Tool Library, Purch of Serv AgrMEMORANDUM
June 10, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Purchase of Service Agreement -
Operation: New View Community Action Agency for the
Washington Tool Library
Housing and Community Development Director David Harris is recommending the
approval of the Purchase of Service Agreement with Operation: New View for the
continued operation of the Washington Tool Library.
This agreement provides $10,500 in Community Development Block Grant Funds in
addition to $5,000 from the proposed FY 2003 Annual Action Plan Amendment for a
total of $15,500.
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
David Harris, Housing and Community Development Director
MEMORANDUM
June 5, 2002
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
David Harris, Housing and Community Development Department
Purchase of Service Agreements-
Operation: New View Community Action Agency for
Washington Neighborhood Tool Library
The adopted Fiscal Year 2003 operating budget provides for the payment of $10,500
for the Washington Tool Library. An additional $5000 is also proposed for
administration of the program. The Purchase of Service Agreement with Operation:
New View Community Action Agency will facilitate the continued operation of the
Washington Neighborhood Tool Library.
Community Development Block Grant (CDBG) funding enables the Washington
Neighborhood Tool Library to provide a variety of tools, without charge, for the purpose
of improvement or rehabilitation of residential property. Due to CDBG funding
regulations, only Iow- and moderate- income persons will now be eligible to borrow
tools from the Tool Library. City residents need to complete an eligibility form verifying
their income status at Operation: New View Community Action Agency and obtain a
tool library card prior to borrowing tools. Operation: New View will also administer the
program effective July 1st.
It is my recommendation that the City Council approve the attached Purchase of
Service Agreement with Operation: New View Community Action Agency for operation
of the Washington Neighborhood Tool Library and authorize the Mayor to execute the
contracts on behalf of the City.
PJ/ksf
Attachment
CITY OF DUBUQUE, IOWA
AND
OPERATION: NEW VIEW COMMUNITY ACTION AGENCY
PURCHASE OF SERVICE AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
This PURCHASE OF SERVICE AGREEMENT dated as of the 1st day of July 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 "Recipient") and Operation: New View Community Action Agency, with its
principal place of business in Dubuque, Iowa (hereinafter referred to as the
"Subrecipient").
Whereas, the 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, the Recipient wishes to engage the Subrecipient 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:
Subrecipient shall 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) Provide a minimum of $10,500 to the Washington Neighborhood Tool
Library, 345 E. 18~ Street, Dubuque, to lend, without charge, a vadety
of tools for the purpose of improvement or rehabilitation of residential
property for Iow-and moderate-income households. The Tool Library
will continue to increase when deemed necessary its inventory of tools
in order to provide a wider range of tools for use.
2) Administer the Tool Library operation, including the registration of
borrowers of tools by assisting residents in completing an annual
II.
I11.
IV.
V=
eligibility form verifying income status and by issuing a Tool Library
card prior to borrowing tools.
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 in Section 570.208(a)(2) An
activity which benefits a limited clientele, at least 51 percent of whom are
Iow-and moderate-income persons. Requires information on family size,
household inceme, ethnic origin and female head of household. (Exhibit B
lists the income guidelines)
PROJECT BUDGET
The total compensation to be paid to the Subrecipient by the Recipient for
the services shall in no event exceed the sum of $15,500 for the program
as described in Section 1.
Any indirect costs charged must be consistent with the conditions of
Section II (C)(3) of the attached Exhibit A, Standard Requirements. In
addition, the Recipient may require a mare detailed budget breakdown,
and the Subrecipient shall provide such supplementary budget
information in a timely fashion in the form and content prescribed by the
Recipient. The Recipient and the Subrecipient must approve any
amendments to this budget in writing.
DATES OF COMMENCEMENT AND COMPLETION:
The services to be provided under this Agreement shall be commenced
on July I and must be completed not later than June 30, 2003.
Recipient's fight to enforce the terms of this Agreement shall be extended
to cover any additional time during which the Subrecipient remains in
control of CDBG funds or other assets including program income.
AGREEMENT DOCUMENTS AND PROVISIONS
The Subrecipient will 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 A herein attached and a
part of this agreement.
VI.
PAYMENT
A. It is expressly agreed and understood that the total amount to be paid
by ~e Recipient under this contract shall not exceed the amount
stipulated 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 purchasing and maintaining tools. Such amount will 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. All donations received from individuals using tools from the
Subrecipient shall be considered program income. As program
income, the donations should be used to offset expenses of the
program prior to requesting additional CDBG funds.
Payment shall be supported by documentation provided by the
Subrecipient of costs incurred for services provided pursuant to this
Agreement.
