County Extension, ISU, Grant Agree
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MEMORANDUM
May 27, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Grant Agreement with Dubuque County ISU Extension
Leisure Services Manager Gil Spence is recommending City Council approval of the
grant agreement with Dubuque County ISU Extension to conduct recreation programs
as part of the Uptown Recreation Program. The cost of this program is $2,500. The
Uptown Recreation Program uses Community Development Block grant funds to
provide recreation programs that target low and moderate income children.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
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MEMORANDUM
May 25,2005
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence. Leisure Services Managepjf.)
SUBJECT: Grant Agreement with Dubuque County ISU Extension
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the grant
agreement with Dubuque County ISU Extension to conduct recreation programs as part
of the Uptown Recreation Program.
DISCUSSION
The attached grant agreement covers FY 2006, which is the end of the program
planned for the summer of 2005 and the beginning of the 2006 summer (if we decide to
continue this relationship in 2006).
This grant allows Dubuque County ISU Extension to be paid up to $2,500 to provide
recreation programs (see attached sheets) as part of our Uptown Recreation Program.
The Uptown Recreation Program uses Community Development Block Grant funds to
provide recreation programs that target low and moderate income children.
We have had this relationship with the Extension since the Uptown Recreation Program
began, and it has proven very successful for both organizations.
ACTION STEP
The action requested is that the City Council approve the attached grant agreement with
Dubuque County ISU Extension and authorize the City Manager to sign it.
GDS:et
attachment
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CITY OF DUBUQUE IOWA
AND
DUBUQUE COUNTY ISU EXTENSION
GRANT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Recreation Classes
FY 2006
This AGREEMENT dated as of the 6th day of June, 2005, 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 "City") and the Dubuque County
ISU Extension, with its principal place of business in Dubuque, Iowa, (hereinafter referred
to as the "Extension").
WITNESSETH:
Whereas, the City is a participating city in the Community Development Block Grant
Program of the United States Department of Housing and Urban Development; and
Whereas, the City wishes to engage the Extension 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 SERVICES/CONTRACT TERMS
A. Extension shall provide the following services to eligible residents of the City of
Dubuque in a manner satisfactory to the City and consistent with any standards
required as a condition of providing these funds. Such program will include the
following activities eligible under the Community Development Block Grant
Program:
To plan, organize and conduct recreation programs for low/moderate
income youth.
These activities are in accordance with specifications as required by the Leisure
Services Department of the City. In the event of a conflict between such
applicant's proposals and the provisions herein, that provision which in the
opinion of the City provides the greatest benefit to the City shall prevail. Failure
of the Extension to provide any of the services proposed shall be deemed a
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material breach of this Agreement.
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:
570.208(a)(2) Activities benefiting low and moderate income persons.
Benefit a limited clientele at least 51 percent of who are low or moderate-
income persons. Requires information on family size, household income,
ethnic origin and female head of household
III. 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 $2,500.00 for the
program as described approved.
The costs of the program will be incurred by the Extension for personnel,
rental, supplies and all costs related to the implementation of this program
as agreed to by the City's Leisure Services Department.
Any indirect costs charged must be consistent with the conditions of
Section /I (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.
IV. DATES OF COMMENCEMENT AND COMPLETION:
The services to be provided under this Agreement shall be commenced
on July 1, 2005 and must be completed not later than June 30, 2006.
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
City under this contract shall not exceed $2,500.00, unless amended.
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B. The Extension is to be paid upon submission of documentation by the Extension
of costs incurred for services at the time of payment pursuant to this
Agreement.
C. Payments may be contingent upon certification of the Extension'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. NOTICES.
Communication and details concerning this contract shall be directed to the
following contract representatives:
CITY
Gil D. Spence
Leisure Services Department
2200 Bunker Hill Road
DUBUQUE COUNTY ISU EXTENSION
Nancy Everman
Dubuque County ISU Extension
Suite 2, 14858 West Ridge Lane
Dubuque, Iowa 52003
VIII. REPORTING AND MONITORING.
The Subrecipient shall provide a measurable performance outcome for the
funded activity. The outcomes should reflect how the activity will benefit or
change the participants. Outcomes may relate to behavior, skills,
knowledge, attitudes, values, conditions or other attributes.
