HomeMy WebLinkAbout1978-05-09 CorrespondenceM1LRUFIL;4ED BY JORM MICROLAB
2 L _
Dear Council Member,
CEDAR RAPIDS AND uLS ;1GIIIL�, ;u,ii,
913 S. Summit St.
Iowa City, Iowa 52240
April 25, 1978
In the Council Meeting of Oct. 11, 1977 a group of concerned
parents, teachers, elderly, bicyclists, school principals and motorists
presented a letter and a petition with signatures to the City Council,
asking for a light at the intersection of Bowery b Gilbert S Prentiss,
a very odd and difficult intersection. We were pleased with the
Council's decision to place a light at this intersection. Since some
of the present Council members are new and were not present at the
Oct. 11 meeting, we have included a copy of the presentation we made
at that time. It contains our reasons for requesting the light.
Because of the uniqueness of this intersection we understand that
there are some problems in designing the traffic controls in a way that
assures the maximum safety of the school children crossing here as well
as other vulnerable pedestrians and bicyclists. We have given the question
much thought and we would suggest the following: a light, a crossing guard
and a manual overide control.
as mentioned previously, to stop the
There needs to be a light,
nit stop for the guard and his or her
cars. Many times cars simply do
sign.
The guard is needed because children, as well all know, sometimes
don't have good judgement. Many of them will simply push the button and
873
`rl: �^OFILMEO BY
' JORM MICR+LAB
r;[111P 11,1PIn' . 9F5 WWIFS
MIL;OF ILiILD BY DORM MICROLAB
CEDAR RAPIDS AND ULS I.1U1hL_�, iuvo,
run without first checking to see that the cars have really stopped.
The complexity of the turning pattern at this intersection is confusing
to anyone but especially to young children. They will need an adult to
help them interpret the light cycles safely.
The guard will need a manual overide on the traffic signal so that
he or she will be able to interrupt the regular light cycle. The guard
must be able to stop traffic in all four directions at once. The guard
must be able to stop traffic for at least thirty seconds. Groups of
children, young children, children walking bikes, go slowly. They
also have to climb up or down a narrow stair on one side of Gilbert
Street and they need at least thirty seconds to do this. The light must
not change to green while the guard and his or her stop sign are still
in the center of the street. This would cause dangerous confusion to
everyone, including the motorists. A four way stop, with manual overide
for the guard would help avoid this situation.
Because of the difficulties presented.by this tricky intersection
this will be an issue coming before you soon. We feel that a light, a
guard and a manual overide control are the only sensible solution. Just
a light could be more dangerous than the situation is at present. Just
a guard is obviously inadequate. A combination of light and guard with
overide control provides, we believe, the maximum safety for our children.
Sincerely,
John b Deanne Wortman
Connie Brothers
Doris Bridgeman
For the signers of the previous petition.
I.11CROFILMED BY �
JORM MICR+LAE
MIOiOFILMLD BY JORM MICROLAB
CEUAR RAPIUS AND uL5 U,IIL�. .o+i11
CYJt13ER It, iqn
My name is Deanne Wortman. I live at 913 S. Summit St. in Iowa City.
I am here tonight on behalf of the people who's signatures appear on our petition
which, I believe, you have all seen.
We would like the city to provide a traffic light and a crossing guard
during school crossing times at the intersection of Bowery -Prentiss -Gilbert before
1980. This is the intersection by Rummellhardt Plumbing, the old New Pioneer
building and the Senior Citizen's center. We feel that this is a very very
dangerous and potentially tragic intersection for the following reasons:
The approach from the South or Kirkwood Avenue is blind. Cars coming
from Kirkwood Ave, must climb a hill and round a curve, all of which occurs right
at the intersection.
The approach from the north or Burlington Street is blind. Cars cannot
see the traffic on Prentiss or the oncoming traffic on Gilbert because of the hills
and the curve just mentioned.
The approach from the West is on Prentiss Street. This is a steep incline
which levels just as it meets Gilbert St. Cars on Prentiss have no vision of the
intersection until they are literally on Gilbert St.
The approach from the East is again blinded to the South and West by the
hills and curves on the other streets.
Add to these complications the screening effect of cars from Bowery aid
Prentiss attempting to go East and West. The intersection is a dog -leg and
as cars sit in the two inside lanes to make left-hand turns, drivers on Gilbert St.
have no vision of oncoming traffic at all.
There is no stoplight or sign between Kirkwood Ave. and Burlington St.,
encouraging cars to greatly exceed the already high speed limit of 30 mph.
This speed, added to the visual obstructions of hills, curves and turning vehicles
only increases the hazards.
MICROFILM BY
1 JORM MICR+LAB
f C1AP t+,A l"9S ^fS MOINFS
I.1 It <OrIUILD BY JORM III CROLAB
-2-
CEDAR RAPIUS AND ULS ;101JI'u, .uw„
Perhaps the most serious problem and the one that caused my initial
and frankly my greatest concern is that of the very vulnerable pedestrians who
must cross at this point. They are the children, the elderly and the bicyclists.
The children cross three times each week -day going to and from school.
They attend Iowa City Catholic Grade School and Henry Sabin. There are
approximately 80 children involved.
The elderly attend congregate meals and other activities at the
Senior Citizen's Center from 9:30 a.m, to 3:00 p.m. during the week. Besides
crossing Gilbert they also cross Bowery going South and are endangered by
turning cars.
These two groups of pedestrians are especially vulnerable for different
reasons. They simply cannot cross this street unaided without great danger to
their safety.
The SEATS buses and the cars which transport the elderly to and from
the Senior Citizen's Center cannot leave the center'bihg using this
intersection or by entering Gilbert Street to the North because of these traffic
conditions. They find it necessary to avoid this intersection altogether and take
a long detour.
I have been told that the City has planned a stoplight for this
intersection in 1980. We feel first of all that there must also be a crossing guard
during school crossing times to protect the children. We feel very strongly that
the light and the guard are needed now, not 3 years from now.
This has always been a point of pedestrians crossing in Iowa City long
before Gilbert was widened. It carries a large number of especially vulnerable
pedestrians. And they must continue to use this crossing in spite of the
worsening traffic conditions. As the traffic increases, the danger to these
pedestrians increases, as does the chance of an automobile or bicycle accident.
We would like the City to help us avoid a tragedy there.
MICROnuam By
JORM MICR+LAB
M)AP RAvI^S SCS M01.1r,
I-IICROf MED OY
1 JORM MICR+LABI
ffOAP PAMPS • PCS MOVIES
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r41CROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND ULS luiftLi, !Q—
CITY OF IOWA CITY
CIVIC CENFER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.18(?--)
May 23, 1978
Ms. Lucille Burianek
222 North Governor
Iowa City, Iowa 52240
Dear Ms. Burianek:
At its regular meeting of May 9, 1978, the City Council received and placed
on file your letter concerning the damage caused to your park area because
of salt being used on the street during the winter months. Each year the
City staff presents to the City Council a proposed policy regarding snow
removal from the streets. For next winter, we anticipate blending more
sandwith the salt. This will not entirely eliminate salt damage to the
park areas but hopefully it will reduce it substantially. Your letter will
be taken into consideration when the Council makes a decision on this matter.
We are grateful to residents of Iowa City, such as you, who take pride in
the appearance of the property. I hope the use of less salt will help to
alleviate your problems. If you should have other concerns or comments,
please do not hesitate to contact me.
Sinc rel yours,
ea erli
City Manager
is
cc: City Clerk ✓'
141CROFILAD By
' JORM MICR+LA6
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I•AILROFILMED BY JORM MICROLAB
Fo L E 0
AY 31978
A$BIE STOLFUS
CITY CLERK
CEDAR RAPIDS AND UES Nuii+'L�, �u'+,,,
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JORM MICR+LA6
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I4ICROF ILIIED BY
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r-11G1WF1L;1ED BY JORM MICROLAB
CLDAR RAPIDS AND UL', I•iU ihLo, :Je"
City of Iowa City
DATE: April 27, 1978
TO: Honorable Mayor and City Council
FROM: James Brachtel, Traffic Engineer,�k
RE: Commercial Vehicle Loading Zone On 10 Block Of North Clinton
Street
As directed by 6.02.01 of the Municipal Code of Iowa City, this is to
advise you of the following action:
ACTION:
Pursuant to Section 6.15.01, the City Traffic Engineer will direct that
signs be installed on the east side of the 10 block of North Clinton Street
so as to create a two stall commercial vehicle loading zone in the most
northerly two parking stalls of this block. This action will become
effective May 12, 1978.
