Community Development Block Grant (CDBG) CV Contract for Dubuque Food PantryCity of Dubuque
City Council Meeting
Action Items # 5.
Copyrighted
July 6, 2021
ITEM TITLE: Community Development Block Grant (CDBG) CV Contract for
Dubuque Food Pantry
SUMMARY: City Manager recommending approval of a contract for Community
Development Block Grant (CDBG) CARES Act funding for assistance
to the Dubuque Food Pantry in the amount of $167,955.
RESOLUTION Authorizing Execution of CDBG-CV Agreement with
Dubuque Food Pantry
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
CDBG-CV Assistance Dubuque Food Pantry-MVM City Manager Memo
Memo
CDBG-CV Food Pantry Assistance Staff Memo Staff Memo
CDBG-CV Assistance Food Pantry Resolution Resolutions
CDBG-CV Assistance Food Pantry Agreement Supporting Documentation
THE C
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: CDBG-CV Contract for Dubuque Food Pantry
DATE: June 30, 2021
Housing and Community Development Director Alexis Steger recommends City Council
approval of a contract for CDBG CARES Act funding for assistance to the Dubuque
Food Pantry in the amount of $167,955 to increase their services to include delivery of
food and goods to seniors, hire a part-time staff person to assist with operations and
expand capacity for additional hours, and install a ramp on the rear of the building to
make food deliveries more efficient. These changes will help current volunteers focus
efforts on food distribution to increase the number of people able to be served by the
Dubuque Food Pantry as we continue to recover from the effects of COVID-19.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis M. Steger, Housing and Community Development Director
Dubuque
THE 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: CDBG-CV Contract for Dubuque Food Pantry
DATE: June 29, 2021
Introduction
The attached memorandum transmits the contract for CDBG-CV funds for assistance to
the Dubuque Food Pantry for meeting increased demand.
Discussion
The City of Dubuque was awarded CDBG CARES Act funding to prevent, prepare for,
and respond to the coronavirus.
The City engaged in conversation with local service providers, including the Dubuque
Food Pantry to assess capacity needs during the pandemic. The Dubuque Food Pantry
identified needs that are eligible, in alignment with CARES Act funding requirements,
and that will result in increased services to our community members with increased
vulnerability to COVID-19.
The Dubuque Food Pantry requested $167,955 to increase their services to include
delivery of food and goods to seniors, hiring a part-time staff person to assist with
operations and expand capacity for additional hours, and install a ramp on the rear of
the building to make food deliveries more efficient. These changes will help current
volunteers focus efforts on food distribution to increase the number of people able to be
served by the Dubuque Food Pantry as we continue to recover from the effects of
COVID-19.
Recommendation
I respectfully request the City Council approve the attached CDBG Contract with the
Dubuque Food Pantry 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. 131h St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 235-21
RESOLUTION AUTHORIZING EXECUTION OF CDBG-CV AGREEMENT WITH
DUBUQUE FOOD PANTRY
Whereas, the Dubuque Food Pantry prepared a request to provide support for
increased demand due to the COVID-19 pandemic; and
Whereas, the City Council approved the CDBG Fiscal Year 2020/Program Year
2019 Amendment #3 budget that included CDBG CARES Act allocation; and
Whereas, the submission will be reviewed by the Community Development
Advisory Commission on July 21st, 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 contract with the Dubuque Food Pantry, beginning no sooner
than July 22, 2021 be approved, pending all requirements for CDBG-CV funding be
approved, including authorization by the Community Development Advisory
Commission.
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 Jul 2021.
Attest Roy D.?
. uol, Mayor
Aie
Adrienne Breitfelder, ditylerk
SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE
AND
DUBUQUE FOOD PANTRY
THIS SUBRECIPIENT AGREEMENT is entered into by and between the City of
Dubuque (herein called the "City") and Dubuque Food Pantry (herein called the
"Subrecipient"), effective upon the date last signed below.
