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Four Mounds Summer Day CampMEMORANDUM April 29, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Agreement with Four Mounds Foundation for Summer Day Camp Program Leisure Services Manager Gil Spence recommends approval of the grant agreement with Four Mounds Foundation to provide the summer day camp program as part of the Uptown Recreation Program. CDBG funds are used for these programs, so the Department of Housing and Urban Development requires this formal grant agreement. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gil D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM April 25, 2002 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager SUBJECT: Agreement with Four Mounds Foundation for Summer Day Camp Program INTRODUCTION The purpose of this memorandum is to request City Council approval of the grant agreement with the Four Mounds Foundation to provide the summer day camp program as part of the Uptown Recreation Program. DISCUSSION The Four Mounds Foundation will provide the summer day camp program to be included in our Uptown Recreation Program. Cost for this program is $25,500. CDBG funds are used for these programs so the Department of Housing and Urban Development requires this formal grant agreement. ACTION STEP The action requested is that the City Council approve the grant agreement and authorize the City Manager to sign it. GDS:et attachment GRANT AGREEMENT Day Camp Program FY 2002 This AGREEMENT dated as of the 6th day of May, 2002, 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 "City',) and the Four Mounds Foundation, with its principal place of business in Dubuque, Iowa, (hereinafter referred to as the "Foundation"). WITNESSETH: Whereas, the City is a participating city in the Community Development Block Grant Program of the United States Department of Housing and Urban Development; and Whereas, the City wishes to engage the Foundation to assist the City of Dubuque in utilizing such funds. 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 A. Foundation shall provide the following services to eligible residents of the City of Dubuque in a manner satisfactory to the City and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant Program: To operate a summer day camp program for Iow/moderate youth as described in Attachment A. These activities are in accordance with specifications as required by the Leisure Services Department of the City. In the event of a conflict between such applicant's proposals and the provisions herein, that provision which in the opinion of the City provides the greatest benefit to the City shall prevail. Failure of the Foundation to provide any of the services proposed shall be deemed a material breach of this Agreement. -1- B. The Foundation certifies that the activities carried out with funds provided under this Agreement will meet the CDBG program's National Objectives: (Attachment B lists the income guidelines). 570.208(a)(2) Limited clientele activities: An activity which benefits a limited clientele, at least 51 percent of whom are Iow-or-moderate- income persons requires information on family size, income, ethnic origin and female head of household. C. Performance Monitoring. The City will monitor the performance of the Foundation against goals and performance standards required herein. Substandard performance as determined by the City, which includes noncompliance with the Community Development Block Grant (CDBG) program, will constitute noncompliance with this agreement. If action to correct such substandard performance is not taken by the Foundation within a reasonable period of time after being notified by the City contract suspension or termination procedures will be initiated. II. GRANT TERMS City agrees to grant to Foundation an amount not to exceed 925,500 subject to the terms and conditions set forth herein which terms and conditions Foundation accepts. III. TIME OF PERFORMANCE Services of the Foundation shall start on the 10th day of June, 2002, and ends on the 2nd day of August, 2002. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Foundation remains in control of CDBG funds or other assets including program income. BUDGET The costs of the program will be incurred by the Foundation for personnel, rental, supplies and all costs related to the implementation of this program as agreed to by the City's Leisure Services Department. Any indirect costs charged must be consistent with the conditions of Paragraph VIII (C)(3) of this Agreement. In addition, the City may require a more detailed budget breakdown, and the Foundation shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the City. Any amendments to this budget must be approved in writing by the City and the Foundation. -2- V. PAYMENT VI. A. It is expressly agreed and understood that the total amount to be paid by the City under this contract shall not exceed $25,500. The Foundation is to be paid upon implementation of the agreement the sum of $12,750 and a payment of $12,750 on July 15, 2002. The Foundation shall submit documentation of expenditures directly related to the program at the end of the program. Payments may be contingent upon certification of the Foundation's financial management system in accordance with the standards specified in OMB Circular A-110. NOTICES: Communication and details concerning this contract shall be directed to the following contract representatives: CITY Git D, Spence Leisure Services Department 2200 Bunker Hilt Road Dubuque, Iowa 52001-3010 FOUNDATION John Gronen Four Mounds Foundation 4900 Peru Road Dubuque, Iowa 52001-8304 VII, GENERAL CONDITIONS A. General Compliance The Foundation 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 Foundation further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. The Foundation 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 Foundation shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the Foundation is an -3- independent contractor. C. Hold Harmless The Foundation shall hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgements whatsoever that arise out of the Foundation=s performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation The Foundation shall provide Workers= Compensation Insurance coverage for ali employees involved in the performance of this contract. E. Insurance and Bonding The Foundation shall maintain insurance to the extent and against such hazards and liabilities as are in keeping with the current insurance program of City. F. Grantor Recognition The Foundation shall insure recognition of the role of the City 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 Foundation will include a reference to the support provided herein in all publications made possible with funds available under this contract. G. Amendments City or Foundation 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 City=s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release City or Foundation from its obligations under this Agreement. City 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 City and Foundation. -4-- 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 City. In the event of any termination for convenience, ail finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by Foundation under this Agreement shall, at the option of the City, become the property of the City, and Foundation 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 Foundation receive more than the amount specified in Paragraph II. City may also suspend or terminate this Agreement, in whole or in part, if Foundation materially fails to comply with any term of this Agreement, or with any of the rules, regulations or provisions referred to herein; and the City may declare the Foundation ineligibie for any further participation in City contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe the Foundation is in noncompliance with any applicable rules or regulations, the City may withhold up to fifteen (15) percent of said contract funds until such time as the Foundation is found to be in compliance by the City, or is otherwise adjudicated to be in compliance. IN WITNESS WHEREOF, the parties have executed this contract as of the date first written above. CITY OF DUBUQUE FOUR MOUNDS FOUNDATION Michael C. Van Milligen City Manager John Gronen -5- Attachment A ADVENTURE DAY CAMP PROGRAM A week-long adventure day camping program has been planned in cooperation with the Four Mounds Foundation. Activities may include: ropes course, adventure games, canoeing, nature survival, arts and crafts, drama, team building and hiking; camp night on Thursday for 11 through 14-year-olds only. Monday thru Friday, 8:50 a.m. to 3:00 p.m., June 10th thru August 2nd, except July 4th. Dress for outdoor activities and bring a sack lunch. Pick-up and drop-off location is Jackson Park, next to the playground. Children may register for only one week. COST: Free or $45 per week. class number 3100.310 Week 1 3100.320 Week 2 3100.330 Week 3 3100.340 Week 4 3100.350 Week 5 3100.360 Week 6 3100.370 Week 7 3100.380 Week 8 program dates June 10th thru 14th June 17th thru 21st June 24th thru 28th July 1st thru 5th July 8th thru 12th July 15th thru 19th July 22nd thru 26th July 29th thru August 2nd age 7 - 10 years 7 - 10 years 11 - 14 years 7 - 10 years 11 - 14years 7 - 10 years 7 - 10 years 7 - 10 years -6- Attachment B CITY OF DUBUQUE, IOWA INCOME GUIDELINES FOR FINANCIAL ASSISTANCE Maximum Annual Income Family Size Very/ow Income 1 811,450 2 813,100 3 814,750 4 816,400 5 817,700 6 819,OOO 7 82O,30O 8 or more 821,600 Low Income 819,100 821 850 824 55O 827 300 $29 5OO 831 65O 833 850 836,050 Moderate Income 830,600 834,950 $39,300 843,700 847,150 $50,650 954,150 857,650 *Subject to change Revised April 25. 2002 Department of Housing and Urban Development -7-