COMMENT:
This action is being taken at the request of the University of Iowa. The
University is experiencing difficulty in servicing Phillips Hall from the
existing loading zone. The proposed action will include the moving of one
parking meter stall and eliminating an existing "No Parking Anytime" stall.
The proposed action will improve vehicular access for servicing and goods
delivery to Phillips Hall. It will not reduce the metered parking stalls
presently available on North Clinton Street.
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JORM MICR+LAB
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8131E STOLFUS
CITY CLERK
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1-11LkOFILMEU BY JORM PiICROLAB
CEDAR RAPIUS AND ULS Aul:iLj, :01i"
City Of Iowa City
DATE: April 28, 1978
TO: Honorable Mayor and City Council 22
FROM: James Brachtel, Traffic Engineer'�v
RE: Parking Prohibition on Hutchinson Avenue
As directed by 6.02.01 of the Municipal Code of Iowa City, this
is to advise you of the following action:
ACTION:
Pursuant to Section 6.16.01, the City Traffic Engineer will
direct that signs be installed so as to. prohibit parking on
both sidesof Hutchinson Avenue from the intersection of
Hutchinson Avenue with Park Road south to a point 80 feet
south of the above referenced intersection. This action
will be effective May 12, 1978.
COMMENT:
This action is being taken at the request of abutting prop-
erty owners. Historically, the neighborhood has experienced
difficulty exiting Hutchinson Avenue onto Park Road due to
the presence of parked vehicles near the intersection. The
proposed parking prohibition will alleviate this problem of
turning onto Park Road from Hutchinson Avenue.
M1LiWHL&0 BY JORM 1.11CROLAB CEUAk RAPIDS AND ULI"to;:ti •:`
.`.;]?C'1.1C:; :ii,J('!i:.;t ....,.,...,... i•....._....., ii:C:as.:
Terms nn:l Co.^.ditiNIS Cca:=:i:u'.i:: 1;::t II of r_..
Annual Conlributions Contract :accen
P11A and the United States of t::.c•rica
14F1" CON STitl1CTTU:1, SU@STA:;7IAL P1iUt 1i:LTTnTIC1:, i 1',l'::0 iiOL'Sl:;:,
Master Section F ACC KC -9033E__
2.1 D FIN' 70::5
(a) "Foi;Alies" means Ls*..cr-Income F..1lies (including "Very Loe:-lncoc:e Fa::.i]ic•::")
and includes FruAlies consisting of a sirgl.e person in the case of Elderly Fz:ilic::
and Displaced Families and includes the remaining member of a Lenant family.
(b) "Elderly 'ramilics" means Families whose heads (or 'leis spouses), or r:hosc sole
membcrs are persons ::ho are at least 62 years of age or are =del• a disability
as defined in section 223 of the Social Security Act or in section ?02 (5) of the
Davelopmental Disabilities Services and Facilities Ccnst.ruction ;:rc7:c-.ent of 1970,
or ere handicapped. The term Elderly Flunili.es includes :o or l o:•c•elderl.y,
disabled, or handicapped individuals living together or one or rare such individuals
living together with another person who is determined under regulations of tl:
Secretary of Housing and Urban Development ("Secretary") to be a Person csnentinl
to their care or well being.
(c) "Displaced Families" means Families displaced by governmental action, or Fft=ili.es
whose dwellings have been extensively damaged or destroyed as a result of a c_Sss t^sr
declared or otherwise formally recognised pursuant to Federal disaster 're'licf laws.
(d) "Lor::er-Income Families" nears ;�ani.lies whose Incomes do not exceed SO per crit of
the median Income for the area as determined by the Secretary lith adjustl=nts
for mrallcr and larger facili.cs, except that the Secretary may establish I::?r•:ce
limits high or lower than EO percent of the median fo:• the area on the basis oi' Lis
findings that .such variations are necessary because of prevailing levans of
construction. costs, unusually high or low family Incomes, or other' factors.
(c) "Very. Low- Income Families" means Families whose Incomes do not exceed 50 percent of
the median Income for -the arca, as determined by the Secretary ,nth adju,'..Cnt.s
for smaller and larger families.
(f) "lncorte" cenns income for all sources of each m:eabcr of the household, ns detcrc_nr•9
in accordance with criteria prescribed by the Secretary.
(g) "O:at@1I: r7 a; I1S 'he ller5el or cr.'"Y, includi.lit ^- coGyOrative, :i. t!: •:}:ieh I`- /tPrCer.Cn.
ald Colitract are catered i::to.
(11) "Rent" OY ° /•:lta 1." ncnn, 1: 1'.l rCSU^Ct to !.^.::b^.. of a CUpli^] ._': L', ell
under the occupancy agroc.mvlta Lasa C••?Il alien] :..amber, and the C'UGT:e:'a:iY•?.
(i) "1'rnject Receipts" with respect to each Project means the /enrol Contr.!T-lticns
pnvablc hereunder and ell ether reccip's Wider this LCC, if any, acCrui-I to the
PHA from, out of, or in connection vrith such Project.
(j) ,project Expenditures" with respect to arch Project moans all costs nlle'r:nble
Wider Section 1.1,, (b), Part I of this ACC, with respect to such project•
(k) 1Sub,tant'i.al Dafault" meals the occurrence of'any of the events listed in Section 2.2
2.2.='' LCT1. !!) , GT_I`1_i
The MU.!ihn i..1. U'C. the Al*t:V 71 C,.r.1..i I uti or. f^r '6110 ^C:'fl Y.:^ of 11:`:.:i:..
re, ani d:crll`n"" for !l:c.ilic.: it cr::nl.iancc v:ith ani a:•,y..ic:
of th C: Leo :1.0 n'l ri:1: :tar`.^... i:..,...tl i'. .::Uln'.
MiCROf MED BY
JORM MICR6LA6
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MiII,kUFILI.ILD BY JURM MICRULA!i
]ILEA -525'0 C
LEDAR RAPIUS AND uL' 11u;:,L�
G
(u)'fi+c lii,1 shall co:cpl.y v:ith the'ishcd !
Ir,co:r.c ].hits cs:n'.;: it:c
With 1,}:e requi:c::,enLs of the Gc:•orr.:rent }UYaL'aa: ;o
Act that at 10x61, 30 percent of the Fwnilic'S a: i
s:; .ed in all its i'rn,lc u: u:.:!:'
its Llaster Section G ACC shall be Vel... Lav:-Ircc::.0. Fasilics.
(b) The PILA 9hal'1 co::p].y or assure cc::mliance vrith t},e schedules ani elite:^c e::" ^PYts
lished by the Goverm::ent with respect to the umcunts of housing :.ssisL:+ace
made on behalf of Families.
(e) The PHA shall make or cause to be !:nde periodic re-e:•:a-.isi.i.pns of tl:e L:.oc.:, ec+a-
position, and extent of exceptionnl medical or c'.iter unu::ual c::p0nses of Fr :i!i^_s
for whom housing assistance payments are being made, for the purpose. of c0afi.r::ir„
or adjusting, in accordance with the applicable schedules established by the Oove:•n-
meat, the amount of rent payable by the Family and the amount of Lousing assistance
payment.
(d) The PHA sha11•determine, as part of its annual inspection and at such other times
as it deems appropriate, whether an adjustment is required in the Allowance for
Utilities and Other Services applicable to the d:•relling unit on grounds of chan^es
of general applicability. If the PITA determines that an adjustment should be Trade,
the PHA shall prescribe the amount of the adjustment and notify thP, C=ar
accordingly, and the PHA shall cause the O,=er to make a corresponding adjustment in
the amount of rent to be paid by the affected Family and the amount of housing
assistance payment,
(e) Prior to the approval of eligibility of a Family by the PITA or the Owner, as the
case may be, and thereafter on the date established for each reexamination of the
status of such Family, the PHA or the Oerner, as the case may be, shall review or
cause to be reviewed a vrritten application, signed by a responsible member of such
Family, which application shall; set forth all data and information necessary for
a determination of the amount, if any, of housing assistance payment which can
be made with respect to the Family.
