Purch Services - Wash. Tool LibCITY OF DUBUQUE, IOWA
MEMORANDUM
June 6, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Purchase of Service Agreement -
Washington Tool Library, Inc.
During the Fiscal Year 2002 budget process, the Mayor and City Council provided
$10,500 for a Purchase of Service Agreement with the Washington Tool Library, Inc.
Administrative Services Manager Pauline Joyce is recommending execution of the
attached Purchase of Service Agreement with the Washington Tool Library, Inc., to
provide funding for the agency to continue to improve the condition of residential
neighborhoods by providing a variety of tools for the purpose of improvement or
rehabilitation of residential property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/ksf
Attachment
Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Pauline Joyce, Administrative Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 6, 2001
TO:
Michael C. Van Milligen, City Manager
FROM: Pauline Joyce, Administrative Services Manager
SUBJECT: Purchase of Service Agreement-
Washington Tool Library, Inc.
The adopted Fiscal Year 2002 operating budget provides for the payment of $10,500 to
the Washington Tool Library, Inc.
City funding enables the agency to continue to provide a variety of tools, without
charge, for the purpose of improvement or rehabilitation of residential property.
It is my recommendation that the City Council approve the attached Purchase of
Service Agreement with the Washington Tool Library, Inc., and authorize the Mayor to
execute the contract on behalf of the City.
PJ/ksf
Attachment
CITY OF DUBUQUE, IOWA, AND
WASHINGTON NEIGHBORHOOD TOOL LIBRARY, INC.
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT dated as of the 1st day of July, 2001, is entered into by and
between the City of Dubuque, Iowa, a municipal corporation organized and existing
under the laws of the State of Iowa (hereinafter referred to as the "Recipient") and
Washington Neighborhood Tool Library, Inc., with its principal place of business in
Dubuque, Iowa (hereinafter referred to as the "Sub-recipient").
WITNESSETH:
WHEREAS, the Recipient is a participating city in the Community Development
Block Grant Program of the United States Department of Housing and Urban
Development; and
WHEREAS, the Recipient, wishes to engage the Sub-recipient to assist the
Recipient in utilizing such funds to improve t. he condition of residential neighborhoods.
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/CONTRACT TERMS
The Sub-recipient will continue to operate a facility, which lends, without
charge, a vadety of tools for the purpose of improvement or rehabilitation of
residential property.
The Sub-recipient will continue to increase when deemed necessary its
inventory of tools in order to provide a wider range of tools, principally for
persons residing in all of census tracts #1 and 2; Block 3 of Census Tract
3 and 4; Blocks 1, 3, 4, and 5 of Census Tract 5; Block 2 of Census Tracts
6, 7.01, 7.02 and 101.01; and Block 3 of Census Tract 101.02, and where
other Community Development activities are taking place.
The Sub-recipient shall provide the Recipient, on a bimonthly basis, a
report of the number of persons borrowing tools, the number of tools
loaned dudng the period, and the location, by census tract, of the persons
borrowing tools.
Performance Monitoring. The Recipient will monitor the performance ofthe
Sub-recipient against goals and performance standards required herein.
Substandard performance as determined by the Recipient will constitute
noncompliance with this agreement. If action to correct such substandard
performance is not taken by the Sub-recipient within a reasonable period of
time after being notified by the Recipient contract suspension or
termination procedures will be initiated.
II. TIME OF PERFORMANCE
Services of the Sub-recipient shall start on the 1st day of July 2001, and end on
the 30th day of June 2002. The term of this Agreement and the provisions
herein shall be extended to cover any additional time period during which the
Sub-recipient remains in control of CDBG funds or other assets including
program income.
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the
Recipient under this contract shall not exceed $10,500. 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 purchasing
and maintaining tools. The sum shall be paid with an initial payment of
$2,625.00 on July 1, 2001, and in nine (9) equal payments of $875.00
commencing October 1, 2001.
