Purchase of Services Agreement_Project Concern Information & Referall, Child Care Referral 2011Masterpiece on the Mississippi
MCVM /jml
Attachment
May 11,2010
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jenny Larson, Budget Director
David Harris, Housing & Community Development Director
Dubuque
All- AmedcaCily
1
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Purchase of Service Agreement with Project Concern, Inc. - Information
and Referral and Child Care Referral
The adopted Fiscal Year 2011 City Community Development Block Grant (CDBG)
operating budget provides payment of $25,821 to Project Concern, Inc., for the
Information and Referral Program, plus a payment of $9,098 for the Child Care
Resource and Referral Program.
Housing and Community Development Manager David Harris is recommending that the
City Council approve the attached Purchase of Service Agreement with Project
Concern, Inc. to help provide financial counseling and medical services information and
referral services, and child care resource and referral services to low- and moderate -
income residents of the City of Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michel C. Van Milligen
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: David Hares, Housing and Community Development Department
SUBJECT: Purchase of Service Agreement with Project Concern, Inc. -
Information and Referral and Child Care Referral
The adopted Fiscal Year 2011 City Community Development Block Grant (CDBG)
operating budget provides for the payment of $25,821 for the Information and Referral
Program. This program provides financial counseling and medical services information
and referral services to low and moderate income residents of the City of Dubuque. A
payment of $9,098 for the Child Care Resource and Referral Program provides for
childcare resource and referral services to low- and moderate - income residents.
It is recommended that the City Council approve the attached Purchase of Service
Agreement with Project Concern, Inc., for the Information and Referral Program and the
Child Care Resource and Referral Program, and authorize the Mayor to execute the
contract on behalf of the City when the HUD CDBG funding agreement has been
authorized.
Attachment
April 26, 2010
Dubuque
ulaatr
11111,
2007
AGREEMENT BETWEEN
CITY OF DUBUQUE, IOWA
AND
PROJECT CONCERN
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Information and Referral
Child Care Resource and Referral
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THIS AGREEMENT, executed on the day of 2010 is entered into by and
between the City of Dubuque, Iowa, a municipal cation organized and existing
under the laws of the State of Iowa (Recipient) and Project Concern, with its principal
place of business in Dubuque, Iowa ( Subrecipient).
Whereas, Recipient is a participating city in the Community Development Block
Grant Program of the United States Department of Housing and Urban Development;
and
Whereas, Recipient wishes to engage Subrecipient to assist Recipient in
providing services to low -and moderate - income persons.
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
A. Informational and Referral
Subrecipient shall:
1. Provide financial counseling and medical services information and referral
services primarily to low- and moderate income residents of the City of
Dubuque.
2. Maintain current local information available on financial programs for low -
or moderate - income persons.
3. Assess client's financial needs to determine appropriate referral.
4. When appropriate, complete client intake, determine eligibility, and write
narrative on current financial crisis.
5. Refer client to appropriate financial sources.
6. Serve as advocate for clients needing additional assistance.
7. Keep current information available on local medical programs for low- or
moderate - income persons.
8. Assess clients' medical needs to determine income eligibility.
9. Refer eligible clients to appropriate service or professionals.
10. Research alternatives in the event first referrals do not meet client needs.
Cost Not to Exceed: $25,821
B. Child Care Resource and Referral Services
Subrecipient shall:
1 Provide child care resource and referral services primarily to low and
moderate - income residents of the City of Dubuque. In this regard for the
term of this agreement it shall:
2. Identify all childcare services and maintain a regularly updated resource file
of all such services.
3. Target low and moderate - income families as consumers of CCR &R services
through special marketing efforts, classes and publications aimed at
educating about the availability of childcare services in Dubuque.
4. Actively maintain a resource and referral process, which responds to
parental need for information and support, promotes maximum parental
choices, documents and tabulates data pertaining to parent requests and
respects the confidentiality of families and providers.
5. Provide information and technical assistance to existing and prospective
providers to increase the variety, quantity, and quality of childcare in
Dubuque. Expand childcare provider database, targeting providers of infant
care, evening and flexible schedule care.
