HomeMy WebLinkAbout1982-08-17 Resolution1
RESOLUTION NO. 82-211
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made appli-
cation and paid the mulct tax required by law for the sale of
cigarettes and cigarette papers; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the applications be granted and the City Clerk be and he/she
is hereby directed to issue a permit to the following named
persons and firms to sell cigarette papers and cigarettes:
Stop Gap, 105 E. Burlington St.
Ogden Food Service Corp., 1230 Baker St.
It was moved by Balmer and seconded by McDonald
that the Resolution as read be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
Balmer X
I
Lynch X
Erdahl X
Neuhauser X
Perret X
Dickson X
McDonald X
Passed and approved this 17th day of August ,
19 82 l
Mayor pro tem
Attest:
r °_r�
City Clerk '
1393
1
MICROFILMED BY
' -DORM MIC R�LAB
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CEDAR AAI/IDS DES MOIRES
s
RESOLUTION NO. 82-212
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Dancing Permit as provided by law is hereby granted
to the following named person and at the following described
locations upon his filing an application, having endorsed
thereon the certificates of the proper city officials as to
having complied with all regulations and ordinances, and
having a valid Class "B" Beer Permit, to wit:
Highlander, Inc. dba The Highlander Inn & Supper Club, Route N2
Iowa City Moose Lodge #9096 dba Iowa City Moose Lodge #9096,
2910 Muscatine Ave.
It was moved by Balmer and seconded by McDonald
i that the Resolution as read e adopted, and upon rol ca t ere
1
were:
AYES: NAYS: ABSENT:
I
Balmer x
Dickson x
Erdahl x
Neuhauser x
Perret x
Lynch x
McDonald x
Passed and approved this 17th day of August r
1982 -I
!� Mayor Pro tem
Attest: lam!
City.Clerk
139lf
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/ MICROFILMED BY
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1 - JORM MIC RdLAB 1
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/ I CEDAR RAPIDS DES M019ES
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RESOLUTION NO. 82-213
RESOLUTION TO REFUND CIGARETTE PERMIT
WHEREAS, Chuck's Clark at 504 E. Burlington
in Iowa City, Iowa, has surrendered cigarette permit No. 83-96 , expiring
June 30th , 19 83 and requests a refund on the unused portion
thereof, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette
permit No. 83-96 issued to Chuck's Clark
be cancelled, and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby
i
authorised and directed to draw a warrant on the General Fund in the amount of
g 75.00 payable •to Charles Christensen
as a refund on cigarette permit No. 83-96
It was moved by Balmer and seconded by McDonald that
the Resolution as read be adopted, and upon roll call,,there were:
I
AYEg: NAYS: ABSENT:
Balmer
x
D4ckson x
Erdahl x
Neuhauser x
Perret _ x
McDonald x
Lynch x
Passed and approved this 17th day of August 19 82
L ate, d Int —
Mayorpro tem
Attest: ,�� _ ,� ��
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� 13 95
I/ 141CROrIL14ED BY
i
' JORM MICR6LAB-
j CEDAR RAPIDS • DES MOINES
RESOLUTION NO. 82-214
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
SONTHWFST INTERCEPTOR SEWER RFP819
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING
CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction of the above-named project is to be
held on the 31st day of August , 1982 , at 7:30 p.m. in the Council
Chambers, Civic Center, Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice
of the public hearing for the construction of the above-named project in a
newspaper published at least once weekly and having a general circulation in the
city, not less than four (4) nor more than twenty (20) days before said hearing. i
3. That the plans, specifications, form of contract, and estimate of cost
for the construction of the above named project are hereby ordered placed on
file by the City Engineer in the office of the City Clerk for public inspection.
It was moved by Balmer and seconded by McDonald that the
resolution as read be a opte , an upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x Dickson
x Erdahl
x Lynch
x McDonald
x Neuhauser
x Perret
Passed and approved this 17th day of August 1982 .
�a11►f d TLYQ_
MAYORpra lem
ATTEST:
CITY CLERK
By The
G AN1oYdV#t1
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IIICROEILMED BY
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--JORM MICREILAB- i
CEDAR RAPIDS • DES MOINES
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RESOLUTION NO. 82-215
CORRECTIVE RESOLUTION REGARDING THE PRELIMINARY
AND FINAL PLAT OF ASPEN LAKE SUBDIVISION
WHEREAS, on April 13, 1982, the City Council of the City of Iowa City, Iowa,
adopted Resolution No. 82-86 which approved the preliminary and final plat and
subdivision of Aspen Lake Subdivision, an addition to the City of Iowa City,
Iowa, and accepted the dedication of the streets, sidewalks, walkways, and
easements set out therein; and
WHEREAS, the legal description contained in Resolution No. 82-86 did not
accurately describe the real estate included in the subdivision; and
WHEREAS, it is necessary to correct the legal description in Resolution No. 82-
86 in order to clarify the legal title to Aspen Lake Subdivision;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the legal description in Resolution No. 82-86 is amended, the
preliminary and final plat and subdivision of Aspen Lake Subdivision are
approved, and the dedication of the streets, sidewalks, walkways, and
easements set out therein are accepted all as to the following described
premises located in Iowa City, Johnson County, Iowa:
Commencing at the Southeast corner of the Southwest Quarter of the
Northwest Quarter of Section 17, Township 79 North, Range 6 West of
the Fifth Principal Meridian; thence N 00°13'31" W, 1875.00 feet on
the Center line of Mormon Trek Boulevard; thence West, 1015.41 feet;
thence S 4154103" E, 719.83 feet; thence S 4°54103" E, 173.43 feet to
the Point of Beginning; thence East 218.60 feet; thence S 0°13'31" E,
988.64 feet to the South line of the Southwest Quarter of the
Northwest Quarter of said Section 17; thence S 89°42'44" W, 595.17
feet to the Southwest corner of the Northwest Quarter of said Section
17; thence N 0016'31" W, 1024.63 feet on the West line of the
Northwest Quarter of said Section 17; thence East, 120.20 feet; thence
South 33.00 feet; thence East 257.40 feet to the Point of Beginning.
Said Aspen Lake Subdivision contains 13.62 acres.
2. That Resolution No. 82-86 remains in full force and effect except as
amended by this Resolution to correct the legal description of Aspen
Lake Subdivision.
3. The City Clerk of the City of Iowa City, Iowa, is authorized and
directed to certify a copy of this Resolution to the office of the
County Recorder for Johnson County, Iowa.
MICROFILMED BY �
� JORM MICREILA13
CEDAR RAPIDS DES MOINES I
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It was moved by Balmer „Id seconded by
Lynch the Resolution be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
x Balmer
x Dickson
x Erdahl
x Lynch
x McDonald
x Neuhauser
x Perret
Passed and approved this 17th day of August 1982.
i
MAYOR pro' 4 tem
ATTEST:
CITY CLERK
Received & Approved
By The Legal Department
8 to 6z.
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141CROrIL14ED BY
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JORM-MICR#L:AB\� CEDAR RAPIDS DES 1401 YES i .
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RESOLUTION NO. 82-216
A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE WITH THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THE 1979 HOLD -
HARMLESS COMMUNITY DEVELOPMENT BLOCK GRANT GRANTEE PERFORMANCE
REPORT, AND DIRECTING _ THE CITY MANAGER TO CONTINUE THE
SUBMISSION PROCESS BY COMPLETING THE A-95 REVIEW AND SUBMITTING
THE GRANTEE PERFORMANCE REPORT TO THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CITY, IOWA:
1. That the City Manager is authorized to file with the Department of
Housing and Urban Development the 1979 Hold -Harmless Community
Development Block Grant Grantee Performance Report, and
2. That the City Manager is directed to complete the A-95 review process
and submit the Grantee Performance Report to the Department of
Housing and Urban Development.
It was moved by McDonald and seconded by
Dickson the Resolution be adopted, and upon roll call there
were:
AYES:
NAYS: ABSENT:
x
Balmer
x
Dickson
—_ —� Erdahl
x
Lynch
x
McDonald
x Neuhauser
Perret
Passed and approved this 17th day of August , 1982.
I t&,U 1 d Lmt
MAYOR-r0{tem
ATTEST:
CITY CER
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141CROFILMED BY
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CEDAR RAPIDS DES M01 ES r
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OMB N•.03J11f04
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
GRANTEE PERFORMANCE REPORT
1. Now of Gramme 2. Address of Grantee 3. Grant Number
' Ci VI, Center
City of Iowa City 410 E. Washington St. B -79 -HN -19-0005
Iowa City, Iowa 52240
4. Person Who Can Best Answer Ouestians About This Report S. Telephone Number
James A. Hencin, CDBG Program Coordinator (319)356-5244
6. This Report consists of Me following foam Mowing progress schiaved Nrouyl
1 July 1981 - 30 June 1982
- Project Progress IHUD-4950.2).
- Status of Funds (HU0495D.31•
- Area Benefit IHUD4950.41.
- Direct Benin Anivitin (HU0 4950.51.
- Housing Anistance Performance - pan 1 (HUO4950.61.
- Housing Assi,tarKa PMamvais, - Part 11 (HU0 4950.71.
- Housing Ce pornnitin - pan I (14UD4950.81•
- Housing Opportunities - Part 11 (HU04950.91.
- Displacement IHUD4950.101.
7. Citizen's Written Comments:
1
Submitted to HUD with this Grantee Performance Report an: (1l a copy of each written citizen comment on the qn mI
community development Performance which win received during the mmt recently completed Community Deealopment
Block Grant Program year. (2) Me grantees auestment of the comment. and 13) a description of any action taken or to be
taken in rnoonn to the comment. Is raRuirad by Section 104 fill of the Housing and Community Development Act of
1974, n amended, and by 24 CFR 570.906 (a) (3).
B. The grant"', authorized official representative cenifin that:
01 This report contain,all items Identified in items 6 and 7 above,
(b) To the best of hidher knowledge and belief it,, dna in MIs report is true and correct in of the date In Item 6.
lel Copies of wrinen citizen comments an the grantee', community development performance are available for public
inspection in =Milan" with 24 CFR 570.30311) (2) (.11.
(dl The record, dwnbed In 24 CFR Part 570.907 are being maintained and will be made available upon raRueat.