Payments may be contingent upon certification of the Sub-recipient's financial
management system in accordance with the standards specified in OMB Circular
A-110, Attachment F.
IV. NOTICES
Communication and details concerning this contract shall be directed to the
following contract representatives:
Recipient
Aggie Kramer
Housing and Community
Development Department
1805 Central Ave
Dubuque, Iowa 52001
Sub-recipient
Elmer Nehls
Washington Tool Library, Inc.
1697 Jackson Street
Dubuque IA 52001
V, SPECIAL CONDITIONS
The Sub-recipient 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) and all
federal regulations and policies issued pursuant to these regulations. The Sub-
recipient further agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available.
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VI. GENERAL CONDITIONS
A. General Compliance
In addition to the specific requirements set forth in this agreement, the Sub-
recipient 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 Sub-recipient 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 Sub-
recipient is an independent Sub-recipient.
C. Hold Harmless
The Sub-recipient shall hold harmless, defend and indemnify the Recipient
from any and all claims, actions, suits, charges and judgments whatsoever
that arise out of the Sub-recipient's performance or nonperformance of the
services or subject matter called for in this Agreement.
D. Insurance and Bonding
The Sub-recipient shall maintain insurance to the extent and against such
hazards and liabilities as are in keeping with the current insurance program
of Recipient, which is set forth in Exhibit A attached hereto and entitled
"List of Insurance Coverage".
E. Grantor Recognition
The Sub-recipient shall insure recognition of the role of the ReciPient in
providing services through the contract, Alt activities, facilities and items
utilized pursuant to this contract shall be prominently labeled as to funding
source. In addition, the Sub-recipient will include a reference to the
support provided herein in all publications made possible with funds
available under this contract.
F. Amendments
Recipient or Sub-recipient 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
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amendments shall not invalidate this Agreement, nor relieve or release
Recipient or Sub-recipient 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 ofthisAgreement, such modifications will be
incorporated only by written amendment signed by both Recipient and Sub-
recipient.
G. Suspension or Termination
Either party may terminate this contract at any time by giving written notice
to the other party of such termination and specifying the effective date
thereof at least thirty (30) days before the effective date of such
termination. Partial termination ofthe Scope of Service in Paragraph I.A
above may only be undertaken with the prior written approval of Recipient.
In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or
other materials prepared by Sub-recipient under this Agreement shall, at
the option of the Recipient, become the property of the Recipient, and Sub-
recipient shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents or material prior to the
termination but in no event shall Sub-recipient receive more than the
amount specified in Paragraph III.
Recipient may also suspend or terminate this Agreement, in whole or in
part, if Sub-recipient materially fails to comply with any term of this
Agreement, or with any of the rules, regulations or provisions referred to
herein; and the Recipient may declare the Sub-recipient ineligible for any
further participation in Recipient contracts, in addition to other remedies as
provided by law. In the event there is probable cause to believe the Sub-
recipient is in noncompliance with any applicable rules or regulations, the
Recipient may withhold up to fifteen (15) percent of said contract funds until
such time as the Sub-recipient is found to be in compliance by the
Recipient, or is otherwise adjudicated to be in compliance.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. The Sub-recipient agrees to comply with Attachment F of OMB Circular
A-110 and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate and effective intemal
financial controls, and maintain necessary source documentation for all
costs incurred.
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2. Cost Principles
The Sub-recipient 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; [and
if the Sub-recipient 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"] for all costs incurred whether charged on a
direct or indirect basis.
B. Documentation and Recordkeeping
1. Records to be Maintained
The Sub-recipient shall maintain all records required by the federal
regulations specified in 24 CFR Part 570.506, and 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;
Records demonstrating that each activity undertaken meets one
of the National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
Records required to document the acquisition, improvement,
use or disposition of real property acquired or improved with
CDBG assistance;
Records documenting compliance with the fair housing and
equal opportunity components of the CDBG program; and
Financial records as required by 24 CFR Part 570.502, and
OMB Circular A-110.