Cost Not to Exceed: $9,098
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 low and moderate income persons;
Benefit a limited clientele at least 51 percent of who are low- or moderate -
income persons; and 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 Subrecipient by Recipient for the
services shall in no event exceed the sum of $34,919 for the program as
described approved.
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 Subrecipient shall provide such supplementary budget information in
a timely fashion in the form and content prescribed by Recipient.
Recipient and Subrecipient must approve any amendments to this budget
in writing.
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IV. DATES OF COMMENCEMENT AND COMPLETION:
The services to be provided under this Agreement shall be commenced
on July 1, 2010 and shall be completed not later than June 30, 2011.
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
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 and Income Guidelines in Exhibit B
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 Recipient to Subrecipient under this Agreement shall not
exceed the amount stated in Section III of this Agreement. Such
amount will be paid upon written request on the Request for
Payment form, with proof satisfactory to Recipient of expenses.
Drawdowns for payment of eligible expenses are reimbursement
only.
B. Payment shall be supported by documentation provided by
Subrecipient of costs incurred for services provided pursuant to this
Agreement.
C. Payments are contingent upon certification of 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 Recipient.
VII. INSURANCE.
At the time of execution of this Agreement by Subrecipient, Subrecipient
shall provide to Recipient copies of Subrecipient's insurance certificates
showing general liability, automobile liability, and workers compensation
insurance coverage to the satisfaction of Recipient for the term of this
Agreement.
VIII. REPORTING AND MONITORING.
Subrecipient shall render to Recipient a quarterly written report detailing
its activities. Quarterly reports shall be submitted no later than the 15 of
the month in October, January, April and July.
Subrecipient shall submit a measurable performance outcome for the
funded activity when submitting the quarterly report, as follows:
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7000 residents will have new access to financial counseling and medical
services information and referral services that create a suitable living
environment. In addition, 200 residents will have new access and 500
residents will have improved access to child care resource and referral
services that create a suitable living environment
Subrecipient shall be subject to at least one site visit by personnel of
Recipient, or a designee of Recipient or duly authorized federal, for the
purpose of monitoring Subrecipient's delivery of services and compliance
with terms of the agreement and federal standards that pertain to federally
funded grant activities. 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
IX. DISCRIMINATION.
In carrying out the services under this Agreement, Subrecipient shall not
discriminate against any employee or applicant for employment because
of race, creed, color, sex, age, national origin, religion, sexual orientation,
gender identity, or disability. Subrecipient shall take affirmative action to
ensure that applicants for employment are employed and that employees
are treated during employment without regard to race, creed, color, sex,
age, national origin, religion, sexual orientation, gender identity, or
disability. Such action shall include, but not limited to, the following:
employment, upgrading, demotion or transfer; rates of pay or other forms
of compensation; and selection for training, including apprenticeship.
Subrecipient agrees and will undertake whatever affirmative measures are
necessary so that no person shall be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any
program or activities funded in whole or in part with any of the funds made
available to Subrecipient under the terms of this Agreement because of
race, creed, color, religion, national origin, sex, age, degree of handicap,
sexual orientation, gender identity, or disability.
X. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party by giving the other party a
written, ninety (90) day notice of such termination or upon such other terms
as may be mutually agreeable.
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If, through any cause, Agency shall fail to fulfill in a timely and proper manner
its obligations under this Agreement or if Agency shall violate any of the
covenants, agreements, or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to Agency of such
termination not less than five (5) days before the effective date of such
termination.
XI. ASSIGNABILITY.
Agency shall not assign this Agreement or any interest in this Agreement
without prior written approval of City.
XII. NOTICES.
Communication and details concerning this Agreement shall be directed
to the following representatives:
Recipient
Subrecipient
Aggie Tauke
Attention:
Community Development Specialist
Nancy Lewis
Housing and Community Development
Project Concern
1805 Central
1789 Elm Suite B
Dubuque, Iowa 52001
Dubuque, IA 52001
IN WITNESS WHEREOF, the parties have executed this agreement, with the
referenced attachments Exhibit A and B, as of the date first written above.
