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Four Oaks Grant CP2 Four MoundsMEMORANDUM December 8, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Four Oaks Community Partnership (cp2) Grant - Subcontract for Pumhase of Services with Four Mounds Foundation Housing and Community Development Department Director David Harris recommends City Council approval of a subcontract between Four Oaks and Four Mounds for the Community Partnership (cp2) grant that subcontracts services for the Four Oaks Housing Education and Rehabilitation Training (HEART) Program. The HEART Program serves Special Education students attending Four Oaks Interim or Therapeutic Classrooms who have elected a vocational education track rather than a full time academic classroom curriculum. HEART Program students attend school one- half day, and spend the balance of the school day together on a job site working to rehab housing for lower income occupants. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael~C, V~!n~g~n~v~' MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director MEMORANDUM December 4, 2003 TO: FROM: Mich~\¥an Milligen, City Manager David H~s, Housing and Community Development Department SUBJECT: Four Oaks Community Partnership (cp21 Grant- Subcontract for Purchase of Services with Four Mounds Foundation INTRODUCTION The purpose of this memorandum is to request the City Council's approval of the subcontracting of services for the Four Oaks Housing Education and Rehabilitation Training (HEART) Program Community Partnership (cp2) grant. A resolution providing for the approval is attached for the Mayor's signature. BACKGROUND Four Oaks received a $36,000 Community Partnership (cp2) grant for the Housing Education and Rehabilitation Training (HEART) Program. The program is a collaboration between Four Oaks, Dubuque Community Schools, City of Dubuque Housing Department, Juvenile Court Services, the Department of Human Services and John Gronen Properties. The Council approved the cp2 grant on May 19th 2003 by Resolution 181-2003. The HEART Program serves Special Education students attending Four Oaks Interim or Therapeutic Classrooms who have elected a vocational education track rather than a full time academic classroom curriculum. HEART Program students attend school one- half day, and spend the balance of the school day together on a job site working to rehab housing for lower income occupants. Four Oaks submitted a request for proposal to procure a sub-contract for a carpentry tradesperson to work with the students in this project. This tradesperson schedules the students work on their current rehab project, secures materials as necessary, sets up daily work, instructs and supervises students on the job. Four Mounds was selected to perform this service. The existing cp2 grant requires the wdtten consent of the City pdor to the execution of the subcontract with Four Mounds. The subcontract requires compliance by Four Mounds with the provisions of the cp2 grant and provides for their direct delivery of the carpentry training services. Four Oaks will continue to be responsible for all other obligations of the grant. ACTION STEP The action step for the City Council is to adopt the attached resolution approving the subcontract between Four Oaks and Four Mounds for the Community Partnership (cp2) grant. Prepared by Aggie Tauke, Community Development Specialist F:\Users'~ATAUKE~CP2~cp2 AgreementsN Oaks subcontract.memo.mYra.doc RESOLUTION NO 505-03 RESOLUTION AUTHORIZING FOUR OAKS INC TO SUBCONTRACT WITH THE FOUR MOUNDS FOUNDATION FOR THE HOUSING EDUCATION AND REHABILITATION TRAINING PROGRAM (HEART) COMMUNITY PARTNERSHIP PROGRAM (cp2) GRANT. Whereas, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant (CDBG) funds; and Whereas, A Community Partnership (cp2) grant was awarded to Four Oaks, Inc. in the amount of $38,000 by the City of Dubuque on May 19 2003 by Resolution 181-2003; and Whereas, Four Oaks, Inc. has selected to enter into a subcontract with the Four Mounds Foundation after a fair and open competition for the direct delivery of carpentry trades training services under the cp2 grant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the City Council hereby authorizes Four Oaks Inc to award a subcontract to the Four Mounds Foundation for delivery of services for the Housing Education and Rehabilitation Training Program (HEART) Community Partnership (cp2) grant. Passed, approved and adopted this 15th day of December, 2003 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk SUBCONTRACT FOR PERFORMANCE OF SERVICES THIS SUBCONTRACT (the "Subcontract") is entered into effective September 1, 2003 (the "Effective Date") by and between FOUR OAKS, INC., OF IOWA ("FOUR OAKS") and FOUR MOUNDS FOUNDATION ("FOUR MOUNDS"), both of which are Iowa non-profit corporations, WITNESSETH: RECITATIONS FOUR OAKS and FOUR MOUNDS are non-profit, tax exempt