Purch of Services St Stephens F
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MEMORANDUM
March 31, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Purchase of Service Agreement - S1. Stephens Food Bank
The adopted Fiscal Year 2005 operating budget provides for the payment of $500 to S1.
Stephen's Food Bank Deer Management Food Program, which enables the agency to
provide processed deer meat from the Urban Deer Management program to low- and
moderate-income persons.
Housing and Community Development Manager David Harris is recommending
execution of the attached Purchase of Service Agreement with S1. Stephen's Food
Bank allowing for City Community Development Block Grant (CDBG) funding for the
Urban Deer Management program.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~~~,~
Michael C. Van Milligen
MCMV/ksf
Attachments
CC:
Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Dawn Lang, Budge Director
David Harris, Housing and Community Development Director
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MEMORANDUM
March 18, 2004
FROM:
Micha~\f Van Milligen, City Manager
David ~1ns, Housing and Community Development Department
TO:
SUBJECT: Purchase of Service Agreement - S1. Stephens Food Bank
The adopted Fiscal Year 2005 operating budget provides for the payment of $500 to S1.
Stephen's Food Bank.
City Community Development Block Grant (CDBG) funding for the Deer Management
Food Program enables the agency to provide processed deer meat from the Urban
Deer Management program to low- and moderate-income persons.
It is my recommendation that the City Council approve the attached Purchase of
Service Agreement with S1. Stephen's Food Bank and authorize the Mayor to execute
the contract on behalf of the City.
lat
CITY OF DUBUQUE, IOWA
AND
St. Stephens Food Bank
PURCHASE OF SERVICE AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Deer Management Food Program (FY 2005)
This PURCHASE OF SERVICE AGREEMENT dated as ofthe 1st day of July, 2004, 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 (hereinafter referred to as
the "Recipient") and St. Stephens Food Bank, with its principal place of business in
Dubuque, Iowa (hereinafter referred to as the "Subrecipienf').
Whereas, Recipient is a participating city in the Community Development Block
Grant Program of the United States Department of Housing and Urban Development;
and
Whereas, Recipient wishes to engage Subrecipient to assist the Recipient in
utilizing such funds to advance the objectives of Recipient's Annual Plan.
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/CONTRACT TERMS
Subrecipient shall 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 under the Community
Development Block Grant Program: Deer Management Food Program, a
public service program to provide processed deer meat to low and
moderate income persons.
In the event of a conflict between such Sub recipient's scope of services
and the provisions hereto attached, the provision which in the opinion of
the Recipient provides the greatest benefit to Recipient shall prevail.
Failure of Subrecipient to provide any of the services proposed shall be
deemed a material breach of this Agreement.
II.
III.
NATIONAL OBJECTIVE
Subrecipient certifies and maintains documentation that the activities
carried out with funds provided under this Agreement will meet the CDBG
program's National Objectives as stated:
24CFR570.208(a)(2) Activities benefiting low and moderate income
persons. Benefit of such nature and in a location that it is concluded that
the activity's clientele will primarily be low-and moderate-income
persons. Requires information on ethnic origin and female head of
household status for participants served.
PROJECT BUDGET
The total compensation to be paid to the Subrecipient by the Recipient for
the services shall in no event exceed the sum of $500.
Any indirect costs charged must be consistent with the conditions of
Section II (C)(3) of attached Exhibit A, Standard Requirements. In
addition, the Recipient may require a more detailed budget breakdown,
and the Subrecipient shall provide such supplementary budget
information in a timely fashion in the form and content prescribed by the
Recipient. The Recipient and the Subrecipient must approve any
amendments to this budget in writing.
IV.
DATES OF COMMENCEMENT AND COMPLETION:
The services to be provided under this Agreement shall be commenced
on the above stated date and must be completed not later than June 30,
2005. Recipient's right to enforce the terms of this Agreement shall be
extended to cover any additional time during which the Subrecipient
remains in control of CDBG funds or other assets including program
income.
V.
AGREEMENT DOCUMENTS AND PROVISIONS
The Subrecipient will perform or arrange for the provision of services
under this Agreement in the manner and time provided herein and in
accordance with the Community Development Block Grant Program,
including the Standard Requirements in Exhibit A herein attached and a
part of this agreement.
VI.
PAYMENT
A. It is expressly agreed and understood that the total amount to be
paid by the Recipient under this contract shall not exceed the
amount stipulated in Section III of this Agreement. Such amount
will be paid upon written request on the Request for Payment form,
with proof satisfactory to the recipient of expenses for processing
of deer meat for distribution. DraWdowns for payment of eligible
expenses are reimbursement only.
B.
Payment shall be supported by documentation provided by the
Subrecipient of costs incurred for services provided pursuant to
this Agreement.
C.
Payments may be contingent upon certification of the
Subrecipient'$ financial management system in accordance with
the standards specified in OMB Circular A-11 0, the provisions of
which are available in the office of the Recipient.
VII.
REPORTING AND MONITORING.