2.4. INSPECTIONS.
(a) The PITA shall require, as a condition for the making of housing assistance payments,
that the Ormer maintain the assisted dwelling units and related facilities in
Decent, Safe, and Sanitary condition.
(b) The PHA shall inspect or cause to be inspected dwelling units and related facilities
prior to commencement of occupancy by Families, and thereafter at least annually,
adequate to assure that Decent, Safe and Sanitary housing aacomodations are 'being
provided and that the agreed -to services are being furnished.
2.5. IiOIIDISCIIII'VIATION IN HOUSING.
(n) The PHA shall comply etiLh all requirements in ,posed by Title VI of the Civil "::r'hts
Act of 1964„ Public Iav; E9-352, 78 Stnt. 2/.1; the rcrulations of the Depa:•4.71el7t
of Housing and Urban Development issued thereunder, 24 CFH, Subtitle A, )'art 1,
Section 1.1, et sec.; the requirements of said Department pw•suant to nnid reFulnt.iow:r:
and Exccuti.e Order 11063, to the end that, in accordance with that A, -,t and the
regulations and requirements of said Department thereunder, and s'+id Executive
Order, no person in the United States shall, on the ground of race, color, creed,
religion, or national origin, be excluded from participation in, or be denied
the benefits of, the Housing Assistance Payrients
nogrnmrbe covenant, esubjector ed
to discrimination. The PHcontractual requirement,
A shall, by
binding commitment, assure the same compliance on the part of nny subgrnntcc,
contractor, subcontractor, transferee, successor in in' nrc!:t, or other partici-
pont in the program or activity, such aor._^.itr..ent to include the follc:':ing clau::c:
"This provision is in, --luded pursuant to W:e :•eCu7.^.tiers of th^ llepar.rcn:. of
Housing rand Urban I:e:cle,:aenL, 2; CFP, Suh'..it.le A., fart ], Sectic-:) .1, : c : i_
seq.; issued under 'title 1'i of tL^ ::n[.i fivii Pifhts or
requi.remcnt, of ::aid 1,*e7,arte,cnt ptu•aur:ni, to maid
ligntion of Ll+c (c0r.trnctor or other) to ccr ply ti •rc•e.lth inure:: t• .i.r.•
Mi CROFILMER BY
JORM MICR6LA8
rrpnV Fer.�,r rt �. y01 Yf `.
I.1k,kUlILMLD BY JORM MICROLAB
� 1,!,_'5-520 C
CEDAR RAPIDS ANU ULS 1v1:.L�, : r
benefit of the Unil.06 t.l:e !:%id I'ci::::•t.::.eut, "..
shall be entitled to lnvcl;c any rcr.:^dies a:ail::ble C;;
breach thereof or to compel co:::p]iance there^rith 1: the (co::uactca or
(b) The PHA shall incorporate or enure to be incorporated into a_1 11.11.,1.:,'
Payments Contracts a provision reaui.ring co::.pliance v:ith ,I17. t
by 'Title VIII of the Civil fii6hts Act of 1963, and any rules and rcrul;:tic::c
^.cc,
pursuant thereto.
(c) The PHA sha].1'not, on account of creed or sex, discriminate in tt.e sa]c•, If 9'
rental, or other disposition of 1`-_,:n^ or related facilities (includir.;' 1^ r) it
included in any Project or in the use or occupy cy thereof, nor denyc�onar.;; J
the opportunity to apply for such housing, nor deny to any eligible p._icant the
opportunity to lease or rent any dvrellir.F in any such housing suitable to its
needs. No person shall automatically be excluded from participation in or be denied
the benefits of the Housing Assistance Payments Program because of membership in
a class such as ummrried mothers, recipients of public assistance, etc.
2.6. EQUAL EI.TLOYIMIT OPPORTUNITY.
(a) The PHA shall not discriminate against any employee or applicant for employment
because of race, color, creed, religion, sex, or national origin. -Tile
PIA shall take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to race, color, creed,
nclude, but not
religion, sex, g: national ntorigin. prading action shall demotion, orltransfer; recruitment or
to, the follovring: employment, upg g,
recruitment advertising; layoff or termination; rates of pay or other forn:s of
compensation; and selection for training, including apprenticeship.
(b) (1) The PliA shall incorporate Qr cause to be incorporatad into any contract for
construction work, or modificabion thereof, as defined i.n the regulations of the
Secretary of Labor at 41 CFR, Chapter 60, which is to be performed pursuant to
this contract, the following Equal Opportunity clause:
"EQUAL DDLOYMENT OPPORTUNITY
During the performance of this contract, the contractor agrees as follows:
CA) The contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, creed, sex, or national
origin. The contractor will take affirmatir
ve action to ensue that applicants
are employed, and that employees are treated during employment, without
regard to their race, color, religion, creed, sex, or national origin. upgradi'•:p'
action shall include, but notbe limited to, the following: p
demotion, or transfer; recruitment or recruitment advertisir. ; layoff orter-
mination; rates of Pay or other forms of coirpensaticn; and selection fcr
training, including apprenticeship. The contractor agrees to post in con-
spicuous places, available to MP and applicants for e^plo;nrent,
he PRA setting forth the provisions of this Equal
notices to be provided by t
Opportunity clause.
(B) The' contractor will. in all solicitations or advertisements for emPloyecs
placed by or oil behalf of the contractor, state that all qualified applDImicants
will receive consideration for employment without regard to race, color,
religion, creed, sex,• or national origin.
(C) The contractor will send to each labor union or represent.nti.vc of vrorkerp
cLi.vc barrnining agreement or other contrnot or
with which he has a colle
unde•stnndi.ng, n notice to bo prcvidcd by ti:e PHA advisir.� td,e
unix, o :cri:erc' repro c ^ ti : e of t i:c con tracto'' nnb] c.
Section, and shall post cr,pios of the notice in con:pic,rour
to en.ployces and npplicunts for cicplo;t::cnt.
(D) The contractor v:.il.l eern7y rriLh all provisions of },:ecut`i::i (cr,:.t.
17.2/,11, of ,^,ra,tc:.d,,n ?I„ 1.'i.i, :1!1"of Ll:e. rules, r_gulaLiens,
orders of t.;,c Cecrewn of ],:Ibor.
'! Ill CROF I LI4Ca BY
JORM MICR6LAB
rrllr,i'. uno!n•.�it 41nI:1f c,
hiit,d0i-iLMLD BY JORM MICROLAB
MTP 5?5200
)',:• c of .16 1 noes
LLDAR RAVIoS ANU ULD %! :�L,, •'J1111
(F)'il;c contractor trill furnish nl'*1 infer-.n?.inn nt. ::r -tern: r•r'.
Executive Order No. 11246 of Sento:7.':er 24, 1gi:5, anal ' rulorI ro"u:r:'. .
and orders of the Secretary of Labor, or ptp`:;unnt thr:rcto, and r:!7.1 .....,.
access to his books, records, and nccolints by the Gcverr:--c,r +i r,! :,., 912ret.r
of Laboi for purposes of investigation to ascertain cc; nliancc
rules, regulations, and orders,
(F) In the event of the contractor's noncannliance t:ith the Fqunl Cppert:nit;r
clause of this contract or trio: any of the said rules, rePulat'_cns, or orders.
this contract may be cancelled, fermirated, or suspended in r:i:ole cr ..n Hart,
and-th'e contractor may be declared ineligible for furti:er contracts in accord,.
with. procedures authorized in Executive Order No. 11246 of September 24, 1065
and such other sanctions may be imposed and remedies invoked as provided in
Executive Order No. 11246 of September 24, 1965, or by rule,`regulati0n, or
order of the Secretary of Labor or as otherwise provided by Is,.,.,.
(G) The. contractor will include the portion of the sentence immedintc y
preceding Paragraph (A) and the provisions of Paragraphs (A.) through (G)
in every subcontract or purchase order unless exempted by the rules, regula-
tions, or orders of the Secretary of labor issued pursuant to section. 204
of Executive Order No. 71246 of September 24, 1965, so that such provisions
will be binding upon each'subcontractor or vendor: The cor,. ractor t:i'_1 take
such.action with respect to any subcontractor or purchase order as the
Government may direct as a means of enforcing such provisions including
sanctions for noncompliance; Provided, horever, that in the event a contractor
becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by the Government, the contractor
may request the United States to enter into such litigation to protect the
interests of the United States.
