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Purchase of Services Grant Agreement - St. Mark Youth Enrichment Copyright 2014 City of Dubuque Consent Items # 20. ITEM TITLE: Purchase of Services Grant Agreement-St. Mark Youth Enrichment SUMMARY: City Manager recommending approval of a Purchase of Services Agreement with St. Mark Youth Enrichment Before &After School Program for Fiscal Year 2017. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Purchase of Services-St Mark Youth Enrichment-MVM City Manager Memo Memo Staff Memo Staff Memo Application Supporting Documentation Grant Agreement Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Service Agreement— FY17 St. Mark Youth Enrichment Before & After School Program Staffing & Professional Development Opportunities DATE: June 28, 2016 Housing and Community Development Department Director Alvin Nash recommends City Council approval of a Purchase of Services Agreement with St. Mark Youth Enrichment Before & After School Program for Fiscal Year 2017 in the amount of $201000. 1 concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Alvin Nash, Housing and Community Development Department Director THE CITY OF Dubuque AII-America City DUBgkE 1 Masterpiece on the Mississippi 2007-2012-2013 TO: Michael C. Van Milligen, City Manager FROM: Alvin Nash, Housing and Community Development Department SUBJECT. Purchase of Service Agreement— FY17 St. Mark Youth Enrichment Before & After School Program Staffing & Professional Development Opportunities DATE: June 24, 2016 Introduction Attached for City Council approval is the Purchase of Services Grant Agreement with St. Mark Youth Enrichment for Fiscal Year 2017. The agreement includes attachment of the City Council Goals and Priorities. Background The Fiscal Year 2017 budget recommends an allocation of $30,000 in Community Development Block Grant (CDBG) and $72,706 in General Funds for Purchase of Services activities. During the budget process, $10,000 CDBG was allocated to Four Mounds HEART Program. The remaining $92,706 was available for competition. At the June 20th, 2016 meeting, City Council approved the Community Development Advisory Commission recommendation to fund St. Mark Youth Enrichment Before & After School Program with CDBG funds in the amount of $20,000. Discussion The grant application states, "Funding from the City will support hiring vetted educators and training to equip them with the skills needed to lead students at a critical point in their growth...St Mark serves four downtown Title 1 elementary schools with a focus on engaging students in hands-on literacy & STEAM (Science, Technology, Engineering, Arts, Math & Music) activities...The program will work to connect Dubuque's most under-served and vulnerable members to opportunities, resources, and partners who share in our commitment to nurture a diverse, equitable, safe, engaging, and sustainable community for all." Requested Action I respectfully request the City Council approve the attached Purchase of Services Agreement with St. Mark Youth Enrichment and authorize the Mayor to execute the agreement on behalf of the City. Prepared by Erica Haugen, Community Development Specialist Purchase of Services Application Purchase of Services Grant Application This form should be submitted by organizations applying to participate in the Fiscal Year 2016 Purchase of Services Grant Application Competition. Applicant Information Contact Person Kaitlin Kellogg ext. 108 Date 5/6/2016 Phone 563-582-6211 Email kkellogg(cDstmarkyouthenrichment.org Executive Director Dawn Cogan Organization Name St. Mark Youth Enrichment Organization Address 1 1201 Locust St. Organization Address2 Field not completed. City Dubuque State Iowa Zip 52001 Program/Service Information "Limit each answer to Z 500 characters Program Name St. Mark Youth Enrichment: Before &After School Program Staffing & Professional Development Opportunities Amount of Request 25000 Has your organization Yes ever received Community Development Block Grant(CDBG)funding? Has this program received Yes Purchase of Services Grant in Previous Years? If yes, what year was the 2016 Summer Heroes Academy CDBG funds through Large program last funded? Neighborhood Grant, 2015-2016 School Year Programs POS funds What was the funding 5000 CDGB, 15000 POS Grant amount? Program Information 1. Program/Service With more than 26 years of experience serving underprivileged Information (limited to students, St. Mark Youth Enrichment knows that learning and 2,500 characters) development is highly reliant on passionate, committed educators that can make life-changing connections with the students we serve. Our strong relationship with the district and local colleges allows us to hire school day staff and passionate students studying the fields of education, social work, and psychology. Funding from the City will support hiring vetted educators and training to equip them with the skills needed to lead students at a critical point in their growth. These vital components are the reason students in our programs make progress in their academic achievement, homework completion rates, relationship skills, and social-emotional growth. St. Mark serves 4 downtown Title 1 elementary schools with a focus on engaging students in hands-on literacy& STEAM (Science, Technology, Engineering, Arts, Math, & Music) activities. We also implement Conscious Discipline curriculum that helps students develop skills needed to manage internal and external conflict so they feel safe, loved, and ready to learn. Each day students receive a nutritious snack and/or breakfast, followed by wellness/physical literacy activities and then engage in various student-driven, active learning centers where team- building and independent critical thinking skills are infused throughout. Enrichment activities this year have included agricultural literacy with ISU Extension, arts/culture with Dubuque Museum of Art, Bee Branch watershed and creek, Chinese language, gardening at Dr. Viner's garden, health/wellness with Hillcrest, sustainable practices with Go Green Iowa, and service learning at Almost Home, St. Stephen's and Bethany Home. These are just a few examples of how St. Mark partners with over 50 different community providers to bring real-life knowledge to students through enrichment activities on a regular basis. In alignment with the Council's Goals & Priorities for Fiscal Year 2017, St. Mark programs are progressive and inclusive, aspire to cultivate quality, livable neighborhoods with an abundance of fun things to do, open doors to new understanding and immerse our students and their families in arts and cultural experiences, and connect Dubuque's most under-served and vulnerable members to opportunities, resources, and partners who share in our commitment to nurture a diverse, equitable, safe, engaging, and sustainable community for all. Location of the Program: Audubon, Fulton, Lincoln, and Marshall Elementary Schools in Dubuque, IA Is this a new Program? No Will this funding increase Yes the level of services provided? Is this a continuous or Yes ongoing program? 2. Briefly describe your St. Mark Youth Enrichment is a non-profit organization organization, its mission dedicated to serving vulnerable, K-5 students with the mission and goals, and additional to provide innovative programs and services that cultivate the services provided. educational and social-emotional growth of youth and families. St. Mark puts this mission into action with quality before and after school and summer learning programs, along with family engagement events and field trips, that annually engage 400+ students and their families in focused literacy/reading, STEAM, and social-emotional skill development. Our programs foster resilience in our students and their families by building relationships that create a sense of belonging and trust, provide caring role models, and offer encouragement and hope. St. Mark aims to 1.) increase or maintain the reading proficiency of every child enrolled in our programs. These efforts are seen in quality program staff who stay abreast of best practices and create hands-on curriculum that incorporates literacy and reading throughout. When students have opportunity to build these skills outside of school time it empowers them to improve their proficiency during the school day. 2.) engage families and/or caregivers of students enrolled in our programs. St. Mark offers monthly family engagement events to encourage active involvement in their student's learning, equips them with skills to break cycles of poverty and aggression, and connects them to resources that move them toward self-sufficiency. 3.) reinforce the value of learning and reading through enrichment activities. Strong relationships with community partners results in impactful enrichment opportunities, allowing learning to happen in a fun and experiential way that our families value. 4.) inform and model healthy lifestyles and active, responsible citizenship. St. Mark recognizes the importance of social and emotional skill development in building meaningful relationships and connection to the community they live in. Conscious Discipline curriculum focuses on these skills as a foundation on which academic and social vibrancy can be achieved. In addition to empowering youth through vital before and after school and summer learning programs, St. Mark also leads collaborative community initiatives including the Apples for Students program providing 1400 local students with school supplies each fall, and the Sponsor Angels program, providing warm clothing to our students and family members during the holiday season. 