The Subrecipient shall render to the Recipient a quarterly written report
detailing its activities. Quarterly reports shall be submitted no later than the
15th ofthe month in October, January, April and July.
The sub recipient shall be subject to at least one site visit by personnel of
Recipient, or a designee of Recipient or duly authorized officials of federal
govemment, for the purpose of monitoring the Subrecipient's delivery of
services and compliance with terms of the agreement and federal
standards that pertain to federally funded grant activities. Review may
include accounting books and records for financial management and
documentation of program costs. The reviewers shall have access to and
the right to examine, audit, excerpt and lor transcribe any of Subrecipient's
records pertaining to all matters covered by this Agreement. Subrecipient
shall be subject to subsequent site visits to review correction of any
deficiencies in compliance.
Recipient shall monitor the performance of Subrecipient against goals and
performance standards required herein. Substandard performance as
determined by Recipient shall constitute noncompliance with this
agreement. If action to correct such substandard performance is not taken
by Subrecipient within a reasonable period of time after being notified by
Recipient, contract suspension or termination procedures shall be initiated
VIII.
NOTICES.
Communication and details concerning this contract shall be directed to the
following contract representatives:
Recipient
Aggie Tauke
Community Development Specialist
Housing and Community Development
1805 Central
Dubuque, Iowa 52001
Subrecipient
Attention:
JoAnn Troy
ST Stephens Food Bank
4990 Radford
Dubuque, IA 52002
IN WITNESS WHEREOF, the parties have executed this contract, with the referenced
attachment Exhibit A, as of the date first written above.
Witnessed
City of Dubuque, Iowa
Terrance M Duggan, Mayor
Jeanne F. Schneider, City Clerk
Date
Date
St Stephens Food Bank
JoAnn Troy, Director
Date
II.
III.
N.
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
ADMINISTRATNE REQUIREMENTS...................................................................................................2
A. Financial Management............................................................................. . ............2
1. Accounting Standards......................................................................................................2
2. Cost Principles......................................................................................,........................... 2
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
Reporting and Payment Procedures.......................................................................................... 3
1. Program Income..............................................................................................................3
2. Payment Procedures .......................................................................................................3
3. Indirect Costs.................................................................................................................... 4
4. Progress Reports.............................................................................................................4
Procurement ...............................................................................................................................4
1. Compliance......................................................................................................................4
2. OMB Standards................................................................................................................4
3.. Travel................................................................................................................................4
B.
C.
D.
RELOCATION, ACQUISITION AND DISPLACEMENT ....................................................................... 4
PERSONNEL AND PARTICIPANT CONDITIONS...............................................................................4
A. CMI Rights...................................................................................................................................4
1. Compliance......................................................................................................................4
2. Nondiscrimination.............................................................................................................5
3. Section 504.......................................................................................................................5
Affirmative Action ........................................................................................................................ 5
1. Approved Plan..................................................................................................................5
2. W/MBE..............................................................................................................................5
3. Access to Records ...........................................................................................................5
4. Notifications......................................................................................................................5
B.
v.
C.
5. EEOfAA Statement .......................................................................................................... 5
6. Subcontract Provisions .......................................................................,............................5
Employment Restríctions...............................................................................................,............ 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
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
Religious Organization..................................................................................................... 8
D.
5.
ENVIRONMENTAL CONDITIONS ........................................................................................................8
A. Air and Water ..............................................................................................................................8
B. Lead Based Paint........................................................................................................................8
C. Historic Preservation ...................................................................................................................8
ii
I.
EXHIBIT A
STANDARD REQUIREMENTS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS
GENERAL CONDITIONS
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 ublize 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 servic:es 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.
F.
The Subrecipient shall comply with the bonding and insurance requirements of OMB Circular A-
110, Bonding and Insurance.
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.
D.
H.
Suspension or Termination
Either party may terminate this contract at any time by gMng written notice to the other party of
such termination and specifying the effective date thereof at least thirty (30) days before the
effective date of such termination. Partial termination of the Scope of Service in Paragraph 1 of the
Agreement may only be undertaken with the prior written approval of Recipient. In the event of any
termination for convenience, all finished or unfinished documents, data, studies, surveys, maps,
models, photographs, reports or other materials prepared by Subrecipient under this Agreement
shall, at the option of the Recipient, become the property of the Recipient, and Subrecipient shall
be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents or material prior to the termination but in no event shall Subrecipient receive more than
the amount specified in Paragraph II.
Recipient may also suspend or terminate this Agreement, in whole or in part, if Subrecipient
materially fails to comply with any term of this Agreement, or with any of the rules, regulations or
provisions referred to herein: and the Recipient may declare the Subrecipient ineligible for any
further participation in Recipient contracts, in addition to other remedies as provided by law. In the
event there is probable cause to believe the Subrecipient is in noncompliance with any applicable
rules or regulations, the Recipient may withhold up to frfteen (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.
ADMINISTRATIVE REQUIREMENTS
A.
Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with OMB Circular A-11 0 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 actMties to be funded under this
Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each actMty undertaken;
b. Records demonstrating that each actMty undertaken meets one of the National
Objectives of the CDBG program'
Records required to determine the eligibility of activities;
Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance,
Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program, and
Financial records as required by 24 CFR Part 570.502, and OMB Circular A-11 O.
Other records necessary to document compliance with Subpart K of 24 CFR 570.
c.
d.
e.
f.
g.
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
2
3.
4.
5.
6.
7.
C.
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 must be retained until completion of the actions and resolution of all issues, or
the expiration of the three-year period, whichever occurs later.
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.
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.
Property Records
The Subrecipient shall maintain property inventory records that clearly identify items
purchased or sold.
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.
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
Recipienfs loan and the final settlement and conclusion of all issues arising out of said loan.
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
3
D.
available in Subrecipient accounts. In addition, the Recipient reserves the right to liquidate
funds available under this contract for costs incurred by the Recipient on behalf of the
Subrecipient.
3.
Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for
determining the appropriate Subrecipient's share of administrative costs and shall submit
such plan to the Recipient for approval, in a form specified by the Recipient.
4.
Progress Reports
The Subrecipient shall submit quarterly Activity Progress Reports to the Recipient.
Procurement
1. Compliance
The Subrecipient shall comply with current Recipient policy concerning the pur~hase 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-11 0, 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, rasolutions and policies concerning
displacement of individuals from their residences.
IV.
PERSONNEL AND PARTICIPANT CONDITIONS
A.
Civil Rights
1. Compliance
The Subrecipient shall com ply 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 Com m unity 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,
4
sex, age or disability or other handicap, maritallfamilial 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
lim~ed to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment
advertising; layoff or termination; rate of payor other forms of compensation; and selection
for training, including apprenticeship. Subrecipient shall post in a conspicuous place,
available to employees and applicants for employment, notices to be provided by Recipient
setting forth the provisions of this nondiscrimination clause.
3.
Section 504
The Subrecipient agrees to comply with any federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706) which
prohibits discrimination against the handicapped in any federally assisted program. The
Recipient shall provide the Subrecipient with any guidelines necessary for compliance with
that portion of the regulations in force during the term of this contract.
B.
Affirmative Action
1.
Approved Plan
The Subrecipient agrees that ~ shall be committed to carry out pursuant to the Recipienfs
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.
WIMBE
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 deflO~ion, "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 ~ 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 Subrecipienfs 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 ~ is an Equal Opportunity or Affirmative Action
employer.
6.
Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X A, CMI 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 prohibtted from using funds provided herein or personnel employed in
the administration of the program for political activities; sectarian, or religious activities;
lobbying, polttical patronage, and nepotism activities.
2.
OSHA
Where employees are engaged in activities not covered under the Occupational Safety and
Health Act of 1970, they shall not be required or permitted to work, be trained, or receive
services in buildings or surroundings or under working conditions which are unsanttary,
hazardous or dangerous to be participants' health or safety.
3.
Labor Standards
The Subrecipient agrees to comply wtth 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 wtth 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 rehabßitation 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 wtth 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
opportuntties for training and employment be given to lower income residents of the
project area and contracts for work in connection wtth 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."
6
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 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 prompliy 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 otTilie 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 wDl 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
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V.
The Sub recipient 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
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).
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) etseq., 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 Sub recipient 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 pñor 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 e¡q:>lain 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 Histoñc Preservation Procedures for Protection of
Histoñc Properties, insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation OffICer fpr all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
incl\lded on a federal, state or local historic property list.
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Exhibit B
CITY OF DUBUQUE, IOWA
INCOME GUIDELINES FOR
FINANCIAL ASSISTANCE
Income limits are defined and occasionally revised by the U.s. Department of Housing and Urban Development's estimated
median fumily income.
A low income person or fumily has a total income which fulls between the fifty (50) percent and eighty (80) percent median fur
the area, adjusted fur size.
A very low income person, fumily, or household has a total income which fulls between thirty (30) and fifty (50) percent of the
median income, adjusted fur size, of the metropolitan area.
A 30% median income person, fumilyor household has a total income which is between 0 and thirty (30) percent of the median
income, adjusted fur size, of the metropolitan area.
The maximum income limits as of January 2004 fur the Dubuque Metropolitan Area are as follows:
Maximum Annual Income
Family Size 30% Median Very Low Low
$0 - $11,850 $11,851- $19,800 $19,801-$31,650
2 $0 - $13,550 $13,551 - $22,600 $22,601-$36,150
$0 - $15,250 $15,251 - $25,450 $25,451-$40,700
4 $0 - $16,950 $16,951 - $28,250 $28,251-$45,200
5 $0 - $18,300 $18,301 - $30,500 $30,501-$48,800
6 $0 - $19,650 $19,651 - $32,750 $32,751-$52,450
7 $0 - $21,000 $21,001 - $35,050 $35,051-$56,050
8 or more $0 - $22,350 $22,351- $37,300 $37,301-$59,650
9