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 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/or transcribe any of Subrecipient's records
pertaining to all matters covered by this Agreement. Sub recipient 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 procedure shall be initiated.
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IN WITNESS WHEREOF, the parties have executed this contract as of June 6,2005 with
the referenced Exhibit A and Attachment A.
CITY OF DUBUQUE
DUBUQUE COUNTY ISU EXTENSION
Michael C. Van Milligen
City Manager
~Eil~
Na cy Evan
Edu tion Director
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EXHIBIT A
TABLE OF CONTENTS
I. GENERAL CONDITIONS........... ................. .......... ............ ......................... ... .........
A. General Compliance............. .............. .... .............. ...... ...................................
B. Independent Contractor ..... ... .... .......... .... ... ... ..... ... ... ................. ... '" ...... .........
C. Hold Harmless.............. ........ ..................... ...... ..... ... ....................... ... ............
D. Workers' Compensation........ .............. ...... ......... ...... ................. ...... ... ... .........
E. I nsurance and Bonding..................................................................................
F. Grantor Recognition.............. .... ..... ........ ...... ............ .................... ... ..... ..........
G. Amendments..................................................................................................
H. Suspension or Termination............................................................................
II. ADMINISTRATIVE REQUiREMENTS....................................................................
A. Financial Management...................................................................................
1. Accounting Standards.............. .............................................................
2. Cost Principles......................... .................................. ...........................
B. Documentation and Recordkeeping................................... ............................
1. Records to be Maintained .....................................................................
2. Retention...............................................................................................
3. Client Data....... .............................................................................. .......
4. Disclosure.............................................................................................
5. Property Records.................. ................................................................
6. National Objectives...............................................................................
7. Closeouts..............................................................................................
8. Maintenance of Records and Right to Inspect. .....................................
C. Reporting and Payment Procedures..............................................................
1. Program Income........................................................... ........................
2. Payment Procedures ............................................................................
3. Indirect Costs........................... ............................. ................................
4. Progress Reports..................... .............................................................
D. Procurement..................................................................................................
1. Compliance................................................................ ........... ......... .......
2. OMB Standards......................................................... .............. .............
3. Travel.................................. .................................................. ....... ... ......
III. RELOCATION, ACQUISITION AND DiSPLACEMENT..........................................
IV. PERSONNEL AND PARTICIPANT CONDITIONS .................................................
A. Civil Rights............................. ................................ ...................... ..................
1. Compliance................. ......................................... .................................
2. Nondiscrimination. ................................................. ... .................... ........
3. Section 504....... ........................ .... ........................................................
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B. Affi rmative Action...........................................................................................
1. Approved Plan......................................................................................
2. W/MBE..... ....... ...... ..................... ................................... ........................
3. Access to Records................................................................................
4. Notifications..........................................................................................
5. EEO/AA Statement.... ........................... ................................................
6. Subcontract Provisions.........................................................................
C. Employment Restrictions.. ........... ........ ........... ... ............... ... ... ... ... ... ... ...... .....
1. Prohibited Activity.................................................................................
2. OSHA........ ............................................................................................
3. Labor Standards ...................................................................................
4. "Section 3" Clause................................................................................
a. Compliance..................................................................................
b. Notifications.................................................................................
c. Subcontracts................................................................................
D. Cond uct .........................................................................................................
1. Assignability..........................................................................................
2. Hatch Act..............................................................................................
3. Conflict of Interest.... ... ..... ... ........ ..........................................................
4. Subcontracts.........................................................................................
a. Approvals.....................................................................................
b. Monitoring ....................................................................................
Content.................................................... ....................................
d. Selection Process........................................................................
5. Religious Organization............ ................... .......... ............... ....... ...........
V.
ENVIRONMENTAL CONDITIONS.........................................................................
A. Air and Water...................................................... ...........................................
B. Lead Based Paint............................................... .......... ................... ..............
C. Historic Preservation.............................................................. ........................
EXHIBIT A
STANDARD REQUIREMENTS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS
I. 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 utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available. The Subrecipient
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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 Sub recipient'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
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signed by both Recipient and Subrecipient.