3. Identify the need for More children are impacted by adverse childhood experiences your program and/or the resulting in greater need for resources to support them socially, need for expansion (if emotionally, and cognitively. As school day funding dwindles requested). while student needs are more complex than ever before, it becomes increasingly clear that ensuring academic achievement for our youth requires a community wide effort. As a lead partner in Dubuque's Campaign for Grade-Level Reading, we helped develop the Community Solutions Action Plan. Data from this plan suggests one of the biggest challenges facing Dubuque is disproportionate achievement rates of minority and students in poverty. Only 25% of black 3rd graders are reading proficient and only 47% on free or reduced lunch are on-track. Furthermore, there is an urgent need for literacy support during out of school hours due to Iowa Chapter 62 Legislation that mandates the retention of 3rd grade students not reading at grade level. Currently, in Dubuque, 1 in 3 students is not achieving at this level, a key indicator of graduation/drop-out rates. A direct correlation exists between drop-outs and ending up on public assistance or involved in the criminal justice system. In 2015, DCSD reported a 15% chronic absence rate among K-3rd graders at the four Title 1 schools St. Mark serves, compared to the average 5% chronic absence rate among the other non-Title 1 elementary schools in the district. According to attendanceworks.org, students who miss more school than their peers consistently score lower on standardized tests. In addition to chronic absenteeism, schools that St. Mark serves experience increased mobility. Research reveals students who frequently move can be negatively impacted academically and socially. St. Mark programs help to ensure students are at school, on time, and ready to learn and that they are building meaningful relationships with caring adults on a consistent basis. Our efforts aim to make real impact and move the needle to bridge the achievement gap so all students are given opportunities to succeed. During last school year St. Mark had 40 students on a waiting list and began this year with 30 students on that list. When compassionate, qualified staff is hired and properly trained in our teaching philosophies, St. Mark can serve more students and expand our impact in the community. Thus contributing to eliminating disparities and ensuring a diverse, equitable, and inclusive learning environment for all of Dubuque's children. 4. Describe the primary St. Mark reaches those most in need of academic and social population served by your emotional support through caring, invested staff and fun program. Does your educational enrichment opportunities that might not otherwise program reach out to be accessible. Programs are offered at downtown Title 1 underserved populations? schools that have a disproportionate percentage of students If so, explain how. How eligible for free/reduced-price lunches and higher will these funds broaden concentrations of students from racial minorities. Disparities in access to your program? achievement rates of minority students and students in poverty result in dramatic achievement gaps among those St. Mark serves. They are likely to perform one to two years behind their peers, demonstrate very low reading and math achievement, poor school attendance and readiness, and live in single-parent households. Currently, for the schools that St. Mark serves, an average of 50.2% of students are proficient in reading and math scores, which is well below Iowa's average of 79.4%. St. Mark now serves more than 400 students annually, the majority from these vulnerable and under-served populations, and yet still only reaches a fraction of students in need. This current school year (2015-2016) more than 80% of our students receive free or reduced priced lunch and 30% identify as a racial minority. School day teachers that were surveyed about students in St. Mark programs for the 2014-2015 school year indicated that they witness the highest incidence of student decline in the following areas: behaving well in class, demonstrating respect for adults and peers, and getting along well with other students. Student decline in these areas demonstrates an increasing need for social-emotional supports. St. Mark programs will continue to meet the needs of these students and their families by providing a safe environment with qualified, compassionate staff and caring adult mentors for students in grades K-5 at Dubuque's most at- risk schools. These funds will broaden access to our programs by helping to ensure the most qualified staff are hired and retained and receive in-depth, relevant training that equips them to meet the complex needs of our students and their families in a manner that is consistent with our philosophies and practices that create thriving, successful learning environments. Hiring and training the right team results in being able to more fully meet the multifaceted needs of and build solid relationships with those we serve and those we partner with to serve, ultimately increasing the number of students and the depth of impact we make. 5. Goals, Objectives and Top Priorities Select up to three goals that your program will address and the corresponding priority. If your program meets more than one goal, pick the primary goal met and list the other goals in the narrative. Explain how your program will meet the objectives listed under the chosen priority. Be sure to refer to the City Council Goals and Priorities and match the Community Goal to the matching Priority. Example: Goal. SociaUC.ultural Vibrancy paired with Priority. Arts and Culture Master Plan. Goal #1 Social/Cultural Vibrancy If applicable, select Inclusive Dubuque Action Plan Top/High Priority: Explain how your St. Mark brings social and cultural enrichment to life in each of program addresses the our programs. It is through providing our students with access identified goal, objective to equitable opportunities for education and positive and/or priority. recreational activities in safe places surrounded by caring adults that helps them thrive. Achievement gaps for students can occur due to lack of resources and means to academic supports but also due to fewer opportunities to connect to what they learn in their classrooms. Providing experiences for our students brings context to their learning, increasing their understanding through application. We have an incredible task at St. Mark to help ensure students are given an equal opportunity to succeed in school and life. We understand that in order to create a diverse and sustainable community, we must not only work to better prepare all students to become productive members of the community, we must also celebrate and welcome cultural and social differences. Students who attend schools or programs with a diverse population develop a better understanding of the perspectives of children from different backgrounds and learn to function in a multicultural, multi-ethnic environment. At St. Mark we model inclusiveness, understanding, and celebration of differences. We incorporate culturally diverse curriculum and enrichment. St. Mark is active in the Inclusive Dubuque initiative and focused on doing its part to create a diverse, equitable, and inclusive community in the areas of housing, thriving/safe neighborhoods, art and culture, education, health, and economic well being. Outcomes that change lives for the better are at the fore-front of St. Mark's goals as we work together with dedicated partners to make progress in bringing opportunity to those that are marginalized and under-served in the community. In addition to the Inclusive Dubuque network St. Mark partners with the My Brother's Keeper Initiative. This network is specifically focused on connecting youth of color and low income youth in our community to opportunities to raise grade level reading scores and to develop employment and career skills. Being a part of the Inclusive Dubuque and My Brother's Keeper networks also allows St. Mark to actively strive for diversity in the staff and volunteers that engage with students in program. St. Mark recognizes the importance of connecting our students with positive role models that reflect the diversity and the experiences of those we serve. Goal #2: Partnering for a Better Dubuque If applicable, select Field not completed. Top/High Council priority Explain how your St. Mark concentrates on building strategic partnerships with a program addresses the core group of community leaders focused on how we can identified goal, objective collectively improve student achievement. In addition to and/or priority. Inclusive Dubuque and My Brother's Keeper networks, St. Mark staff actively engage in school site council and PBIS teams, best practice and advocacy work groups, neighborhood associations, youth and family well being, advisory committees, and leadership networks. Examples of impact can be found in our partnerships with local colleges, AmeriCorps, and Dubuque's Campaign for Grade Level Reading (GLR). St. Mark programs are integrated in many local college's class syllabus. This ranges from students volunteering to help tutor all the way to class projects to develop and implement engaging literacy activities with students and their families. AmeriCorps members are trained in literacy strategies and dispersed throughout the district during the school year and then bring their knowledge and experience to students in our Summer Heroes Academy. As a lead partner in GLR, St. Mark focuses at least an additional five hrs/week in out-of-school time literacy enrichment and tutoring for more than 400 at-risk students, producing real results for reluctant and struggling readers. Sharing ideas, resources, and data not only benefits our students, families, and schools, it is essential for the economic development of the Dubuque community. The Annie E. Casey Foundation notes that"every student who does not complete high school costs our society an estimated $260,000 in lost earnings, taxes and productivity." St. Mark programs give local students the tools they need to experience a positive connection to school and community—increasing the likelihood that they will graduate. St. Mark has extensively partnered with Dubuque Community School District since 1988 to provide excellent programs. We hire staff from the district and train their future employees by placing college education and social work students in our programs to provide struggling students with the highest quality educational enrichment. We also work with partners such as Leisure Services to streamline services for our families, Bell Tower to facilitate family field trips, and engage students in sustainability efforts through partnerships with community gardens, Scouts, Go Green Iowa, Swiss Valley Nature Center, and the National Mississippi River Museum and Aquarium. Partnering for a better Dubuque is inherent in all that we dol Goal #3: Field not completed. If applicable, select Field not completed. Top/High Council priority Explain how your 1201 Locust St. ATTN: MASONIC GRANT program addresses the identified goal, objective and/or priority. Outcomes 6. Describe your St. Mark implements Results Based Accountability strategies program's impact on the that focus on asking three types of questions, 'How much did Dubuque Community. we do?', 'How well did we do it?', and 'Is anyone better off?'