(2) The PHA agrees that it t^ill assist and cooperate. actively with the Government
and the Secretary of Labor in obtaining the compliane of contractors and sub-
contractors with the Equal Opportunity clause and the rules, regulations, and
Televant orders of the Secretary of Labor, that it will furnish the Government
and the Secretary of Labor, such information as they may require for the
supervision of such compliance, and that it will otherwise assist the Government
in the discharge of the Government's primary responsibility for'securing com-
pliance.
(3) The PHA further agrees that it will refrain from entering into any contract
or contract modification subject to Executive Order No. 112.46 of September 24,
1965, with a contractor debarred from, or who has not demonstrated eligibility for,
Government contracts and Federally assisted construction contracts pursuant to -
the Executive Order and will carry out such sanctions and penalties for violation
of the Equal Opportunity clause as may be imposed.upon contractors and sub-
contractors by the Government of the Secretary of Labor pursuant to Part II,
Subpart D of the Executive Order.
2.7, TPhIt7i}:G, ^PLOT' TN-, AND CCNTPI.CMIG OPPOaTUN17 ES FOR Bi1SI 1'S53S AND L9,7?. I!ICC'
PERSONS
(a) The project assisted under this ACC is subject to the requirements of section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u.
Section 3 requires that to the greatest extent feasible opportunities for training
and employment be given lower income residents of the Project area and contracts
for work in connection }with the Project be awrcrded to business concerns which are
located in or owned in substantial part by persons residing in the area of the
Project.
(b) Notwithstanding any other provision of this ACC, the PPA shall carry out the
provisions of said section .3 cnd ::^e re;;_ a,,-nns issued pursuant t ercto 'v -he
Secretary set forth in 24 CFR, Fart _35( .•iis,.ed in 38 r'ederal Fc:•!stcr 2-1220,October 23, 1973•), and all. n.,-ullenble ra:.es t:nd ordero of the Secr^_ ary icsued
thereunder prior to ":e execution of ;h.'. :,CC. The re,^. i±e::.cLtS c cci rc;z,:r.t. .
include but ra•c not li:citc:i to dcv<_.-ormrn: end icplc:..s::.ction c:' an Lff'.r:.a.ive
action plan for utilizin,- boniness concerns locuted t:!'.i.!: cr _..nod in rat_
stantinl tart by persons req'.r.ir :;c Oren of ti.. .: a,Jrc' ; .ire .....:. �^
a good faith effort, Ls def'`^^ by t,t: rai.:ir.:;r:.n, i,:`c z: ie tr^,:'_ r'
and business o_a:rIanities required lny section 3; tin 1::ccr;.ore411Cn ..
a1r.Rotulaeo BY
DORM MICR40LAEI
ir;1M u.v 1'�•. • '�!C V1.1r,
141LROl ILMED BY JORM MILROLAB
I1lJD-5 520 C
:f 1Q races
LEDAR RAPIDS ANU 'uL'j J4,
-,F.,aifi.;i 1•;: .;._ .r�,: :.:'? ';') of tL. r� •il:aro:r.: i': ..
The PiiA certifies: and .. r,•: '!.: is it
under no co:araetual1or o:.};er disabillt;; %%1:1ch would prevent. .i.' from rrc-
plyirg with these requi re::1c:rt: .
(c) Compliance witi~,the provisions of seeti.on 3, the regulations set forth ill ?4
CFR, Part 135, and all applicable rules uud orde.•s of the Secrctar;, irstle'l }, rc-
under prior to approval by the Gwer:;:::ent of the application for this ACC c'.:,il be
a condition of the Federal fin'inciol osoisLanoe nrc.v1ded to the Project, bincin
upon the PHA, its successors and assigns. Failure to fulfill thc::e regnire:ren:s
shall subject the PH,%, it., co::..ar.tors ..:d subcontractors, its successors, ...:d
assigns to .the sanction specified by this ACC end to such sanctions as are
specified by 24 CFR, Section 135.135•
(d) The PHA shall incorporate or cause to be incorporated into any contract pursuant to
this contract such clause or clauses as are required by the Goverrment for com-
pliance with.its regulations issued pursuant to the }sousing and Urban Development
Act, as amended. The PHA shall cooperate with the Government in the conducting
of compliance reviews pursuant to said Acts and Regulations.
2.8. COOPERATION IN EQUAL OPPORTUNITY COMPLIANCE REVIIi4'.S.
The PHA shall cooperate with the Government in the conducting of compliance reviews
and complaint investigations pursuant to applicable civil rights statutes,
Executive Orders, and rules and regulations pursuant thereto.
2.9. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT.
i The PHA shall incorporate or cause to be incont rated, into any contract for
construction or substantial rehabilitation, such clause or clauses as are required
by the Government for compliance with the regulations issued by the Environmental
Protection Agency pursuant to the Clean Air Act, as amended, the Federal Water
Pollution Control Act, as anend'ed, and Executive Order 11738. The PHA shall
cooperate with the Government in the conducting of compliance reviews pursuant
to said Acts and Regulations. '
2.10. LABOR STANDARDS.
The PRA shall incorporate or cause to be incorporated into any contrabt for
construction or substantial rehabilitation of nine or more dwelling units, such clause
or clauses ds are required by the Government for compliance with its regulations
issued pursuant to the Copeland Act, the Davis -Bacon Act, and the Contract Work Hours
and. Safety Standards Act. The PHA shall cooperate with the Government in the
Conducting of compliance reviews pursuant to said Acts and Regulations.
2.11. ESTIMTES OF REQUIRED ANNUAL CONTRIBUTIOII.
The PITA shall from time to time submit to the Govermment estimates of required
annual contribution at such times and in such fol -,,l as the Goverment may require.
All estimates and any revisions thereof submitted under this Section slmll
be subject to Government approval.
2.12. INSURANCE AND FIDELITY POND COVERACE.
For purposes of protection against hazards arising out of or in connection with the
administrative activities of the PHA in carrying out the Project, the PITA shall
carry adequate (a) comprehensive general liability insurance, (b) ,,;orkmen's com-
pensation coverage (statutory or voluntary), (c) automobile liability insurance
against In•operty damage and bodily injury (owned and non-o,.med), and (d) fidelity
bond coverage of its officers, agents, or employees handling cash or authorized to
sign checks or certify vouchers.
2.13. BOOKS OF ACCOUNT AND DIEM .O; R`TOp•.TR.
(a) The PITA shall maintain complete and accurate books of account and rccnrd::, as
may be prescribed from tine to t.i::a, by the Govcr:n-ent., in connection ,.,th tie
Projects, including records which permit a speedy and effcctivo audit., a1,d :r:il
DORM +MICR+LAB
R1Ar I, nr!o•: •q c,'-00!'11'
W
f11LkUiILMLU BY DORM MICROLAB
HUD -57520 C
LEUAk RAPIDS AND uL'� :IU,,,L
among other this.;ys fully disclose the amouul. al:(:tiro dir.po:;it! ou b U;o I":A
of Lhc Nurua.l Contribution:, and other Project kccoipt::, If :uiy.
(b) The books of account and records of the P11A shall be mai.ntai.nert for car.h
I'rojuct as soparar.e anti dist.iucL from all other Project's and unJerLakin;•,s
of the PIIA except as authorised or approved by the Gr•vernceuL.
(c) The PITA shall furnish the Goverline nL such financial, operatill ,r„ and sl a tisti.ca'
reports, records, state, CIlLS, and documents, at such L; MVS, ill such 1 0: K.., a:,::
accoc;lanied by such supporting data, all as may reasonably l+e rer.uircd fV0,.1
time to time by the Government.
(d) The Government and the Controller General of the United Statrs, or his duly
authorized representatives, shall have ful.l. and free access to the Projects
and to all the books, documents, papers, and records of the PHA that are
pertinent to its operations with respect to financial assistance under the
Act, including the right to audit, and to make excerpts and transcripts fro^;
such books and records.
(e) The PITA shall incorporate or cause to be incorporated in all Contract's the
following clauses:
"PITA AND GOVERMENT ACCESS TO PREMISES AND OWNER'S RECORDS.