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.
II. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with OMB Circular A-110 and agrees to
adhere to the accounting principles and procedures required therein, utilize
adequate and effective internal financial controls, and maintain necessary
source documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB
Circular A-122, "Cost Principles for Nonprofit Organizations" or A-21 , "Cost
Principles for Educational Institutions" as applicable; [and if the
Subrecipient is a governmental or quasi-governmental agency, the
applicable sections of 24 CFR Part 85, "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments"] for all costs incurred whether charged on a direct or indirect
basis.
B. Documentation and Record Keeping
1. Records to be Maintained
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The Subrecipient shall maintain all records required by the federal
regulations specified in 24 CFR Part 570.506, and that are pertinent to the
activities to be funded under this Agreement. Such records shall include
but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program'
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance,
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program, and
f. Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-11 O.
g. Other records necessary to document compliance with Subpart K of
24 CFR 570.
2. Retention
The Subrecipient shall retain all records pertinent to expenditures incurred
under this contract for a period of five (5) years after the termination of all
activities funded under this Agreement. Records for non-expendable
property acquired with funds under this contract shall be retained for five
(5) 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.
3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility
for services provided. Such data shall include, but not be limited to client
name, address, income level or other basis for determining eligibility, and
description of services provided. Such information shall be made available
to Recipient monitors or their designees for review upon request.
4. Disclosure
The Subrecipient understands that client information collected under this
contract is private and the use or disclosure of such information, when not
directly connected with the administration of the Recipient's or
Subrecipient's responsibilities with respect to services provided under this
contract, is prohibited by law unless written consent is obtained from such
person receiving service and, in the case of a minor, that of a responsible
parent/guard ian.
5. Property Records
The Subrecipient shall maintain real property inventory records that clearly
identify properties purchased, improved or sold. Properties retained shall
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continue to meet eligibility criteria and shall conform to the "changes in
use" restrictions specified in 24 CFR Part 570.503(b)(8).
6. National Objectives
The Subrecipient agrees to maintain documentation that demonstrates that
the activities carried out with funds provided under this contract meet one
or more of the CDBG program's national objectives - (1) benefit
low/moderate income persons, (2) aid in the prevention or elimination of
slum or blights, and (3) meet community development needs having a
particular urgency - as defined in 24 CFR Part 570.208.
7. Closeouts
Subrecipient obligation to the Recipient shall not end until all closeout
requirements are completed. Activities during this closeout period shall
include, but are not limited to, making final payments, disposing of program
assets (including the return of all unused materials, equipment, unspent
cash advances, program income balances, and receivable accounts to the
Recipient, and determining the custodianship of records).
8. Maintenance of Records and Right to Inspect.
Subrecipient will keep and maintain books, records and other documents
relating directly to the receipt and disbursement of loan funds and job
creation for a period of three years; and any duly authorized independent
accounting representative of Recipient, or the Comptroller General of the
United States, shall at all reasonable times have access to and the right to
inspect, copy, audit and examine all such books and other documents of
Sub recipient pertaining to the project until the completion of all closeout
procedures respecting Recipient's loan and the final settlement and
conclusion of all issues arising out of said loan.
C. Reporting and Payment Procedures
1. Program Income
Except as specified below, Subrecipient will pay to Recipient all program
income earned prior to or received following termination of this Agreement.
Program income may be retained by Subrecipient if utilized for qualifying
project expenses.
2. Payment Procedures
The Recipient will pay to the Subrecipient funds available under this
contract based upon information submitted by the Subrecipient and
consistent with any approved budget and Recipient policy concerning
payments. With the exception of certain advances, payments will be made
for eligible expenses actually incurred by the Sub recipient. Payments will
be adjusted by the Recipient in accordance with advance fund and
program income balances available in Subrecipient accounts. In addition,
the Recipient reserves the right to liquidate funds available under this
contract for costs incurred by the Recipient on behalf of the Subrecipient.
