Purch Services Wash Tool LibrarMEMORANDUM
April 17, 2003
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Purchase of Service Agreement - Washington Neighborhood Tool Library
Housing and Community Development Department Director David Harris is
recommending approval of the Washington Neighborhood Tool Library Purchase of
Service Agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
MEMORANDUM
April 7 2003
TO:Michael C. Van Milligen, City Manager
FROM:David Harris, Housing and Community Development Department
SUBJECT: Purchase of Service Agreements-
Washington Neighborhood Tool Library
The adopted Fiscal Year 2004 operating budget provides for the payment of $15,500
for the Washington Tool Library. The attached Purchase of Service Agreement will
facilitate the continued operation of the Washington Neighborhood Tool Library at 345
East 18th Street.
The FY 2003 purchase of service agreement was approved with Operation New View
Community Action Agency as the administrator of the Washington Tool Library
operation. This was to facilitate the requirements by HUD that income verification was
needed on all borrowers. Operation New View provided for the registration of borrowers
of tools by assisting residents in completing an eligibility form to verify annual income
status and issuing a tool library card. They also maintained files and information of
borrowers, assisted tool library volunteers with questions, provided quarterly reporting
and processed requests for reimbursements.
The Washington Tool Library is now requesting that the total $15,500 approved in the
FY 2004 budget be allocated directly to the Tool Library. As described in the attached
letter, they are requesting that the administration functions be returned to the
volunteers who have operated the facility since 1975. Due to the reduced number of
borrowers since implementation of the new regulations, donations have declined and
continued operation is questionable without additional funds. The $5000 currently
being spent on Operation New View is needed by the Tool Library to maintain the free
tool lending library. They have now become familiar enough with the registration
process to take over issuing library cards and providing the documentation as required
by the CDBG regulations.
It is my recommendation that the City Council approve the attached Purchase of
Service Agreement with the Washington Neighborhood Tool Library and authorize the
Mayor to execute the contract on behalf of the City.
Memo prepared by: Aggie Kramer, Community Development Specialist
April 2, 2003
Honorable Mayor and City Council
City of Dubuque
City Hall
Dubuquelowa 52001
RE: Washington Tool Library
Dear Mayor and Council;
The Washington Tool Library is hereby requesting that the total $15,500 approved in the
FY 2004 budget be allocated to the Tool Library, with all administrative functions once
again being taken over by them.
The Washington Tool Library is a free tool lending library operated by volunteers at 345
East 18th Street. The facility is operated with Community Development Block Grant
(CDBG) funds that are awarded each year by the City Council. We lend tools at no
charge to low and moderate income households for maintaining or renabilitating their
residential property. City residents now complete an eligibility form verifying their
income status at Operation: New View Community Action Agency, 1473 Central and
then obtain a tool library card prior to borrowing tools.
The administraeve functions and borrower's registration for the Washington Tool Library
was moved to Operation New View as of July 1, 2002 due to requirements by HUD that
income varification was needed on all borrowers. The Tool Library was uncomfortable
obtaining this information but has now become familiar enough with the process to take
over issuing library cards.
The Washington Tool Library has also seen a decline in donations, which are necessary,
to allow continued operation, in past years we received $10,500 from the City and about
the same amount from donations. Due to the registration requirements, our donations
have dropped and the library may have to close if additional funds are not recieved. The
$5000 currently being spent on Operation New View is needed by the Tool Library to
maintain the free tool lending library.
We are requesting that the grant agreement once again be approved with the
Washington Tool Library for $15,500 for Fiscal Year 2004. We will comply with all HUD
requirements and will work with th cit staff to maintain HUD compliance.
Sincerely,
Tom Oberhoffer, President
Washington Tool Library
CITY OF DUBUQUE, IOWA
AND
WASHINGTON NEIGHBORHOOD TOOL LIBRARY
PURCHASE OF SERVICE AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
This PURCHASE OF SERVICE AGREEMENT dated as of the 1st day of July 2003 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, 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) 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) Maintain documentation on the number of users, tools borrowed and
purchased. Borrowers must present a Tool Library card issued by the
Washington Tool Library prior to obtaining tools.
3) Administer the Tool Library operation, including the registration of
borrowers of tools by assisting residents in completing an annual
eligibility form verifing income status and by issuing a Tool Library
card prior to borrowing tools.
II. 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. HUD requires information on family
size, household income, ethnic origin and female head of household.
(Exhibit B lists the income guidelines)
III. 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 more 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.
IV.DATES OF COMMENCEMENT AND COMPLETION:
The services to be provided under this Agreement shall be commenced
on July 1 and must be completed not later than June 30, 2004.
Recipient's right 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.
