NISOM Agree - Music UptownMEMORANDUM
May12,2003
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Agreement with Northeast Iowa School of Music for Uptown Recreation
Programs - FY 2004
Leisure Services Manager Gil Spence is recommending City Council approval of the
grant agreement with the Northeast Iowa School of Music to provide music lessons in
FY 2004 as part of the Uptown Recreation Program. The cost of this program is
$1,600.
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
Gil D. Spence, Leisure Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
April 28, 2003
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT: Agreement with the Northeast Iowa School of Music
for Uptown Recreation Programs
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the grant
agreement with the Northeast Iowa School of Music to provide music lessons as part of
the Uptown Recreation Program.
DISCUSSION
Northeast Iowa School of Music will provide music programs in FY 2004 to be included
in our Uptown Recreation Program. Cost for this program is $1,600.
CDBG funds are used for these programs so the Department of Housing and Urban
Development requires this formal grant agreement.
ACTION STEP
The action requested is that the City Council approve the grant agreement and
authorize the City Manager to sign it.
GDS:et
attachment
CITY OF DUBUQUE IOWA
AND
NORTHEAST IOWA SCHOOL OF MUSIC
GRANT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Music Lessons
FY 2004
This AGREEMENT dated as of the 19th day of May, 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 "City") and
the Northeast Iowa School of Music, with its principal place of business in Dubuque,
Iowa, (hereinafter referred to as the "SChool").
WITNESSETH:
Whereas, the City is a participating city in the Community Development Block
Grant Program of the United States DePartment of Housing and Urban Development;
and
Whereas, the City wishes to engage the School to assist the City of Dubuque
in utilizing such funds.
NOW THEREFORE, in consideration of the premises and respective covenants,
agreements and representations hereinafter set forth, the parties agree as follows:
I. SCOPE OF SERVICES/CONTRACT TERMS
A. School shall provide the following services to eligible residents of the City
of Dubuque in a manner satisfactory to the City and consistent with any
standards required as a condition of providing these funds. Such program
will include the following activities eligible under the Community
Development Block Grant Program:
To plan, organize and conduct music lessons for Iow/moderate
income youth.
These activities are in accordance with specifications as required by the
Leisure Services Department of the City. In the event of a conflict between
such applicant's proposals and the provisions herein, that provision which
in the opinion of the City provides the greatest benefit to the City shall
prevail. Failure of the School to provide any of the services proposed shall
be deemed a material breach of this Agreement.
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:
570.208(a)(2) Activities benefiting Iow and moderate income persons.
Benefit a limited clientele at least 51 percent of who are Iow or moderate-
income persons. Requires information on family size, household income,
ethnic origin and female head of household
III. PROJECT BUDGET
The total compensation to be paid to the Subrecipient by the Recipient for
the services shall in no event exceeds the sum of $1,600.00 for the
program as described approved.
The costs of the program will be incurred by the School for personnel,
rental, supplies and all costs related to the implementation of this
program as agreed to by the City's Leisure Services Department.
Any indirect costs charged must be consistent with the conditions of
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, 2003 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
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part of this agreement.
VI.
PAYMENT
A. It is expressly agreed and understood that the total amount to be paid by
the City under this contract shall not exceed 91,600.00, unless amended.
B. The School is to be paid upon submission of documentation by the School of
costs incurred for services at the time of payment pursuant to this Agreement.
Payments may be contingent upon certification of the School'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.
NOTICES.
Communication and details concerning this contract shall be directed to the
following contract representatives:
CITY
Gil D. Spence
Leisure Services Department
2200 Bunker Hill Road
NE IOWA SCHOOL OF MUSIC
Tracey Rush
Northeast Iowa School of Music
2728 Asbury Road
Dubuque, Iowa 52001
IN WITNESS WHEREOF, the parties have executed this contract as of May 16, 2003
with the referenced Exhibit A and Attachment A.
CITY OF DUBU, QUE i
Michael C. Van Milligen
City Manager
NE IOWA SCHOOL OF MUSIC
/s/ Tracey Rush
F:\Usem~AKRAMER\C DBG\C D BG Contracts~ProjectConcernAgreement.doc
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EXHIBIT A
TABLE OF CONTENTS
I. GENERAL CONDITIONS .......................................................................................
A. General Compliance ......................................................................................
B. Independent Contractor .................................................................................
C. Hold Harmless
D. Workers' Compensation ................................................................................
E. Insurance and Bonding ..................................................................................
F. Grantor Recognition .......................................................................................
G. Amendments ..................................................................................................
H. Suspension or Termination.: ..........................................................................
II. ADMINISTRATIVE REQUIREMENTS ....................................................................
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 ......................................
Reporting and Payment Procedures ..............................................................
1. Program Income ....................................................................................
2. Payment Procedures .............................................................................
3. Indirect Costs ........................................................................................
4. Progress Reports ........ .........................................................................
Procurement ........................ , .........................................................................