2. Property Records
The Sub-recipient shall maintain records of a personal property
inventory of tools which clearly identifies tools purchased, improved
or sold. All assets purchased with funding from the CDBG program
shall revert to the Recipient if this agreement fails to be extended or
the Tool Library closes.
3. National Objectives
The Sub-recipient agrees to maintain documentation that
demonstrates that the activities carried out with funds provided under
this contract meet one or more of the CDBG program's national
objectives - (1) benefit Iow/moderate income persons, (2) aid in the
prevention or elimination of slum or blights, and (3) meet community
development needs having a particular urgency - as defined in 24
CFR Part 570.208.
4. Closeouts
Sub-recipient 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 receivable accounts) to the Recipient, and determining
the custodianship of records.
5. Maintenance of Records and Right to Inspect
Sub-recipient will keep and maintain books, records and other
documents relating directly to the receipt and disbursement of loan
funds and job creation for a period of three years; and any duly
authorized independent accounting representative of Recipient, or the
Comptroller General of the United States, shall at all reasonable
times have access to and the right to inspect, copy, audit and
examine all such books and other documents of Sub-recipient
pertaining to the project until the completion of all closeout
procedures respecting Recipient's loan and the final settlement and
conclusion of all issues arising out of said loan.
Co
Reporting and Payment Procedures
1. Program Income
Except as specified below, Sub-recipient will pay to Recipient all
program income earned prior to or received following termination of
this AgreemenT. Program income may be retained by Sub-recipient if
utilized for qualifying project expenses.
The Recipient will pay to the Sub-recipient funds available under this
contract based upon information submitted by the Sub-recipient and
consistent wfth 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 Sub-recipient, 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 Sub-recipient 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 Sub-
recipient.
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3. Progress Reports
The Sub-recipient shall submit regular progress reports to the
Recipient bi-monthly.
D. Procurement
1. Compliance
The Sub-recipient shall comply with current Recipient policy
concerning the purchase of equipment and shall maintain an
inventory record of all nonexpendable personal property as defined
by such policy as may be procured with funds provided herein. Ail
program assets (unexpended program income, property, equipment,
etc.) shall revert to the Recipient upon termination of this contract.
2. Travel
The Sub-recipient shall obtain written approval from the Recipient for
any travel outside the metropolitan area with funds provided under
this contract.
VIII. .PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Sub-recipient shall comply with all federal 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 including, but not limited to, Section 109 of the Housing
and Community Development Act of 1974, as amended (42 U.S.C.
5309) and Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 794). Recipient shall furnish, upon written request of the
Sub-recipient, copies of said regulations as provided by the
Department of Housing and Urban Development.
2. Nondiscrimination
In carrying out the project, Sub-recipient shall not discriminate against
any employee or applicant for employment because of race, religion,
color, sex, national odgin, age or disability. Such action shall include
but not be limited to, the following: employment upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or
termination; rate of pay or other forms of compensation; and selection
for training, including apprenticeship. Sub-recipient shall post in a
conspicuous place, available to employees and applicants for
employment, notices to be provided by Recipient setting forth the
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provisions of this nondiscrimination clause. Sub-recipient shall state
that all qualified applicants will receive consideration for employment
without regard to race, religion, color, sex, national origin, age or
disability.
3. Section 504
The Sub-recipient agrees to comply with any federal regulations
issued pursuant to compliance with Section 504 of the Rehabilitation
Act of 1973, (29 U.S.C. 706) which prohibits discrimination against
the handicapped in any federally assisted program. The Recipient
shall provide the Sub-recipient with any guidelines necessary for
compliance with that portion of the regulations in force during the
term of this contract.
B. Affirmative Action
1. Approved Plan
The Sub-recipient 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, 1965. The Recipient shall
provide Affirmative Action guidelines to the Sub-recipient to assist in
the formation of such program.
