounting principles and procedures required therein, use adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with 2 CFR Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as applicable. These principles shall be applied for all costs incurred. 3. Procurement 7 The Subrecipient shall have its own procurement policies and procedures. Said policies shall meet the requirements of 2 CFR Part 200 Subpart D Procurement Standards. The Subrecipient shall follow Management Standards as modified by 24 CFR 570.502(b) (3) (vi), covering use and disposition of property. 4. Copyright If this Agreement results in any copyrightable material or inventions, the City and/or federal government reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work or materials for government purposes. E. OTHER PROGRAM REQUIREMENTS 1. General Compliance The Subrecipient agrees to comply with the requirements of 24 CFR 570. The Subrecipient also agrees to comply with all other applicable federal, state and local laws, regulations, and policies governing its operations and the funds provided under this Agreement. The Subrecipient agrees to remain current on all applicable taxes, assessments and other governmental charges and to maintain all Subrecipient owned property(ies) in compliance with all applicable City Codes. The Subrecipient further agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. 2. 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 at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. Except for the benefits and stipulated amounts indicated under this Agreement, the City 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. The Subrecipient shall be responsible for hiring all program personnel. All such personnel shall be considered to be employees of the Subrecipient. 3. Hold Harmless and Indemnification The Subrecipient, its agents and any assignees shall agree to hold harmless and indemnify the City and its agents, officials and employees against all suits, claims, damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors or omissions of the Subrecipient. :� 4. Worker's Compensation The Subrecipient shall provide Worker's Compensation Insurance coverage per Iowa State Code, Chapter 85. 5. Insurance & Bondi The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or physical damage. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48 and any applicable state and local requirements for insurance and bonding. Subrecipient shall meet the strictest standard for bonding and insurance coverage. 6. City Recognition The Subrecipient shall insure recognition of the role of the City in providing services through this Agreement. All activities, facilities, and items used pursuant to this Agreement shall be prominently labeled as to funding source. In the event that a program funded through CDBG is described in literature, newspaper articles, TV reports and other public medium, the Subrecipient must give credit to the City and the CDBG program. 7. Amendments The City or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are executed in writing and signed by a duly authorized representative of both organizations. The deadline for amendments in any program year is March 31, unless extended at the sole discretion of the City in extraordinary circumstances. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. The City may amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendment results 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 City and Subrecipient. 8. 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 9 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. 9. Federal, State, and Local Law Applicability By virtue of the federal funding provided for under this agreement, the parties hereto shall be bound by and adhere to all applicable federal, state, and local laws, rules, policies, orders and directions, including by way of specification but not limited to the following: - Title VI of the Civil Rights Act of 1964, as amended; - The Fair Housing Act — Title VI II of the Civil Rights Act of 1968, as amended; - Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended (; - Section 109 of Title I of the Housing and Community Development Act of 1974, as amended; - Section 504 of the Rehabilitation Act of 1973, - The Americans with Disabilities Act of 1990, as amended; - Section 3 of the Housing & Community Development Act of 1968 (12 U.S.C. 1701 u); - The Age Discrimination Act of 1975, as amended; - Executive Order 11063, as amended by Executive Order 12259 (implemented in 24 CFR Part 107); - Executive Order 11246 (as amended by Executive Orders 11375 and 12086) — Equal Opportunity Under HUD contracts and HUD -assisted construction Contracts; - Age Discrimination in Employment Act of 1967, as amended. - Chapter 216 of the Iowa Civil Rights Act of 1965, as amended - The Equal Pay Act of 1963, as amended. - The Civil Rights Act of 1991, as amended - Davis -Bacon Act, as amended, where applicable under Section 110 of the Housing and Community Development Act of 1974, as amended; - Contract Work Hours and Safety Standards Act; - Copeland Anti -Kickback Act; - CARES Act of 2020; - Iowa Civil Rights Act of 1965, as amended; - Dubuque Civil Rights Ordinance, City of Dubuque Code of Ordinances, Title 8, and. - Others as applicable Ef and shall include compliance with these provisions in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subcontractors. 10. Nondiscrimination No person shall be excluded from or denied the benefits of Subrecipient's service or programs or be denied employment on the basis of race, color, religion, creed, sex, sexual orientation, gender identity, national origin, ancestry, age, mental or physical disability, marital status or familial status. The Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination and state that it is an Equal Opportunity or Affirmative Action employer. "�VWYIJ►A1:3d The Subrecipient will use its best efforts to afford minority — and women -owned business enterprises (at least fifty-one (51) percent owned and controlled by minority group member or women) the maximum practicable opportunity to participate in the performance of this Agreement. 12. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Recipient and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 13. Assi .. nay The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the City thereto; provided, however, that claims for money due or to become due from to the subrecipient from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. No real property acquired, improved or otherwise invested in with CDBG funds, including loan portfolios attributable to the use of CDBG funds, may be assigned, transferred or sold without the prior written consent of the City thereto. 14. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 and 2 CFR Part 200 with respect to conflicts of interest. Requests for exceptions, as permitted by federal regulations, must be made in the manner prescribed by the City. 15. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 16. Lobbying The Subrecipient hereby certifies that: a. No federal funds appropriated under this agreement have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement; b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly; 12 d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for such failure. 17. Restrictions The Subrecipient is prohibited from using CDBG funds or personnel employed in the administration of the program for political purposes, or to engage in other partisan political activities, sectarian, or religious activities or nepotism activities. 18. Environmental Standards 24 CFR Part 58; 24 CFR 570.604; and Section 104(g) HCD The Subrecipient agrees to comply with the policies of the National Environmental Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation, risk to health or safety or other undesirable and unintended consequences. 19. Air, Water and Solid Waste The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: - The Clean Air Act, 42 U.S.C. 7401, et seq., as amended. - Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. - Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. - The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et seq., and 21 U.S.C. 349) as amended; - 42, U.S.C. 6901 et seq., as amended. 20. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973, the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes, including rehabilitation. 13 21. Lead -Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead - based paint. 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 (7). 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. 22. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended and the procedures set forth by the Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Office for all rehabilitation and demolition of historic properties that are fifty (50) years old or older or that are included on a federal, state, or local historic property list. F. REMEDIES FOR NON-COMPLIANCE AND TERMINATION 1. Remedies for Noncombliance If the City at any time determines the Subrecipient materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein, the City may use any or all of the remedies allowed under 2 CFR Part 200.338 and 200.339 to ensure compliance. The City may also impose additional specific award conditions as needed at any time to ensure compliance in accordance with 2 CFR Part 200.207. Possible remedies include: a. Warning Issuance of a written warning citing the violation that has occurred, and a deadline when the violation must be remedied if it is still occurring. b. Withholding Payment E, Withholding of funds by the City until the Subrecipient is found to be in compliance by the City. c. Grant Adiustment Adjustment in the payment method or reduction of the grant to the Subrecipient when there is noncompliance and the violation cited has not been remedied as specified. d. Reimbursement Reimbursement by the Subrecipient with non-CDBG funds for CDBG funds which have not been spent in accordance with this Agreement. e. Termination Termination of funds in whole or in part by the City if the Subrecipient materially fails to comply with any term or condition of this Agreement or with any of the rules, regulations or provisions referred to herein, or for cause as allowed in 2 CFR Part 200.339. In the event of termination of this award, in accordance with 2 CFR Part 200.340(c), the information required under the Federal Funding Accountability and Transparency Act (FFATA) must be provided to the Federal Web site established to fulfill the requirements of FFATA, and update or notification must be provided to any other relevant governmentwide systems or entities of any indications of poor performance as required by 41 U.S.C. 417b and 31 U.S.C. 3321 and implementing guidance at 2 CFR Part 77. Additionally, the requirements for Suspension and Debarment at 2 CFR Part 180 may apply. f. Nonparticipation Prohibition of the Subrecipient from future participation in the CDBG program if the Subrecipient has not complied with the action administered by the City. g. Termination for Convenience This Agreement may be terminated in whole or in part by either party upon providing the other party a written, ninety (90) day notice, in which case the City and Subrecipient shall agree upon the termination conditions, including the effective date, the disposition of agreement amounts, and in the case of partial termination the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, and the award is terminated in its entirety, Subrecipient shall promptly repay to the City the full grant amount or that portion of the amount which has been disbursed to Subrecipient prior to such termination. 15 h. Termination due to Loss of Funds This Agreement will terminate in full or in part, at the discretion of the City, in the event the City suffers a loss of funding or termination of the federal funds which permits it to fund this grant. In the event the City suffers such a loss of funding, the City will give the Subrecipient as much written notice as possible which will set forth the effective date of full or partial termination, or if a change in funding is required, setting forth the change in funding and the changes in approved budget. G. REVERSION OF ASSETS 1. Program Assets Reversion Upon the expiration of this Agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this Agreement, unless addressed under another agreement as provided in Section C. 2. Real Property Reversion Any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the Subrecipient in the form of a loan) in excess of $25,000 shall comply with either of the following: a. National Objective Compliance Used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by the City; or b. National Objective Noncompliance Not used in accordance with Section G (2) (a) of this Agreement, in which event the Subrecipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the City. (No payment is required after the period of time specified in Section G (2) (a) of this Agreement.) H. MISCELLANEOUS 16 1. Subrecipient Legal Authority By using this Agreement, the Subrecipient warrants and represents that it has the requisite authority and capacity to perform all terms and conditions on Subrecipient's part to be performed hereunder. f��►JE1l►lai a. No conditions or provisions of this Agreement can be waived unless approved by the City in writing. b. The City's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon breach will not constitute a waiver of any rights under this Agreement. 