Purchase of Services Agreement_Washington Neighborhood Tool Library 2011Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Purchase of Service Agreement -
Washington Neighborhood Tool Library
May 11,2010
Dubuque
All- America CITY
111 LI
2007
The adopted Fiscal Year 2011 Community Development Block Grant (CDBG) operating
budget provides for payment of $15,500 to the Washington Tool Library.
Housing and Community Development Department Director David Harris is
recommending that the City Council approve the attached Purchase of Service
Agreement with the Washington Tool Library to provide lending free tools and
equipment for low and moderate income persons.
concur with the recommendation and respectfully request Mayor and City Council
approval.
Mich I C. Van Milligen
MCVM /jml
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jenny Larson, Budget Director
David Harris, Housing and Community Development Department Director
Masterpiece on the Mississippi
April 26, 2010
TO: MichaelC Van Milligen, City Manager
FROM: David Harris, Housing and Community Development Department
9 Y p p
SUBJECT: Purchase of Service Agreement —
Washington Neighborhood Tool Library
The adopted Fiscal Year 2011 City Community Development Block Grant (CDBG)
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 18 Street.
The Washington Neighborhood Tool Library is a free tool lending library for low -and
moderate - income persons. The Library registers tool borrowers by assisting residents in
completing an eligibility form to verify annual income status as required by HUD, and
issues a Tool Library card. The volunteer staff purchase new tools as needed,
maintains files and information on borrowers, and provides the documentation as
required by the CDBG regulations.
It is recommended 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 when the HUD CDBG funding agreement has
been authorized.
Attachment
Dubuque
uap
11111f
2007
CITY OF DUBUQUE, IOWA
AND
WASHINGTON NEIGHBORHOOD TOOL LIBRARY
FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Agreement
THIS AGREEMENT, executed on the day of 2010 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 (Recipient) and Washington Neighborhood Tool
Library, with its principal place of business in Dubuque, Iowa (Subrecipient).
Whereas, 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, 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:
Subrecipient shall:
1. 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:
a) Lend, without charge, a variety of tools for the purpose of improvement
or rehabilitation of residential property for low -and moderate - income
households. The Tool Library shall continue to increase, when deemed
necessary, its inventory of tools in order to provide a wider range of tools
for use.
b) 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.
c) Administer the Tool Library operation, including the registration of
borrowers of tools by assisting residents in completing an annual eligibility
form verifying income status and by issuing a Tool Library card prior to
borrowing tools.
II. NATIONAL OBJECTIVE
1
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
low -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 Subrecipient by 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, 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. The
Recipient and Subrecipient must approve any amendments to this
Agreement in writing.
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 Subrecipient remains in control
of CDBG funds or other assets including program income.
V. AGREEMENT DOCUMENTS AND PROVISIONS
Subrecipient shall 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 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 shall be paid
upon written request on the Request for Payment form, with proof
satisfactory to the recipient of expenses. Drawdowns for payment of
eligible expenses are reimbursement only.
B. All donations received from individuals using tools from the
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D. Payments are be 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.
Washington Tool Library shall be considered program income. As
program income, the donations shall be used to offset expenses of the
program prior to requesting additional CDBG funds.
C. Payment shall be supported by documentation provided by
Subrecipient of costs incurred for services provided pursuant to this
Agreement.
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, including number of persons certified, tool library cards
issued, number of tools borrowed and purchased, number of low -and
moderate - income persons borrowing tools at the Washington
Neighborhood Tool Library and other information required by the CDBG
regulations to document participants are low -and moderate - income.
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:
The program shall provide 550 low /moderate income persons with access
to affordable housing through services which assist in providing decent
affordable housing
Subrecipient shall be subject to at least one site visit by personnel of
Recipient, or a designee of Recipient or duly authorized federal officials,
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. 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
3
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.
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 Tess than five (5) days before the effective date of such
termination.
XI. NOTICES
Communication and details concerning this Agreement shall be directed
to the following agreement representatives:
Recipient Subrecipient
4
Aggie Tauke
Community Development Specialist
Housing and Community Development
1805 Central
Dubuque, Iowa 52001
XII. ASSIGNABILITY
Attention:
Tom Oberhoffer
Washington Neighborhood
Tool Library
345 E. 18 Street
Dubuque, IA 52001
Agency shall not assign this Agreement or any interest in this Agreement
without prior written approval of City.
IN WITNESS WHEREOF, the parties have executed this contract with the referenced
attachment Exhibit A & B as of the date first written above.
W ss: City of P util wa
anne F. Schneider, City Clerk Roy D uol, Mayor
Washington Neighborhood Tool Library
Tom Oberhoffer, President
F:\USERS\ATAUKE \CDBG \CDBG Contracts \Washington Tool Library\11 Wash Tool Library agrmt.doc
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
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 11.
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 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
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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 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 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.
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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 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.
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
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
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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.
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
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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.
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
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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.
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 Developments
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 \Washington Tool Library\11 Wash Tool Library agrmt.doc