3. Indirect Costs
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If indirect costs are charged, the Subrecipient will develop an indirect cost
allocation plan for determining the appropriate Subrecipient's share of
administrative costs and shall submit such plan to the Recipient for
approval, in a form specified by the Recipient.
4. Progress Reports
The Subrecipient shall submit quarterly Activity Progress Reports to the
Recipient.
D. Procurement
1. Compliance
The Subrecipient shall comply with current Recipient policy concerning the
purchase of equipment and shall maintain inventory records of all
nonexpendable personal property as defined by such policy as may be
procured with funds provided herein. All program assets (unexpended
program income, property, equipment, etc.) shall revert to the Recipient
upon termination of this Agreement unless addressed under another
agreement as provided or continued for use for CDBG eligible activities.
2. OMB Standards
The Subrecipient shall procure materials in accordance with the
requirements of Attachment 0 of OMB Circular A-110, Procurement
Standards and shall subsequently follow Attachment N, Property
Management Standards, as modified by 24 CFR.502 (b)(6) covering
utilization and disposal of property.
3. Travel
The Subrecipient shall obtain written approval from the Recipient for any
travel outside the metropolitan area to be paid for with funds provided
under this contract.
III. RELOCATION, ACQUISITION AND DISPLACEMENT
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the
acquisition and disposition of all real property utilizing grant funds, and to
the displacement of persons, families, individuals, businesses, nonprofit
organizations and farms occurring as a direct result of any acquisition of
real property utilizing grant funds. The Subrecipient agrees to comply with
applicable Recipient ordinances, resolutions and policies concerning
displacement of individuals from their residences.
IV. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient shall comply with all federal regulations in effect as of the
date of this Agreement as they apply to federally assisted programs and
activities of the Department of Housing and Urban Development including,
but not limited to Title VI of the Civil Right Act of 1964 as amended, Title
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VIII of the Civil Rights Act of 1968 as amended, Section 104 (b) and
Section 109 of Title I of the Housing and Community Development Act of
1974, as amended (42 U.S.C. 5309) Section 504 of the Rehabilitation Act
of 1973, as amended (29 U.S.C. 794), the Americans with Disabilities Act
of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and
with Executive Order 11246 as amended by Executive Orders 11375 and
12086. Recipient shall furnish, upon written request of the Subrecipient,
copies of said regulations as provided by the Department of Housing and
Urban Development.
2. Nondiscrimination.
In carrying out the project, Subrecipient shall not discriminate against any
employee or applicant for employment because of race, color, creed,
religion, ancestry, national origin, sex, age or disability or other handicap,
marital/familial status, or status with regard to public assistance. The
Subrecipient will take affirmative action to insure that all employment
practices are free from such discrimination. Such employment practices
include, but not be limited to, the following: hiring, upgrading, demotion,
transfer; recruitment or recruitment advertising; layoff or termination; rate of
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 it shall be committed to carry out pursuant to
the Recipient's specifications an Affirmative Action Program in keeping with
the principles as provided in President's Executive Order 11246 of
September 24, 1965. The Recipient shall provide Affirmative Action
guidelines to the Subrecipient to assist in the formation of such program.
The Subrecipient shall submit a plan for an Affirmative Action Program for
approval prior to the award of funds.
2. W/MBE
The Subrecipient will use its best efforts to afford minority and women
owned business enterprises the maximum practicable opportunity to
participate in the performance of this contract. As used in this contract, the
term "minority and female business enterprise" means a business at least
fifty-one (51) percent owned and controlled by minority group members or
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women. For the purpose of this definition, "minority group members" are
African Americans, Spanish speaking, Spanish surnamed or Spanish
heritage Americans, Asian Americans and American Indians. The
Subrecipient may rely on written representations by Subrecipients
regarding their status as minority and female business enterprises in lieu of
an independent investigation.
3. Access to Records
The Subrecipient shall furnish and cause each of its own subrecipients or
subcontractors to furnish all information and reports required hereunder
and will permit access to its books, records and accounts by the Recipient,
HUD or its agent, or other authorized Federal officials for purposes of
investigation to ascertain compliance with the rules, regulations and
provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer,
advising the labor union or worker's representative of the Subrecipient's
commitments hereunder, and shall post copies in conspicuous places
available to employees and applicants for employment.