1. Compliance ...........................................................................................
2. OMB Standards ........................... : ........................................................
3. Travel ....................................................................................................
III. RELOCATION, ACQUISITION AND DISPLACEMENT ..........................................
IV. PERSONNEL AND PARTICIPANT CONDITIONS .................................................
A. Civil Rights ............................................ ........................................................
1. Compliance ............... ...........................................................................
2. Nondiscrimination .................................................................................
3. Section 504: ..........................................................................................
B. Affirmative Action ...........................................................................................
1. Approved Plan ......................................................................................
2. W/MBE ..................................................................................................
3. Access to Records ................................................................................
4. Notifications ..........................................................................................
5. EEO/AA Statement ...............................................................................
6. Subcontract Provisions .........................................................................
C. Employment Restrictions ...............................................................................
1. Prohibited Activity .................................................................................
2. OSHA ....................................................................................................
3. Labor Standards ........ ..........................................................................
4. "Section 3" Clause ................................................................................
a. Compliance ..................................................................................
b. Notifications .................................................................................
c. Subcontracts ................................................................................
D. Conduct .........................................................................................................
1. Assignability ..........................................................................................
2. Hatch Act ..............................................................................................
3. Conflict of Interest ..................................................................................
4. Subcontracts .........................................................................................
a. Approvals .....................................................................................
b. Monitoring ....................................................................................
Content ............. ..........................................................................
d. Selection Process ........................................................................
5. Religious Organization .........................................................................
V. ENVIRONMENTAL CONDITIONS ..........................................................................
A. Air and Water ....................... ...........................................
B. Lead Based Paint ..........................................................................................
C. Historic Preservation ......................................................................................
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EXHIBIT A
STANDARD REQUIREMENTS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS
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.
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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 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, 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 II.
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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.
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 S ubrecipient 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;
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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 five (5) 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.
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 parent/guardian.
5. Property Records
The Subrecipient shall maintain real property inventory records that
clearly identify properties purchased, improved or sold. Properties
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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).
6. National Objectives
The Subrecipient agrees to maintain documentation that
demonstrates that the activities carried out with funds provided under
this contract meet one or more of the CDBG program's national
objectives - (1) benefit low/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 arising out of said loan.
C. Reporting and Payment Procedures
1. Program Income
Except as specified below, Subrecipient will pay to Recipient ail
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 approvals: 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.
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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 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, 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
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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.
Affirmative Action
1.Approved Plan
The Subrecipient agrees that it shall be committed to carry out
pursuant to the Recipient's specifications an Affirmative Action
Program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1965. The Recipient shall
provide Affirmative Action guidelines to the Subrecipient to assist in
the formation of such program. The Subrecipient shall submit a plan
for an Affirmative Action Program for approval prior to the award of
funds.
2. W/MBE
The Subrecipient will use its. best efforts to afford minority and women
owned business enterprises the maximum practicable opportunity to
participate in the performance of this contract. As used in this
contract, the term "minority and female business enterprise" means a
business at least fifty-one (51) percent owned and controlled by
minority group members or women. For the purpose of this definition,
"minority group members" are African Americans, Spanish speaking,
Spanish surnamed or Spanish heritage Americans, Asian Americans
and American Indians. The Subrecipient may rely on written
representations by Subrecipients regarding their status as minority
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
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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 Subreci pient'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. 276,32%
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 concerns which are located in, or owned
in substantial part, by persons residing in the area of the
project."
The Subrecipient certifies and agrees that no contractual or other
disability exists which would prevent compliance with the
requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other contract or understanding, if any, a notice
advising said labor organization or worker's representative of its
commitments under this Section 3 clause and shall post copies of the
notice in conspicuous places available to employees and applicants
for employment or training:
c. Subcontracts
The Subrecipient will include this Section 3 clause in every
subcontract and will take appropriate action pursuant to the
subcontract upon a finding that the subSubrecipient is in violation 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
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The Subrecipient shall not assign or transfer any interest in this
cohtract 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.
2. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel
employed under this contract, shall be in anyway 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).
V. 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(0 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 properly notified that such properties may
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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 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.
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Attachment A
CITY OF DUBUQUE, IOWA
INCOME GUIDELINES FOR
FINANCIAL ASSISTANCE
The maximum income limits as of February 20, 2003 for the Dubuque Metropolitan
Area are as follows:
MaXimum Annual Income
Low Very Low
Family Size
Income Income
1- $30,900 $19,300
2 $35,350 $22,100
3 $39,750 $24,850
4 $44,150 $27,600
5 $47,700 $29,800
6 $51,250 $32,000
7 $54,750 $34,200
8 or more $58,300 $36,450
30%Median
Income
$11,600
$13 250
$14 900
$16 550
$17 900
$19 200
$20 550
$21 850
*Subject to change by US Department of Housing and Urban Development
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