Payments may be contingent upon certification of the Subrecipient's
financial management system in accordance with the standards
specified in OMB Circular A-110, the provisions of which are
available in the office of the Recipient.
VII. REPORTING AND MONITORING.
The Subrecipient shall render to the Recipient a quarterly written report
detailing its activities, including number of persons certified, tool library
cards issued, number of tools borrowed and purchased, number of Iow-and
moderate-income persons borrowing tools at the Washington
Neighborhood Tool Library and other information required by the CDBG
regulations to document participants are Iow-and moderate-income.
Quarterly reports shall be submitted no later than the 15~ of the month in
October, January, April and July.
The subrecipient shall be subject to at least one site visit by personnel of
Recipient, or a designee of Recipient or duly authorized officials of federal
government, for the purpose of monitoring the Subrecipient's delivery of
services and compliance with terms of the agreement and federal
standards that pertain to federally funded grant activities. 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
VIII.
NOTICES.
CommunicatiOn and details concerning this contract shall be directed to
the following contract representatives:
Aggie Kramer
Community Development Specialist
Housing and Community Development
1805 Central
Dubuque, Iowa 52001
Attention:
Tom Stovall
Operation:New View
Community Action Agency
1473 Central Avenue
Dubuque, IA 52001
IN WITNESS WHEREOF, the parties have executed this contract with the
attachment Exhibit A as of the date first written above.
Witnessed City of Dubuque, Iowa
referenced
J-eanne F. Schneider, City Clerk
Terrance M Duggan, Mayor
Operation: New View
Community Action Agency
Tom Stovall, Executive Director
F:~U sers~.KRAMER'~CDBG',C DBG Cont~acts',W ashington Tool Library~Oper afionNewV'~w Agreement.doc
EXHIBIT A
TABLE OF CONTENTS
II.
III.
IV.
GENERAL CONDITIONS ..................................................................................... 1
A. General Compliance .................................................................................... 1
B. Independent Contractor ............................................................................... 1
C. Hold Harmless ............................................................................................. 1
D. Workers' Compensation .............................................................................. 1
E. Insurance and Bonding ................................................................................ 1
F. Grantor Recognition .....................................................................................
G. Amendments ................................................................................................ 2
H. Suspension or Termination .......................................................................... 2
ADMINISTRATIVE REQUIREMENTS .................................................................. 2
A. Financial Management ................................................................................
1. Accounting Standards .........................................................................
2. Cost Principles ....................................................................................
B. Documentation and Recordkeeping .............................................................
1. Records to be Maintained ...................................................................
2. Retention ............................................................................................
3. Client Data ..........................................................................................
4. Disclosure ...........................................................................................
5. Property Records ................................................................................
6. National Objectives ............................................................................. .
7. Closeouts ............................................................................................
8. Maintenance of Records and Right to Inspect ....................................
C. Reporting and Payment Procedures ............................................................
1. Program Income .................................................................................. 4
2. Payment Procedures ........................................................................... 4
3. Indirect Costs ...................................................................................... 5
4. Progress Reports ................................................................................ 5
D. Procurement ................................................................................................ 5
1. Compliance ......................................................................................... 5
2. OMB Standards .................................................................................. 5
3. Travel .................................................................................................. 5
RELOCATION, ACQUISITION AND DISPLACEMENT ........................................ 5
PERSONNEL AND PARTICIPANT CONDITIONS ............................................... 6
A. Civil Rights ................................................................................................... 6
1. Compliance ......................................................................................... 6
2. Nondiscrimination ............................................................................... 6
3. Section 504 ......................................................................................... 6
B. Affirmative Action ......................................................................................... 6
1. Approved Plan .................................................................................... 6
2. W/MBE ................................................................................................ 7
3. Access to Records .............................................................................. 7
4. Notifications ........................................................................................ 7
5. EEO/AA Statement ............................................................................. 7
6. Subcontract Provisions ....................................................................... 7
C. Employment Restrictions ............................................................................. 7
1. Prohibited Activity ............................................................................... 7
2. OSHA .................................................................................................. 8
3. Labor Standards ................................................................................. 8
4. "Section 3" Clause .............................................................................. 8
a. Compliance ................................................................................ 8
b. Notifications ............................................................................... 9
c. Subcontracts .............................................................................. 9
D. Conduct ....................................................................................................... 9
1. Assignability ........................................................................................ 9
2. Hatch ACt ............................................................................................ 9
3. Conflict of Interest ............................................................................... 9
4. Subcontracts ..................................................................................... 10
a. Approvals ................................................................................. 10
b. Monitoring ................................................................................ 10
Content .................................................................................... 10
d. Selection Process .................................................................... 10
5. Religious Organization ..................................................................... 10
ENVIRONMENTAL CONDITIONS ...................................................................... t0
A. Air and Water ............................................................................................. 11
B. Lead Based Paint ...................................................................................... 11
C. Historic Preservation .................................................................................. 11
EXHIBIT A
STANDARD REQUIREMENTS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS
GENERAL CONDITIONS
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) 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. The Subrecipient agrees to comply with all applicable federal, state and local
laws and regulations governing the funds provided under this contract.