(e) Federal assistance made avaitable under the Community Development Block Grant (CDBG) Program hes not been
utilized to reduce substantially the amount of local financial support for Community development aMIvJUn balm.
the Istel Of such Support prior to the elan of the mint recently c=Pleted CDBG program year.
9. Typed Name and Tide of Authorized Official Reprnentative
Neal G. Berlin, City Manager
10. siomtun / 11. Data
L— - 27 July 1982
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US DEPARTMENT OF HOUSING AND URBAN UtvtLo, mVo
COMMUNITY DEVELOPMENT BLOCK GRANT PIIOGIIAAI ] Gl,nl Num[
GRANTEE PERFORMANCE REPORT
PROJECT PROGRESS
CDBG A..M NnKWNX
Env phip.1 N.me foul Le unuw�dK.J UnvuutK.d
%�dl Kl Hn rtW Ggnpnlll nl
All -Inn Lllxn.�.J Ilu l,l Oofi,ionl 60 ---
I I PA out Chniowenl Allmlh, C.I.
P.Y. .. dl.... P.IIN
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City of Iowa City
B -79 -HN -19-0005
TYp• of Pmducl and Unit of MI
GV n• T:4
11.0drraa,
Sulu,
L.11hnno Y
.96,238
NI
Jf
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1
Inl
1,
Neighborhood Strategy Area
1
1
FR
D. Flood Control -
315,775
19,
1
7/78
Purchase land for and constructater
sth branch
Advertise for bids -
0
1
detention facility on
Construct dam -
of Ralston Creek.
FR
F. (lousing Rehabilitation -
50,220
50,
7/78
Provide forgiveable loans for low and
1
,
moderate income residents.
Administer the completion of U.
N/A
2.
EX
Urban Renewal Completion
R. programs. Monitor the sale
A. Administer the disposition and redevelopment
6,635
6,
and redevelopment of 2 parcels
of the remaining urban renewal parcels located
of land.
between Burlington and Washington; Gilbert and
_
-
Clinton Streets.
50
50
B. Conversion of electric utilities -
118,329
118,
Underground utility wires in a four block
trical service.
area.
Complete renovation and rehabili-
100%
100%
243,826
243..
3.
FR
9/79
Senior Center
Purchase Clffice and parking
lInto sa
; '
296,238
renovation Senior Citizenst cnterxfor
"Project reprogrammed to Metro
Total
734,785
438
P.Y. .. dl.... P.IIN
Ilk
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City of Iowa City
B -79 -HN -19-0005
TYp• of Pmducl and Unit of MI
GV n• T:4
11.0drraa,
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Construct. 1 stormwater detention
.96,238
facility (dam).
1
1
j
Prepare Engineering plan -
1
1
Prepare document for bids -
1
1
i
Advertise for bids -
0
1
Construct dam -
Rehabilitate 2 CDBG units.
2
2
1
,
Administer the completion of U.
N/A
N/A'
i
.
R. programs. Monitor the sale
,
and redevelopment of 2 parcels
of land.
_
-
50 buildings in 4 alleys were
50
50
converted to underground elec-
trical service.
Complete renovation and rehabili-
100%
100%
tation of old Post Office.
; '
296,238
"Project reprogrammed to Metro
Entitlement Program.
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Program Income:
Sales Tax Refunds, Overpayments, Mscl. 1,503.40
Historic Preservation Grant 23,000.00
cY uo Y
MIS No g3 R 152
U.S. OF AN DEVELOPMENT
I. N,m, dl Gums,
DEVELEPARTMENT
COMMUNITYOPMENT 8LOCKOAND
COMMUNITY OEVELOPMENi BLOCK WANT POOGMM
T PROGRAM
GRANTEE PERFORMANCE REPORT
City of Iowa City
STATUS OF FUNDS
3. G'.,, N.non,
B— 79-IIN-19-0005 B-
3 Avw,I P'Wsnn Compbl,E
O ❑
❑,
COBG
Fund,l KIW
Y tl10Mp1( COED
Fund, Im lAopnb.l
m d.11.1.1
COBG
Funds lin lnmunb.1dWlMl
TOW
plM,bd
E,Pmd,
Ilun,
UnIIW10 Unoplb To1N
,nd OGll. y,nd EUYn.'.
6PmC.
Unll.uld
UnoOIP
TO"d
4P.nd.
UWlduld
Un[OII.
Cars,
Mlldnl B,I,n<, C.O.
Ilum
.Nd O.11
1 C
glMnmd
Ilum
wSMI.
ylldn,
gown„
Cd,l.
so...
IPI
C
!JI !FI
IFI
IFI
!AI
PI
!Il
!AI
pl
• In
III OPO
734,785
438,547
296,238
-
A. Adpq
CO,1,
A.PCn.aP
2,939,619
2,939,619
C"
Also. Al,ud
5. Amnnlg Unum
E.,n.nnmlW No, Coo,
9.855
-
-
9,855
e Nn.nl Aom�nm,nm
Cmu
14,336
4,910
-
9,426
1. GOn11� In and Ldrl
ooudn Fmd,
8,863
8,863
L TOTALS
3,707,458
3,383,076
296,238
28,144
F A7TAC/ISp/!OL'ICOFfFOfpAAIINCOME P!'p /NS7R UCf/ONS
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Iowa City
-19-0005
RCENT OF PROTECT AREA RESIDENTS MO ARE:
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T COMMUNITY DEVELO MEINT BLOCK GRANNG AND UR DAN T PROGRAM
GRANTEE PERFORMANCE REPORT
I. N.. el Gr.nl..
City of
Iowa City
T. GrMI NMnbr B-19-IIN-19-0009
DIRECT BENEFIT ACTIVITIES
M1rc.nl of
TOlM NumMr010b.MNMkWb
lCtlumnd
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An:
TOTAL
NUMBER
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Nnie
PROJECT
PROJECT NAME
DIRECT BENEFIT ACTIVITY
OF DIRECT
BENEFI•
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NUMBER
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Neighborhood Strategy AreasF.
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50%
100%
0%
Housing Rehabilitation Grants/Loans
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HU W V.0611-0DI
P.PF_ol__P.p.
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HOUSING ASSISTANCE PERFORMANCE PART 1
Narrative:
Through the 1982 Metropolitan Entitlement CDBG Program, Iowa City has
allocated $75,000 in funding for use in public housing. This funding will
be used for a variety of purposes including land acquisition and financial
leveraging. The Iowa City Housing Authority has allocated the $75,000 to
write down the cost of land acquisition for a 20 unit Turnkey public
housing project. Approximately $66,600 will be returned from the use of
these funds. The recaptured $66,600 will be used to subsidize 30 units of
Section 8 moderate rehabilitation allocated to Iowa City. The subsidy
will be in the form of principal reduction loans to reduce the cost of
rehabilitating property in the Moderate Rehabilitation Program. This
program will be very similar to HUD's experimental Rental Rehabilitation
Program.
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U.S. DEPARTMENT OF MOUSING ANUURBAN OEVELMMENT
1. N. fG"""` City ofElowaCityBLOCK
GRANT PROGRAM
T•G""'Niin°•'
GRANTEE PERFORMANCE REPORT
MOUSING ASSISTANCE PERFORMANCE - PART it
3. STATUS OF FIRM FINANCIAL COMMITMENTS(NUOAtwM M*Cwsr cfln MGSuwun(W RYrEINYNPnI
G"YI
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Numbr
CYnmlt• NOW
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Nu~
Tlct
I.I.R.1Um'
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82-301-4
CDBG Loans/Grants
1
5
1
6/82
6/82
82-304-4
CDBG Loans/Grants
1
5
1
4/82
4/82
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a NDUR BAN DEVELOPMENT
U.S. DEPARTWENTDEVELO No
COMWNITY DEVELOPMENT DLOCK GRANTPROGRAM
1•N•"`•ol Gnmw
City Of Iowa City
GRANTEE PERFORANCE REPORT
p. G„nl Nu;;;;,—
um;„HOUSING 8 -79 -HN -19-000$
HOUSINGOPPORTUNITIES — PART I
]. ACTIONS TO AFFIRMATIVELY FURTHER FAIR NOOSING
ACTIONSTAKEN
RESULTS
a. Seek Human Rights Ordinance certifica-
tion of substantial equivalency with
a. HUD's Office of General Counsel deter -
the Federal Fair Housing Law.
mined that the City of Iowa City's non -
discrimination ordinance provides (with
in the area of housing) rights and re.
medies substantially equivalent to
Title VIII of the Civil Rights Act of
1968, as amended. A notice to this
effect was published in the May 12,
1982 Federal Register. The City is
currently working on a Memo of Under-
standing with the Regional Office.
b. Support the Iowa City Human Rights Com-
mission (HRC) and investigate housing
b. The City budgeted approximately $21,000
in
discrimination complaints.
FYB1-82 for the HRC, including Sala
for a Civil Rights Specialist. Seven
(7) housing discrimination complaints
were filed in 1981.
c. Conduct a public education program: news-
letters, brochures, public service
c. A newsletter is published approximately
an-
nouncements relating to non-discrimination.
quarterly and circulated to a broad
local audience. A brochure is made
available at numerous public places.
Local radio stations started public
service announcements beginning in
Spring '1981. In addition, members of
the HRC are available to speak on hous-
ing non-discrimination.
d. Revise fair housing poster.
d. New posters, supplied by the City, were
distributed to local realtors June 1981
e. Place housing non-discrimination
e. Posters were placed in all Iowa City
posters in City buses.
Transit buses April 1981.
A. AMONS TO INCREASE HOUSING OIPORTUNITIES FOR LOWER-INCOME
HOUSEHOLDS
a. Participate in Areawide Housing
Opportunity Plan (AHOP).
a. The City participated with East Central
Iowa COG in developing an AHOP. Due to
funding cut-backs to APO's, the AHOP was
terminated September 1981.
b. Prepare a Mobile Home Ordinance (MHO).
b. The City redrafted a MHO, originally
part of a draft new Zoning Ordinance.