. Ensuring those we serve are better off because of what we do is so important that we recently added an Evaluation & Data Management Coordinator to our team. St. Mark collects feedback from stakeholders including students, parents, staff/volunteers, school day teachers, and community partners. This data is used, along with district and statewide assessment information, to ascertain our level of impact, areas of strength, and opportunities for growth. Our programs contribute to school attendance, engagement in learning, test scores and grades, keep kids safe, healthy and on track for success, and provide support for working families. In tracking our data, we see that our students make significant progress in both academic and social-emotional growth. We also see that our ability to hire and retain quality staff, and provide relevant training to them, directly correlates to the impact we make. It is evident in the number of incident reports for behaviors/aggression and removal of students from program being drastically reduced while observations and reports of students, families, and site staff feeling safe and connected and school day teachers and community partners feeling respected and enthusiastic about our programs significantly increases. Teacher surveys indicate improvement in: participating and being attentive in class, academic performance, demonstrating respect for peers, and time management. Staff surveys indicate that overall, students in program improved somewhat or notably, including growth in reading abilities. Parents also reported high levels of improvement in school and agreed that their child has positive academic behaviors at home like reading and math activities. Families responded favorably in general, finding homework help and mentoring as a critical component of the program. Multiple families also named "learning" and "academic activities" as part of what worked well. Because St. Mark students are the future employees and leaders of Dubuque, it is critical that the community work together to eliminate disparities they face to positively impact and shape their lives now through equitable education, safe and thriving neighborhoods, enrichment opportunities, and compassionate engagement. If we do not, the cost will be much greater. 7. Outcomes All students enrolled in St. Mark programs will demonstrate increased proficiency in reading and mathematics. *75% of enrolled students will demonstrate proficiency in annual literacy assessments conducted by Dubuque Community School District and St. Mark. *75% of enrolled students will demonstrate proficiency in annual mathematics assessments conducted by Dubuque Community School District and St. Mark. Performance is measured through pre- and post-tests, progress observations, formative assessments, and district and statewide assessments. All students enrolled in St. Mark programs will demonstrate competency in physical and social- emotional health, positive connection to community and school, and character development. *All actively enrolled students will participate in wellness activities and character building enrichment activities on a weekly basis. *At least 75% of enrolled students will regularly attend program and school. School-day teachers will report 75% of St. Mark enrolled students demonstrate a motivation to learn and participate in the classroom. *90% of St. Mark students will report feeling safe and connected to a trusting adult. Performance is measured through attendance and participation records, enrichment calendars, curriculum plans, surveys, observations, and formative assessments. Families of students enrolled in St. Mark programs will demonstrate active engagement in the academic and social-emotional growth of their children. *75 % of parents will participate in literacy engagement activities. *75 % of parents will report reading to child at home and checking homework. *75% of parents will identify two positive character skills that are practiced at home. Performance is measured through attendance and participation records, family engagement calendars, parent communication tools, surveys, observations, and formative assessments. 8. List any other agencies While many other non-profit providers offer child-care, that provide the same or homework help, and social activities for at-risk K-5 youth in similar services in the Dubuque, no other organization provides the depth or breadth community, describe how of structured academic enrichment, social-emotional focused your program is different, development, and collaboration in connecting community and how you work in partners directly with programming. St. Mark is a leader in partnership with them. tracking student achievement, evaluation and data management to ensure impact, results based accountability, effectively engaging parents, and sharing ideas, resources, and data for collective impact. St. Mark prides itself on hiring staff and placing volunteers who are or will be educators. We put strong emphasis on providing staff with professional development opportunities that help them feel confident in meeting the academic, behavioral, and social-emotional needs of students. St. Mark aims to achieve goals through various strategic partnerships that advance our mission and align efforts for a broader impact. We work incredibly hard with an innovation and integrity mindset to collaborate with others who are focused on similar outcomes. The depth and strength of our partnerships is evidenced with DCSD. St. Mark provides services on-site at the Title 1 schools we serve, hires school day staff, convenes a 21st Century advisory council, collaborates on professional development, partake in site councils and PBIS teams, and align our curriculum with school day learning. St. Mark is also a founding member of the My Brother's Keeper initiative in collaboration with City of Dubuque, Dream Center, Boys &Girls Club, Dubuque Black Men's Coalition, Multicultural Family Center, DCSD, local colleges and others. These youth serving organizations have formed relationships built on trust and a desire to make meaningful impact. We are working to fully understand each other's roles and impact in order to fully understand and identify gaps or duplication in services and opportunities to more strategically align our efforts. St. Mark values partnerships with many more youth serving organizations, including: Bell Tower (enrichment programming), Boys and Girls Club (healthy meals and gym space for students in summer), Boy/Girl Scouts (enrichment programming), ISU Extension (enrichment programming), Two by Two (professional development and character tool kits) Carnegie Stout Public Library (field trips, enrichment), and Matter Creative (enrichment programs) to name a few. 9. Describe your plan to St. Mark works towards program sustainability with effective sustain this program once strategies that include a diverse funding base, strong and the City's assistance is no dependable community partnerships, strategic networking, longer available. results based accountability, dynamic leadership at all levels, and a culture of innovation and inclusion. Major financial support continues to grow through: maximizing federal, state, and local dollars to improve and expand our programs. These grant funds make up 49% of our budget and provide a stable base to support specific elements of program that helps inform decisions on allocating other resources. donations secured by cultivating new and engaging existing donors. Funding and in- kind support from individuals, non-profits, community partners, and enrichment providers make up 24% of our budget. fundraising events hosted annually in the spring and winter account for 14% of our budget. community outreach initiatives that provide school supplies to 1400 students and warm winter clothing to more than 100 children in need each year makes up 5% of our budget. nominal program and center rental fees account for the remaining 8% of our budget. Community partnerships and networks are nurtured to help build our capacity and open doors to sustainability for St. Mark. We benefit from financial and in-kind support, visibility, stronger collaborations, and sharing resources that benefit us and our families. Using a results based accountability model sets the stage for collecting data that supports sharing our story of success in making a meaningful difference in the lives of those we serve. Being able to demonstrate our impact enhances our ability to create sustainable programs. St. Mark reports outcomes to all stakeholders and welcomes their input on what is working well and what could be working better. In alignment with accountability, our leadership at all levels infuses a culture where