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Purch Serv. Proj C I & F, ChildCITY 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 with Project Concern, Inc. - Information and Referral and Child Care Referral During the Fiscal Year 2002 budget process, the Mayor and City Council provided payment to Project Concern, Inc., in the amount of $23,745 for the Information and Referral Program and $8,367 for the Child Care Referral Program. Administrative Services Manager Pauline Joyce is recommending execution of the attached contract with Project Concern, Inc. to help provide financial counseling and medical services information and referral services, and child care resource and referral services to Iow and moderate income residents of the City of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/ksf Attachment CC: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Pauline Joyce, Administrative Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM June 6, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Pauline Joyce, Administrative Services Manager Purchase of Services Agreement - Project Concern, Inc. - Information and Referral and Child Care Referral Attached for City Council approval is the Purchase of Service Agreement With Project Concern, Inc. Information and Referral and Child Care Referral for the City=s financial suppor~ during the current fiscal year. The adopted Fiscal Year 2002 operating budget provides for the payment of $23, 745 to Project Concern, Inc., for the Information and Referral Program. This program provides financial counseling and medical services information and referral services to Iow and moderate income residents of the City of Dubuque. A payment of $8,367 for the Child Care Referral Program provides for child care resource and referral services to Iow and moderate income residents. It is my recommendation that the City Council approve the attached purchase of service agreement with Project Concern, Inc., for the Information and Referral Program and the Child Care Referral Program, and authorize the Mayor to execute the contract on behalf of the City. PJ/ksf Attachment CITY OF DUBUQUE, IOWA, AND PROJECT CONCERN, INC. PURCHASE OF SERVICES 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 Project Concern Inc. with its principal place of business in Dubuque, Iowa (hereinafter referred to as the "Subrecipient"). WITNESSETH: WHEREAS, 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 Subrecipient to assist the Recipient in utilizing such funds to benefit Iow/moderate income citizens. NOW THEREFORE, in consideration of the premises and respective covenants, agreements and raprasentations hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES/CONTRACT TERMS Informational and Referral. The Subrecipient shall provide financial counseling and medical services information and referral services to Iow and moderate income residents of the City of Dubuque. In this regard, the terms of this agreement it shall: 1. Maintain current Iocat information available on financial programs for Iow or moderate income persons. 2. Assess client's financial needs to determine appropriate referral. 3. When appropriate, complete client intake, determine eligibility, and write narrative on current financial crisis. 4. Refer client to appropriate financial sources. 5. Serve as advocate for clients needing additional assistance. 6. Keep current information available on local medical programs for Iow or moderate income persons. 7. To assess clients' medical needs to determine income eligibility. 8. To refer eligible clients to appropriate service or professionals. 9. To research alternatives in the event first referrals do not meet client needs. Cost Not to Exceed: $23,745. B. Child Care Resource and Referral Services. Subrecipient shall provide child care resource and referral services to Iow and moderate income residents of the City of Dubuque. In this regard for the term of this agreement it shall: 1. Identify all child care services and maintain a regularly updated resource file of all such services. Target Iow and moderate income families as consumers of CCR&R services through special marketing efforts, classes and publications aimed at educating about the availability of child care services in Dubuque. Actively maintain a resource and referral process which responds to parental need for information and support, promotes maximum parental choices, documents and tabulates data pertaining to parent requests and respects the confidentiality of families and providers. Provide information and technical assistance to existing and prospective providers to increase the variety, quantity, and quality of child care in Dubuque. Expand child care provider database, targeting providers of infant care, evening and flexible schedule care. Cost Not to Exceed: $8,367 Performance Monitoring. The Recipient will monitor the performance ofthe Subrecipient 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 Subrecipient 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 Subrecipient 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 dudng which the Subrecipient remains in control of Community Development Block Grant (CDBG) funds or other assets including program income. IlI. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Recipient under this contract shall not exceed $32,112. Such amount will be paid as follows: $8,028. the first day September 2001: October 2001; January 2002; and April 2002. Payment shall be supported by invoices of the Subrecipient, listing the hours expended and other reasonable costs for directly related expenses. The hourly rates chargeable by the Subrecipient shall be according to the schedule hereto attached. IV. VI. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in OMB Circular A~110, Attachment F. NOTICES Communications and details concerning this contract shall be directed to the following contract representatives: Recipient Subrecipient Aggie Kramer Housing and Community Services 1805 Central Ave Dubuque IA 52001 SPECIAL CONDITIONS Stephen Jacobs, Executive Director Project Concern, Inc. Suite 200, 2013 Central Avenue Dubuque IA 52001-3502 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) and all federal regulations and policies issued pursuant to these regulations. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. GENERAL CONDITIONS A. General Compliance In addition to the specific requirements set forth in this agreement, 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 employed 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 Subrecipient. 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. 3 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. F. Grantor Recognition The Subrecipient shall insure recognition of the role of the Recipient in providing services through the contract. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds available under this contract. G. Amendments Recipient or subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations, and approved by the Recipient's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release Recipient or Subrecipient from its obligations under this Agreement. Recipient may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of, the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Recipient and Subrecipient. H. Suspension or Termination 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 of the 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 Subrecipient under this Agreement shall, at the option of the Recipient, become the proper~ of the Recipient, and Subrecipient 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 Subrecipient receive more than the amount specified in Paragraph III. Recipient may also suspend or terminate this Agreement, in whole or in part, if Subrecipient materially falls 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 Subrecipient 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 Subrecipient 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 Subrecipient is found to be in compliance by the Recipient, or is otherwise adjudicated to be in compliance. Vll. ADMINISTRATIVE REQUIREMENTS A. Financial Management The Subrecipient agrees to comply with Attachment F of OMB Circular A- l 10 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate and effective internal financial controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall admini§ter its program in conformance with OMB Cimular A-122, "Cost Principles for Nonprofit Organizations" or A-21, "Cost Principles for Educational Institutions" as applicable; [and 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"] for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Recordkeeping 1. Records to be Maintained The Subrecipient 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; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required that determine the eligibility of activities; 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 OMB Circular A-110. 