Adoption of the MHO (in 1982) is one
way of increasing the supply of low-
cost housing in the City.
c. Conduct a congregate housing work-
shop,
c. A community workshop on congregate
housing for the elderly was sponsored
by the Iowa City Housing Commission
in September 1981. Specific recommence
tions for developing congregate housing
as a public-private venture will be
forthcoming during Fall 1982.
d. Revise the Housing Information
d. First published by the City in 1979,
Pamphlet.
the Pamphlet is a consolidated source
of information on public and private
housing resources for lower-income
Persons. Information was up -dated in
December 1981; printed pamphlets are
currently available.
e. Provide relocation assistance.
e. The City provided relocation services
and financial assistance to all lower-
incomepersons displaced by CDBG- and
EPA- funded projects.
- continued on attached page.
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MICROFILMED BY
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ATTACHMENT TO: HOUSING OPPORTUNITIES - PART I
4. Actions to Increase Housing Opportunities for Lower -Income Households.
f. Administer Section 8 -Existing f. Through inter -local agreements, the
housing on a county -wide basis. City administers a Section 8 -Existing
program in all towns and the unincor-
porated parts of Johnson County.
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City of Iowa City
U.S. DEPARTMENT OF HOUSING ANDURDANOEVELOPMENT
ELOCN GRANT PHOGR AM
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ppdMUNIIY DEVELOPMENT
GRANTEE PERFORANCE REPORT
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Attachment to Grantee Performance Report
1979 Hold Harmless Community Development Block Grant Program
Citizen Comments:
During 1981-82 (the extension year for the 1979 Hold Harmless CDBG
program) the City of Iowa City was involved in completing four major
projects. These four projects were Ralston Creek flood control,
housing rehabilitation, urban renewal and the senior center. Three
of these four projects have now been completed.
i
During the past year no citizen comments regarding these projects
were submitted to the Committee on Community Needs (citizen's
advisory committee), the City Council or the CDBG staff.
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RESOLUTION NO. 82-217
RESOLUTION ADOPTING POLICY REGARDING IMPOSITION OF MANDATORY
SUSPENSION OR REVOCATION OF BEER PERMITS OR LIQUOR LICENSES
WHEREAS, Section 123.50(3), Code of Iowa, provides for mandatory suspension or
revocation penalties to be assessed by the local authority in the event a
licensee, beer permittee, or.employee of such license or permittee is convicted
of a violation of Section 123.49, subsection 2, paragraph "h," or a retail beer
permittee is convicted of a violation of paragraph "i" of such subsection, and
WHEREAS, the Code of Iowa does not specify at what time after conviction said
mandatory penalties are to be imposed, and
WHEREAS, the City of Iowa City desires to adopt a consistent policy regarding
when said penalties shall be imposed after conviction.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA:
That the City Council of the City of Iowa City, Iowa, hereby adopts the
following policy regarding the time of imposition of the mandatory penalties
provided in Section 123.50(3), Code of Iowa:
In the event any licensee, beer permittee, or employee of such licensee or
permittee shall be convicted of a violation of section 123.49, subsection
2, paragraph "h," or a retail beer permittee shall be convicted of a
violation of paragraph "i" of such subsection, the City Council of the City
of Iowa City shall, at its next regular Council meeting after said
conviction, order the applicable mandatory penalty, as provided in Section
123.50(3), Code of Iowa, to be assessed against the violator effective at
6:00 a.m. on the next weekday following said Council meeting.
It was moved by McDonald and seconded by Dickson the Resolution
be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
' x _ Dickson
x Erdahl
x Lynch
X McDonald
x Neuhauser
_ x Perret
Passed and approved this 17th day of August 1I1982.
�U t a �YYti�
MAYOR pro fe•-
ATTEST:
CITY CLERK
Received & Approved
By he Legal Department
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RESOLUTION NO. 82-218
RESOLUTION AUTHORIZING THE SUSPENSION OF THE CLASS B BEER PERMIT
NO. BB -5052, HELD BY FOUR CUSHIONS, INC., DBA AS STAR PORT, 18-20
S. CLINTON STREET, IOWA CITY, IOWA.
WHEREAS, Four Cushions, Inc., dba Star Port, 18-20 S. Clinton Street, Iowa
City, is the holder of a Class B Beer Permit, Number BB -5052, and
WHEREAS, said beer licensee's employee was convicted on June 16, 1982, in
Magistrate Court in Johnson County, Iowa ( M102T405A), to a charge of
selling beer to a minor on February 26, 1982, in the licensed
establishment, Star Port, 18-20 S. Clinton Street, Iowa City, contra to
Section 123.49(2)(h) of the Code of Iowa, and
WHEREAS, Section 123.50, subsection 3(a), Code of Iowa, provides in
pertinent part that if any licensee or employee of such licensee shall be
convicted of a violation of Section 123.49(2)(h), the local authority
shall, upon a first conviction, suspend the violator's beer permit for a
period of fourteen days.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA:
1. That the Beer Permit, No. BB -5052, held by Four Cushions, Inc., dba
Star Port, 18-20 S. Clinton Street, Iowa City, Iowa, shall be
suspended for a fourteen day period beginning at 6:00 a.m. on
August 18, 1982, and ending at 6:00 a.m. on September 1, 1982.
2. That the City Clerk be directed to mail a copy of this resolution to
the Iowa Beer and Liquor Control Department, 1918 S.E. Hulsizer
Avenue, Ankeny,—Iowa 50021, and to Four Cushions, Inc., 18-20 S.
Clinton, Iowa City, Iowa.
It was moved by McDonald and seconded by
Balmer the Resolution be adapted, and upon roll call there
were:
AYES: NAYS: ABSENT:
x Balmer
x Dickson
x Erdahl
_ ABSTAIN Lynch
x McDonald
_ X Neuhauser
x Perret
Passed and approved this 17th day of August 1982
MAYOR pro Tom
ATTEST: ��� J 1'7.6
CITY CLERK
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RESOLUTION NO. 82-219
A RESOLUTION AUTHORIZING THE EXECUTION OF THE URBAN MASS
TRANSPORTATION CAPITAL GRANT CONTRACT AMENDMENT
WHEREAS, the United States of America by and through the Urban Mass
Transportation Administration, Department of Transportation, offers
financial assistance to local public authorities in the form of a capital
grant under the Urban Mass Transportation Act of 1964, as amended, to
provide for the undertaking of an urban mass transportation capital
improvement project, and
WHEREAS, in June, 1980, the City, as authorized by Resolution No. 80-229,
executed a grant with the United States of America for an urban mass
transportation capital improvement project involving the purchase of four
buses, and
WHEREAS, the City has applied for an amendment to alter the project
description in order to authorize the purchase of four standard sized non -
accessible buses rather than four standard sized lift -equipped buses, and
WHEREAS, said application has been approved and said project alteration is
incorporated in the amendatory agreement, attached to this Resolution and
by this reference made a part hereof, and
WHEREAS, no change in project funding will be necessary to effect the
project alteration, and
WHEREAS, the City Council of the City of Iowa City deems it in the public
interest to accept the United States government's offer and the terms and
conditions of said offer as set forth in the attached contract amendment.
BE IT NOW RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that
the Mayor be authorized to execute and the City Clerk be directed to
certify the attached contract amendment.
It was moved by Balmer
and seconded by McDonald the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x Dickson
X_ Erdahl
-x Lynch
x McDonald
Neuhauser
x Perret
Passed and approved this 17th day of August , 1982•
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Resolution No"�2-219
Page 2
�TiUL�
MAYOR pro fem
ATTEST: &e—k
CITY CLERK
Received $ Approved
By The Legal
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UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
URBAN MASS TRANSPORTATION ADMINISTRATION
NOTIFICATION OF GRANT APPROVAL
49 U.S.C. 9 1602
(SECTION 3 - CAPITAL ASSISTANCE)
AMENDATORY AGREEMENT
Project No. IA -03-0032
Amendment No. 01
GRANTEE: Iowa City, Iowa
PURPOSE OF THIS AMENDMENT: To alter the project description in order to
authorize the purchase of four (4) standard sized non -accessible buses
rather than four (4) standard sized lift -equipped buses. No change in project
funding will be necessary.
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ESTIMATED TOTAL PROJECT COST AFTER THIS AMENDMENT: $624,965 (Six Hundred Wenty-Four
Thousand, Nine Hundred Sixty -Five)
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ESTIMATED NET PROJECT COST AFTER THIS AMENDMENT: $623,965 (Six Hundred Twenty -Three'
Thousand, Nine Hundred Sixty -Five)
MAXIMUM FEDERAL SHARE AFTER THIS AMENDMENT: $499,172 (Four Hundred Ninety -Nine
Thousand, One Hundred Seventy -Two)
OBLIGATION DATE OF ORIGINAL. AGREEMENT AND DATE(S) OF AMENDMENT(S):
i Original:- April 24, 1980 This Amendment: May 21, 1982
i SOURCES OF FEDERAL FINANCIAL ASSISTANCE:
Code Year Fund Code Description Amount
31.10.10.00 1980 BFA Urban Discretionary $ 499,172
DATE OF SECTION 13(c) CERTIFICATION LETTER FROM THE DEPARTMENT OF LABOR:
Original Applicattion: September 20, 1979, This Amendment: February 18, 1982
Revised Application: February 22, 1980
PROJECT DESCRIPTION AFTER THIS AMENDMENT:
a) Purchase of two (2) 401, 45-53 passenger A/C diesel transit buses
with fareboxes
b) Purchase of two (2) 351, 41-45 passenger A/C
c) Purchase of one (1) 12 -passenger gasoline, transit bus with wheelchair lift
d) Contingencies
5 -;Z1 -a2
DATE
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UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
URBAN MASS TRANSPORTATION ADMINISTRATION
GRANT
49 U.S.C. 5 1602
(SECTION 3)
PART I
THIS GRANT, effective on the date specified in the
Notification of Grant Approval is entered into by and between
the United States of America ("Government") and the Grantee
named in the Notification of Grant Approval.
In consideration of the mutual covenants, promises, and
representations herein, the parties hereto agree as follows:
Sec. 1. Purpose of Grant - The purpose of this Grant
is to provide for the undertaking of an urban mass transpor-
tation capital improvement project ("Project") with Government
financial assistance to the Grantee in the form of a capital
grant ("Grant"), under Section 3 of the Urban Mass Transpor-
tation Act of 1964, as amended, ("Act"), and to state the
terms and conditions upon which such assistance will be
provided and the manner in which the Project will be undertaken
and completed and the Project facilities/equipment used.
