Purch of Service Project Concer
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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 with Project Concern, Inc. -
Information and Referral and Child Care Referral
The ad oped Fiscal Year 2005 operating budget providee payment of $24,339 to Project
Concern, Inc., for the Information and Referral Program plus a payment of $8,576 for
the Child Care Referral Program for childcare resource and referral services to low- and
moderate-income residents.
Budget Director Dawn Lang is recommending execution of the attached contract with
Project Concern, Inc. to help provide financial counseling and medical services
information and referral services, and child care resource and referral services to low-
and moderate-income residents of the City of Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
AJJ ~ f7t/Æ ~
Michael C. Van Milligen
MCVM/ksf
Attachment
cc:
Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Dawn Lang, Budget Director
David Harris, Housing & Community Development Director
~i ': : : ¡ Hj1 ¡::.: 1m¡ fiG
D~
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MEMORANDUM
March 31,2004
TO:
Michael C. Van Milligen, City Manager
FROM:
Dawn Lang, Budge Director
SUBJECT: Purchase of Services Agreement - Project Concern, Inc. -
Information and Referral and Child Care Referral
Attached for City Council approval is the Purchase of Service Agreement with Project
Concern, Inc. Information and Referral and Child Care Referral for the City's financial
support during the current fiscal year.
The adopted Fiscal Year 2005 operating budget provides for the payment of $24,339,
for the Information and Referral Program. This program provides financial counseling
and medical services information and referral services to low and moderate income
residents of the City of Dubuque. A payment of $8,576 for the Child Care Referral
Program provides for childcare resource and referral services to low- and moderate-
income residents.
It is my recommendation that the City Council approve the attached purchase of service
agreement with Project Concern, Inc., for the Information and Referral Program and the
Child Care Referral Program, and authorize the Mayor to execute the contract on behalf
of the City.
DUksf
Attachment
CITY OF DUBUQUE, IOWA
AND
Project Concern
PURCHASE OF SERVICE AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Information and Referral
Child Care Resource and Referral
This PURCHASE OF SERVICE AGREEMENT dated as of the 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 Project Concern, with its principal place of business in Dubuque,
Iowa (hereinafter referred to as the "Subrecipient").
Whereas, the Recipient is a participating city in the Community Development
Block Grant Program of the United States Department of Housing and Urban
Development; and
Whereas, the Recipient wishes to engage the Subrecipient to assist the City of
Dubuque in utilizing such funds.
NOW THEREFORE, in consideration of the premises and respective covenants,
agreements and representations hereinafter set forth, the parties agree as follows:
I.
SCOPE OF SERVICESICONTRACT TERMS
A.
Informational and Referral. The Subrecipient shall provide financial
counseling and medical services information and referral services to low
and moderate income residents of the City of Dubuque. In this regard, the
terms of this agreement it shall:
1. Maintain current local information available on financial programs for
low or moderate-income persons.
2. Assess client's financial needs to determine appropriate referral.
3. When appropriate, complete client intake, determine eligibility, and write
narrative on current financial crisis.
4. Refer client to appropriate financial sources.
5. Serve as advocate for clients needing additional assistance.
6. Keep current information available on local medical programs for low or
moderate-income persons.
7. To assess clients' medical needs to determine income eligibility.
8. To refer eligible clients to appropriate service or professionals.
9. To research alternatives in the event first referrals do not meet client
needs.
Cost Not to Exceed: $24,339
B. Child Care Resource and Referral Services. Sub recipient shall
provide child care resource and referral services to tow and moderate-
income residents of the City of Dubuque. In this regard for the term of this
agreement it shall:
1. Identify all childcare services and maintain a regularly updated resource
file of all such services.
2. Target low and moderate-income families as consumers of CCR&R
services through special marketing efforts, classes and publications
aimed at educating about the availability of childcare services in
Dubuque.
3. Actively maintain a resource and referral process, which responds to
parental need for information and support, promotes maximum parental
choices, documents and tabulates data pertaining to parent requests
and respects the confidentiality of families and providers.
4. Provide information and technical assistance to existing and prospective
providers to increase the variety, quantity, and quality of childcare in
Dubuque. Expand childcare provider database, targeting providers of
infant care, evening and flexible schedule care.
Cost Not to Exceed: $8,576
II.
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:
III.
IV.
v.
VI.
570.208(a)(2) Activities benefiting low and moderate income persons.
Benefit a limited clientele at least 51 percent ofwhö are low or moderate-
income persons. Requires information on family size, household income,
ethnic origin and female head of household
PROJECT BUDGET
The total compensation to be paid to the Subrecipient by the Recipient for
the services shall in no event exceeds the sum of $32,915 for the program
as described approved.
Any indirect costs charged must be consistent with the conditions of
Section II (C)(3) of the 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.
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.
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.
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. 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's 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 of the month in October, January, April and July.
The subrecipient shall be subject to at least one site visit by personnel of
Recipient, or a designee of Recipient or duly authorized officials of federal
government, for the purpose of monitoring the Sub recipient'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:
Stephen Jacobs
Project Concern
3505 Stoneman Rd., Suite #5
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
Jeanne F. Schneider, City Clerk
Terrance M Duggan, Mayor
Date
Date
Project Concem
Stephen Jacob, Executive Directory
Date
II.
III.
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
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"'............................................................h....h........h............................4
Procurement .......... h............................................ h............................................ .....h.................. 4
1. Compliance......h......h.h...................................................................................................4
2. OMS Standards ...............................................................................................................4
3. Travel.......................................h......................................................................................4
B.
C.
D.