creative thinking and doing are encouraged. Our dynamic, innovative, and inclusive environment attracts those who are best suited to help us put our mission into action, whether they are funders, partners, networks, program participants, or staff. St. Mark is committed to our mission and is therefore strategic when analyzing opportunities for funding, partnerships, networking, and program expansion. We do not change our focus or programming to meet the needs of specific funding, but rather allocate resources to those that align with our efforts. Can the program Yes commence (or continue) if partial funds are awarded? Program Budget Does your organization Calendar operate on a Calendar or Fiscal Year? Description of Expenses Administrative Most Recent Completed 5821 year actual: Total Proposed Program 4350 Costs (Estimate): Salaries/Benefits of Program Most Recent Completed 307856 Year Actual: Total Proposed Program 366675 Costs (Estimate) Supplies & Materials Most Recent Completed 29951 Year Actual: Total Proposed Program 32130 Costs (Estimate) Space & Equipment Rental Most Recent Completed 34046 Year Actual: Total Proposed Program 24143 Costs (Estimate) Marketing/Publicity Most Recent Completed 29044 Year Actual: Total Proposed Program 30784 Costs (Estimate) Third Party Payments Most Recent Completed 2261 Year Actual: Total Proposed Program 9698 Costs (Estimate) Other: Misc & Investment Expense Most Recent Completed 142 Year Actual: Total Proposed Program 1275 Costs (Estimate) Other: Field not completed. Most Recent Completed Field not completed. Year Actual: Total Proposed Program Field not completed. Costs (Estimate) Total Expenses Most Recent Completed 409121 Year Actual: Total Proposed Program 469055 Costs (Estimate) Description of Income Earned Income (tickets, fess, concessions, ads, sponsorship) Most Recent Completed 20379 Year Actual: Total Proposed Program 21075 Costs (Estimate) Contributions (Individuals, grants, in-kind) Most Recent Completed 360638 Year Actual: Total Proposed Program 416250 Costs (Estimate) Other: Misc & Interest Income Most Recent Completed 2606 Year Actual: Total Proposed Program 3000 Costs (Estimate) Total Income Most Recent Completed 383623 Year Actual: Total Proposed Program 440325 Costs (Estimate) Net Gain/Loss Most Recent Completed 25498 Year Actual: Total Proposed Program 28730 Costs (Estimate) Provide any additional St. Mark serves Dubuque's most economically challenged information as needed to neighborhoods, depending on community support as 82% of explain budget. Max students receive scholarships. We work hard to reduce 1,300 characters. expenses and restructured our team to be streamlined and efficient while still ensuring outcomes are met. As student challenges and barriers to success continue to increase rapidly, we must hire and retain qualified and educated staff who are committed to our mission. Staff need relevant training that gives tools, skills, and resources to meet the growing needs and address the barriers that will help eliminate the achievement gap amongst our community's most vulnerable youth and families. Funding will allow us to not only continue serving our current levels but also increase the number of students who can be pulled off of waiting lists and ensures staff receives the proper training to create dynamic learning environments that lay the foundation for growth. St. Mark believes in, and research strongly supports, the notion that investing in our community's most vulnerable children today will pay long term dividends. And not investing now will cost much more later on. The return on investment is evidenced by the consistent outcomes achieved in our programs. Thank you for your continued dedication and support! Grant Reporting The Fiscal Year 2017 Purchase of Service Grant will require minimum reporting on the following. Race, Ethnicity, Age, Income of Household/Person. Reporting will be done on a quarterly basis, with reports being due on the 15th of the month in October, January, April, and July. Disclaimer & Virtual Signature I hereby certify that, to the best of my knowledge, all of the information contained in this Application is true and correct. I understand that the City of Dubuque reserves the right to request modifications of this application during the process of contract negotiation, and, as finally approved by City of Dubuque, the Application shall serve as the work plan of the organization and shall become part of the Contract with the City of Dubuque. The Applicant certifies: 1. Agreement to submit further documents as required by the City of Dubuque to determine project and organization eligibility; 2. Agreement to maintain any other specific records, as may be determined necessary by the City of Dubuque, to the overall evaluation of the project; 3. Agreement to comply with all federal, state and local regulations governing the award and use of grant funds; 4. Agreement to submit additional information as necessary to determine eligibility for Community Development Block Grant (CDBG) funds. I certify that I am authorized to submit this application on behalf of the organization named herein. Electronic Signature Dawn Cogan Title Executive Director Date 5/8/2016 Checklist of REQUIRED Articles of Incorporation, Evidence of non-profit status, List of Attachments current Board of Directors and their affiliations, List of program's current staff positions, Most recent Annual Financial Statement or/Audit, Agency's Current Year Operating Budget (Limit to one page), Attach a copy of your long range plan Attachments may be E-Mail emailed, mailed, or delivered to Housing & Community Development. How will you deliver the documents Mail or Hand Deliver to: Erica Haugen Housing& Community Development Department 350 West 6th Street, Suite 312, Dubuque, lA 52001 Application is Complete Thank you for your interest in Purchase of Services Grant(POSG). Application deadline is May 8, 2016. Grant Awards will be announced in June and contracts begin July 1, 2016. Email not displaying correctly?View it in your browser. Click here to report this email as spam. City of Dubuque Iowa Purchase of Services Grant Application PURCHASE OF SERVICES GRANT APPLICATION Applicant Information Contact Person: Kaitlin Kellogg ext. 108 Phone: 563-582-6211 E-mail: kkellogg(a)stmarkyouthenrichment.org Organization Name: St. Mark Youth Enrichment Address Line 1: 1201 Locust St. Address Line 2: City, State, Zip: Dubuque, Iowa, 52001 Executive Director: Dawn Cogan Program/Service Information Program Name : St. Mark Youth Enrichment: Before &After School Program Staffing & Professional Development Opportunities Amount of Request: 25000 Program Budget Can the program commence (or continue) if partial funds are awarded? Yes Does your organization operate on a calendar or fiscal year? Calendar If Fiscal Year, Start Date: End Date: List all expenses and revenues associated with your Program. Be specific. Description of Expense Most Recent Total Proposed Completed Year Program Costs Actual Year ended Administrative 5,821 4,350 Salaries/Benefits of Program 307,856 366,675 Supplies &Materials 29,951 32,130 Space & Equipment Rental 34,046 24,143 MarketinglPublicity 29,044 30,784 Third Party Payments 2,261 9,698 Other Ins/Misc./Bad Debt 142 1275 Other: Other: Total Expenses 409,121 469,055 City of Dubuque Iowa Purchase of Services Grant Application Description of Most Recent Completed Total Proposed Program Income Income Year Actual Income Earned Income 20,379 21,075 (tickets, fees, concessions, ads, sponsorship) Contributions 360,638 416,250 (Individuals, grants, in-kind) Other. Misc& 2,606 3,000 Interest Income Total Income 383,623 440,325 Net Gain/Loss 25,498 28,730 Provide any additional information as needed to explain budget. 1,300 characters max St. Mark serves Dubuque's most economically challenged neighborhoods, depending on community support as 82%of students receive scholarships. We work hard to reduce expenses and restructured our team to be streamlined and efficient while still ensuring outcomes are met. As student challenges and barriers to success continue to increase rapidly, we must hire and retain qualified and educated staff who are committed to our mission. Staff need relevant training that gives tools, skills, and resources to meet the growing needs and address the barriers that will help eliminate the achievement gap amongst our communitya€TMs most vulnerable youth and families. Funding will allow us to not only continue serving our current levels but also increase the number of students who can be pulled off of waiting lists and ensures staff receives the proper training to create dynamic learning environments that lay the foundation for growth. St. Mark believes in, and research strongly supports, the notion that investing in our community's most vulnerable children today will pay long term dividends. And not investing now will cost much more later on. The return on investment is evidenced by the consistent outcomes achieved in our programs. Thank you for your continued dedication and support! CITY OF DUBUQUE, IOWA AND ST. MARK YOUTH ENRICHMENT FY 17 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Agreement THIS AGREEMENT, executed on the,_'} day of 2016 is entered into by and between the City of Dubuque, Iowa, a municl•al co96oration organized and existing under the laws of the State of Iowa (Recipient) and St. Mark Youth Enrichment, with its principal place of business in Dubuque, Iowa (Subrecipient). Whereas, Recipient is a participating city in the Community Development Block Grant (CDBG) Program of the United States Department of Housing and Urban Development; and Whereas, Recipient wishes to engage Subrecipient to assist Recipient in providing services to low -and moderate- income persons. NOW THEREFORE, in consideration of the premises and respective covenants, agreements and representations hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES: Subrecipient shall: a. Provide a program of services to eligible residents of the City of Dubuque in a manner satisfactory to Recipient and consistent with all standards required as a condition of providing these funds. Such program will include the following activities eligible as a public service under the Community Development Block Grant (CDBG) Program: 1) Operating costs for St. Mark Youth Enrichment: Before & Afterschool Program Staffing & Professional Development opportunities. 