Sec. 2. TheProject - The Grantee agrees to undertake
and complete the Project, and to provide for the use of the
Project facilities/equipment, substantially as described in
its Application, incorporated herein by reference, filed
with and approved by the Government, and in accordance with
the terms and conditions of this Grant. The "Project
Description" on the Notification of Grant Approval describes
the Project to be funded under this Grant.
Sec. 3. The Grant - In order to assist the Grantee in
financing that portion of the total cost of the Project
which the Department of Transportation (DOT) has determined
cannot reasonably be financed from revenues of the public
transportation system in which the Project facilities/
equipment are to be used ("Net Project Cost"), such Net
Project Cost being estimated to be that amount stated in the
Notification of Grant Approval, the Government will make a
Grant in an amount equal to eighty percent (808) of the
Form UMTA F 2000
Rev. 5/20/80
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actual Net Project Cost, as determined by DOT upon completion
of the Project, or in the amount designated as Maximum
Federal Share in the Notification of Grant Approval, whichever
is the lesser. However, if this Grant is an Amendment to
a prior Grant and if the Government's share was limited to
66 2/38 under that Grant, then that limit shall continue to
apply in calculating the Government's share of the Net
Project Cost as approved on the date of the original Grant
and the date of any Amendment subject to such 66 2/38 limit.
The obligation of the Government to make Federal Grant
payments in any fiscal year shall not exeed the amount
provided in the Project Budget for the fiscal year in which
requisitions therefor are submitted or drawdowns under letter
of credit are made.
The Grantee agrees that it will provide from sources
other than (a) Federal funds (except as may otherwise be
authorized by federal statute), (b) receipts from the use of
the Project facilities/equipment, or (c) revenues of the
public transportation system in which such facilities/equip-
jment are used, funds in an amount sufficient, together with
the Grant, to assure payment of the actual Project Cost. The
Grantee further agrees that no refund or reduction of the
amount so provided will be made at any time, unless there is
at the same time a refund to the Government of a proportional
amount of the Grant.
Sec. 4. Use of Project Facilities/Equipment - The
Grantee agrees to observe the property management standards
as set forth in OMB Circular A-102, Attachment N, or OMB Circular
A-110, Attachment N, as appropriate, as now or hereafter amended.
Exceptions to the requirements of Attachment N must be specifically
approved by UMTA. If, during the period, any Project facilities/
equipment are not used in mass transportation service,
whether by planned withdrawal or casualty loss, the Grantee
shall immediately notify the Government and shall remit to
the Government a proportional amount of the fair market
value, if any, of the property, which shall be determined on
the basis of the ratio of the Grant made by the Government
to the actual cost of the Project. Fair market value shall
be deemed to be the value of the property as determined by
competent appraisal at the time.of such withdrawal from use
or misuse, or the net proceeds from public sale, whichever
is approved by UMTA. In the event of loss due to casualty
or fire, the damages paid by the insurance carrier or payable
from the self-insured reserve account shall be considered
fair market value. In no event is salvage value to be
considered fair market value.
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The Grantee shall keep satisfactory records with regard
to the use of the property and submit to the Government upon
request such information as is required in order to assure
compliance with this Section and shall immediately notify
UfrA in all cases where Project facilities/equipment are used
in a manner substantially different from that described in
the Project Description. The Grantee shall also submit to the
Government at the beginning of each calendar year during such period,
a certification that the Project facilities/equipment are still being
used in accordance with the terms of this Section and that no
part of the local contribution to the cost of the Project has
been refunded or reduced.
Sec. S. Labor Protection - The Grantee agrees to undertake,
carry out, an complete the Project under the terms and condi-
tions determined by the Secretary of Labor to be fair and equit-
able to protect the interest of employees affected by the Project
and meeting the requirements of Section 13(c) of the Act,
49 U.S.C. 6 1609(e), and Department of Labor regulations at
29 C.F.R. Part 215.
These terms and conditions are identified in the Letter
' of certification to the Government from the Department of
Labor on the date set forth in the Notification of Grant
Approval, which letter and any documents cited in that letter
are incorporated into this Grant by reference. The Grant is
subject to the conditions stated in the Department of Labor letter.
Sec. 6. Procurement of Rollin Stock and Buses - In
accordance with any guidelines issued by LUfrA t e Grantee
shall make third party contract awards for the acquisition
of rolling stock, including buses, only after consideration
of performance, standardization, and life -cycle costs, in
addition to the consideration of initial capital costs. Where
necessary, the Secretary will assist the Grantee in making such
evaluations.
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Sec. 7. The Grant - This Grant consists of the Notifi-
cation of Grant Approval; this Part I, Form UMTA F 2000,
Rev. 5/20/80, entitled Grant; and Part II, Form UMTA F 5E,
Rev. 5/20/80, entitled Urban Mass Transportation Agreement,
Terms and Conditions. Should the grant award letter include
special conditions for this Project, that letter is incorporated
herein by reference and made part of this Grant. The approved
Project Budget is incorporated herein by reference and made
part of this Grant. Amendments to any of these documents
shall require a formal amendment to this Grant, except that
reallocations of funds among budget items or fiscal years
which do not increase the total amount of the Federal grant
shall only require prior authorization from UMTA and the
issuance of a New Project Budget.
Sec. 8. Execution of Grant - This Grant may be simul-
taneously executed in several counterparts, each of which
shall be deemed to be an original having identical legal
effect. When signed by the Government, this Grant should be
executed by the Grantee within ninety (90) days after the
Obligation Date. The Government may withdraw its obligation
hereunder if the Grant is not executed within the above
ninety -day period. The effective date of the Grant shall
be the Obligation Date.
The Grantee does hereby ratify and adopt all statements.
representations, warranties, convenants, and materials submitted
by it, and does hereby accept the Government's award of
financial assistance and agrees to all of the terms and
conditions of this Grant.
Executed this %-{-�A day of
Q 1
ATTEST: BY: . Q
�' G� ry c �rx�l' �y�yo,e o t eti
CjD
ITYo ►n�nraAr CITY nF TITLI0\�Ty
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Certificate of Grantee's Attorne
I, vi6 F. Ysu. , acting as Attorney for the Grantee do
her,pby certi y that I have examined this Grant and have
ascertained that execution of the Grant was authorized on
the date of Aal. l•t 0 L A copy of this authorization is
attached or h previously been submitted to UMTA. The
execution of this Grant and the proceedings taken by the
Grantee are in all respects due and proper and in accordance
with applicable State and local law. I further certify
that, in my opinion, said Grant constitutes a legal and
binding obligation of the Grantee in accordance with the
terms thereof and certify that to the best of my knowledge
there is no legislation or litigation pending or threatened
which might affect the performance of the Project in accordance
with the terms of this Grant.
Dated this (14k day of �,SI ATUR19 B¢.
E
A
Received E Approved
By The al Department
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UNITED STATES OF AMIMICA
DEPAR24W OF TRANSPORTATION
URBAN MASS TRANSPORTATION ADMINISTRATION
WASHINWON, D.C. 20590
Of IR4�M
0
j URBAN MASS TRANSPORTATION AGREEMENT
PART II
TERMS AND CONDITIONS
for Projects under Section 3, 5, 6, or 8,
of the Urban Mass Transportation Act of
1964 as amended 49 U.S.C. S 1601 et seq.,
for Mass Transportation Projects under
the Federal -Aid Highway Act of 1973,
as amended, 23 U.S.C. S 103 et seq.,
or for Section 175 of the Clean Air Act
Amenci1ents of 1977, 42 U.S.C. S 7505.
Form UMTA F 5E
Rev. 5/20/80
I'Y3�e
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Section 101.
Definitions.........,
Section 102.li
•••.•..
.......... ............... l
Axrnq� shmnt of the Project
.........................2
(a) General Requirarents
.............................2
(b) Pursuant to Federal, State and Local law
.........2
(c) Fluids of the Recipient
...........................2
(d) Subdssion of Proceedings, Contracts, and Other
Documents
.......................................3
(e) Changed Conditions Affecting
Perfonnance......... 3
(f) No Gover7ullent Obligations to Third Parties ....... 3
(g) Land Acquisition Policy ..........................3
Section 103.
The Project Budget...........
Section 104.
3
Accounting Records
............................
(a) Project Accounts
.................................3
(b) Funds Received or Made Available for the
Project.........................................3
(c) Allowable Costs
..................................4
(d) Documentation of Project Costs
...................4
(e) Checks, orders and Vouchers
......................4
(f) Audit and Inspection
Section 105.
.............................5
Requisitions Payments............
arca .....5
(a) Request for Payment by the Recipient
.............5
(b) Payment by the Govermmnt
........................5
(c) Disallowed Costs
.................................6
(d) Letter of Credit
.................................6
.(e) Interest on late Payments..........
section 106.
7
Right of Government to Te=dmte
......................7
Section 107.
Project Conpletion, Settlement and'**""*'**
Section 108.
Contracts of the Recipient ............................7
Section 109.
Restrictions, Prohibitions, Controls, and Labor
Provisions
..........................................8
(a) Equal Fhplornent Opportunity
.....................8
(b) Small, Minority and WMen,s Business
Enterprise......................................8
(c) Title VI - Civil Rights Act of 1964
.............. 10
(d) CMPetitive Bidding ..............................
10
(e) Ethics
........................................... 10
(f) Interest of Mmbers of or Delegates to
Congress ......................................... 11
Section 110.
Construction Contracts
................................ 11
(a) Nondiscrimination
................................ 11
(b) Specifications
...................................14
(c) Notice
........................................... 21
(d) Labor Provisions
................................. 22
(e) Changes in Construction Contracts
................29
(f) Contract Security
................................ 29
(g) insurance During Construction
.................... 29
(h) Signs ............................................ 29
(i) Liquidated Damages Provision
..................... 30
(j) Provisions of Construction Contracts ............. 30
(k) Actual Work by Contractor ........................ 30
(1) Force Account
....................... 30
.............