organizations providing human care services for children and families, each performing such services in the City of Dubuque, Iowa. FOUR OAKS has entered into a Community Pa~h~ership (CP2) Grant Agreement dated July 1, 2003 (the "Agreement") with the City of Dubuque, Iowa (the "Grant Recipient") to perform services for the Grant Recipient pursuant to the terms of the Community Development Block Grant Program administered by the United States Depa~ tment of Housing and Urban Development under the Housing Education and Rehabilitation Program (HEART) Program. FOUR OAKS is designated the sub-recipient under the terms of the Agreement. FOUR OAKS desires to collaborate with FOUR MOUNDS in perfoxudng services under the Agreement pursuant to the HEART Program, and to subcontract its entire responsibility to provide for the direct delivery of services tmd~ the Agreement to FOUR IvIOUNDS, while retainkng responsibility for all other obligations of the sub-recipient under the Agreement except those delegated to FOUR MOUNDS. FOUR MOUNDS desires to collaborate with FOUR O.a~KS in said Program, and as a subcontractor of FOUR OAKS to perform all of the direct delivery of service responsibilities of FOUR O.A_KS as sub-recipient under the Agreement by providing carpentry trades training services in the City of Dubuque, Iowa, as a component of the human services programs of FOUR OAKS and under the HEART Program. The parties have reached certain agreements and understandings on the terms under which FOUR OAKS will subcontract to FOUR MOUNDS its direct delivery of service responsibilities under the Agreement and the manner in which such subcontracted services will be perfoxmed pursuant \\Sil\ voll \ DATA\WORD\Pat\fou~ Oaks\SUBCONTRACT FOR PERFORCE OF SERVtC~-S,doc November 2~, 2003 to the terms of the Agreement, and the parties wish to evidence their agreements and understandings in this Subcontract. NOW, TH~O~, in consideration o£ the premises and the respective covenants, agreements and representations of the parties hereinafter set forth, it is agreed as follows: AGI~F~MENT TO SLrBCO~CT AND PERFORM SERVICES. FOUR OAKS assigns to and subcontracts hereunder with FOUR MOUNDS to perform an direct service delivery responsibilities of FOUR OAKS as sub- recipient under the terms of the Agreement and pursuant to the terms of the Standard Requirements for Community Development Block Grant (CDBG) Agreement (the "Standard Requirements") constituting additional terms of the Agreement. The Agreement, including the Standard Requirements is attached hereto as Exhibit A and by this reference incorporated herein to the extent the Agreement and Standard Requirements establish and define the requirements for the direct delivery of services by the sub-recipient under the Agreement. FOUR MOUNDS hereby agrees to perform each and an of the direct delivery of service responsibilities of FOUR OAKS as sub-recipient under the Agreement, and to perform such services according to each and all of the terms, specifications and conditions established under the Agreement and Standard Requirements relative to the direct delivery of services by the sub-recipient thereunder. Without limiting the generality of the direct delivery of service responsibilities subcontracted and agreed to be performed hereunder, FOUR MOUNDS shall perform the following services: (a) Perfom-, an direct services to be delivered to eligible residents of the City of Dubuque pursuant to the terms of the Agreement as described therein, and in accordance with the Standard Requirements and an related documents constituting part of the Agreement. Provide for the use and benefit of FOUR OAKS all documents, reports, budgets, accounting records and other information concerning the performance of such services under the Agreement as reasonably necessary and required to enable FOUR OAKS to fulfill its reporting and accountability responsibilities as sub- recipient under the Agreement. Perform such services and furnish such materials as required to meet the obligation of FOUR OAKS as sub-recipient in furnishing services and materials as "in kind" contributions without payment or reimbursement under the Agreement of a value equal to twenty- five percent (25%) of the costs of performing the services for which reimbursement will be paid to FOUR MOUNDS hereunder and under the terms of the Agreement. RETAINED OBLIGATIONS OF FOUR OAKS. Except those obligations of the sub-recipient under the Agreement to provide the direct delivery of services to eligible residents of the City of Dubuque, which direct deli,dery of service obligations have been assigned and delegated to FOUR MOUNDS for performance under this Subcontract, FOUR OAKS agrees that it shall perform each and all of the other obligations of the sub~ recipient under the terms of the Agreement. TERM OF SUBCONTRACT. The tm,, of the.subcontract shall be a period not exceeding ten (10) calendar months beginrdng on the Effective Date hereof and terminating not later than June 30, 2004, subje.ct to prior termination as provided under Section 8 hereof. Not less than twenty-five percent (25%) of the services to be performed by FOUR MOUNDS hereunder shall be performed on or before November 30, 2003. REIMBURSEMENT FOR SERVICES. FOUR MOUNDS shall..be reimbursed by FOUR OAKS from funds paid to FOUR OAKS by the Grant Recipient for services performed hereunder and expenses incuxred in the performance of such services in an amount not to exceed $36,000 during the term hereof. Requests for reimbursement shall be submitted by FOUR MOUNDS and paid to such maximum reimbursement amount in the manner and under the terms prescribed in the Agreement, induding the Standard Requirements, and conditioned upon compliance by FOUR MOUNDS with the terms thereof and the terms of this SubcontracL CONDITION PRECEDENT. The rights and obligations of the parties hereunder, and the validity- and e~-fforceability of this Subcontract, are conditioned upon FOUR OAKS receiving the written consent of the Grant Recipient to enter into a subcontract with FOUR MOUNDS for perfoJ~a~ance of the services to be directly delivered under the Agreement, and obtaining the consent of the Grant Recipient to the terms of this Subcontract. Upon the agreement of the parties to the terms of this Subcontract, FOUR OAKS shall promptly request such written consent of the Grant Recipient. 3 REPRESENTATIONS OF THE PARTIES. As an inducement to the other party to enter into this Subcontract, the parties make the following representations to the other: (a) FOUR OAKS represents to FOUR MOUNDS as follows: Subject to satisfaction of the condition precedent established under Section 5 hereof, it has the right and authority to enter into this Subcontract, to assign and subcontract its direct delivery of service responsibilities under the Agreement, and to perform each and all of its obligations hereunder and under the terms of the Agreement. It will perform each and all of the obligations and covenants of the sub-recipient under the Agreement, except the direct delivery of service responsibilities subcontracted to be performed by FOUR MOUNDS hereunder. (b) FOUR MOUNDS represents to FOUR OAKS as follows: It is fially familiar with the terms of the Agreement, the Standard Requirements, and other documents related to or constituting a part of the Agreement including the Project Description, Measurable Outcomes and Total Project Budget, as well as with the nature and scope of services to be performed and clientele to be served under the Agreement, and that it will comply with all requirements and conditions applicable to the performance of services under the Agreement, the Standard Requirements and each and all of said related documents. It has the personnel, materials, training, expertise and experience required to perform the services to be performed under this Subcontract, and under the Agreement, Standard Requirements and other related documents. It will devote sufficient time and attention to the performance of services to meet each and all of its obligations hereunder. It will fulfill all documentation and reporting requirements under the Agreement, including submission of written reports to FOUR OAKS and/or to the Grant Recipient detailing services performed hereunder on a quarterly basis not later than the 15~a day of the month of October, 2003 and the months of January, April and July, 2004. In addition to, and not in limitation of, the other covenants and representations hereunder, FOUR MOUNDS specificany represents and acknowledges that it will fully comply with the following terms of the Standard Requirements: (1) Paragraph A (Civil Rights) and B (Affirmative Action) of Paragraph IV; The re~luirements of the "Section 3" Clause of the Agreement which, in accordance with the requirements of the Agreement is set forth as follows: Compliance Compliance with the provisions of Section 3 of 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 Sub- recipient and any sub-Sub-recipient: Failure to ~1fiI1 these requirements shall subject the Recipient, the Sub-recipient and any sub-Sub-recipients, their successc~rs and assigns, to those sanctions specified by the Agreement dough x~+~ich federal assistance is provided. Sub-recipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. The Sub-recipient 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 to be performed u_oder 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 opporttmities 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 Sub-recipient certifies and agrees that no contractual or other disability exists which would prevent compliance with the requirements. Notifications Sub-recipient 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 workers' 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." That it will maintain