2) Program will serve underprivileged students to promote progress in academic achievement, homework completion rates, relationship skills, and social - emotional growth. b. The City Council goals and priorities are attached hereto as Exhibit A. II. City Responsibilities City designates the City Manager, or the City Manager's designee, to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been 1 revoked. III. National Objective Subrecipient certifies and maintains documentation that the activities carried out with funds provided under this Agreement will meet the CDBG program's National Objectives as stated: 570.208(a)(2) Activities benefiting low and moderate income persons; Benefit a limited clientele at least 51 percent of who are low- or moderate - income persons; and Requires information on family size, household income, ethnic origin and female head of household. (Exhibit D lists the income guidelines) IV. Project Budget The total compensation to be paid to Subrecipient by Recipient for the services shall in no event exceed the sum of $20,000 for the program as described in Exhibit B. Any indirect costs charged must be consistent with the conditions of Section II (C) (3) of the attached Exhibit C, Standard Requirements. In addition, Recipient may require a more detailed budget breakdown, and Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by Recipient. The Recipient and Subrecipient must approve any amendments to this Agreement in writing. V Dates of Commencement and Completion The services to be provided under this Agreement shall be commenced on July 1, 2016 and shall be completed not later than June 30, 2017. Recipient's right to enforce the terms of this Agreement shall be extended to cover any additional time during which Subrecipient remains in control of CDBG funds or other assets including program income. VI. Agreement Documents and Provisions Subrecipient shall perform or arrange for the provision of services under this Agreement in the manner and time provided herein and in accordance with the Community Development Block Grant Program, including the Standard Requirements in Exhibit C and Income Guidelines in Exhibit D herein attached and a part of this agreement. VII. Payment a. It is expressly agreed and understood that the total amount to be paid by Recipient to Subrecipient under this Agreement shall not exceed the amount stated in Section III of this Agreement. Such amount shall constitute complete compensation for all services to be rendered, including expenses for the operation of the physical structure and the cost in providing staff to deliver homeless services. Such amount shall be paid upon written request on the Request for Payment form, with proof satisfactory to the recipient of expenses. Drawdowns for payment of eligible expenses are reimbursement only. b. Payment shall be supported by documentation provided by 2 Subrecipient of costs incurred for services provided pursuant to this Agreement. c. Payments are be contingent upon certification of Subrecipient's financial management system in accordance with the standards specified in OMB Super Circular A-110, the provisions of which are available in the office of Recipient. VIII. Insurance. At the time of execution of this Agreement by Subrecipient, Subrecipient shall provide to Recipient copies of Subrecipient's insurance certificates showing general liability, automobile liability, and workers compensation insurance coverage to the satisfaction of Recipient for the term of this Agreement. IX. Reporting and Monitoring. Subrecipient shall render to Recipient a quarterly written report detailing its activities, number of persons provide emergency shelter. Quarterly reports shall be submitted no later than the 15th of the month in October, January, April and July. Subrecipient shall submit a measurable performance outcome for the funded activity when submitting the quarterly report, as follows: The program shall provide outcomes related to students demonstrated proficiency in annual mathematic assessments, wellness and character building enrichment activities, student attendance, motivation to learn and participate in the classroom, feeling safe and connected to a trusting adult, parent participation in literacy engagement activities and checking homework, and parents identification of positive character skills. Subrecipient shall be subject to at least one site visit by personnel of Recipient, or a designee of Recipient or duly authorized federal officials, for the purpose of monitoring Subrecipient's delivery of services and compliance with terms of the agreement and federal standards that pertain to federally funded grant activities. Income verification of the participants as provided on the Participant Report, if applicable, shall be provided for review at the time of monitoring. Review may include accounting books and records for financial management and documentation of program costs. The reviewers shall have access to and the right to examine, audit, excerpt and /or transcribe any of Subrecipient's records pertaining to all matters covered by this Agreement. Subrecipient shall be subject to subsequent site visits to review correction of any deficiencies in compliance. Recipient shall monitor the performance of Subrecipient against goals and performance standards required herein. Substandard performance as determined by Recipient shall constitute noncompliance with this agreement. If action to correct such substandard performance is not taken by Subrecipient within a reasonable period of time after being notified by Recipient, contract suspension or termination procedures shall be initiated 3 X. Termination of Agreement This Agreement may be terminated by either party by giving the other party a written, ninety (90) day notice of such termination or upon such other terms as may be mutually agreeable. If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Agency of such termination not less than five (5) days before the effective date of such termination. XI. Notices Communication and details concerning this Agreement shall be directed to the following agreement representatives: Recipient Community Development Specialist Housing and Community Development 350 West 6th Street Suite 312 Dubuque, Iowa 52001 Subrecipient Dawn Cogan, Director St. Mark Youth Enrichment 1201 Locust St. Dubuque, IA 52001 XII. Assignability Agency shall not assign this Agreement or any interest in this Agreement without prior written approval of City. IN WITNESS WHEREOF, the parties have executed this contract with the referenced attachment Exhibit A, B, C and D as of the date first written above. Witness: 27;0000 rir). 4 St. Mark Youth Enrichment Dawn Cogan, Executive Director EXHIBIT A Dubuque THE CITY 07 AIMmeric CSN ASTAINABLE DUB &TE III CI„' DUBUQUE viable • livable • equitable Masterpiece on the Mississippi 2007 • 2012 •2013 The following is the official Vision & Mission Statements, Five Year City and Community Goals, Top & High Priorities for the City of Dubuque as well as the Management Plan and Major Projects as adopted by the Dubuque City Council at their annual goal-setting session. The Dubuque 2030 Vision Statement The city of Dubuque is a progressive, sustainable city with a strong diversified economy and expanding global connections. The Dubuque community is an inclusive community celebrating culture and heritage and has actively preserved our "Masterpiece on the Mississippi.” Dubuque citizens experience healthy living and retirement through quality, livable neighborhoods with an abundance of fun things to do; and are engaged in the community, achieving goals through partnerships. Dubuque city government is financially sound and is providing services with citizens getting value fortheirtax dollar. Mission Statement The City's mission is to deliver excellent municipal services that support urban living and a sustainable city plan for the community's future and facilitate access to critical human services which result in financially sound city government and citizens getting services and value for their tax dollar. Five-Year Community Goals for a Sustainable Dubuque Economic Prosperity Environmental Integrity Social/Cultural Vibrancy Five-Year City Goals Planned and Managed Growth Partnering for a Better Dubuque Improved Connectivity: Transportation and Telecommunications Five-Year Organizational Goal Financially Responsible City Government and High Performance Organization 2015 — 2017 Top Priorities (in alphabetical order): 1) East-West Corridor Study Implementation City Goal: Improved Connectivity Key Issues: • Property acquisition 5 • Environmental assessment • Funding for design and construction of roundabouts 2015-2017 Actions: • Complete preliminary design and identify property acquisition parameters • Maintain corridor preservation ordinance • Development of a plan including prioritization of locations and capital improvement funding options 2) Environmental Stewardship Commission (Community Resiliency Commission) Community Goal: Environmental/Ecological Integrity Key Issues: • Purpose and role of commission • Determine process for community engagement, size and diverse representation of community • Staff support and funding 2015-2017 Actions: • City Council approval of process to transition to new commission format • Comprehensive community engagement effort to define purpose and role of commission and to recruit candidates 3) Historic Millwork District Parking (470 spaces) City Goal: Improved Connectivity Key Issues: • Land acquisition • Funding 2015-2017 Actions: • Opening of new intermodal facility • Property acquisition for construction of surface parking lots • Funding strategy for design and construction of surface parking lots 4) Inclusive Dubuque Action Plan Community Goal: Social/Cultural Vibrancy Key Issues: • Community engagement process on development of action plan for priority areas • City role as a partner in implementation of action plan 2015-2017 Actions: • Completion and analysis of Equity Profile assessment • Development and implementation of Equity Profile Action Plan • Quarterly reporting on implementation of Action Plan 5) Street Maintenance Program City Goal: Improved Connectivity 6 Key Issues: • Evaluate existing service level targets • Funding to restore or expand service level targets 2015-2017 Actions: • Review current program, assess condition of completed areas, and evaluate community needs • Development of a strategy including prioritization of locations and budget options to maintain or increase service level 2015 — 2017 High Priorities (in alphabetical order): 1) Central Iowa Water Association City Goal: Planned and Managed Growth Key Issues: • Annexation • Funding • Water Infrastructure 2015-2017 Actions: • Research and prepare response to litigation • Policy decisions on water extensions, annexation, and funding 2) City Economic Development Community Goal: Economic Prosperity Key Issues: • Review staffing levels and partners • Funding • Goals and performance expectations 2015-2017 Actions: • Identify partnership opportunities • Develop strategic plan including funding 3) Citywide Flower-Planting Program City Goal: Partnering for a Better Dubuque Key Issues: • Policy on use of volunteers • Policy of location(s) for existing or new plantings and type of plant (annual vs. perennial) • Funding and hiring freeze • Ongoing operation and maintenance costs 2015-2017 Actions: • Review current activities and assess community needs • Development of a strategy including: prioritization of locations, plantings and staffing vs. volunteer needs and budget recommendations 4) Comprehensive Plan City Goal: Planned and Managed Growth Key Issues: • Funding • Community assessment and input process 2015-2017 Actions: • Research alternative staffing and consultant options for development of process and creation of a new 20-year plan • City Council direction on process and funding recommendations 5) Debt Reduction Policy Organizational Goal: Financially Responsible City Government and High Performance Organization Key Issues: • Education for general public and for city staff • Continued implementation of strategic debt reduction 2015-2017 Actions: • Review and assessment of existing debt-reduction strategy • Development of a policy for evaluating future use of debt for projects including: prioritization of capital projects and capital project assistance programs, project timing, and budget recommendations 6) Methane Gas Plan Community Goal: Environmental/Ecological Integrity Key Issues: • Identify opportunities for methane gas reuse in city operations including BioCNG • Development agreement for methane gas reuse 2015-2017 Actions: • Develop cost/benefit analysis and policy for city vehicle conversion to BioCNG • Negotiate agreement with private sector for methane gas reuse at Landfill and Water & Resource Recovery Center including capital investment requirements 7) Surveillance Camera Funding Community Goal: Social/Cultural Vibrancy Key Issues: • Evaluate types of cameras for future purchase • Funding and location of additional cameras • Use and storage of data and information 2015-2017 Actions: • Identify areas and phasing plan for installation of additional cameras, including access 8 to existing or new fiber-optic connections • Direction on funding for additional cameras and increased video storage capacity 2015 — 2017 Management Agenda (in alphabetical order): 1) Greater Dubuque Development Corporation: Sustainable Innovation Community Goal: Economic Prosperity Key Issues: • Alternative energy options including bio compressed natural gas and hydropower • IBM Smarter Cities partnership next phase 2015-2017 Actions: • Council direction on agreement for use of bio compressed natural gas • Analysis of hydropower opportunities • IBM partnership agreement for workforce development and open data 2) Industrial Park Development Community Goal: Economic Prosperity Key Issues: • Actions • Funding 2015-2017 Actions: • Develop budget options • City Council direction on budget and timeline 3) National Incident/Event Report Community Goal: Social/Cultural Vibrancy Key Issues: • Community engagement • Community preparedness 2015-2017 Actions: • Community engagement effort to identify issues • Review other city and federal reports to develop local best practices • Prepare report with local options and recommendations 4) Skate Park City Goal: Partnering for a Better Dubuque Key Issues: • Location and scope of project 2015-2017 Actions: • Contract for evaluation, design and site location • Initiate private fundraising effort 9 5) Police: Review Best Practices Organizational Goal: Financially Responsible City Government and High Performance Organization Key Issues: • Community engagement • Community preparedness 2015-2017 Actions: • Review 21 st Century National Police Report to identify best practices and analyze opportunities for Dubuque • Prepare action plan with options for City Council review and direction 10 Exhibit B Program Budget for CDBG Expenditures Description of Expense Total Proposed Program Costs Total Proposed CDBG Expense Salaries/Benefits of Program 366,675 18,000 Professional 4,350 2,000 Development/Ad min istrative 11 EXHIBIT C STANDARD REQUIREMENTS COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)AGREEMENTS TABLE OF CONTENTS i GENERAL CONDITIONS... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...1 A. General Compliance............................................................................................................1 El Independent Contractor.......................................................................................................1 C. Hold Harmless .....................................................................................................................1 D. Workers' Compensation ......................................................................................................1 E. Insurance and Bonding........................................................................................................1 F. Grantor Recognition.............................................................................................................1 G. Amendments........................................................................................................................1 H. Suspension orTermination..................................................................................................2 U. ADMINISTRATIVE REQUIREMENTS... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... .....2 A. Financial Management.........................................................................................................2 1 Accounting Standards...............................................................................................2 2. Cost Principles..........................................................................................................2 El Documentation and Reuordkeeping.....................................................................................2 1 Records tobeMaintained.........................................................................................2 2. Retention...................................................................................................................2 3. Client Data .................................................................................................................3 4. Disclosure .................................................................................................................3 5. Closeouts..................................................................................................................3 0. Audits and Inspections..............................................................................................3 C. Reporting and Payment Procedures....................................................................................3 1 Program Income .......................................................................................................3 2. Payment Procedures.................................................................................................3 3. Indirect Costs............................................................................................................4 4. Progress Reports......................................................................................................4 D. Procurement........................................................................................................................4 1 Compliance...............................................................................................................4 2. OMB Standards.........................................................................................................4 3. Travel........................................................................................................................4 E. Use and Reversion ofAssets ||| RELOCATION, PROPERTY ACQUISITION AND 0NE'F0R'0NEHOUSING REPLACEMENT 4 |V. PERSONNEL AND PARTICIPANT CONDITIONS... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ....4 A. Civil Rights...........................................................................................................................4 1 Compliance...............................................................................................................4 2. Nondiscrimination......................................................................................................5 3. Land Covenants........................................................................................................5 4. Section 504................................................................................................................5 ElAffirmative Action.................................................................................................................5 1 Approved Plan...........................................................................................................5 2. Women-Minority Businesses (KVMBE).....................................................................5 3. Access toRecords....................................................................................................0 4. Notifications...............................................................................................................0 5. Equal Employment Opportunity and Affirmative Action (EE[/AA) Statement 0 h. Subcontract Provisions .............................................................................................0 C. Employment Restrictions.....................................................................................................0 1 Prohibited Activity......................................................................................................0 2. Labor Standards........................................................................................................0 3. "Section 3' Clause.....................................................................................................7 12 a. Compliance....................................................................................................7 b. Notifications....................................................................................................7 C. Subcontracts..................................................................................................8 D. Conduct................................................................................................................................8 1. Assignability..............................................................................................................8 2. Hatch Act...................................................................................................................8 3. Conflict of Interest.....................................................................................................8 4. Subcontracts.............................................................................................................8 a. Approvals.......................................................................................................8 b. Monitoring.......................................................................................................8 Content...........................................................................................................8 d. Selection Process...........................................................................................8 5. Lobbying....................................................................................................................9 6. Copyright...................................................................................................................9 7 Faith Based Organization..........................................................................................9 V. ENVIRONMENTAL CONDITIONS... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... .....9 A. Air and Water.......................................................................................................................9 B. Flood Disaster Protection.....................................................................................................9 C. Lead Based Paint...............................................................................................................10 D. Historic reservation ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ....... .......10 VI. SEVERABILITY... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ............ ....... ...10 VII SECTION HEADINGS AND SUBHEADS...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ..........10 VIIIWAIVER...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ...........10 IX ENTIRE AGREEMENT...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ......10 13 EXHIBIT C STANDARD REQUIREMENTS COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)AGREEMENTS I. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this contract. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The Recipient shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the Subrecipient is an independent contractor. C. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Recipient from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation The Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this contract. E. Insurance and Bonding The Subrecipient shall maintain insurance to the extent and against such hazards and liabilities as are in keeping with the current insurance program of Recipient. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantor Recognition The Subrecipient shall insure recognition of the role of the Recipient in providing services through the agreement. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds available under this contract. G. Amendments Recipient or subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations and approved by the Recipient's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release Recipient or Subrecipient from its obligations under this Agreement. Recipient may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of, the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Recipient and Subrecipient. - 14- H. Suspension or Termination In accordance with 24 CFR 85.43, the Recipient may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to)the following: 1) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time, 2) Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement, 3) Ineffective or improper use of funds provided under this Agreement, or 4)Submission by the Subrecipient to the Recipient reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Recipient or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Recipient determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Recipient may terminate the award in its entirety. II. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Nonprofit Organizations"or A-21, "Cost Principles for Educational Institutions"as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be Maintained The Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken, b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program' C. Records required determining the eligibility of activities, d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance, e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program, and f. Financial records as required by 24 CFR Part 570.502, and 24 CFR 84.21-28: and g. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Retention The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the Recipient's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later. 3. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to client name, address, income level or other basis for determining eligibility, and description of services provided. Such information - 15 - shall be made available to Recipient monitors or their designees for review upon request. 4. Disclosure The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Recipient's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Closeouts Subrecipient obligation to the Recipient shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to, making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Recipient), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Recipient, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at anytime during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Recipient policy concerning subrecipient audits and OMB Circular A- 133 C. Reporting and Payment Procedures 1. Program Income The Subrecipient shall report quarterly all program income (as defined at 24 CFR 570.500(a)) generated by activities carried outwith CDBG funds made available under this contract.The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Recipient at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Recipient. 2. Payment Procedures The Recipient will pay to the Subrecipient funds available under this agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Recipient policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Recipient in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Recipient reserves the right to liquidate funds available under this contract for costs incurred by the Recipient on behalf of the Subrecipient. 3. Indirect Costs If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Recipient for approval, in a form specified by the Recipient. 4. Progress Reports The Subrecipient shall submit quarterly Activity Progress Reports to the Recipient in the form - 16- and content as required by the Recipient. D. Procurement 1. Compliance The Subrecipient shall comply with current Recipient policy concerning the purchase of equipment and shall maintain inventory records of all nonexpendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Recipient upon termination of this Agreement. 2. OMB Standards Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. 3. Travel The Subrecipient shall obtain written approval from the Recipient for any travel outside the metropolitan area to be paid for with funds provided under this contract. E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Recipient any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five(5)years after expiration of this Agreement. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Recipient an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Recipient.The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five- year period. 