"(1) The Owner shall furnish such information and reports pertinent to the
Contract as reasonably may be. required frcn time to time by the MIA,
and the Government.
"(2) The Owner shall permit the PHA or the Government oi' aity of their. duly
authorized representatives to have access to the premises, and, for
the purpose of auda.t and examination, to have access to any books,
documents, papers, and records of the Owner that are pert.iner.t
fo compliance with' this Contract, including the verification of
information pertinent to the housing assistance payments."
(f) The PITA shall be responsible for engaging and paying the auditor for the
making of audits as required by the Government, but the PHA shall be com-
pdnsnted under this ACC for the cost of such audits.
2.14. DEPOSITARY AGRMIENT.
(a) (1) The PHA shall maintain one or more agreements; which are herein collectively
called the "General Depositary Agreement," with a bank(s) selected as a
depositary by the PITA.
(2) The PITA may maintain one or more agreements, which are herein collectively
called the "Savings depositary Agreement," with a savings and loan incri-
. CuCi.on(,) or credit union(s) selected as a depositary by the PHA for tl:c
investment of excess funds.
(3) All. such General Depositary Agreements and Savings Depositary Arrcements
are herein collectively called the "Depositary Agreement." All such banks,
savings and loan institutions, and credit uhions arelurcin collectively
called the "Depositary."
(4) The Depositary Agreement shall be in the form prescribed by the Government
for the particulnr type of Depositary. The Depositary shall be, and
continue to be, a member of the Federal. Deposit Insurance Corporation, the
Federal Savings ..,Ind Loan Ltsurancc Corporation, or the National Credit
Union Share Lnsurr:nce Fund, as the case coy ba.
(5) Immediately upon the execution of any Depositary Agrc!emcnt, the VM% shnll.
furnish to Lhe Govorm,.ont such uv.eeuted or conformed copies thereof n.^ t;v
Government tray require.
(G) No such noposi,tary Agre-•ru:nt 111n11 be terminated exccl'.L afLLr 30 ?:,y:.
no Lica to the Covcrr.c.cliL.
147l.iWr lLMLL) BY JORM MICROLAB
i of 111 Pages
CLDAk RAPIDS AND UL'J �'i�llli
Je."
(b) The P111 shall deposit promptly with :anuli Deponitary, under Ih.: torn, of Lh.:
Depositary Agrocnient., all ninnies received pursuant Vo this ACO..
(c) The YHA may`withdraw monies pursuant to the Depositut-y hcr•v�nir,:.r cn.iv for
(1) payu:ents pursuant to the (lousing Ass.i st.a:icc: 1':;p:::ants Co:,t..trf, r:nrl (2)
other Purposes specifically approved by the (:mv:rn:::vnt. ::n •.:iLis ''1 ,l:o !,!:at.l
he made except in accordance wf.Lh a voucher or voucher:: rh.•:i nn fins.• in Lire
office of the PHA stating in proper detail tho purpose for which such wirir
drawal is made.
(d) If the Government makes a determination, after notice to the PHA e.ivine .it
a reasonable opportunity to take corrective action, that the FHA is .in SubsLan-
tial Default or if the Goverll::1enL determines that the 11IIA has madu a fraculent
or willf(tl misrepresentation of any material fact in any of the docuuvrits or
data submitted to the Government pursuant to this ACC or in any document r -r data
submitted to the Government as a basis for this ACC or as an inducemrut to the
Governments to enter into this ACC, the Government shall have the right to (1)
give notice of such determination to Depositary which holds any monies pursuant
to the Depositary Agreement and (2) require such Depositary, on the basis of
such notice, to refuse to permit any withdrawals of such ntoll!Qs; Provided, how --
ever, that upon the curing of such Default the Government shall promptly rescind
such notice and requirement.
2.15. 1POOLTNC OF FUNDS UNDI7R SPECIAL CONDITIONS AND REVOLVING FUND. '
.(a) The PITA nay deposit under the terms of the General Depositary Agreement monies
received or held by the PITA in connection with any other ACC'or any administration
contract or lease between the PHA and the Government.
(b) The PITA may also deposit under the terms of tilt. General Depositary Agreement
amounts necessary for current expenditures of any other project or enterprIte of
the.P11A, including any project or enterprise in which the Government has nofinanc
interest; Provided, however, that such deposits shall be lump -sum trans;ftrs fro:a
the depositaries of such other projects or enterprises, and shall in no event be
deposits of the direct revenues or receipts of such other projects or enterprises.
(c) If the PHA operates other projects or enterprises in which the Government has no
financial interest, it may, from time to timc, withdraw such amounts as the
Cove'nment may approve from monies on deposit under the Ge,eral Depositary Agree-
ment for deposit in and disbursement from a revolving fund provided for the pay-
ment of items chargeable in part to the Projects and in part to other projects or
enterprises of the PHA; Provided, however, that all deposits in such revolving
fund shall be lump -sum transfers from the depositaries of the related projur.ts or
enterprises and shall in no event be deposits of the direct rovenues of rccei.pla.
(d) The 1111A may estnbl.ish petty cash or chance funds in reasonahla amounts, fro,-,
monies on deposit under the General Depositary Agrue:.rent.
(e) In nb event shall the PHA withdraw from any of the fund:: or accounts nutho;.'i::ed
under this Section 2.1.5 amounts for the Projects or for any other project: or
enterprise in excess of the amount then on deposit in respect thereto.
2.16. DEFAULTS BY PIIA AND/011 OWN( ER.
(a) Ihi.Phts of. (honer if PHA Defaults Linder Apreeaent or Contract. (The provisions of
this liaragraph (a) shall not apply to any Existing (lousing Project.).
(1) In the event of failure of the P11A to Comply with the Al;recrwnt with the O.'Jel-
or if such Agreement is held to lie void, voidable or ultra vires, or if tl:e
power or right of the MIA to enter into such Al;rooment i. drat:•n into nuc.:;Ci.nr.
In any le.l;al proceeding, or if tine l'ilA ar.se•Ls ur cJsi:rs LLnt r.nch L;,r ._•.�
is lint binding upon the PPA for any such rear=en, chu Ccnvru:::onr.:.•.y, r.fte.rn4
notice to the PHA giving; it a roasonah.le op,ort:niity tn•t;il:: corrr:ctiv"• ;.'Lso•
(Ietern! ne that. the oecurc•nco of any such event r.o;n;:Litotes a So'.• I. -.iii:'' 1)%-; .
hereunder. khe.re the Gm•crn:aonl so determines, it may nssum:! t!te
and ubli.gat ions under :;nCh e-nl ;unJ V• M'y out I'h:• ohlir•,:tie:n:: t•f
under the Agrec:aonl, incluJin;; IhW ohJi^al Loi Lo Cane' into tltc: Gnuu•..rc.
III::e of thin SOclion 2.15 is optional.
�11111P Y%U'I:^ • an rv�m ��
MiLI(W ILiAED BY JORM 141CROLAB CEJAk RAPIDS AND Dt 'IG1a Jen
Ill'iit-52520 •.
Pn;;c S of 10 Patti.!;
(2) In the• ovr•ut of faIIure of tit,• VILI, to e1 r;+1.v cilh III(! Cont 1:1'.1 :.:;h 1!•,• t'.,..
or if such cont rar.t i= hc]J 1 ba void, vni""bio or ultra vi r,^., er if II:.
pouor or right. of the ;'iia to cnu:r Into such cont.rr:,:t is dr.r.:n in;., •t ;—
In any loi;al proccodiu;t, or 1f the 19A rt:; or c]::i t1: 1t ::uch C�a; r.'.,'I
not bi.uJi.ntt upon Chc ITA for illy such roa::on, mho Govcrnr:.ut t:ay, :1.i for noLi.
to the PHA giving it a reasnn;;bl e opportunity to rnhe cogged ive action,
detorclf.nc that tile uo o
e occurrccf auy such .wont cn:t:;that(':; Sul•stzMLisl
lleCaull hereunder, hllere Lh1- Gavc•r1::.:,•nt so doter.:air:os, it 5I::111 11AVU the
right to aSSUI:1e the ITA's rights and ohlil::ltio:tr uud,a' such Conlrnet., pet'fu;.
the obligations and enforce tl:a rir,hts Of LL,• PIIA, ::n e:<rrcis.• such ot.Lcr
poa•prs. Is t.11e Govcrnrl,•nt 1:a;r IInVe to r.urc the Default; hoc:wver whot!ivr or no;
the Goverm:eat elects to prLcced in th[S manner, 1.11^ GCWelrilf:,'ilt 511.].1., if it
determines that the Ocher is Uot in default, coutinac for the duration of
such Contract to pay Annual Contributions for the purpose of making housing
assistance payments with respect to dwelling units under such Contract.