3. Designation of Officials City designates the City Manager or the City Manager's designee as its authorized representative with respect to the work to be performed under this Agreement including, but not limited to, the ability to execute any changes in the terms, conditions, or amounts specified in this Agreement . The Board Chair of the Subrecipient or designee is the official authorized to execute any changes in the terms, conditions or amounts specified in this Agreement. 4. Special Conditions for Release of Funds Funding of the amount stipulated in Section 3 will not be released to the Subrecipient by the City until the Subrecipient demonstrates compliance with the Section D (1). 5. Duplication of Benefits, CARES Act. Subrecipient understands the 2020 CARES Act requires the City to monitor and track assistance awards and if City identifies a duplication of benefits provided to Subrecipient, Subrecipient agrees to repay assistance that is determined to be duplicative. 6. Code of Conduct The City expects that Subrecipients and any subcontractors of Subrecipients to demonstrate courtesy, consideration and promptness in dealing with the public, program participants, the City, and other governmental agencies. 7. Agreement Coverage 17 This instrument along with any Exhibits and the grant application contain the entire agreement between the parties. Any statements, inducements or promises not contained will not be binding upon the parties. This Agreement will be binding upon the successors in office of the respective parties. 8. 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. 9. Notice to Proceed The City will issue a Notice to Proceed to the Subrecipient to incur costs relative to the program implementation. 10. Exhibits. All Exhibits are hereby incorporated into this Agreement. 11. Notices Notices required by this Agreement shall be in writing and delivered via mail, commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. City Madeline Haverland Community Development Specialist Housing & Community Dev. Dept 350 W. 6t" Street, Suite 312 Dubuque, IA 52001 Subrecipient Deb Gustafson Dubuque Community Y 35 N. Booth St Dubuque, IA 52001 12. Compliance with Laws. Subrecipient shall be responsible for laws at the federal, state, and local level. 13. Governing Law. This Agreement is a contract executed under and to be construed under the laws of the State of Iowa. Any legal action arising out of or related to this Lease shall be brought in a court of competent jurisdiction in Dubuque County, Iowa. 14. Section Headings and Subheadings. :R 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. 15. CONTRACTOR WARRANTIES/GUARANTEES Contractors shall guarantee and warranty the work done pursuant to a CDBG project for a period of two (2) years. In addition, Contractor shall furnish property owners with all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under the contract. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day of July 6, 2021. CITY OF DUBUQUE, IOWA, Dubuque Community Y, Subrecipient 50 W 13'h Street 35 N Booth Street Dubuque, Jowa 52001 Dubuque, IA 52001 Signatup *Execu Director Roy D. Buol Printed Name Mayor Printed Napfie Executive Director Signature Chair, jB�oard of Directors ✓C ,AfD vl .1 -P4o S - Printed Name Chair, Board of Directors 19 LIST OF EXHIBITS EXHIBIT A STATEMENT OF WORK EXHIBIT B INCOME GUIDELINES EXHIBIT A STATEMENT OF WORK Dubuque Community YMCA/YWCA Domestic Violence Shelter will provide the following services: Provide safe housing and services for victims and families experiencing domestic violence, Provide services to empower domestic violence victims to move forward in their life by gaining individual independence, by assisting with information related to no contact orders, facilitating access to housing, employment and education assistance, and more. Limited Clientele activities benefit a specific targeted group of persons of which at least 51 percent must be LMI. In order to meet the LMI Limited Clientele criteria, the activity must: — Serve at least 51 percent LMI, as evidenced by documentation and data concerning beneficiary family size and income; — Have income -eligibility requirements which limit the service to persons meeting the LMI income requirement, as evidenced by the administering agency's procedures, intake/application forms, income limits, and other sources of documentation; — Serve a group primarily presumed to be LMI such as abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers; or — Be of such a nature and in a location that it may be concluded that the activity's clientele are LMI. EXHIBIT B INCOME GUIDELINES CITY OF DUBUQUE, IA 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 June 1, 2021 for the Dubuque Metropolitan Area are as follows: Household Size Below 30% AMI Below 50% AMI Below 80% AMI Above 80% AMI Family Size 1: <$16,600 <$27,600 <$44,150 >$44,150 Family Size 2: <$18,950 <$31,550 <$50,450 >$50,450 Family Size 3: <$21,300 <$35,500 <$56,750 >$56,750 Family Size 4 <$23,650 <$39,400 <$63,050 >$63,050 Family Size 5: <$25,550 <$42,600 <$68,100 >$68,100 Family Size 6: <$27,450 <$45,750 <$73,150 >$73,150 Family Size 7: <$29,350 <$48,900 <$78,200 >$78,200 Family Size 8: <$31,250 <$52,050 <$83,250 >$83,250 Income limits for CDBG funded programs can be found on the HUD Exchange https://www.hudexchange.info/resource/5334/cdbq-income-limits/ Organizations required to verify income are encouraged to use the CPD Income Eligibility Calculator at https://www.hudexchange.info/incomecalculator/