V. 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 the 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.
All donations received from individuals using tools from the
Washington Tool Library 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 15th 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:
Recipient Subrecipient
Aggie Kramer Attention:
Community Development Specialist Tom Oberhoffer
Housing and Community Development Washington Neighborhood
1805 Central Tool Library
Dubuque, Iowa 52001 345 E. 18th Street
Dubuque, IA 52001
IN WITNESS WHEREOF, the parties have executed this contract with the referenced
attachment Exhibit A as of the date first written above.
Witnessed
City of Dubuque, Iowa
Jeanne F. Schneider, City Clerk
Terrance M Duggan, Mayor
Washington Neighborhood Tool Library
Tom Oberhoffer, President
EXHIBIT A
TABLE OF CONTENTS
I. GENERAL CONDITIONS ..................................................................................... 1
A. General Compliance .................................................................................... 1
B. Independent Contractor ...............................................................................
C. Hold Harmless ............................................................................................. 1
D. Workers' Compensation .............................................................................. 1
E. Insurance and Bonding ................................................................................
F. Grantor Recognition ..................................................................................... 1
G. Amendments ................................................................................................ 2
H. Suspension or Termination .......................................................................... 2
II. ADMINISTRATIVE REQUIREMENTS .................................................................. 2
A. Financial Management ................................................................................ 3
1. Accounting Standards ......................................................................... 3
2. Cost Principles .................................................................................... 3
B. Documentation and Recordkeeping ............................................................. 3
1. Records to be Maintained ................................................................... 3
2. Retention ............................................................................................ 3
3. Client Data .......................................................................................... 3
4. Disclosure ........................................................................................... 3
5. Property Records ................................................................................ 4
6. National Objectives ............................................................................. 4
7. Closeouts ............................................................................................ 4
8. Maintenance of Records and Right to Inspect .................................... 4
C. Reporting and Payment Procedures ............................................................ 4
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
III. RELOCATION, ACQUISITION AND DISPLACEMENT ........................................ 5
IV. 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
V. ENVIRONMENTAL CONDITIONS ...................................................................... 10
A. Air and Water ............................................................................................. '11
B. Lead Based Paint ...................................................................................... 11
C. Historic Preservation .................................................................................. 1 '1
EXHIBIT A
STANDARD REQUIREMENTS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS
I. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 Code of
Federal Regulations, Part 570 of the Housing and Urban Development regulations
concerning Community Development Block Grants (CDBG) 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.
B. Independent Contractor
Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. The Subrecipient shall at all times remain an independent contractor
with respect to the services to be performed under this Agreement. The Recipient
shall be exempt from payment of all Unemployment Compensation, FICA,
retirement, life and/or medical insurance and Workers' Compensation Insurance as
the Subrecipient is an independent contractor.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Recipient from any
and all claims, actions, suits, charges and judgments whatsoever that arise out of
the Subrecipient's performance or nonperformance of the services or subject
matter called for in this Agreement.
D. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage for all
employees involved in the performance of this contract.
E. Insurance and Bonding
The Subrecipient shall maintain insurance to the extent and against such hazards
and liabilities as are in keeping with the current insurance program of Recipient.
The Subrecipient shall comply with the bonding and insurance requirements of
OMB Circular A-110, Bonding and Insurance.
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. 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 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, 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 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 I1.
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 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.
II. ADMINISTRATIVE REQUIREMENTS
A. 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 maintain necessary
source documentation for all costs incurred.
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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.
B. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the federal
regulations specified in 24 CFR Part 570.506, 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.
2. Retention
The Subrecipient shall retain all records pertinent to expenditures incurred
under this contract for a period of five (5) 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, negotiations or other actions that involve any
of the records cited and that have started before the expiration of the three-
year period, 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.
3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to client name,
address, income level or other basis for determining eligibility, and
description of services provided. Such information shall be made available to
Recipient monitors or their designees for review upon request.
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4. Disclosure
The Subrecipient understands that client information collected under this
contract is private and the use or disclosure of such information, when not
directly connected with the administration of the Recipient's or Subrecipient's
responsibilities with respect to services provided under this contract, is
prohibited by law unless written consent is obtained from such person
receiving service and, in the case of a minor, that of a responsible
parentJguardian.
5. Property Records
The Subrecipient shall maintain property inventory records that clearly
identify items purchased or sold.
6. National Objectives
The Subrecipient 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.
7. Closeouts
Subrecipient obligation to the Recipient shall not end until all closeout
requirements are completed. Activities during this closeout period shall
include, but are not limited to, making final payments, disposing of program
assets (including the return of all unused materials, equipment, unspent cash
advances, program income balances, and receivable accounts to the
Recipient, and determining the custodianship of records).
8. 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 right 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. 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.