(3) All rights and obligations of the PHA assumed by the Government pursuant to
this Section 2.16 (a) will be returned as constituted It the titre of. Such
return• (i) when the government is satisfied that all defaults have been cured
and that the Project will thereafter be administered in accordance with all
applicable requirements, or (ii) when the (lousing Pssistance Payments Contract.
is. at an end, whichever occurs sooner.
(4) The provisions of this Section 2.16(x) are made with, and for the benefit of,
the Owner, the PIIA (where it is the lender Ind then only in its capacity, as
lender), or the (hatter's other assignees, if any, who will have been Specific.,°
approved by the Government prior to such assignment. If such parties arc not.
in default, they may, i.n order to enforce the performance of these provisions.
(i) demand that the Government, after notice to the PIIA giving it a reasonablc.
opportunity to take corretive action, make a. determination' whether a Substan-
tial Default exists .tinder paragraph (a) (1) or (a) (2) of this Section, (ii)
if the Governrent determines that a Substantial -Default exists, demand that
the Government take the action authorized in paragraph (a) (1) or. (a) (2) and
(iii) proceed as against the Government by suit at law or in equity.
(5) The provisions of paragraphs (a) (1.), (3), and (4) of this Section shall be
included ill the Agreement and the provisions of paragraphs,(a) (2), (3), and
(4) of this Section shall be included in the Contract.
(b) Rights of Government if PIIA Defaults Under ACC, Agreement, or Contrnct.
(1) If the PIIA defaults in the observance or performance of the provisions of
Section 2.4; fails to comply with its obligations under any duly issued
Certificate of Family Participation iu accordance with its teras; fails t:o
comply Leith the rcquire:rcnts of Section 2.5, 2..6, 2.7, or 2.E; defaults in
performance or observnure of any other Corm, covenant, or concli.tion of this
ACC or of any oorm, covcntant:, or cn:tdition of any Contract or Acrcc,.•ent:;
fails, in the event of any def.iult by the O:aner, to enforce its ,rights under
the Agree;::ent or Contract: by way of, action to achieve co::,pl.i.nnce to the
satisfaction of the Governr.:ent or to terminate tile Ai;rac•:acnt or Contract in
whole or in part, as directed by the Government; or fails to comply with the
applicable provisions of the Act and the re,ulntion!; iscuod purscnnt Chcretn;
the GJVCL'I17leaL Imay, after notice to the IIIA f;].vi.ng it a reasonable opportunit•.
to take corrective action, determine that OIL"occurrence of any such event
constitutes a Substantial Default hereunder as to the Project:. Upon the
occurrence of a Substantial Default with respect to any Project, the 1111A shal1,.
if the Government so requires, assil;n to the Government all of its rights and
interests under the Agreement or Contract, including any foods, and Lila
Government shallcontinue to pay Annual. Contributions with respect to dwellit'
units covered by llou sing Assistance 1'ayc,ents Contracts in accordance with LLo
terms of this ACC and of t:uch Cnntraces until rca5signed to the
(2) All rights and obli.gntlons of the. PIIA assu:;cd by Lilo Govnrn-.,r•nt purnunnt to
this Section 2..16 (h) will he returned ns co:tstituL(-d at tl,U ticte of !;,ch
return (i.) wlivri Lite i.5 :.;,l i:,HLCI 11.:11. :111. Lr]aull:: 1•.':ve bc.•n ru,
and 0h:1t the Projar.t WM th,:rarlfIor be adu;u;stcrr•:I in accorll:n:ao with al]
applicable requirr.:,cuts, ur (ii.) v:ilon Iho Hclu•,iu;; i,sr:i r.f:our 1'; rent:.
Contract. Js al: nn end, whichevor occur:: ;:owner.
(c) 111,1;111.5 of )TA and Govi•rrrr.rnt if O.:ncr 11o4a011r, L111i,r Cnnu•r1cL. (mew Cu:1at:•I,%:;
attd SuhSl::nlial Rob,:hM[atkill Plt,jr:cln.)
JORM MICR6LAB
U'pmp 11.1M .';rc 'in14t':
MItAUFILMLU BY DORM MICROLAb
CEUAk RAPIUS ANU ULS
For Flev:'Construction and :::1'r::^.: tial 2chabilitation project-;, the C'n'r:,ct
shall contain the fcllcr::ir ;aavisioa:
"a. A default by the O'Mcl' under this Contract shall result if:
"(l ) The Ovner has violated or failed to compl;r vrith nn:,, nroviriion of.
or obligation under, this Contract or of any Lenre; o:
11(2) The 0••'•ner has nsscr'ed or deronstrnted an intention not to perform
some or all of his obligations wider this Contract or under anv Lease.
"b. Upon a determination by the PHA that a default has occurred, the PHA shall
notify the Ovrner, v:i.th a copy to the Government, of (1) the nature of
the default, (2) the actions required to be taken and the remedies to
be applied on account of the default (including actions by the Ovrner to
cure the default,and, v.here appropriate, abatement of housing, a.nsistance
payments in v:hole or in part and recovery of overpayr.:ents), and (3) the
time,within which the Urmer shall respond l^ith a shoving that he has
takeh all the actions required of him. If the Oyler fails to respond or
take action to the satisfaction of the -PRA and the Government, the PHA
shall have the right to terminate this Contract in whole or in part or
to take other corrective action to achieve compliance, in, its discretion
or as directed.by the Government.
"c. (The provisions of this paragraph c'shall apply only if the PFA is the
Lender.) Notwithstanding any other provisions of this Contract, in the
event the Government determines that the Ovmer is in default of his ob-
ligations under the Contract, the Government shall have the right, after
notice to the 0•rmer and the PHA giving them a reasonable opportwiity to
take corrective action, to abate or termindte housing assistance payments
and recover overpayments in accordance with the terms of the Contract.
In the event the Government takes any action under this Section, the Ovner
and the PHA hereby expressly agree to recognize the rights of the Government
to the same extent as if the action vrere taken by the PHA. The Government
shall not have the right to terminate the Contract except by proceeding
in accordance with Section 2.16 (b) of the ACC and paragraph b of this
Section."
(d) Rights of PITA if
is Under Contract (Existing, Housi
provisions:
"a. A default by the O'vmer under this Contract shall result if:
"C1) The D.vner has violated or failed to comply v$th any provision of,
or obligation under, this Contract or of any Lease; or
11(2) The Ovmcr has asserted or demonstrated an intention not to perform
some or all of his obligations under this Contract or under any Lease.
"b, Upon a de.terminntion by the PHA that a default has occurred, the PHA shall
notify the Ovmcr, with a copy to the Government, of (1) the :'mture of the
default, (2) the actions required to be taken and the remedies to be
applied on account of the default (including actions by the Osner to cure
the default, and, where appropriate, abatement of housing assistance
payments in whole or in part and recovery of overpayments), and (3) the
time vAthin which the goner shall respond vrith a sho-ring that he has
taken all the actions required of him. If the 0. -mer fails to respond or
take action to the satisfaction of the PHA and the Government, the PFIr
shall have the right to terminate this Contract. in whole or in part or to t�^.1
other corrective ac.ion to achieve compliance, in its diacre',ion nr
as directed by t'ne Goverpcent.
2..17. RMEDIES NOT P.Y.CLUSIVP AND 1!::1! ':J.71 iR Or If. 7DIEs-
The availability of any
ror.•edy provided
for in thin ACC
m•
in Uie Ccrtra:.
not preclude the excrci::c
of any other
remody under ti.t
/V:
nr !i:o
under any provisions of
]nv;, nor nh:l]
an;; action taken
in
the ex: rcise of nr;:
-ran:. ,I.•,,.. n:• In:rs
MILR& ILMLO BY JORM MICROLAB
CEUAk RAPIUS AND ut> AU,:IL" 'N41,
be dco::..' is ..._Cc: or .:'y `r tl. 3.3 ...