(m) Safety Standards
................................. 30
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Section 111. EnvircmnEntal, Resource, and Energy Protection and
Conservation Requirements ............................30
(a) Cmpliance with Envirom ental Standards .......... 30
(b) Air Pollution....................................31
(c) Use of Public Lands..............................31
(d) Historic Preservation ............................31
(e) Energy Conservation..............................31
Section 112. Patent Rights.........................................31
Section 113. Rights in Data ..................... ................34
Section 114. Cargo Preference - Use of United States -Flag
Vessels..............................................35
Section 115. Buy America...........................................36
Section 116. Charter and School Esus Operations ..................... 37
(a) Charter Bus......................................37
(b) School Bus.......................................37
Section 117. Compliance with Elderly and Handicapped
Regulations..........................................37
Section 118. Flood Hazards.........................................37
Section 119. Privacy...............................................38
Section 120. Miscellaneous.........................................39
(a) Bonus. or Commdssion..............................39
(b) State and Territorial Law........................39
(c) Reoords..........................................40
(d) Severability.....................................40
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PART II — TERMS AND COMMONS
Constituting part of the AGRM4FIJT providing for federal
financial assistance under the provisions of the Urban Mass
Transportation Act of 1964, as amended, and/or the Federal -Aid
Highway Act of 1973.
Section 101. Definitions. As used in this Agreement:
"Application" means the signed and dated proposal as may be amended
for federal financial assistance for the Project, together with all
explanatory, supporting, and supplerentary documents heretofore filed
with UMPA by or on behalf of the Recipient, which has been accepted
and approved by IMM.
"Approval, Authorization, Concurrence, Waiver" means a conscious,
written act by an authorized official of the Government granting
permission to the Recipient to perform or omit an act pursuant to
this Agreement which could not be performed or omitted without such
permission. An approval, authorization, concurrence, or waiver
permitting the performance or omission of a specific act shall not
constitute permission to perform or snit similar. acts unless such
broad permission is clearly stated. Oral permission or interpreta-
tions shall have no legal force or effect.
"External Operating Manual" means the most recent IIM manual of
that title, which presents information about the UMA programs,
application processing procedures, and guidance for administering
approved projects; There are also UDII'A and DOT directives applicable
to the Project.
"Government" means the United States of America, or its cognizant
Agency, the Department of Transportation (DOT) or its Agency, the
Urban Mass Transportation Administration (UMM) used hereafter
interchangeably.
"Mass Transportation" includes public transportation and means
transportation by bus, rail or other conveyance, either publicly
or privately owned, which provides to the public general or special
transportation service (but not including school buses, charter or
sightseeing service) to the public on a regular and continuing basis.
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"Project" means the task or set of tasks provided for in the Project
budget which the Recipient undertakes to perform pursuant to the
Agreement with UWA.
"Project Budget" means the most recently dated statement, approved by
UMIA, of the estimated total cost of the Project, the items to be
deducted from such total in order to calculate the estimated net
Project cost, the maxinnm amount of the federal grant for which the
Recipient is currently eligible, the specific items (including
contingencies and relocation) for which the total may be spent, the
estimated cost of each of such items, and the naximman amount of
federal funds which may be disbursed in any fiscal year.
"Recipient" means any entity that receives federal financial assistance
from LMM for the accomplishment of the Project. The term "Recipient"
includes any entity to which federal funds have been passed through
for the accomplishment of the Project.
"Secretary" means Secretary of the Department of Transportation or
his duly authorized designee.
Section 102. Accomplishment of the Project.
(a) General Requirenents. The Recipient shall commence, carry on, and
complete the Project with all practicable dispatch, in a sound,
economical, and efficient manner, and in accordance with the
provisions hereof, the Application, and all applicable laws and
regulations.
(b) Pursuant to Federal, State, arca Local law. In performance of its
ob igations pursuant to this Agreement, the Recipient and its con-
tractors shall comply with all applicable provisions of Federal,
State, and local law. All limits or standards set forth in this
Agreement to be observed in the performance of the Project are
mininnm requirements, and shall not affect the application of more
restrictive State or local standards for the performance of the
Project; provided, however, in its procurement actions pursuant
to the Project, the Recipient shall not give any preference to or
discriminate against goods and services produced or manufactured in
any country, State, or other geographical area except as provided
in Section 115 below. The Recipient agrees further that notwithstanding
the requirements in Section 115, no Federal funds shall be used to
support procurements utilizing exclusionary or discriminatory
specifications, nor shall federal funds be used for the payment of
ordinary governmental or nonmproject operating expenses.
(c) Funds of the Reci ient. 'fie Recipient shall initiate and prosecute
Ms
comp etron a . proceedings necessary to enable the Recipient to
provide its share of the Project costs at or prior to the time that
such funds are needed to meet Project costs.
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(d) Submission of
The
xu rsii nu L w me LOverrmnelt su= oata, reports, records,
contracts arca other documents relating to the Pmiect as the cbvernrrtent
may require. The Recipient shall retain intact, for three years
following Project close -cut, all Project documents, financial
records, and supporting documents.
(e) Chan ed �rditirns Affect• Performance. The Recipient shall immedi-
ate ynota y Ct?PA
Ot any change in conditions or local law, or of
any other event, which nay significantly affect its ability to
perform the Project in accordance with the provisions of this
Agreenent.
(f) No Government Dbli ats to Third Parties. The Government shall
not Sect to anyionligations or rabt ities by contractors
of the Recipient or their subcontractors or any other person not
a Party to this Agreement in connection with the performance of
this Project without its specific consent arra notwithstanding its
concurrence in or approval of the award of any contract or sub-
contract or the solicitation thereof.
(g) rand Acquisition Policy. Any acquisition of land for use in connection
with
the`Projeat mu t conform to the policies and procedures set
forth in 49 C.F.R. Part 25 and applicable Circulars.
Section 103. g: W2ct Budget. A Project Budget shall be prepared and
maintained by Recipient. 'rile Recipient shall carry out the Project
and shall incur obligations against arca make disbursements of Project
Funds only in conformity with the latest approved budget for the Project.
Section 104. Accounting Records.
(a) Project Accounts. The recipient shall establish and maintain as
a separate set of accounts, or within the framework of an established
accounting system, accounts for the Project in the manner consistent
with Office of Management and Budget (CMB) Circular A-102, as amended,
or A-110, as may be appropriate.
(b) Finds Received or ,Made Available for the Pro'ect. In accordance with
the provisions o CMB Crrcu ar A- , as , or A-110, as may be
appropriate, the Recipient shall record in the Project Account, and
deposit in a bank or trust company which is a member of the Federal
Deposit Insurance Corporation, all Project payments received by it from
the G0ver7vrent pursuant to this Agreement and all other finds provided
for, accruing to, or otherwise received on acooant of the Project,
("Project Funds"). Any balances exceeding the FDIC coverage must be
collaterally secured as provided in 12 U.S.C. 9 265 and inplementing
regulations or in applicable IMM procedures. A separate bank account
may be required Mien drawdowns are made by letter of credit.
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(c) Allowable Costs. E=enditures made by the Recipient shall be reim-
bursable astowable costs to the extent they meet all of the
requirements set forth below. They rRust:
(1) be made in conformance with the Project Description and
the Project Budget and all other provisions of this Agreement;
(2) be necessary in order to acomplish the Project;
(3) be reasonable in amount for the goods or services purchased;
(4) be actual net costs to the Recipient (i.e., the price paid
minus any refunds, rebates, or other items of value received by
the Recipient that have the effect of reducing the cost actually
incurred;)
(5) be incurred (and be for cork performed) after the date
of this Agrearent, unless specific authorization from UMrA to the
contrary is received;
(6) be in conformance with the standards for allowability of
costs set forth in Federal Management Circular (FTC) 74-4 and
with any guidelines or regulations issued by LDUA; in the case of
Projects with educational institutions, the standards for allowability
of cost set forth in Office of Management and Budget (OMB) Circular
A-21 Revised, rather than the standards of FMC 74-4, shall apply;
(7) be satisfactorily documented; and
(8) be treated uniformly and consistently under accounting
principles and procedures approved or prescribed by UMTA for the
Recipient; and those approved or prescribed by the Recipient for
its contractors.
(d) Documentation of Pm 'ect Costs. All costs charged to the Project,
rrc in
rg any approv services contributed by the Recipient or
others, shall be supported by properly executed payrolls, time
records, invoices, contracts, or vouchers evidencing in detail the
nature and propriety of the charges.
(e) Checks, Orders, and Vouchers. Any check or order drawn by the
Recipient with respect to any item that is or will be chargeable
against the Project Account will be drawn only in accordance with
a properly signed voucher then on file in the office of the
Recipient stating in proper detail the purpose for which such check
or order is drawn. All checks, payrolls, invoices, contracts,
vouchers, orders, or other accounting docutmsrts pertaining in whole
or in part to the Project shall be clearly identified, readily
accessible, and, to the extent feasible, kept separate and apart
from all other such documents.
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(f) Blit and Tna +a +i The Recipient shall
its contractors tc pEoznit, the Secretary and the a� shall require
of the United States, or any of their duly authorized espresentatives
to inspect all cork, materials, payrolls, and other data and records
aowith regard to the Project, and to audit the books, records, and
cotuats of the Recipient and its contractors with r
egaxd Recipients that are State or local to the Project.
governments theeaud or Indian tribal
mints sA- be responsible for meeting the audit requirements of govern -
Circular A-102, Attachresponsible
f P, or any revision or supplement thereto. The
Recipient is responsible for auditing third party contracts and agreements.
UMPA also may require the Recipient to furnish at any time prior to
Closeout of
the Project,
audit reports prepared in accordance with generally
accountingaccepted principles. In the case of Section 5 operating
Projects, subsequent to the close of the local fiscal year for which
which operating assistance is sought, the Recipient shall furnish a
final audit report prepared by a State or local govesrnmm_nt independent
audit agency or an independent public accountant which shall include
as a minimum a Statement of Revenue and Expense, a Statement of
Changes in Financial Position, and a Maintenance of Effort Calculation
of the mass transportation operator for the assisted local fiscal
year.
Section 105. Requisitions and payments
(a)sts for Paymrnt b Recipient. The Recipient may make
requests or payment of the feiera c of allowable costs, and
UMPA will honor such requests in the manner set forth in this
section. Payments made to Recipients must canply with 31 C.F.R.