2. W/MBE
The Sub-recipient will use its best efforts to afford minority and
women owned business enterprises the maximum practicable
opportunity to participate in the performance of this contract. As used
in this contract, the term "minority and female 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 African Americans, Spanish
speaking, Spanish surnamed or Spanish heritage Americans, Asian
Americans and American Indians. The Sub-recipient may rely on
written representations by Sub-recipients regarding their status as
minority and female business enterprises in lieu of an independent
investigation.
3. Access to Reccrds
Sub-recipient agrees that any duly authorized representative of the
Recipient or of the United States shall at all reasonable times have
access to any portion of the project until the completion of all closeout
procedures respecting the Community Development Block Grant
loan.
4. Subcontract Provisions
The Sub-recipient will include the provisions of Paragraphs IX 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 Sub-recipient or vendor.
C. Employment Restrictions
1. Prohibited Activity
The Sub-recipient is prohibited from using funds provided herein or
personnel employed in the administration of the program for political
activities; sectarian, or religious activities; lobbying, political
patronage, and nepotism activities.
2. OSHA
Where employees or volunteers are engaged in activities not covered
under the Occupational Safety and Health Act of 1970, they shall not
be required or permitted to work, be trained, or receive services in
buildings or surroundings or under working conditions which are
unsanitary, hazardous or dangerous to be participants' health or
safety.
Conduct
1. Assignability
The Sub-recipient 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 Sub-recipient 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 Sub-recipient agrees that no funds provided, nor personnel
utilized under this contract, shall be in any way or to any extent
engaged in the conduct of political activities in violation of Chapter 15
of Title V United States Code.
3. Conflict of Interest
The Sub-recipient agrees to abide by the provisions of 24 CFR
570.611 with respect to conflicts of interest, and covenants that it
presently has no financial interest and shall not acquire any financial
interest, direct or indirect, which would conflict in any manner or
degree with the performance of services required under this contract.
The Sub-recipient further covenants that in the performance of this
contract no person having such a financial interest shall be used or
retained by the Sub-recipient hereunder. These conflict of interest
provisions apply to any person who is an employee, agent.
consultant, officer or elected official or appointed official of the
Recipient, or of any designated public agencies or Sub-recipients
which are receiving funds under the CDBG Entitlement program.
4. Subcontracts
a. Approvals
The Sub-recipient 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 Sub-recipient 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 Sub-recipient 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.
Selection Process
The Sub-recipient shall undertake to insure that all subcontracts
let in the performance of this agreement shall be awarded on a
fair and open competition basis. Executed copies of all
subcontracts shall be forwarded to the Recipient along with
documentation concerning the selection process,
Religious Organization
The Sub-recipient agrees that funds provided under this contract will
not be utilized for religious activities, to promote religious interests, or
for the benefit of a religious organization in accordance with the
federal regulations specified in 24 CFR 570.200(j).
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IX.
ENVIRONMENTAL CONDITIONS
A. Air and Water
The Sub-recipient agrees to comply with the following regulations insofar
as they apply to the performance of this contract:
Clean Air Act, 42 U.S.C., 1857, et seq.
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 thereunder.
Environmental Protection Agency (EPA) regulations pursuant to 40
CFR, Part 50, as amended.
National Environmental Policy Act of 1969
HUD Environmental Review Procedures (24 CFR, Part 58).
.B.
Lead Based Paint
The Sub-recipient agrees that any censtruction or rehabilitation of the
leased structure 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, and in particular Sub-part B thereof. Such regulations pertain
to all HUD assisted programming 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.
C. Historic Preservation
The Sub-recipient 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 Procedu res 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.
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IN WITNESS WHEREOF the parties have executed this contract as of the date
first written above.
Terrance M. Duggan, Mayor
WITNESSED
Jeanne F. Schneider, City Clerk
CITY OF DUBUQUE. IOWA
WASHINGTON NEIGHBORHOOD
TOOL LIBRARY, INC.
Elmer Nehls, Secretary
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