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.
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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
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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.
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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:
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