Part 205. Recipients shall follow the procedures set forth in LMM
Circular 9050.1. In order to receive federal assistance payments, the
Recipient mast:
(1) cxmpletely execute and suhnit to LWA the infoaonation
required by Standard Foam 270;
(2) suhn't to UMPA an explanation of the purposes for which
costs have been incurred to date or are magnnal
incurrithte rqan 1y expected to be
the dateed owf sutminishsione);uisiticiOd (not more than 30 days after
(3) demonstrate or certify that it has supplied local funds
adequate, when combined with the federal payments, to cover all
costs to be incurred to the end of the requisition period;
(4) have sutmitted to UMTA all financial and Progress reports
required to date under this Agreement; and
(5) identify the souroe(s) of financial assistance provided
under this Project from which the payment is to be derived.
(b) Pa nt the rye t, Upon receipt of the requisition and the
ac=npanyang .information satisfactory form, the Ooverrment will
Process the requisition if the Recipient is ersnplying with its
obligations pursuant to the Agreement, has satisfied MM of
its
read for the federal funis requested during the requisition period,
and is making adequate Progress towards the timely completion of
the Project. If all of these circumstances are feud to exist,
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the Goverment will raimburse apparent ailowable costs incurred (or
to be incurred during the requisition period) by the Recipient up
to the maximum amount of the federal assistance payable through the
fiscal year in which the requisition is submitted as stated in the
Project Budget. Roaemr, reimbursement of any cost pursuant to
this section shall not constitute a final determination by the
Government of the allowability of such cost and shall not constitute
a waiver of any violation of the terms of this Agreement committed
by the Recipient. Sbe Government will make a final determination
as to allowability only after final audit of the Project has been
conducted.
In the event that UMIA determines that the Recipient is not currently
eligible to receive any or all of the federal funds requested, it
shall prrniptly notify the Recipient stating the reasons for such
determination.
(d) Disallowed Costs. In determining the amount of the federal assistance, UdIA
will exclude all Project costs incurred by the Recipient prior to
the date of this Agreement, or prior to the date of the approved
budget for the Project, whichever is earlier unless an authorized
representative of UMTA advises in writing to the contrary; any
costs incurred by the Recipient which are not provided for in the
latest approved budget for the Project; and any costs attributable
to goods or services received under a contract or other arrangement
which has not been concurred in or approved in writing by [MIA.
Exceptions to the above statement on disallowed costs are contained
in the External Operating Manual or in written guidance from LWA.
(d) Letter of Credit. Should a letter of credit be issued to the
Recipient, the T51lowing terms and conditions in conformance with
31 C.F.R. Part 205, are applicable:
(1) the Recipient shall initiate rash drawdowns only when
actually needed for Project disbursements.
(2) the Recipient shall report its cash disbursements and
balances in a timely mariner as required by the Government.
(3) the Recipient shall provide for effective control and
accountability for all Project funds in accordance with require-
ments and procedures issued by the Goverment for use of the letter
of credit.
(4) the Recipient shall impose on its suhrecipients all the
requirements of Section 105(d) (1) (2) and (3) above as applicable.
(5) should the Recipient fail to adhere to the requirarents of
Section 105(d) (1) (2) (3) and (4) above, the Govarnnent may revoke
the unobligated portion of the letter of credit.
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(6) Section 105(a), (b), and (c) above renktin effective to the
extent that they do not conflict with the provisions of section 105(d).
(e) Interest on late Pa ts. Upon notice by tHm to the Recipient of
specific amotnrts e e G'OVerrmnelt, the Recipient shall promptly
remit any excess payment of amounts or disallowed costs to [APPA.
Interest may be assessed from the time of notice and charged for any
amounts due to the GOWz mennt that are not paid as set forth in the
Treasury Fiscal Requirements Manual,
Section 106. Right of Goverrmnent to Terminate. Upon written notice to
the Recipient, the Govermm�ent reserves the ri ht to sus
all or part of the financial assistanceProvided pend or terminate
is, or has been, in violation of the ters of this Agreemen or ein if the Recipient
umen
determines that the purposes of the Act would not be adequately served
by continuation of federal financial assistance for the Project. Any
failure to make progress or other violation of the Agreement which
significantly endangers substantial performance of the Project within
a reasonable time shall be deemed to be a violation of the terms of
wtiis not invalidate Termination of any Part of the financial assistance
concurred in 9 Properly incurred by the Recipient and
by LNEM prior to the date of termination, to the extent
they are noncancellable. The acceptance of a remittance by the Government
of any or all Project Funds previously received by the Recipient or
the closing out of federal financial participation in the Project shall
not constitute a waiver of any Clain which the Government may otherwise
have arising out of this Agreement.
Section 107. Project Com;
letion Settlement and Close-out.
completion of the project or Upon successful
within 90 days of the upon ate termination ro ect, the Recipient shall,
anpletion date of the project, submit a final
Financial Status Report (Standard Form 269),,a certification or summary
of Project expenses, and third party audit reports, when applicable. Upon
receipt of this information, UMTA or an agency designated by LHEA will
perform a final audit of the Project to determine the allowability of costs
incurred, and will make settlement of the federal grant described in Part I
Of this Agreement. If LHM has made payments to the Recipient in excess of
the total amount of such federal assistance, the Recipient shall promptly
remit to LWA such excess and interest as may be required by section
105(e), Project closeout occurs when UMTA notifies the Recipient and
forwards the final grant payment or when an appropriate refund of federal
grant funds has been received from the Recipient and acknowledged by OMPA.
Close-out shall not invalidate any continuing obligations imposed on the
Recipient by this Agreement or contained in the final notification or
acknowledgement from LM.
Section 108. Contracts of the Rec' 'ent. The Recipient shall not execute
Project facil
any lease, pledge, mortgage, lien, or other contract touching or affecting
ities or equipment, nor shall it obligate itself in any other
manner, with any third Party with respect to the Project, unless such lease,
Pledge, mortgage, lien, contract, or other obligation is expressly authorized
in writing by DOT; nor shall the Recipient, by any act, or omission of any
kind, impair its continuing control over the
equipm nt during the useful life thereof as de�ternined by facilities or
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Section 109. Restrictions, Prohibitions, Controls and Labor Provisions.
(a) Dgual Fhmployment Opportunity. In oonnection with the carrying out
o Project, the Ro-zipient shall not discriminate against any
employee or applicant for employment because of race, color, age,
creed, sex, or national origin. The Recipient shall take affirmative
action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color,
religion, sex, age,or national origin. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion
or transfer, recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; arra
selection for training, including apprenticeship. The Recipient
shall insert the foregoing provision (modified only to shoo the
particular contractual relationship) in all of its contracts
in connection with the development or operation of the Project, except
contracts for standard commercial supplies or raw materials and
construction contracts subject to the provisions of Section 110 (a)
of this Agreement, and shall require all such contractors to insert
a similar provision in all subcontracts, except subcontracts for
standard commerical supplies or raw materials.
If, as a condition of assistance, the Recipient has submitted' and the
Government has approved, an equal employrtent opportunity program
that the Recipient agrees to carry out, such program is incorporated
into this Agreement by reference. Such program shall be treated as
a contractual obligation; and failure to carry out the terms of that
equal employment opportunity program shall be treated as a violation
cf this Agreement. Upon notification to the Recipient of its failure
to carry out the approved program, the Government will impose such
remedies as it may deem appropriate, which remedies may include
termination of the Agreement as provided in Section 106 of this
Agreement or other measures that may affect the ability of the
Recipient to obtain future financial assistance under the Urban
Mass Transportation Act of 1964, as amended, or the Federal -Aid
Highway Act of 1973, as mrended.
(b) Minorit and W me n's Business En rise. he Recipient
tdshall be
responsible or meeting the applicable regal
ations ing
participation by minority business enterprise (MBE) in Department
of Transportation programs set forth at 49 C.F.R. Part 23, 45 F.R.
21172 et seq. , March 31, 1980, msn
or any revision or supplettheoreto.
the to e requirets of section 23.43 of those regula
(1) Policy. It is the policy of the Department of Transportation
that minority business enterprises, as defined in 49 C.F.R. Part 23,
shall have the maximum opportunity to participate in the performance
of contracts financed in whole or in part with federal funds under
this agreement. Consequently, the ABE requirements of 49 C.F.R.
Part 23 apply to this agreement.
141CROFILMED By
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(2) MBE Obligation. The Recipient and its contractors agree to
ensure that minority business enterprises as defined in 49 C.F.R. Part
23 have the maximum opportunity to participate in the performance of
contracts and subcontracts financed in whole or in part with federal
funds provided under this Agreement. In this regard all Recipients and
contractors shall take all necessary and reasonable steps in accordance
with 49 C.F.R. Part 23 to ensure that minority business enterprises have
the maximum opportunity to compete for and perform contracts. Recipients
and their contractors shall not discriminate on the basis of race,
color, national origin or sex in the award and performance of DOT -
assisted contracts.
(3) If as a condition of assistance the Recipient has suhTdtted and
the Departrrent has approved a minority business enterprise affirmative
action Pr«3ren which the Recipient agrees to carry out, this program is
incorporated into this financial assistance agreement by reference.
This program shall be treated as a legal obligation and failure to carry
out its terms shall be treated as a violation of this financial assistance
agreement. Upon notification to the Recipient of its failure to cant'
out the approved program, the Department shall rose such sanctions as
noted in 49 C.F.R. Part 23, Subpart E, which sanctions may. include
termination of the Agreement or other measures that may affect the
ability of the Recipient to obtain future DOT financial assistance.
(4) The Recipient shall advise each subrecipient, contractor, and
subcontractor that failure to carry out the requirements set forth in
23.43(a) shall constitute a breach of contract and, after the notification
of the Department, may result in termination of the Agreement or contract
by the Recipient or such remedy as the Recipient deems appropriate.
(5) Recipients shall take action concerning lessees as follows:
(A) Recipients shall not exclude MBE's from participation in
business opportunities by entering into long-term, exclusive agreements
with non -ME's for operation of major transportation -related activities
for the provision of goods and services to the facility or to the public
on the facility.
(B) Recipients required to submit affirmative action programs
under section 23.41(a)(2) or (a)(3) that have business opportunities for
lessees shall submit to the Department &ir approval with their programs
overall goals for the participation as lessees of firms owned and controlled
by minorities and firms owned and controlled by waren. These goals
stall be for a specified period of time and shall be based on the factors
listed in section 23.45(g)(5). Recipients shall review these goals at
least annually, and whenever the goals expire. The review shall analyze
projected versus actual TIDE participation during the period covered by
the review and any changes in factual circumstances affecting the selection
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of goals. Following each review, the Recipient shall suhnit new overall
goals to the Department for approval. Recipients that fail to meet
their goals for M lessees shall demonstrate to the Department in
writing that they made reasonable efforts to meet the goals.