3. In all cases in which equipment acquired, in whole or in part, with funds underthis Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received underthis Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a)transferred to the Recipient for the CDBG program or (b) retained after compensating the Recipient [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. III. RELOCATION, PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMETN 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)I (b)the requirements of 24 CFR 570.606(c)governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act, and(c)the requirements in 24 CFR 570.606(d)governing optional relocation policies. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2)that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Recipient ordinances, resolutions and policies concerning the displacement of persons from their residences. IV. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance - 17- The Subrecipient agrees to comply all federal, state and local regulations in effect as of the date of this Agreement as they apply to federally assisted programs and activities of the Department of Housing and Urban Development and with Title VI of the Civil Rights Act of 1964 as amended, Title VII I of the Civil Rights Act of 1968 as amended, Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 3. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964(P. L. 88- 352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Recipient and the United States are beneficiaries of and entitled to enforce such covenants.The Subrecipient, in undertaking its obligationto carryoutthe program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Recipient shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan The Subrecipient agrees that it shall be committed to carry out pursuant to the Recipient's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Recipient shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women-Minority-Owned Businesses (W/MBE) The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro- Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian- Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Recipient, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and - 18 - provisions stated herein. 4. Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions The Subrecipient will include the provisions of Paragraphs X A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities, explicitly religious activities, lobbying, political patronage, and nepotism activities. 2. Labor Standards The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement.The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Recipient for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight(8)units, all contractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Recipient pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers, provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3"Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Recipient, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Recipient, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors,their successors and assigns,tothose sanctions specified by the Agreement through which Federal assistance is provided.The - 19- Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low-and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation(including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low-and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located,where feasible, priority should be given to low-and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low-and very low-income participants in other HUD programs, and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located,where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low-and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. C. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Recipient. The Subrecipient will not subcontract with any entity where is has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability The Subrecipient shall not assign or transfer any interest in this contract without the prior written consent of the Recipient thereto, provided, however, that claims for money due or to become due to the Subrecipient from the Recipient under this contract may be assigned to a bank, trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Recipient. 2. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this -20- contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code. 3. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision- making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a"covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Recipient, the Subrecipient, or any designated public agency. 4. Subcontracts a. Approvals The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Recipient prior to the execution of such agreement. b. Monitoring The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow up actions taken to correct areas of noncompliance. C. Content The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this agreement. d. Selection Process The Subrecipient shall undertake to insure that all subcontracts let in the performance of this agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Recipient along with documentation concerning the selection process. 5. Lobbying The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or -21 - cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, and C. It will require that the language of paragraph(d)of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright If this contract results in any copyrightable material or inventions, the Recipient and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use,the work or materials for governmental purposes. 7. Religious Organization The Subrecipient agrees that funds provided under this Agreement will not be utilized for explicitly religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. a) The organization may not discriminate against a beneficiary or prospective beneficiary based on religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice; b) The organization may not require a beneficiary to attend or participate in any explicitly religious activities that are offered by the organization, and any participation by the beneficiaries in those activities must be purely voluntary; c) The organization must separate in time or location any privately funded explicitly religious activities from activities supported by direct Federal financial assistance; d) If a beneficiary or prospective beneficiary objects to the religious character of the organization, the organization will undertake reasonable efforts to identify and refer the beneficiary to an alternative provider to which the beneficiary has no such objection; and e) A beneficiary or prospective beneficiary may report violations of these protections, including any denials of services or benefits, to the Federal agency or intermediary administering the program. V. ENVIRONMENTAL CONDITIONS A. Air and Water 1. The Subrecipient agrees to comply with the following regulations insofar as they apply to the performance of this contract: 2. Clean Air Act, 42 U.S.C., 7401, ET seq. 3. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended 1318 relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued hereunder. 4. Environmental Protection Agency(EPA) regulations pursuant to 40 CFR, Part 50, as amended. -22- B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C. 4001),the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35 subpart B. Such regulations pertain to all CDBG assisted housing and require that all owners, prospective owners, and tenants or 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. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. VI. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. VII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. VIII. WAIVER The Recipient's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Recipient to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. IX. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Recipient and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Recipient and the Subrecipient with respect to this Agreement. NOTE: For the above sections, if the Subrecipient is a governmental or quasi-governmental agency, the applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," and OMB Circular A-87 would apply. -23 - Exhibit D CITY OF DUBUQUE, IOWA INCOME GUIDELINES FOR FINANCIAL ASSISTANCE Income limits are defined and occasionally revised by the U.S. Department of Housing and Urban Development's estimated median family income. A low income person or family has a total income which falls between the fifty (50) percent and eighty (80) percent median for the area, adjusted for size. A veru 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 March 2016 for the Dubuque Metropolitan Area are as follows: Maximum Annual Income Income Limits for Dubuque (Effective 3/28/2016) 30%AMI 50%AMI 80%AMI Over 80%AMI Family Size 1 : ❑ $0 - $14,150 ❑ $14,151 - $23,600 ❑ $23,601 - $37,750 ❑ Above $37,750 Family Size 2 : ❑ $0 - $16,200 ❑ $16,201 - $27,000 ❑ $27,001 - $43,150 ❑ Above $43,150 Family Size 3 : ❑ $0 - $20,160 ❑ $20,161 - $30,350 ❑ $30,351 - $48,550 ❑ Above $48,550 Family Size 4 : ❑ $0 - $24,300 ❑ $24,301 - $33,700 ❑ $33,701 - $53,900 ❑ Above $53,900 Family Size 5 : ❑ $0 - $28,440 ❑ $28,441 - $36,400 ❑ $36,401 - $58,250 ❑ Above $58,250 Family Size 6 : ❑ $0 - $32,580 ❑ $32,581 - $39,100 ❑ $39,101 - $62,550 ❑ Above $62,550 Family Size 7 : ❑ $0 - $36,730 ❑ $36,731 - $41,800 ❑ $41,801 - $66,850 ❑ Above $66,850 Family Size 8 : ❑ $0 - $40,890 ❑ $40,891 - $44,500 ❑ $44,501 - $71,150 ❑ Above $71,150 F:\USERS\CDBG\CDBG\Purchase of Services\FY17 POSG\To Council\Grant Agreements\FY17 St. Mark Youth Enrichment 2.doc -24-