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.
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.
Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage for all
employees involved in the performance of this contract.
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 OMB
Circular A-110, Bonding and Insurance.
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
II.
will include a reference to the support provided herein in all publications mede possible
with funds available under this contract.
Amendments
Recipient or subrecipient may amend this Agreement at any time provided that such
amendments meke specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of both organizations. Such amendments
shall not invalidate this Agreement, nor relieve or release Recipient or Subrecipient from
its obligations under this Agreement.
Recipient mey, 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.
Suspension or Termination
Either party may terminate this contract at any time by giving written notice to the other
party of such ten'nination 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 1 of the Agreement may only be undertaken with the prior written
approval of Recipient. In the event of any termination for convenience, all finished or
unfinished documents, date, studies, surveys, meps, models, photographs, reports or
other meterials prepared by Subrecipient under this Agreement shall, at the option of the
Recipient, beceme the property 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 il.
Recipient may also suspend or terminate this Agreement, in whole or in part, if
Subrecipient 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 mey 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
Subreclpient is found to be in compliance by the Recipient, or is otherwise adjudicated
to be in compliance.
ADMINISTRATIVE REQUIREMENTS
Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with OMB Circular A-110 and agrees to adhere
to the accounting principles and procedures required therein, utilize adequate and
effective internal financial controls, and meintain 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; [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.
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 570.505, 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 to determine 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 OMB Circular A-
110.
g. Other records necessary to document compliance with Subpart K of 24 CFR
570.
Retention
The Subrecipient shall retain all records pertinent to expenditures incurred under
this contract for a pedod of three (3) years after the termination of all activities
funded under this Agreement. Records for non-expendable property acquired with
funds under this contract shall be retained for three (3) years after final disposition
of such property. Notwithstanding the above, if there is litigation, claims, audits,
negotietions or other actions that involve any of the records cited and that have
started before the expiration of the three-year pedod, then such records must be
retained until completion of the actions and resolution of all issues, or the
expiration of the three-year period, whichever occurs later.
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 shall be made available to Recipient monitors
or their designees for review upon request.
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
-3-
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.
Property Records
The Subrecipient shall maintain real property inventory reCords that clearly identify
properties purchased, improved or sold. Properties retained shall continue to meet
eligibility criteria and shall conform to the "changes in use" restrictions specified in
24 CFR Part 570.503(b)(8).
National Objectives
The Subreclpient agrees to maintain documentation that demonstrates that the
activities carded 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.
Closeouts
Subrecipient obligation to the Recipient shall not end until all closeout
requirements are completed. Activities dudng 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).
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 pedod
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 Subreclpient peWaining 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.
Reporting and Payment Procedures
1. 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.
Payment Procedures
The Recipient will pay to the Subrecipient funds available under this contract
based upon information submitted by the Subrecipient and consistent with any
approved budget and Recipient policy conceming payments. With the exception
of certain advances, payments will be made for eligible expenses actually incurred
by the Subrecipient. Payments will be adjusted by the Recipient in accordance
with advance fund and program income balances available in Subrecipient
-4-
III.
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.
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.
Progress Reports
The Subrecipient shall submit quarterly Activity Progress Reports to the Recipient.
Procurement
1. Compliance
The Subrecipient shall comply with currant Recipient policy concerning the
purchase of equipment and shall maintain inventory racords of all nonexpendable
personal property as defined by such policy as may be procured ~ funds
provided herain. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the Recipient upon termination of this Agraement
unless addressed under another agraement as provided or continued for use for
CDBG eligible activities.
OMB Standards
The Subrecipient shall procure materials in accordance with the requirements of
Attachment O of OMB Circular A-110, Procurament Standards and shall
subsequently follow Attachment N, Property Management Standards, as modified
by 24 CFR.502 (b)(6) covering utilization and disposal of property.
Travel
The Subrecipient shall obtain wTitten approval from the Recipient for any travel
outside the metropolitan area to be paid for with funds provided under this
contract.
RELOCATION, ACQUISITION AND DISPLACEMENT
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the acquisition
and disposition of all raal property utilizing grant funds, and to the displacement of
persons, families, individuals, businesses, nonprofit organizations and farms
occurring as a diract 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.