(C) Except as provided in this section, Recipients are requried
to include lessees in their affirmative action programs. lessees themselves
are not subject to the requirements of this Part, except for the obligation
of section 23.7 to avoid discrimination against MBE's.
(6) The Recipient agrees to include the clauses in Subsection (1)
and (2) of Section 109(b) above in all subsequent agreements between the
Recipient arca any subrecipient and in all subsequent DOT assisted contracts
between the Recipient or subrecipients and any third party contractor.
(c) Title VI Civil Ri hts Act of 1964. The Recipient will comply and
wi assure a amp lance Joy contractors and subcontractors under
this Project with all the requirerents imposed by Title VI of the
Civil Rights Act of 1964 (49 U.S.C. g 2000d), the Regulations of
DOT issued thereunder, 49 C.F.R. Part 21 and the Assurance by the
Recipient pursuant thereto.
(d)in Procurement. The Recipient shall comply with the
Procuramnt Standards requirements set forth in Attachment 0 of OM
Circular A-102, as amended, or A-110, as may be appropriate; and
with any supplementary guidelines or regulations as may be pranulgated
by the Government.
(e) : hics. The Recipient shall maintain a written code or standards
of—cfficuct which shall govern the performance of its officiers,
employees or agents engaged in the award and administration of
contracts supported by Federal funds. Such code shall provide that
no employee, officer or agent of the Recipient shall participate in
the selection, or in the award or administration of a contract
supported by federal funds if a conflict of interest, real or
apparent, would be involved. Such a conflict would arise when any
of the parties set forth below has a financial or other interest in
the firm selected for award:
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1. the mployee, officer os agent;
2. any mwber of his immediate family;
3. his or her partner; or
4. an organization which employs, or is about to employ, any
of the above.
The code shall also provide that the Recipient's officers, employees or
agents shall neither solicit nor accept gratuities, favors or anything
Of monetary value $am contractors, potential contractors, or parties
to eubagteebntx.
The Recipient may set mini rules where the financial interest
is not substantial or the gift is an unsolicited item of nominal
intrinsic value.
To the exteint permitted by State or local law or regulations, such
Standards of conduct shall provide for penalties, sanctions, or
other disciplinary actions for violations of such standards by
the Recipient's officers, employees, or agents, or by contractors
or their agents.
(f) Interest of Members of or Delegates to Congress. No member of or
agate to Congress of Un Sall be admitted
to any share or part of this agreement or to arty benefit arising
therefrom.
Section 110. Construction Contracts.
(a) Nondiscrimination. The Recipient hereby agrees that it will inoorporate
or cause to WVm—rporated into any contract for construction work,
or modification thereof, as defined in the Regulations of the
Secretary of Labor at 41 C.F.R. Chapter 60, which is paid for in
whole or in part with funis obtained fran the Federal Government
or borrowed an the credit of the Federal ammo mt pursuant to a
grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any federal program involving such grant, contract,
loan, insurance, or guarantee, the following equal opportunity
clause:
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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:
Eimployment, upgrading, demotion, or transfer; recruitment or
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 setting forth the provisions
of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertise-
icnts for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration
:br employment without regard to race, color, religion, sex, or
national origin.
(3) The contractor will send to each labor union or repre-
sentative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives
of the contractor's commitments under this section, 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 11246 of September 24, 1965, as amended, 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 11246 of September 24, 1965, as
amended, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to hie
books, records, and accounts by the administering 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 non-discrimination clauses of this Agreement or with any
of the said rules, regulations or orders, this Agreement may be
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cancelled, terminated, or suspended in whole or in part and
the. contractor may be declared ineligible for Arther
Government contracts or federally assisted construction
oontraata in accordance 'With procedures authorized in
Executive Order 11246 of September 24, 1965, as amended,
and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965,
as amended, or by rule, regulation, or order of the Secretary
of labor, or as otherwise provided by lay.
(7) The contractor will include the portion of the sentence
immediately preceding paragraph (1) and 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 11246 of September 24, 1965, as amended, so
that such provisions shall be binding upon each subcontractor
or vendor. The contractor will take such action with respect
to any subcontractor purchase order as the administering
agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance; Provided, however,
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 administering agency,
the contractor may request the United States to enter into
such litigation to protect the interests of the United States.
The Recipient further agrees that it will be bawd by the above
equal opportunity clause with respect to its own ecmlcynmt practices
when it participates in federally assisted construction work, provided
That if the Recipient so naxt cipating is a State or local government,
the above equal opportunity clause is not applicable to any agency,
instnrrentality or subdivision of such government which does not
Participate in work on or under the AgreaTent.
The Recipient agrees that it will assist and
with the administerin a cooperate actively
the g agency and the Secretary of Labor in obtaining
ccnpliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulatiaas, and relevant orders
of the Secretary of labor, that it will furnish the administering
agency and the Secretary of labor such information as they say
require for the supervision of such ocnpliance, and that it will
Otherwise assist the AdTillistering agency in the discharge of the
agency's Prilmry responsibility for securing ocnplianoe.
The Recipient further agrees that it will refrain from
entering into any contract or contract modification subject to
Executive Order 11246 of Septcnlber 24, 1965, as wended, with any
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contractor debarrOd frac, or wM has not demonstrated eligibility
for Government contracts and federally assisted oenstruetion contracts
pursuant to the Executive order and will carry out such sanctions
and penalties for violation of the equal Opportunity clause as
may be =Wised upon contractors and subcontractors by the administering
agency or the Secretary of Labor pursuant to part II, s � of it
the Executive order. In addition, the Recipient agree
fails or refuses to conply with these undertakings, the administering
agency may take any or all of the following actions: Cancel, terminate,
or suspend in whole or in part this Agreement (grant, contract, loan,
insurance, guarantee); refrain from extending any further assistance
to the Recipient under the program with respect to which the failure
or refund oocuxed until satisfactory assurance of future compliance
has been received from such Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings•
(b) Specifications. pecipient hereby agrees that it will incorporate or
cause to be incorporated the specifications set forth below in
all federal and federally assisted oontruction contracts' or modifi-
cations thereof, in excess of $10,000 to be performed in geographical
areas designated by the Director, office oftFederal
the ContrRegulact
Ccrupons f�e
Program of the Department of Labor pun to
the Secretary of Labor at 41 C.F.R. Section 60-4.6 arra in construction
subcontracts in excess of $10,000 necessary in whole or in part to
the performance of nonconstruction federal contracts and subcontracts
covered under Executive Order 11246:
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION
CONTRACT SPECIFICATIONS (Executive Order 11246):
As used in these specifications:
a. "Covered area" means the geographical area
described in the solicitation from (which this
contract resulted;
b. "Director" means Director, Office of Federal
Contract Compliance Programa, United States
Department of Labor, or any person to (whom the
Director delegates authority;
C. "Employer identification number" means the
Federal Social Security number used on the EmpZoyer'a
Quarterly Federal Tax Return, U.S. Treasury Depart-
ment Form 941.
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d. 'minority" includes:
(i) Black (all persons having origins in any
Of the Black African racial groups not of
Hispanic origin);
(ii) Hispanio (all persons of Mexican, Puerto
Rican, Cuban, Central or South American or
other Spanish Culture or origin, regardless
of race);
(iii) Asian and Pacific Islander (all persons
having origins in any of the original people
of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all
persons .having origins in any of the original
people of North America and maintaining
identifiable tribal affiliations through
membership and participation or community
identification).
2. Whenever the contractor, or any subcontractor at any
tier, subcontracts a portion of the work involving any con-
struction trade, it shall physically include in each subcontract
in excess of $10,000 the provisions of these specifications and
the Notice which contains the applicable goals for minority and
female participation and which is set forth in the solicitations
from which this contract resulted.
3. If the contractor is participating (pursuant to 41
C.F.R. 60-4.5) in the covered area either individually or
through an association, its affir+ative action obligations on
all work in the Plan area (including goals and timetables)
shall be in accordance with that Plan for those trades which
have unions participating in the Plan. Contractors must be
able to demonstrate their participation in and compliance with
the provisions of any such Hometown Plan. Each contractor or
subcontractor participating in an approved Plan in individually
required to comply with its obligations under the EEO clause,
and to make a good faith effort to achieve each goal under
the Plan in each trade in which it has employees. The overall
good faith performance by other contractors or subcontractors
toward a goal in an approved Plan does not excuse any covered
contractor's or suboncontraotor'a failure to take good faith
efforts to achieve the Plan goals and timetables.
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4. The contractor shall implement the specific affirm tive
action standards provided in paragraphs 7a through p of these
specifications. The.goals set forth in the solicitation from
which this contract resulted are expressed as percentages
of the total hours of employment and training of minority
and female utilization the contractor should reasonably be
able to achieve in each construction trade in which it has
employees in the coverd area. The contractor is expected to
make substantially uniform progress toward its goal in each
craft during the period specified.
5. Neither the provisions of any collective bargaining
agreement, nor the failure by a union with whom the contractor
has a collective bargaining agreement, to refer either
minorities or women shall excuse the contractor's obligations
under these specifications, Executive Order 11246, or the
regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of
apprentices and trainees to be counted in meeting the goals,
such apprentices and trainees must be employed by the contractor
during the training period, and the contractor must have made
a commitment to employ the apprentices and trainees at the
completion of their training, subject to the availability of-
employment
femployment opportunities. Trainees must be trained pursuant to
training programs approved by the U.S. Department of Labor.
7. The contractor shall take specific affirmative actions
to ensure equal employment opportunity. The evaluation of
the contractor's compliance with these specifications shall
be based upon its effort to achieve maximum results from its
actions. The contractor shall document these efforts fully,
and shall implement affirmative action steps at least as
extensive as the following:
a. Ensure and maintain a working environment free
of harassment, intimidation, and coercion at all sites,
and in all facilities at which.the contractor's employees
are assigned to work. The contractor, where possible,
will assign two or more women to each construction project.
The contractor shall specifically ensure that all foremen,
superintendents, and other on -sits supervisory personnel
are aware of and carry out the contractor's obligation
to maintain such a working environment, with specific
attention to minority or female individuals working at
such sites or in such facilities.