ICS;• i'1 f,!it 07 1•C:L^ .•I'L •„
.....,
or ally Otherrii:nt o,.. 1�...�•;:, 1•• ..
l
2.18• 1.,..... _.:.__ --- _ ___ — -•-------
(n) Velther the Y}i„ nor a:: of jtji
..r or a..,.. y•_:r:.., .:. cc :..
enter into all
r,?^•:ce c:' '.i.. ;'
0: ice•,
i'1 Y:;lle}S a::y C.c:'.:: i•:', •, _ , ,.
any Yrojo.ct, t?*;, ,: ;Lc i
meer of a:bthe ,c:erni::; Il'o le .a:'•-
situated, or ally l:.cm.1cr of thel.c:: c!' t];c l.ccali:;
an;; ot.:cr tn:' .ic officir.l Of such locality lna ti i• ::i:o
1 .. ..
lues activated, or i:^ i of
exercises a:'.y responsib:ilit.icn or fc::at.i.fnn ?:} 1ec'interent, dircot cr
during his tenure Or for one year t.o:ea.'--Ic:
If ally such presort or fc:':ccr
r..e:?,r:• officer, or c:cplOyr_' of the
indirect. I J
sue'.: oti:^"-r public cMCiA of c•1
PIU:, or ar.� such rovernir; boJ:: r::...:•-: or q acmlircd p:^'or to '-1-
locality or localities involunt-ril.;: eC,,-t ail. if in is i:rrcai; Lely
such into: est, r i;!,c NA,
beginning of his tenure any ente-ci tics
disclosed to ti:e PliA ordauprevalJofothe Gos -rr Oil >^nylly+a}ive the prchibi
the PHA, wi.h the p:' sucil Ol,csent tc.e:.'Tcr,
contained in thus subsection; Provided, 1:O crticipa,c in any
action by the PHA
officer, or employee of the P}L1 shall not pa
relating to such contract, subcontract, or arrangement.
n vAth any
(b) The PiUI shall insert in includedll contracts
plannedentered
tointo
includedeinoil:1 Prcject.,
Project or any property
trs to insert in each of its subcontrac s,
and shall require its contraco
the follov,2ng Previsions:
"1Jo member, officer, or, employee of the PHA, no member Of the goitulitl;
n Trr
body of the locality (city e:ld cowlty) in which the project is si.tuatrd,
no member of the govcr::ir_� body or t::c locality in whicu the A ..acc
s
and no other public cfficiel of such locality o: lo.to the
who exercises any functions or resuonsibilitics v:ith respect to the
project, during his tenm•e or for one year thereafter; shill.! have any
interest, direct or indirect, in this contract or any proceeds or
benefits arising therefrom,"
(c) The provisions of'the
foregtheoPsubsec
eposicar.y11AErcecaent,Clor Of this Section 2.7.8
shall not be ap, overnnental agency -
Service the rates for which are fi>:ed or coni.rolled by a g
CC:;i'1iSS.
I1;TT:iiS?
CLO. T° -- -
2.7.9.. . '
the CO:'. room of L::e L' d L
cd tater: or G.^+rice Or rc: idc.:
No mcalbcr of or delc3ncc t° s_ -.,.•c Or P`` -rt or ti:is GCC or to a:';;:
co:r:cisiol:e^ ^}:ail be ad: !fled to <^. ,
crise therefrom...
benefil.s Y:}lich --ay -
JORM MICR+LA6
f-r)Al' PM':1'. . :,r5. !inlS[5
! lCkOFILMED BY JORM 141CROLAB
��y�oWnj}�AA'
i # 11'EE'ri1V # S
'a. IIWIII f
bbaw A.
REGION VII
FIN"'
I Office Nu110Iny
911 Watt Street
Ranaaa City, Mluaud 6 106
CEDAR RAPIDS ANU uL5 MultiLz,, ;ul.
DEPARTM. i OF HOUSING AND URBAN DEVELC ENT
INSURING OF FICE
FEDERAL BUILDING, 710 WALNUT STREET
DES MOINES, IOWA 50709
April 14, 1978
Mr. Lyle Seydel
Housing Coordinator
Iowa City Housing Authority
Civic Center
412 E. Washington
Iowa City, Iowa 52240
SUBJECT: Annual Contributions Contract
Project No. IA05-EO22-001, 2, 3, 4, and 6
List No. KC -78-086
Contract No. KC -9033E
Dear Mr. Seydel:
IN REPLY REFER TOI
7.413
(Alphson
515-284-4599)
Enclosed find Annual Contributions Contract No. KC -9033E
together with Part I and II for Project No. IA05-EO22-001,
2, 3, 4, and 6.
Please have your agency execute in duplicate all agreements
simultaneously together with supporting documentation and
return them, undated, to the Des Moines Insuring Office.
After the Director has executed the contract, a fully executed
contract counterpart will be forwarded to your agency.
Please return the executed contract as soon as possible.
Should you have any questions, please call the undersigned
at 515-284-4599.
Si cerely 'yours
,
Joh A. Alphson, Jr,
Joh
rney-Advisor
Enclosures
yIT{•NM
E:kq:;!iFE
141CROFILMED BY
I
JORM MICR+LAE3
CCDAP IL4 P;7S AFS MOPICS
141LRUFILHED BY JORH MICROLAB It
*Ile
+11"R, 06s
REGION VII
Pn,rrxI WWII Iixihli.,
VII W'xlnxl Srreel
Run... COY, MI. ... 11 64101,
CEDAR RAPIDS AND UES 51UIIIL�, Wnt,
DEPARTME.. , OF HOUSING AND URBAN DEVELOr ...ENT
INSURING OFFICE
FEDERAL BUILDING, 210 WALNUT STREET
DES MOINES. I O'M A 50307
May 9, 1978
VI REPLY REFER T01
7.4G
(Alphson
515-284-4599)
Mr. Lyle Seydel
Housing Coordinator
Iowa City Housing Authority
Civic Center
412 E. Washington
Iowa City, Iowa 52240
i
SUBJECT: Substitute Annual Contributions Contract
Project No. IA05-EO22-001, 2, 3, 4, and 6
List No. KC -78-120, 119, 118, 086
Contract No. KC -9033E
Dear Mr. Seydel:
We are transmitting herewith a substitute Annual Contri-
butions Contract No. KC -9033E for the one sent you under
i date of April 14, 1978, to redistribute the number of
j units for the referenced project.
Please have your agency execute in duplicate all agreements
simultaneously together with supporting documentation and
return them, undated, to the Des Moines Insuring Office
for execution by the Director. A fully executed contrac4
counterpart will be returned to your agency.
Please return the executed contract as soon as possible.
Should you have any questions, please call the undersignE'
at 515-284-4599.
i
Sincerely ours,
Jon A. Alphson, Jr.
Attorney -Advisor
141CROMMCO BY
JORM MICR+LAM
ffnAlt It9P Lnc Pf5 MOI'IfS
z:<trco:":s
i
L'yr»
Hwv.-+,Rry
i rI
141t,R0FILMLD BY JORM MICROLAB
CEDAR RAPIOs AND uL'� -1u;..L
J„„
•, 'C .1 of 3 Pa, L•s
U. S. OF I'1l'SIaG ,.i;U Uli'tPd'i DEVEL0f!:;!Ir
SECTION 8 110' SING Ai;:;ISTANCE' PAVNI:NTS PR( RA_'l
i
^ MUSING
"I" I I.7U I
PAI:P I OF THE
ANNUAL CONPRIBUTIONS CONTRACT j
EFFECTIVE DATE:
(Date of execution by the Government or t11i5 ACC
Part I) /
MASTER SECTION 8 ACC "TER: NUMBER OF THIS ACC PART I:
KC -9033 KC -9033E
1.1
cc
I includes
Proiect Number:
IAOS-EO22-001
IAOS-BO22-002
IA05-EO22-003
IA05-EO22-004
IA05-EO22-006
ects:
The Existing (lousing
KC -76-124
KC -76-125
KC -76-126
KC -77-215
KC -78-086
UNITS
SOURCE
YEAR
CONTRACT
AUTHORITY
TER ty
IYEE CSI
^ BUDGET
AUTHORITY
/LOAN.