-5-
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 Title
VI of the Civil Right Act of 1964 as amended, Title VIII 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 (42 U.S.C. 5309) Section 504
of the Rehabilitation ACt of 1973, as amended (29 U.S.C. 794), the Americans with
Disabilities ACt of 1990, the Age Discrimination Act of 1975, Executive Order
11063, and with Executive Order 11246 as amended by Executive Orders 11375
and 12086. Recipient shall furnish, upon written request of the Subrecipient,
copies of said regulations as provided by the Department of Housing and Urban
Development.
Nondiscrimination.
In carrying out the project, Subrecipient shall not discriminate against any
employee or applicant for employment because of race, color, creed, religion,
ancestry, national origin, sex, age or disability or other handicap, marital/familial
status, or status with regard to public assistance. The Subrecipient will take
affirmative action to insure that all employment practices are free from such
discrimination. Such employment practices include, but not be limited to, the
following: hiring, upgrading, demotion, 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.
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 fom~ation of such program. The Subrecipient shall submit a plan
for an Affirmative Action Program for approval prior to the award of funds.
-6-
W/MBE
The Subrecipient will use its best efforts to afford minority and woman 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 (;;[y-one (51) percent
owned and controlled by minority group mambers or women. For the purpose of
this definition, "minority group members" are African Amaricans, Spanish speaking,
Spanish surnamed or Spanish heritage Americans, Asian Americans and Amadcan
Indians. The Subrecipient may rely on written representations by Subrecipients
regarding their status as minority and female business enterprises in lieu of an
independent investigation.
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 provisions stated herein.
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 commitmants hereunder, and shall
post copies in conspicuous places available to employees and applicants for
employment.
EEO/AA Statement
The Subrecipient will, in all solicitations or advertisemants for employees placed by
or on behalf of the Subrecipient~ state that it is an Equal Opportunity or Affirmative
Action employer.
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 Subrecipient or
vendor.
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.
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
-7-
cond~ons which are unsanitary, hazardous or dangerous to be participants' health
or safety.
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 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 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 joumeymen; provided, that if wage rates higher than those required
under ~e 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 rc, ccting the requirements
of this paragraph.
4. "Section 3" Clause
Compliance
Compliance with the provisions of Section 3, the regulations set forth in 24
CFR 135, and all applicable rules and orders issued hereunder pdor 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 subSubrecipients. Failure to fulfill 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 Subrocipient 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 contract 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
-8-
D. Conduct
1.
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.
Notifications
The Subrecipient agrees to send to each labor organization or representative
of workers with which it has a cellective 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 cepies of the notice in conspicuous places available to employees
and applicants for employment or training.
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 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
cemply with the requirements of these regulations.
Assignability
The Subrecipient shall not assign or transfer any interest in this contract without
the pdor 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 l~ansfer shall be
furnished promptly to the Recipient.
Hatch Act
The Subrecipient agrees that 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 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 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.
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.
Monitoring
The Subrecipient will monitor all subcontracted services on a regular basis to
assure contract compliance. Results of monitoring efforts shall be
sumn~rized in written reports and supported with documented evidence of
follow up actions taken to correct areas of noncompliance.
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.
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 conceming the selection process.
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 in accordance with the federal regulations specified in 24 CFR
570.200(j).
ENVIRONMENTAL CONDITIONS
A. Air, Water and Solid Waste
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., 7401, 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 hereunder.
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part 50, as
amended.
The Safe Drinking Water Act of 1974 (42 U.S.C. 201,300(f) et seq., and 21 U.S.C. 349)
as amended
National Environmental Policy Act of 1969
HUD Environmental Review Procedures (24 CFR, Part 58).
42,U.S.C. 6901 et seq., as amended
- ]0-
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. Such regulations pertain to all
HUD assisted housing and require that all ova~m~, 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.
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.
-]]-
Exhibit B
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 Developmem's
estimated median family income.
A low income person or family tins a total income which falls between the fifty (50) percent and eighty (80)
percent median for the area, adjusted for size.
A very tow 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 aretc
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 January 2002 for the Dubuque Metropolitan Area are as follows:
Maximum Annual Income
Family Size Low Very Low 30 % Median
1 $30,600 $19,100 $11,450
2 $34,950 $21,850 $13,100
3 $39,300 $24,550 $14,750
4 $43,700 $27,300 $16,400
5 $47,150 $29,500 $17,700
6 $50,650 $31,650 $19,000
7 $54,150 $33,850 $20,300
8 or more $57,650 $36,050 $21,600
F:'~Users~AKRAMER\C DB G\CDBG ContractsXWashington Tool Libmry~O peration N ewView Agreement.doc
-12-