5. EEO/AA Statement
The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that it is an Equal
Opportunity or Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X A, Civil
Rights, and B, Affirmative Action, in every subcontract or purchase order,
specifically or by reference, so that such provisions will be binding upon
each Subrecipient or vendor.
C. Employment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or
personnel employed in the administration of the program for political
activities; sectarian, or religious activities; lobbying, political patronage, and
nepotism activities.
2. OSHA
Where employees are engaged in activities not covered under the
Occu'pational Safety and Health Act of 1970, they shall not be required or
permitted to work, be trained, or receive services in buildings or
surroundings or under working conditions which are unsanitary, hazardous
or dangerous to be participants' health or safety.
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3. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary
of the Labor in accordance with the Davis-Bacon Act as amended, the
provisions of Contract Work Hours, the Safety Standards Act, the
Copeland "Anti-Kickback" Act (40 U.S.C. 276,327-333) and all other
applicable federal, state and local laws and regulations pertaining to labor
standards insofar as those acts apply to the performance of this contract.
The Subrecipient shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part. Such
documentation shall be made available to the Recipient for review upon
req uest.
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less
than eight (8) households, all contractors engaged under contracts in
excess of $2,000 for construction, renovation or repair of any building or
work financed in whole or in part with assistance provided under this
contract, shall comply with federal requirements adopted by the Recipient
pertaining to such contracts and with the applicable requirements of the
regulations of the Department of Labor, under 29 CFR, Parts 3, 1, 5 and 7
governing the payment of wages and ratio of apprentices and trainees to
journeymen; provided, that if wage rates higher than those required under
the regulations are imposed by state or local law, nothing hereunder is
intended to relieve the Subrecipient of its obligation, if any, to require
payment of the higher wage. The Subrecipient shall cause or require to be
inserted in full, in all such contracts subject to such regulations, provisions
meeting the requirements of this paragraph.
4. "Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR 135, and all applicable rules and orders issued hereunder
prior to the execution of this contract, shall be a condition of the
federal financial assistance provided under this contract and binding
upon the Recipient, the Subrecipient and any subSubrecipients.
Failure to fulfill these requirements shall subject the Recipient, the
Subrecipient and any subSubrecipients, their successors and
assigns, to those sanctions specified by the Agreement through
which federal assistance is provided. The Subrecipient certifies and
agrees that no contractual or other disability exists which would
prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3"
requirements and to include the following language in all
subcontracts executed under this Agreement.
"The work to be performed under this contract is a project assisted
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under a program providing direct federal financial assistance from
HUD and is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C. 1701.
Section 3 requires that to the greatest extent feasible opportunities
for training and employment be given to lower income residents of
the project area and contracts for work in connection with the project
be awarded to business concerns which are located in, or owned in
substantial part, by persons residing in the area of the project."
The Subrecipient certifies and agrees that no contractual or other disability
exists which would prevent compliance with the requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other contract or understanding, if any, a notice advising said
labor organization or worker's representative of its commitments under this
Section 3 clause and shall post copies of the notice in conspicuous places
available to employees and applicants for employment or training.
c. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and
will take appropriate action pursuant to the subcontract upon a finding that
the subSubrecipient is in violation of regulations issued by the Grantor
Agency. The Subrecipient will not subcontract with any subSubrecipient
where is has notice or knowledge that the latter has been found in violation
of regulations under 24 CFR 135 and will not let any subcontract unless
the subSubrecipient has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this contract
without the prior written consent of the Recipient thereto; provided,
however, that claims for money due or to become due to the Subrecipient
from the Recipient under this contract may be assigned to a bank, trust
company or other financial institution without such approval. Notice of any
such assignment or transfer shall be furnished promptly to the Recipient.
2. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed
under this contract, shall be in any way or to any extent engaged in the
conduct of political activities in violation of Chapter 15 of Title V United
States Code.
3. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 570.611
with respect to conflicts of interest, and covenants that it presently has no
financial interest and shall not acquire any financial interest, direct or
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~
indirect, which would conflict in any manner or degree with the
performance of services required under this contract. The Subrecipient
further covenants that in the performance of this contract no person having
such a financial interest shall be employed or retained by the Subrecipient
hereunder. These conflict of interest provisions apply to any person who is
an employee, agent, consultant, officer or elected official or appointed
official of the Recipient, or of any designated public agencies or
subrecipients which are receiving funds under the CDBG Entitlement
program.
4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any
agency or individual in the performance of this contract without the
written consent of the Recipient prior to the execution of such
agreement.
b. Monitoring
The Subrecipient will monitor all subcontracted services on a regular
basis to assure contract compliance. Results of monitoring efforts
shall be summarized in written reports and supported with
documented evidence of follow up actions taken to correct areas of
noncompliance.
c. Content
The Subrecipient shall cause all of the provisions of this contract in
its entirety to be included in and made a part of any subcontract
executed in the performance of this agreement.
d. Selection Process
The Subrecipient shall undertake to insure that all subcontracts let in
the performance of this agreement shall be awarded on a fair and
open competition basis. Executed copies of all subcontracts shall be
forwarded to the Recipient along with documentation concerning the
selection process.
5. Religious Organization
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 570.2000).
V. ENVIRONMENTAL CONDITIONS
A. Air, Water and Solid Waste
The Subrecipient agrees to comply with the following regulations insofar as they
apply to the performance of this contract:
Clean Air Act, 42 U.S.C., 7401, ET seq.
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.'
.
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as
amended 1318 relating to inspection, monitoring, entry, reports and information,
as well as other requirements specified in said Section 114 and Section 308, and
all regulations and guidelines issued hereunder.
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part
50, as amended.
The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300(f) et seq., and 21
U.S.C. 349) as amended
National Environmental Policy Act of 1969
HUD Environmental Review Procedures (24 CFR, Part 58).
42,U.S.C. 6901 et seq., as amended
B. Lead Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD
Lead Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35. Such
regulations pertain to all HUD assisted housing and require that all owners,
prospective owners, and tenants or properties constructed prior to 1978 be
properly notified that such properties may include lead based paint. Such
notification shall point out the hazards of lead based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with
lead based paint poisoning and the advisability and availability of blood lead
level screening for children under seven. The notice should also point out that if
lead-based paint is found on the property, abatement measures may be
undertaken.
C. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements
set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council
on Historic Preservation Procedures for Protection of Historic Properties, insofar
as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer
for all rehabilitation and demolition of historic properties that are fifty years old or
older or that are included on a federal, state or local historic property list.
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"
Attachment A
CITY OF DUBUQUE, IOWA
INCOME GUIDELINES FOR
FINANCIAL ASSISTANCE
Maximum Annual Income
family A B C
size
1 0-12,300 12,301 - 20,500 20,501 - 32,750
2 0-14,050 14,051 - 23,400 23,401 - 37,450
3 0-15,800 15,801 - 26,350 26,351 - 42,100
4 0-17,550 17,551 - 29,250 29,251 - 46,800
5 0-18,950 18,951 - 31,600 31,601 - 50,550
6 o - 20,350 20,351 - 33,950 33,951 - 54,300
7 0-21,750 21,751 - 36,250 36,251 - 58-050
8 or more o - 23,150 23,151 - 38,600 38,601 - 61,800
*Subject to change by US Department of Housing and Urban Development
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BABY-SITTING AND CHILD CARE
Come and learn to be responsible, practice safety and first-aid while 0
babysitting, plan fun and appropriate activities during child care. Role playing ~I
guidance techniques will also be a part of this session for age 10 and older. ~ ~ '"
Bring a sack lunch; drink provided. Offered in cooperation with Dubuque " ,.. Ii
County Extension. Activity #4400.310. COST: Free or $5. ()
THURSDAY, June 9th, 9:00 a.m. to 3:00 p.m.
at Comiskey Center, 255 East 24th Street
MUD, MUCK & OTHER WONDERFUL THINGS
For youth ages 5 through 8. Bees buzz; caterpillars crawl; squirrels scatter; branches
break. Explore the wonders of the nature around us. Learn about pond life, birds,
habitats, worms and best of all - mud and muck. These are just a few of the many
activities to help you explore ecosystems, food chains and good environmental
stewardship. We'll search for insects and other small creatures found around us every
day. You'll make bird feeders, learn where animals live, and much more. Bring a sack
lunch; drink provided. Offered in cooperation with Dubuque County Extension. Activity
#4500.310. COST: Free or $5.