2. Payment Procedures
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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 concerning 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 accounts. In addition, the Recipient reserves the
right to liquidate funds available under this contract for costs incurred by the
Recipient on behalf of the Subrecipient.
3. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost
allocation plan for determining the appropriate Subrecipient's share of
administrative costs and shall submit such plan to the Recipient for approval,
in a form specified by the Recipient.
4. Progress Reports
The Subrecipient shall submit quarterly Activity Progress Reports to the
Recipient.
D. Procurement
1. Compliance
The Subrecipient shall comply with current Recipient policy concerning the
purchase of equipment and shall maintain inventory records of all
nonexpendable personal property as defined by such policy as may be
procured with funds provided herein. All program assets (unexpended
program income, property, equipment, etc.) shall revert to the Recipient upon
termination of this Agreement unless addressed under another agreement as
provided or continued for use for CDBG eligible activities.
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, as
modified by 24 CFR.502 (b)(6) covering utilization and disposal of property.
3. Travel
The Subrecipient shall obtain written approval from the Recipient for any
travel outside the metropolitan area to be paid for with funds provided under
this contract.
III. 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, families, individuals, 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
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applicable Recipient ordinances, resolutions and policies concerning
displacement of individuals from their residences.
IV. PERSONNEL AND PARTICIPANT CONDITIONS
A. 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.
2. Nondiscrimination.
In carrying out the project, Subreclpient 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.
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
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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 minodty 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 sumamad or Spanish heritage Americans, Asian
Americans and American Indians. The Subrecipient may rely on written
representations by Subrecipients regarding their status as minodty and
female business enterprises in lieu of an independent investigation.
3. Access to Records
The Subrecipient shall furnish and cause each of its own subrecipients or
subcontractors to furnish all information and reports required hereunder and
will permit access to its books, records and accounts by the Recipient, HUD
or its agent, or other authorized Federal officials for purposes of investigation
to ascertain compliance with the rules, regulations and provisions stated
herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer,
advising the labor union or worker's representative of the Subrecipient's
commitments hereunder, and shall post copies in conspicuous places
available to employees and applicants for employment.
5. EEO/AA Statement
The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that it is an Equal
Opportunity or Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X A, Civil Rights,
and B, Affirmative Action, in every subcontract or purchase order, specifically
or by reference, so that such provisions will be binding upon each
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 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 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.
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 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.
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The Subrecipient further agrees to comply with these "Section 3"
requirements and to include the following language in all subcontracts
executed under this Agreement.
"The work to be performed under this 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 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 concems 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 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.
D. conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this contract
without the prior written consent of the Recipient thereto; provided, however,
that claims for money due or to become due to the Subrecipient from the
Recipient under this contract may be assigned to a bank, trust company or
other financial institution without such approval. Notice of any such
assignment or transfer shall be furnished promptly to the Recipient.
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2. 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.
3. 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.
4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency
or individual in the performance of this contract without the written
consent of the Recipient prior to the execution of such agreement.
b. Monitoring
The Subrecipient will monitor all subcontracted services on a regular
basis to assure contract compliance. Results of monitoring efforts shall
be summarized in written reports and supported with documented
evidence of follow up actions taken to correct areas of noncompliance.
c. Content
The Subrecipient shall cause all of the provisions of this contract in its
entirety to be included in and made a part of any subcontract executed
in the performance of this agreement.
d. Selection Process
The Subrecipient shall undertake to insure that all subcontracts let in
the performance of this agreement shall be awarded on a fair and open
competition basis. 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 in accordance with the federal regulations
specified in 24 CFR 570.200(j).
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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
B. 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 owners,
prospective owners, and tenants or properties constructed prior to 1978 be
propedy 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.
C. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set
forth in the National Histodc 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 histodc 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
Development's estimated median family income.
A low income person or family has a total income which falls between the fffty (50) percent and eighty (80)
percent median for the area, adjusted for size.
A very low income person, family, or household has a total income which falls between thirty (30) and fifty
(50) percent of the median income, adjusted for size, of the metropolitan area.
A 30% median income person, lbmily or household has a total income which is between 0 and tkirty (30)
percent of the median income, adjusted for size, of the metropolitan area.
The maximum income limits as of January 2003 for the Dubuque Metropolitan Area are as follows:
Maximum Annual Income
Family Size 30% Median Very Low Low
1 $11,600 $19,300 $30,900
2 $13,250 $22,100 $35,350
3 $14,900 $24,850 $39,750
4 $16,550 $27,600 $44,150
5 $17,900 $29,800 $47,700
6 $19,200 $32,000 $51,250
7 $20,550 $34,200 $54,750
8 or more $21,850 $36,450 $58,300
FSUsers~AKRAMER',CDBG~CDBG Contracts',Washingt~3 Tool Libmry~Opemtion N ewView Agreement.doc
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