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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 2 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. -1- 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 -2- 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. - 3 - 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 -4- 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 -5- 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 -6- 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 -7- 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