MONDAY, June 27th, 9:00 a.m. to 3:00 p.m.
at Comiskey Center, 255 East 24th Street
GIZMOS & GADGETS
For youth, ages 7 thru 10. Want to build a jitter critter or a wobble ball or a fling-a-ma-jig?
Well you can at this camp! You'll learn about gravity, balancing and spinning as you have
fun making gadgets that spin, wobble and whiz. Plus there is always time for games! We'll
learn about motion as we build carbon dioxide boats, make blow and go parachute people
and create a slithering snake. Plus you will have lots of fun! Bring a sack lunch; drink
provided. Offered in cooperation with Dubuque County Extension. Activity #3330.310.
COST: Free or $5.
WEDNESDAY, June 22nd, 9:00 a.m. to 3:00 p.m.
at Comiskey Center, 255 East 24th Street
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,
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"
BUG CAMP
For youth, ages 7 thru 9. If you like insects and want to learn more about these '*
fascinating creatures, this day camp is for you. Come learn how insects are different
from other animals, see and touch exotic insects, make an insect craft and much, much
more. Bring a sack lunch; drink provided. Offered in cooperation with Dubuque County
Extension. Activity #3510.310. COST: Free or $5.
THURSDAY, June 23rd, 9:00 a.m. to 3:00 p.m.
at Comiskey Center, 255 East 24th Street
EARTH CYCLES
For youth, ages 7 thru 10. Students will explore the effects of everyday activities on
the environment and then learn ways to improve the world around us. Lunch will be
provided. Program offered in cooperation with Dubuque Metropolitan Solid Waste
Agency and Dubuque County Extension. Activity #3340.310. COST: Free or $5.
THURSDAY, July 14th, 9:00 a.m. to 3:00 p.m.
at Comiskey Center, 255 East 24th Street
ROCKETS AWAY
For youth, ages 9 thru 12. Blast off for an action-packed adventure in math, engineering,
aerospace, and physics with this study of rocketry science. Activities in motion, gravity,
and aerodynamics send children's interest soaring. This experience leads up to the
ultimate thrill - building and launching individual 2-liter bottle rockets.
Bring a sack lunch; drink provided. Offered in cooperation with Dubuque
County Extension. Activity #3350.310.
COST: Free or $5.
WEDNESDAY, July 6th, 9:00 a.m. to 3:00 p.m.
at Comiskey Center, 255 East 24th Street
CAMP TRRFCC
For youth, ages 7 thru 11. Camp TRRFCC is a new and exciting program that will focus
on creative and visual arts activities, literature and storytelling, and action and adventure
learning through the Six Pillars of Character. This program is a project of CHARACTER
COUNTS! IN IOWA and Dubuque County Extension. Camp TRRFCC is terrific!
Activity #3940.310. COST: Free or $5.
MONDAYS, June 6, 13, 20 and 27th and July 11 and 18th
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.
fI
.
.
6:30 to 8:00 p.m.
at Comiskey Center, 255 East 24th Street
FOOD & FITNESS CRAZE
For youth, ages 7 thru 11. This new, activity-based program will help kids
learn how to prepare easy snacks, get their bodies moving with fun, physical
activities and discover how to eat in a healthier way. Nutrition, kitchen and
food safety, and physical fitness will be emphasized. Kids are invited to join
the "Craze!" Offered in cooperation with Dubuque County Extension. Activity #3710.310.
COST: Free or $5.
TUESDAYS, June 28th and July 5, 12 and 19th
6:30 to 8:00 p.m.
at Comiskey Center, 255 East 24th Street
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