2. Property Records The Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold. 3. National Objectives The Subrecipient 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, or (3) meet community development needs having a particular urgency - as defined in 24 CFR Part 570.208. 4. Closeouts Subrecipient's 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. Subrecipient 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 dght to inspect, copy, audit and examine all such books and other documents of Subrecipient pertaining to the project until the completion of all closeout procedures respecting Recipient's loan and the final settlement and conclusion of all issues adsing out of said loan. C. Reporting and Payment Procedures 1. Budgets The Subrecipient will submit a detailed contract budget of a form and content prescribed by the Recipient for approval by the Recipient. The Recipient and the Subrecipient may agree to revise the budget from time to time in accordance with existing Recipient policies. 2. Program Income Except as specified below, Subrecipient will pay to Recipient all program income earned prior to or received following termination of this Agreement. Program income may be retained by Subrecipient if utilized for qualifying project expenses. 3. Payment Procedures The Recipient will pay to the Subrecipient funds available under this contract based upon information submitted by the Subre¢ipient 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. 4. Progress Reports The Subrecipient shall submit regular progress reports to the Recipient quarterly: D. Procurement 1. Compliance The Subrecipient shall comply with current Recipient policy concerning the purchase of equipment and shall maintain an 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 contract. 2. OMB Standards The Subrecipient shall procure materials in accordance with the requirements of Attachment O of OMB Circular A-110, procurement Standards and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. 3. Travel The Subrecipient shall obtain written approval from the Recipient for any travel outside the metropolitan area with funds provided under this contract. 4. Relocation, Acquisition and Displacement The Subrecipient agrees to comply with 24 CFR 570.606 relating to the acquisition and disposition of all real property utilizing grant funds, and to the displacement of persons, businesses, nonprofit-organizations and farms occurring as a direct result of any acquisition of real property utilizing grant funds. The Subrecipient agrees to comply with applicable Recipient ordinances, resolutions and policies concerning displacement of individuals from their residences. VIII. PERSONNEL AND PARTICIPANT CONDITIONS Civil Rights 1. Compliance The Subrecipient 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 Subrecipient, copies of said regulations as provided by the Department of Housing and Urban Development. 2. Nondiscrimination. - In carrying out the project, Subrecipient shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, 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. Subrecipient shall post in a conspicuous place, available to employees and applicants for employment, notices to be provided by Recipient setting forth the provisions of this nondiscrimination clause. Subrecipient 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 Subrecipient 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 Subrecipient 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 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, 1965. The Recipient shall provide Affirmative Action guidelines to the Subrecipient to assist in the formation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval pdor to the award of funds. 2. W/MBE The Subrecipient 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 minodty group members or women. For the purpose of this definition, "minority group members" are African Americans, Spanish speaking, Spanish surnamed or Spanish hedtage Americans, Asian Americans and Amedcan Indians. The Subrecipient may rely on wdtten representations by Subrecipients regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records Subrecipient 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. 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. 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 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 Subrecipient or vendor. 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; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 2. OSHA Where employees 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. 3. Labor Standards The Subrecipient agrees to comply with the requirements of the Secretary of the Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours, the Safety Standards Act, the Copeland "Anti-Kickback" Act (40 U.S.C. 276,327-333) 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 contract. The Subrecipient shall maintain documentation, which 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 designed for residential use for less than eight (8) households, all contractors engaged under contracts in excess of $2,000 for construction, renovation or repair of any building or 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 3, 1, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journeymen; 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; for such contracts in excess of $10,000. l0 4. "Section 3" Clause a. Compliance Compliance with the provisions of Section 3, 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 u Don the Recipient, the Subrecipient and any subSubrecipients Failure to fulfil these requirements shall subject the Recipient, the Subrecipient and any subSubrecipients, their successors and assignS, to those sanctions specified by the Agreement through which federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists which 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 subcontract executed under this Agreement. "The work to be performed under this contract is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Secfion 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 lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project." The Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with the 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 subSubrecipient is in violation l! Conduct 1. of regulations issued by the Grantor Agency. The Subrecipient will not subcontract with any subSubrecipient 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 subSubrecipient has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 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. Hatch Act The Subrecipient agrees th'at no funds provided, nor personnel employed under this contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code. Conflict of Interest The Subrecipient agrees to abide by the prowsions 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 Subrecipient further covenants that in the performance of this contract no person having such a financial interest shall be employed or retained by the Subrecipient 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 subrecipients, which are receiving funds under the CDBG Entitlement program. 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. IX. 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. Executed copies of all subcontracts shall be forwarded to the Recipient along with documentation concerning the selection process. 5. Religious Organization The Subrecipient 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. ENVIRONMENTAL CONDITIONS Air and Water The Subrecipient 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 there under. 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). 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 PROJECT CONCERN. lNG. Stephen Jacobs, Executive Director ~4