all books, records and other documents, subject to the right of inspection by the United States Government, pertinent to expenditures incurred under this Subcontract for a period of five (5) years after termination of its performance of services heretmder, and will ,maintain books, records and other documents directly relating to the receipt and disbursement of reimbursements hereunder for a period of not less than three (3) years following termination of this Subcontract. RELATIONSHIP OF THE PARTIES. All services to be performed by FOUR MOUNDS hereunder shall be performed as an independent contractor, and neither the performance of such services nor any term hereof shall create a relationship of employment of the parties, nor a relationship of employment between FOUR OAKS and any employee, agent or representative of FOUR MOUNDS performing services hereunder. The relationship of the parties to this Subcontract is and all Panes shall remain that of independent coni~actors. TIais Subcontract shall not create or result in the creation of a partnership between the parties, or 6 o the relationship of agency or a business relationship of any sort between the parties other than that of independent contractors. FOUR MOUNDS shall at all times be solely responsible for the payment of all compensation, the provision of benefits, if applicable, and the withholding and deposit of employee taxes [or its employees performing services hereunder. TERMINATION. Notwithstanding any other term or provision hereof, this Subcontract may be terminated in any of the following manners and upon occurrence of any of the following events: By either party upon ten (10) days written notice to the other in the event the condition precedent established under Section 4 hereof is not satisfied wifffin a reasonable period of time following execution of the Subcontract by the parties; By either party upon ten (10) days written notice to the other in the event the Agreement is termirmted for any' reason at any time during the texm hereof, or in the event the Grant Recipient fails to perform any matvxial obligation or covenant thereunder; or By FOUR OAKS in the event of the failure of FOUR MOUNDS to cure any default in the perfomxance of its obligations hereunder within twenty (20) days of receipt of written notice &om FOUR OAKS of the material failure of FOUR MOUNDS to perform services required to be performed hereunder in accordance with terms and conditions hereof and those of the Agreement, Standard Requirements and related documents, or the material breach by FOUR MOI_VN~DS of any representation or covenant hereunder or under the terms of the Agreement, Standard Requirements and related documents. ~2qDEMNITY. FOUR MOUNDS hereby agrees to indemnify and hold FOUR OAKS harmless against any damages, claim, judgment or liability, including the reasonable cost of defending such claim, asserted against FOUR OAKS solely on account of its capacity as sub-recipient under the Agreement and resulting from and arising out of any action of FOUR MOUNDS, or failure to act by FOUR MOUNDS, in the perfomLance of services hereunder and the fulfillment of each and ail of its obligations hereunder and under the Agreement according to the terms hereof and the terms of the Agreement. 7 10. ASSIGNMENT. The rights and obligations established under this Subcontract are personal to the parties, and neither party may assign its rights or obligations under this Subcontract without the prior written consent of the other. 11. MISCELLANEOUS. This Subcontract supercedes any and all prior statements, negotiations, tmderstandings, requests for proposal or agreements, whether written or oral, that may have been entered into by the parties relating to the direct delivery of services under the Agreement to be performed by FOUR MOUNDS hereunder. This Subcontract constitutes the enffre agreement by and among the parties as to the subject matter hereof, and there are no other agreements or commitments between or among the parties concerning the subject matter hereof, except as expressly set forth or incorporated herein. This Subcontract, and any term or condition hereof, may be amended, modified, supplemented or cancelled by the parties hereto at any time, but only by an instrttment in writing duly executed by the paxties. This Subcontract shall be binding upon an inure to the benefit of the parties hereto, their permitted assigns and respective successors in interest. This Subcontract and the resulting legal relationship among the parties hereunder shall be governed by and construed in accordance with the laws of the State of Iowa. IN WITNESS WHEREOF, the parties to this Subcontract, with full knowledge of its contents and intending to be legally bound thereby, have cansed it to be executed by them and to be effective on the Effective Date stated herein. FOUR OAKS, INC_ OF IOWA FOUR MOUNDS FOUNDATION By: By: 8