Witness: City of Dubuque, Iowa
Jeanne F. Schneider, City Clerk Roy . Buol, Mayor
Project Concern
cL-
IV.
EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS 1
A. General Compliance 1
B. Independent Contractor 1
C. Hold Harmless 1
D. Workers' Compensation 1
E. Insurance and Bonding 1
F. Grantor Recognition 1
G. Amendments 1
H. Suspension or Termination 2
ADMINISTRATIVE REQUIREMENTS 2
A. Financial Management 2
1. Accounting Standards 2
2. Cost Principles 2
B. Documentation and Recordkeeping 2
1. Records to be Maintained 2
2. Retention 2
3. Client Data 3
4. Disclosure 3
5. Property Records 3
6. National Objectives 3
7. Closeouts 3
8. Maintenance of Records and Right to Inspect. 3
C. Reporting and Payment Procedures 3
1. Program Income 3
2. Payment Procedures 3
3. Indirect Costs 4
4. Progress Reports 4
D. Procurement 4
1. Compliance 4
2. OMB Standards 4
3. Travel 4
RELOCATION, ACQUISITION AND DISPLACEMENT 4
PERSONNEL AND PARTICIPANT CONDITIONS 4
A. Civil Rights 4
1. Compliance 4
2. Nondiscrimination. 5
3. Section 504 5
B. Affirmative Action 5
1. Approved Plan 5
2. W /MBE 5
3. Access to Records 5
4. Notifications 5
5. EEO /AA Statement 5
6. Subcontract Provisions 5
C. Employment Restrictions 5
1. Prohibited Activity 5
2. OSHA 6
3. Labor Standards 6
4. "Section 3" Clause 6
a. Compliance 6
b. Notifications 6
c. Subcontracts 6
D. Conduct 7
1. Assignability 7
2. Hatch Act 7
3. Conflict of Interest 7
4. Subcontracts 7
a. Approvals 7
b. Monitoring 7
. Content 7
d. Selection Process 7
5. Religious Organization 8
ENVIRONMENTAL CONDITIONS 8
A. Air and Water 8
B. Lead Based Paint 8
C. Historic Preservation 8
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I. GENERAL CONDITIONS
EXHIBIT A
STANDARD REQUIREMENTS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS
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.
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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.
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 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 determining 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
2
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 Recipients or Subrecipients 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 property inventory records that clearly identify items
purchased or sold.
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 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
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
3
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 0 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 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
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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 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 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
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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.
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.
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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.
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.
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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(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 properly notified that such properties may include lead based paint. Such
notification shall point out the hazards of lead based paint and explain the symptoms,
treatment and precautions that should be taken when dealing with lead based paint poisoning
and the advisability and availability of blood lead level screening for children under seven. The
notice should also point out that if lead -based paint is found on the property, abatement
measures may be undertaken.
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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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 fifty (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, family or household has a total income which is between 0 and thirty (30) percent of the
median income, adjusted for size, of the metropolitan area.
The maximum income limits as of March 2009 for the Dubuque Metropolitan Area are as follows:
Maximum Annual Income
Family Size 30 % Median Very Low Income - Low
Income (50%) Income - (80 %)
1 $0 -$13,150 $13,151 - $21,900 $21,901- $35,000
2 $0 - $15,000 $15,001 - $25,000 $25,001- $40,000
3 $0 - $16,900 $16,901 - $28,150 $28,151- $45,000
4 $0 - $18,750 $18,751 - $31,250 $31,251- $50,000
5 $0 - $20,250 $20,251 - $33,750 $33,751- $54,000
6 $0 - $21,750 $21,751 - $36,250 $36,251- $58,000
7 $0 - $23,250 $23,251 - $38,750 $38,751- $62,000
8 or more $0 - $24,750 $24,751 - $41,250 $41,251- $66,000
F: \USERS\ATAUKE \CDBG \CDBG Contracts\Project Concern\11 Project Concern Child Referral agrmt.doc
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