Loading...
HomeMy WebLinkAboutIowa Northland Regional Council of Governments-9/7/2010 (3)CONTRACT FOR SERVICES BETWEEN THE IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS AND WATERLOO, IOWA (COMMERCIAL LIFT STATIONS - EDA) THIS CONTRACT, entered into by and between the Iowa Northland Regional Council of Governments (hereinafter called the Planning Agency) and Waterloo, Iowa. The City of Waterloo hereby requests the Planning Agency's assistance in carrying out this Contract and attached Scope of Services, and approved by the Planning Agency under EDA Award No. 05-79-05007. TERMS. This contract carries the following terms: SECTION 1. Scope of Services The Planning Agency shall provide and perform the necessary services required to carry out the Contract as set out in the Scope of Services attached. SECTION 2. Time of Performance The services of the Planning Agency shall commence on August 3, 2010 and shall be completed upon completion of final document/report. SECTION 3. Method of Payment Payment shall be due upon receipt of a monthly bill for actual work performed. The payment shall be based on the hourly rate of the staff person plus any associated costs incurred in the administration of this contract. Total payment shall not exceed amounts identified as administrative in the project budget of the grant program. Total Payment shall not exceed $15,000.00. SECTION 4. Personnel The Planning Agency represents that it has, or will acquire, all personnel necessary in performing the services under this Contract. SECTION 5. Property The Planning Agency shall be free to acquire or use existing property, real or personal, as it deems necessary in the performance of work under this agreement. Section 6. Services to be Furnished to the Planning Agency All reports, data or other public documents and information necessary to the performance of work under this Contract shall be made available to the Planning Agency. Section 7. Records Available At any time during the normal business hours and as often as is necessary, each party shall make available to the other party and federal or state agents and financial and administrative records with respect to all matters covered by this agreement. Section 8. Maintenance of Records The Planning Agency shall maintain all financial and administrative records for a period of five years from the date of final payment by the federal or state funding agency. In addition, those records which relate to any "Dispute" appeal under a grant agreement, to litigation, to the settlement of claims arising out of such performance, or to costs or items to which an audit exception has been taken shall be maintained and made available until five years after the date of resolution of such appeal, litigation, claim, or exception. Section 9. Equal Opportunity in Employment In connection with the carrying out of this agreement, the Waterloo City Council and the Iowa Northland Regional Council of Governments agree to comply with the following acts: A. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) generally provides that no person shall be excluded from participation, denied benefits, or subjected to discrimination on the basis of race, color, or national origin under any program or activity receiving federal financial assistance. (Further requirements are specified in 24 CFR Part 1.) B. Section 109 of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309), generally provides that no person shall be excluded from participation (including employment), denied program benefits or subjected to discrimination on the basis of race, color, physical or mental disabilities, national origin or sex under any program or activity funded in whole or in part under Title I of this Act. (Further requirements are specified in 24 CFR 570.601.) The age discrimination act of 1975, as amended (42 U.S.C. 6101 et seq.) generally provides that no person shall be excluded from participation, denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funds. Section 504 of the rehabilitation act of 1073, as amended (P.L. 93-112), generally provides that no otherwise qualified individual shall, solely by reason of his or her handicap, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving federal funds. C. Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u), generally provides that, to the greatest extent feasible, opportunities for training and employment that arise through HUD -financed projects shall be given to lower-income residents of the project area. Section 3 also provides that contracts awarded in connection with such projects be awarded to substantial part, by residents of the project area. D. Compliance with Executive Order 11246 and 11375, and "During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he 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 workers' representative of the contractor's commitments under Section 202 of the Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. E. Americans with Disabilities Act (P.L. 101-336, 42 U.S.C. 12101-12213), which generally provides equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services and telecommunications. F. All amendments and regulations issued thereto which apply to the project. G. Section 10. Termination Clause Either party assigned hereto shall have the authority to terminate this Contract, with just cause, by notifying the other party by registered mail not less than thirty (30) days prior to the effective termination date. PASSED AND APPROVED: IOWA NORTHLAND REGIONAL CITY OF WATERLOO COUNCIL OF GOVERNMENTS -.O Date Executive Direc ATTEST: Ec; omic 1 evelopment Director t (gee Date „ea Mayor ATTEST: SCOPE OF SERVICES The Iowa Northland Regional Council of Governments shall assist in compliance with the Economic Development Administration (EDA) and other federal requirements; maintenance of required records and documents; and other required actions not specifically listed, but requested by the local government, including but not limited to the following activities: GENERAL ACTIVITIES A. Program Set -Up 1. Meet with the Waterloo City Council, to review and assure understanding of terms and conditions of grant agreement with EDA. 2. Set up a model for program schedule, assuring compliance with time limitations of grant contract. 3. Meet with Waterloo City Council to explain and coordinate scheduling of grant activities in accordance with EDA contract. 4. Maintain and promote performance standards in areas such as housing, minority participation, services to low income, etc., that will help the grantee secure future grants. PROGRAM ADMINIS I'RATION A. Capital Improvement Activities 1. Prepare Program Schedule as required by EDA. 2. Perform Environmental Review. 3. Assist City in acquiring EDA required contract documents, including Federal wage determination. 4. Review bid documents for EDA compliance. 5. Review contracts for EDA compliance. 6. Submit documents to EDA for project and contractor clearance. 7. Monitor payrolls for Davis -Bacon and related labor law compliance. 8. Conduct on-site interviews and inspections. 9. Monitor subcontractor compliance with EDA regulations. 10. Assist contractors in execution of EDA required documents and assurances. 11. Promote and document efforts at minority participation. 12. Assist in monitoring and clearing change orders, addendum, etc. 13. Assist in close-out and audit. 14. Provide other technical assistance as may be required. B. Record Keeping 1. Assist in setting up bookkeeping system for grant funds. 2. Assist in setting up filing system for program information maintenance. 3. Regularly monitor records. 4. Assist in preparing draw down forms, authorizing and making disbursements. 5. Assist in meeting with EDA officials during site visits. 6. Assist in preparing monthly, quarterly and annual reports. 7. Assist in final closeout reports. The above outline is generally specific, but some areas may have more detailed requirements implied, but not listed. The Iowa Northland Regional Council of Governments will assist the Waterloo City Council with these requirements unless special requests are made to the Executive Director or governing body of the grantee. The Waterloo City Council may request assistance from the Iowa Northland Regional Council of Governments that is not specifically designated.