AUTHORITY
2 BR
123
sQ
17
4 BR
�S
5 BR
1
9W X) .
/5
2 BR (Elevator)
/ 15
(b)
Number of
Units (Bv
ize)
n Pr ram6
rhe aggrega
u e 1n�
ics Prcr
ecub
lb d.
i inr.
'
o un
under this ACC Part
Date of Approval
5/25/76
5/25/76
5/26/76
5/20/77
3/29/78
.e number of units by size
Size of Unit:
Number of Units:
Efficiency
13
1 BR
150
2 BR
123
3 BR
17
4 BR
5
5 BR
1
1 BR (Elevator)
10
2 BR (Elevator)
/ 15
(c) Maximum ACC Amount. T h maximum ACC amoun for all Program Expenditures in
respect to the aggregate number of units in these p jects (the Program) is
$ 704.•760 per y at; Provided, however that this amount shall be reduced
commensurately with any reduc Inn in the number of un'ts or changes in unit size. under
any provision of this ACC (s ee Section 1.4(a)).' The shall not enter into any
Contract or take any other action which will result in a claim for an Annual Contri-
bution in respect 'to the P>j6gram in excess of the amoun stated in this paragraph (c).
(d) PHA Obligation. The PHA, to the maximum extent feasible, shall enter into
Housing Assistance Payme is Contracts ("Contracts") in ac ordance with the numbers and
sizes of units and subj ct to the maximum ACC amount speci ied above.
(e) Meaning of 11 1110 as Used in Master ACC and Par II. For purposes of this
Part I ti,e term "Project" wherever used 1n the Master Sectio R ACC and in Part 11
shall mean all the /�kojects in the "Existing Housing Program.
1.2 Authorize- on of Actions b PHA. In order to carry oil' the Progrnn, the PHA
is authorized to/ a) enter into (lousing Assistance Payment's Con l mets, (b) make
housing assistants payments on behalf of Families, and (c) take 11. other necessary
actions all, in ceordance with the forms, conditions and requirem.nts proscribed or
approved by I'.h Government; Provided, however, that neither the PI nor the Go' rn-
mcnt shall ass nu: any obligation beyond that provided in Contracts in the form approved
by the Covera, vaL.
I41CROFILMED BY '
JORM MICRE,LAB
Ml t,kUf ILMLO BY JORM 1.11CROLAB
5252021
2 of 3 Pages
CLUAk RAPIOS AND UL
3 Term _of_ACC, Lcasc e;d (7onLn:n,,.t.
) Term of ACC, The Lcnn of this ACC shall be five years.
(b\duratio
of Lense snd Contract•. The terra of each Lcasc stall be for not 1 -, Liam
one' yeaore than three years, but: the Lease may contain a provision pe. it L.ir;
terminaon 30 days advance written notice by either party. 'file L,nn o c•r, ra
Contrac1 be for the term of the Lease, provided that if a Family con none:: !it
occupanr the expiration of the tenu on the same terns and con6itio s as the
origina(or changes thereto which have been approved I" the PtIA a d incor-
porated ontract where appropriate), the Contract shall continu in effect
for theion of such tenancy subject to the limitation in the nox sentence,
Any renf th Contract and Lease term, and any continuation of onancy beyond the
term, sn no ase extend beyond the term of this ACC.
1.4 Annual. Cont ibut'ion.
(a) Plotnaithstand ng any other provisions of this ACC (other than paragraph (c) of
this Section) or any p ovisions of any other contract- between t e Government and the
PM, the Government sha 1 not be obligated to make any Annual ontribution or any
other payment with respe t to any Fiscal Year in excess of tl amount stated in
Section 1.1(c).
(b) Subject to the max um dollar limitation in para raph (a) of this Section,
the Government shall pay for ach Fiscal Year an Annual ontribution to the PHA
in respect to the Program in amount equal to the sum of the following'(subjecL to
reduction by the amount of any rogram Receipts other han Annual Contributions, which
Receipts shall be available for rogram Expenditures)
(1) The amount of housing ass stance payments ayable during the Fiscal Year
(see Section 1.5) by the PHA pursua t to the Contr ct, as authorized in Section.l.2.
(2) The allowance, in the a\mount b the Government, for preliminary costs
of administration.
(3) The allowance, in the amount ao ov by the Government, for regular costs of
administration, including costs of Cover -required audits of 0wners and the PITA.
(c) (1) An ACC resAhb
e account will a stablished and maintained by the Govern-
ment, as a specificallyentified and s gre ted account, in an amount as determined by
the Government consistith its resp ns*b' 'ties under section 8(c)(6) of the Art.
To the extent funds arailable in s id accou t, the Annual Contribution for any Fiscal
Year may exceed.the maamount st ted in pa graph (a) of this Section by such
amount, if any, as may required f r increases eflected in the estimates of required
Annual Contribution appable to s ch Fiscal. Yea as approved by the Government in
accordance with Sectio11 below
(2) The Governmenll tak such additional st s authorized by section 8(c)(6)
of the Act as may be nsary o assure availability f funds to cover increases in
housing assistance payms on a timely basis as a res t of increases in Contract
Rents or decreases in ly .ncomes.(d) The Government make periodic payments on ac unt of each Annual Contri-
bution upon requisitioefor by the PHA in the form pr scribed by the Government.
Each requisition shallude certifications by the PHA til t housing assi.sLance
payments have been or be made only:(1) In accordanceh the provisions of the Contracts; a d
(2) With respec to units which the PHA has inspected or ca sed to be inspected,
pursuant to Section .4 of Part II of this ACC, within one year p for to the making
of such housing ass stance payments.
(a) Fo7.lowin, t:ha end of each Fiscal Year, the PIiA shall preanL y pay to Chr.
Government, unto s other disposition is approved by the Government, Lle amount, i.f
nny, by whichi
c total amount of the periodic payments during the Ti. al fear exceeds
the total amoof the Annual ContribuLiun payable for such Fiscal. 1'a in nccordanccwith this Secn.
1..5 Pi. cal fern:. The Fiscal. Year for the Program shall be the Fiscal car vs-
tnbli.shad ,y Soctiun 0.3 of this ACC; Provided, however, thet the. first Fns al 'er;u
for Cha I' -C. cl sl•:rll be Che period beginning with Che effective date of t:hi. ACC I' rt 1.
iv �nm uncu ui . ;'t
DORM MICRO LAB
MICROFILME0 BY JORM MICROLAB • CEDAR RAPIDS AND UCS NUINLj, iuva,
SECTION B ANNUAL CONTRIBUTIONS
ATTACHMENT A /
ACC Contract Number Date X80 List Nu
KC -9033E 1/ 6 KC -7 48
KC -9033E 17/76 KC -76-12
KC -9033E 7/1/76 KC -76-125
KC -9033 7/1/76 KC -76-126
KC -9 E 6/16/77 KC -77-215
KCX033E KC -78-086
crOAR QAMS . PFs M014rs
Date project e
1/2/76 Existing
5/25/76 Existing
5/25/76 Existing
/26/76 Existing
5 77 Existing Conversion
3/29 Existing
8
MILRUF1Li-ILD BY JORM MICROLAB
a_ry
CEDAR RAPIDS AND ULS AUUIL�. •u+
INSTRUCTIONS
FOR SUBMISSION
OF
ANNUAL CONTRIBUTIONS CONTRACT DOCUMENTS
The enclosed documents are to be processed by the Local
Authority as follows:
1. ANNUAL CONTRIBUTIONS CONTRACT. Return two (2) a ecuted
undated copies, including the origina or ri on copies.
The Annual Contributions Contract will be dated when
executed on behalf of the Government, and a fully
executed copy will be sent to you.
2. TRANSCRIPT OF THE LOCAL AUTHORITY PROCEEDINGS. Return
two (2) certified copies of the complete transcript o
t e Local Aut ority's proceedings adopting a Resolution
Authorizing the Execution of the Annual Contributions
Contract.
3. GENERAL CERTIFICATE. Return two (2) executed copies
of the General Certificater�ouj t own to current ate
from the date of your last submission.
*If a special meeting is held, please be sure that all the
Commissioners sign the Waiver of Notice on the face of the
minutes whether they are present at the meeting or not. ,
N
MICROMMED BY
JORM MICR�LAB
CI'I)AP RN'i7S M01 -If P.
Ono 3