WHEREAS, the City has applied for and received Community Development
Block Grant (CDBG) — CARES Act funds from the United States Government through
the Department of Housing and Urban Development under Title I of the Housing and
Community Development Act of 1974, Public Law 93-383 and has received approval of
activities under Federal Award Identifier Number B-20-MW-19-0004 which was awarded
to the City for the purpose of preventing, preparing, and responding to the coronavirus;
and
WHEREAS, the City wishes to engage Subrecipient to assist the City in utilizing
such CDBG funds to assist Subrecipient with rehabilitation of a public facility,
WHEREAS, both the City and the Subrecipient desire to make a written
agreement with respect to said funds and the implementation of the project to which
they pertain; and
WHEREAS, both the City and the Subrecipient certify that the activity will meet
the CDBG National Objective of benefit to low- and moderate -income persons,
NOW, THEREFORE, in consideration of the mutual promises of the parties, it is
agreed as follows:
A. STATEMENT OF WORK
1. Activities
The Subrecipient will be responsible for administering a CDBG-CV project,
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 Obiectives
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, not
to exceed $167,955.00.
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
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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.
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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
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and shall include compliance with these provisions in every subcontract or
purchase order, specifically or by reference, so that such provisions will be
binding upon each of its own subcontractors.
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.
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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. Assignability
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;
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c. It will require that the language of paragraph (d) of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all Subrecipients shall certify and disclose accordingly;
d. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S.C. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for such failure.
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
13
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.
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 Noncompliance
If the City at any time determines the Subrecipient materially fails to comply with
any term of this Agreement, or with any of the rules, regulations, or provisions
referred to herein, the City may use any or all of the remedies allowed under 2
CFR Part 200.338 and 200.339 to ensure compliance. The City may also impose
additional specific award conditions as needed at any time to ensure compliance
in accordance with 2 CFR Part 200.207. Possible remedies include:
E,
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 Pam
Withholding of funds by the City until the Subrecipient is found to be in
compliance by the City.
c. Grant Adjustment
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
15
This Agreement may be terminated in whole or in part by either party upon
providing the other party a written, ninety (90) day notice, in which case the City
and Subrecipient shall agree upon the termination conditions, including the
effective date, the disposition of agreement amounts, and in the case of partial
termination the portion to be terminated. However, if, in the case of partial
termination, the City determines that the remaining portion of the award will not
accomplish the purposes for which the award was made, and the award is
terminated in its entirety, Subrecipient shall promptly repay to the City the full
grant amount or that portion of the amount which has been disbursed to
Subrecipient prior to such termination.
h. Termination due to Loss of Funds
This Agreement will terminate in full or in part, at the discretion of the City, in the
event the City suffers a loss of funding or termination of the federal funds which
permits it to fund this grant. In the event the City suffers such a loss of funding,
the City will give the Subrecipient as much written notice as possible which will
set forth the effective date of full or partial termination, or if a change in funding is
required, setting forth the change in funding and the changes in approved
budget.
G. REVERSION OF ASSETS
1. 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
16
Not used in accordance with Section G (2) (a) of this Agreement, in which
event the Subrecipient shall pay to the City an amount equal to the current
market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for the acquisition of, or improvement to,
the property. The payment is program income to the City. (No payment is
required after the period of time specified in Section G (2) (a) of this
Agreement.)
H. MISCELLANEOUS
1. 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.
2. Waiver
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 of this Agreement 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.
17
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
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
Teresa Caldwell
Dubuque Food Pantry
1598 Jcakson St.
Dubuque, IA 52001
12. Compliance with Laws. Subrecipient shall be resDonsibie 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.
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 Food Pantry, Subrecipient
50 W 13"' Street 1598 Jackson Street
Dubuque, IA 52001 Dubuque, IA 52001
Roy D. Buol
Printed Name
Mayor
Signature
Executive Director ////
`�ereSat /,V. Ca`4a</
Printed Name
Executive Director
ignature
Chair, Board of Directo/rslI
�rP. Ir CzrgjCtVefi (.YJi C K
Printed Na
Chair, Board of Directors
IR
LIST OF EXHIBITS
EXHIBIT A STATEMENT OF WORK
EXHIBIT B INCOME GUIDELINES
EXHIBIT A
STATEMENT OF WORK
Dubuque Food Pantry will be responsible for the improvement of a public facility by
performing:
- Deliveries of food and goods to seniors.
- Hire a part-time employee to assist with increased demand due to COVID-19.
- Install a ramp in the rear of the building.
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/cdbg-income-limits/
Organizations required to verify income are encouraged to use the CPD Income
Eligibility Calculator at https://www.hudexchange.info/incomecalculator/