RELOCATION, ACQUISITION AND DISPLACEMENT ...............................................................h......4
PERSONNEL AND PARTICIPANT CONOITIONS.h............................................h.............................. 4
A. Civil Rights...........h.....................................................h............................................h.h..............4
1. Compliance.............h.....................................................h..............................................h4
2. Nondiscrimination. """"""""""""""""'.......................................................h........"""'" 5
3. Section 504.................................................................................h...................................5
Affirmative Action ....................................................h"h""""",'""""""""......h.......................... 5
1. Approved Plan ........................................................................................................h..h... 5
2. W/MBE.....................................................................................................................h......5
3. Access to Records...........................................................................................................5
4. NotiflCations..............................h.h....................................................h.....h...................... 5
5. EEO/AA Statement........................................................................."""..................hh..... 5
6. Subcontract Provisions...................................................................h...............................5
Employment Restriclions"'h""""""""""""""""""""""""""""""""""""""""""""h............. 5
B.
C.
1.
2.
3.
4.
D.
Prohibited Actìvity.............................................................................................................5
OSHA...............................................................................................................................6
labor Standards .............................................................................................................. 6
"Section 3" Clause...........................................................................................................6
a. Compliance """""""""""""""""""""""""""""""""""""""'".........................6
b. Notifications .......................................................................................................... 6
c. Subcontracts.........................................................................................................6
Conduct.......................................................................................................................................7
1. Assignabüily ..................................................................................................................... 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
5.
V.
ENVIRONMENTAL CONDITIONS ........................................................................................................ 8
A. Air and Water .............................................................................................................................. 8
B. Lead Based PainL.................................................,...................................................................8
C. Historic Preservation ................................................................................................................... 8
ü
I.
II.
III.
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 Princíples.................................................................................................................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. OMBStandards...............................................................................................................4
3. Travel...............................................................................................................................4
B.
C.
D.
RELOCATION, ACQUISITION AND DISPLACEMENT .......................................................................4
PERSONNEL AND PARTICIPANT CONDITIONS............................................................................... 4
A. Civil Rights...................................................................................................................................4
1. Compliance......................................................................................................................4
2. Nondiscrimination. ...........................................................................................................5
3. Section 504 .......,.............................................................................................................. 5
Affirmative Action """"""""""""""""""""""""""""""""""""""""........................................5
1. Approved Plan """"""""""""""""""""""""""""""""""""""""""...........................0.5
2. WIMBE.............................................................................................................................5
3. Access to Records...........................................................................................................5
4. NotiflCéltions......................................................................................................................5
5. EEO/M Statement..............................................................................."......................." 5
6. Subcontract Provisions.................................................................................................... 5
Employment Restrictions............................................................................................................ 5
B.
C.
D.
Prohibited Aclívity............................................................................................................. 5
OSHA...............................................................................................................................6
Labor Standards.............................................................................................................. 6
"Section 3"Clause........................................................................................................... 6
a. Compliance ..........................................................................................................6
b. NotifICations .......................................................................................................... 6
c. .Subcontracts........................................................................................................ 6
Conduct.......................................................................................................................................7
1. AssignabHity ..................................................................................................................... 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
5.
1.
2.
3.
4.
V.
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 Titie 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.
II.
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 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 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.
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 govemmental or quasi-
governmental agency, the applicable sections of 24 CFR Part 85, "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments1 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'
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 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
2
C.
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.
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 Subrecipienfs responsibilities with respect to
services provided under this contract, is prohibited by law unless written consent is
obtained from such person receMng 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.
National Objectives
The Subrecipient agrees to maintain documentation that demonstrates that the actMties
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.
6.
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, unsþent 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 eJCal11ine 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.
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. W~h 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
3
D.
3.
reserves the right to liquidate funds available under this contract for costs incurred by the
Recipient on behalf of the Subrecipient.
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 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-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.
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.
3.
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, nonprofrt 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 otTitle I of the Housing and Community Development Act of
1974, as amended (42 U.$.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 Ord~r 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.
NondiscrÙTl ination.
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,
4
B.
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 nondiscrim ination
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.
Affirmative Action
1. Approved Plan
The Subrecipient agrees that it 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 subm it a plan for an Affirmative Action Program
for approval prior to the award of funds.
C.
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 flfty-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, H U D 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 Subrecipienfs commitments hereunder, and shall post copies in
conspicuous places available to employees and applicants for employment.
5.
EEO/AA Statement
The Sub recipient 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.
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.
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2.
OSHA
Where employees are engaged in activities not covered under the Occupational Safety
and Health Aot 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 Ac~ 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 constructiön 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 contrac~ 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 contrac~ shall be a condition of the federal financial assistance provided
under this contract and binding upon the Recipien~ the Subrecipient and any
subSubrecipients. Failure to fulfill these requirements shall subject the Recipien~
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 thatto 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
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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 flllancial 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 actMtíes
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 receMng funds under the CDBG Entitlement
program.
4.
Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
indMdual 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
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V.
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
peñormance 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, etseq., 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 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 avaßability 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 Development's estimated
median jàmily 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 for 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 Jannary 2004 fur the Dubuque Metropolitan Area are as follows:
Maximum Annnal Income
Family Size 30% Median Very Low Low
$0 - $1l,850 $11,851 - $19,800 $19,801-$31,650
2 $0 - $13,550 $13,551 - $22,600 $22,601-$36,150
3 $0 - $15,250 $15,251 - $25,450 $25,451-$40,700
4 $0 - $16,950 $16,951- $28,250 $28,251-$45,200
$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
F:\UsersIAT AUKE\CDBGICDBG ContractslProject Conceml)5 Project Concern Child Refi:na¡ agnntdoc
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