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b. Establish and maintain a current list of minority
and female recruitment sources, provide written notification
to minority and female recruitment sources and to
oommrnity organizations when the contractor or its unions
have employment opportunities available, and maintain
a record of the organizations' responses.
c. Maintain a current file of the names, addresses
and telephone numbers of each minority and female off -the -
street applicant and minority or female referral from
a union,la recruitment source or community organization
and of what action was taken with respect to each such
individual. if such individual was sent to the union
hiring hall for referral and we not referred back to
the contractor by the union or, if referred, not employed
by the contractor, this shall be documented in the file
with the reason therefor, along with whatever additional
actions the contractor may have taken. -
d. Provide immediate written notification to the
Director when the union or unions with which the contractor
has a collective bargaining agreement has not referred to
the contractor a minority person or woman sent by the
contractor, or when the contractor has other information
that the union referral process has impeded the contractor's
efforts to meet its obligations.
e. Develop on -the -site training opportunities and/or
participate in training programs for the area which expressly
include minorities and women, including upgrading programs
and apprenticeship and trainee programs relevant to the
contractor's employment needs, especially those programs
funded or approved by the Department of Labor. The
contractor shall provide notice of these programs to the
sources compiled under 7 b above.
f. Disseminate the contractor's EEO policy by
providing notice of the policy to unions and training
programs and requesting their cooperation in assisting
the contractor in meeting its EEO obligations; by
including it in any policy manual and collective
bargaining agreement; by publicizing it in the company
newspaper, annual report, etc.; by specific review of
the policy with all management personnel and with all
minority and female employees at least once a year;
and by posting the company EEO policy on bulletin boards
accessible to all employees at each location where
construction work in performed.
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g. Review, at least annually, the company's EEO
policy and affirmative action obligations under these
specifications with all employees having any responsi-
bility for hiring, assignment, layoff, termination or
other employment decisions including specific review
of these items with onsite supervisory personnel such
as Superintendents, General Foreman, etc., prior to the
initiation of construction work at any job site. A
written record shall be made and maintained identifying
the time and place of these meetings, persona attending,
subject matter discussed, and disposition of the subject
matter.
h. Disseminate the contractor's EEO policy externally
by including it in any advertising in the news media,
specifically including minority and female news media,
and providing written notification to and discussing the
contractor's EEO policy with other contractors and sub-
contractors with whom the contractor does or anticipates
doing business.
i. Direct its recruitment efforts, both oral and
written, to minority, female and community organisation,
to schools with minority and female students and to
minority and female recruitment and training organiaationa
serving the contractor's recruitment area and employment
needs. Not later than one month prior to the date for
the acceptance of applications for apprenticeship or
other training by any recruitment source, the contractor
shall send written notification to organisations such
as the above, describing the openings, screening procedures,
and teats to be used in the selection process.
j. Encourage present minority and female employees
to recruit other minority persons and women and, where
reasonable, provide after school, aumner and vacation
employment to minority and female youth both on the site
and in other areas of contractor's workforce.
k. Validate all tests and other selection require-
ments where there is an obligation to do so under 41
C.F.R. Part 60-3.
Z. Conduct, at least annually, an inventory and
evaluation at least of all minority and female personnel
for promotional opportunities and encourage these
employees to seek or to prepare for, through appropriate
training, etc., such opportunities.
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m. Ensure that seniority practices, job olaesifi-
cations, work assignments and other personnel practices,
do not have a discriminatory effect by continually
monitoring all personnel and employment related activities
to ensure that the EEO policy and the contractor's
obligations under these specifications are being carried
out.
n. Ensure that all facilities and company activities
are nonsegregated except that separate or single -user
toilet and necessary changing facilities shall be provided
to assure privacy between the sexes.
o. Document and maintain a record of all eoZicita-
tions of offers for subcontracts from minority and female
construction contractors and suppliers, including circulation
of s91icitations to minority and female contractor associa-
tions and other business associations.
p. Conduct a review, at least annually, of all
supervisors' adherence to and performance under the
contractor's EEO policies and affirmative action obli-
gations.
9. Contractors are encouraged to participate in voluntary
associations which aesiet in fulfilling one or more of their
affirmative action obligations Pa through p). The efforts
of a contractor association, joint contractor -union, contractor-
eonsunity, or other similar group of which the contractor is
a member and participant, may be asserted as fulfilling any
one of more of its obligations under 7a through p of these
Specifications provided that the contractor actively participates
in the group, makes every effort to assure that the group has
a poeitve impact on the employment of minorities and women
in the industry, ensures that the concrete benefits of the
program are reflected in the contractor's minority and female
workforce participation, rakes a good faith effort to most its
individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions
taken on behalf of the contractor. The obligation to comply,
however, is the contractor's and failure of such a group to
fulfill an obligation shall not be a defense for the contractor's
noncompliance.
9. A single goal for minorities and a separate single
goal for women have been established. The contractor, however,
is required to provide equal employment opportunity and to
take affirmative action for all minority groups, both male
19
MICROFILMED DY
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and ferrule, a»d all women, both minority and non -minority.
Consequently, the contractor may be in viola�ooed ti n of the
Executive Order if a particular group is employed
substantially disparate manner (for example, even though
the contractor has achieved its goals for yeomen generally,
the contractor may be in violation of the Executive Order
if a specific minority group of women is underutilised).
10. The contractor shall
or affirmative action standards
person because of race, color,
origin.
not use the goals and timetables
to discriminate against any
religion, sex, or national
11. The contractor shall not enter into any subcontract
with any person or firm debarred from Government contracts
pursuant to Executive Order 21246-
12. The contractor shall carry out such sanctions and
penalties for violation of these specifications and of the
Equal Opportunity Clause, including suspension, termination
mposed
and cancellation of existing subcontracts 4 may
be s amended,
or ordered pursuant to Executive Ordthel�fficeaof Federal
and its implementing regulations by
Contract Compliance programs, Any contractor who fails
to carry out such sanctions and penalties shall be in
violation of these specifications and Executive Order 11246,
as amended.
13. The contractor, in fulfuZling its obligaiiontiveder
these specifications, shall implement specific aff
action steps, at leastasextensivof these as those specifications, soyas to
prescribed in paragrap efforts to ensure equal
achieve mamimum results from its employment opportunity. If the contractor fails to comply
implementing
with the rthe requirements of the Executive Order, the imp
with e, or these specifications, the Director shall
reguproceed in accordance with 41 C.F.R. 60-4.8. official
14. The contractor shall designate a osenesurelthatfthe
to monitor all employment related nativity
company EEO policy is being carried out, be reuiredebyrthe
relating to the provisions hereof as may 9least
Government and to keep records. Recordstelephone numbers,i„clude
ll at
for each employee the name, address, employee
construction trade, union affiliation if any,,
identification number when aeszgned, social security number
race, sex, status (e.g., meehanie,appremtice, trainee, helper,
20
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or laborer), dates of changes in statue, hours worked
per week in the indicated trade, rate of pay, and locations
at which the work we performed. Records shall be maintained
in an easily understandable and retrievable form, however,
to the degree that existing records satisfy this requirement,
contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a
limitation upon the application of other laws which establish
different standards of compliance or upon the application
of requirements for the hiring of local or other area residents
(e.g., those under the Public Works Employment Act of 1977
and the Commmity Development Block Grant Program.)
(c) Notice. Recipient hereby agrees that it will ensure that the
not>Tce set forth below shall be included in, and shall be a part
of, all solicitions for offers and bids on all federal and federally
assisted construction contracts or subcontracts in'excess of $10,000
to be Performed in geographical areas designated by the Director,
Office of Federal Contract Compliance Programs of the Department
of Labor at 41 C.F.R. Section 60-4.6:
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY (Executive Order 11246):
1. The Offeror's or Bidder's attention is called to
the "Equal Opportunity Clause" and the "Standard Federal
Equal DnpZoyment Opportunity Construction Contract Specifi-
cations" set forth herein.
2. The goals and timetables for minority and female
participation, expressed in percentage terms for the
contractor's aggregate workforce in each trade on all
construction work in the covered area, are as follows:
Timetable Coals for Goals for female
minority participation participation in
for each trade each trade
Insert goals for Insert goals for
each year. each year.
These goals are applicable to all the contractor's con-
struction work (whether or not it is federal or federally
assisted) performed in the covered area.
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The contractor's compliance with the Sxeoutive order and the
regulations in 41 C.F.R. Part 60-4 shall be based on its imple-
mentation of the Squat Opportunity Clause, specific affirmative
action obligations required by the specifications eat forth in
41 C.F.R. 60-4.3(a), and its efforts to meet the goals establiehed
for the geographical area where the contract resulting from this
solicitation is to be performed. The hours of minority and female
employment and training must be aubstantially uniform throughout
the length of the contract, and in each trade, and the contractor
shall make a good faith effort to employ minorities and women
evenly on each of its projects. The transfer of minority or female
employees or trainees from contractor to contractor or from project
to project for the Bole purpose of meeting the contractor's goals
shall be a violation of the contract, the Executive Order and the
regulations in 41 C.F.R. Part 60-4. Compliance with the goals will
be measured against the total work hours performed.
3. The contractor shall provide written notification
to the Director of the Office of Federal Contract Compliance
Programs within 10 working days of award of any construction
subcontract in excess $10,000 at any tier for construction
work under the contract resulting from this solicitation.
The notification shall list the name, address and telephone
number of the subcontractor; employer identification number;
estimated dollar amount of the subcontract; estimated starting
and completion dates of the subcontract; and the geographical
area in which the contract is to be performed.
4. As used in this Notice, and in the contract resulting
from this solicitation, the "covered area" is (insert
description of the geographical areas where the contract
is to be performed giving the State, county and city, if any).
(d) labor Provisions. Pursuant to regulations set forth at 29
.F.R.
Co wing Provisions shall be incorporated in all
oonetructian contracts of $2,000 let by the Ascipient in carrying
out the Project.
(1) Minimum wa ea. (i) All mechanics and laborers
unclanditwnaoyed orwor sng upon the site of the work, will be paid
empwithout subsequent eduction ornot leas ten rebatteon an a week, and
(except such payroll deductions as apermittedo
ount
re by regu-
lations issued by the Secretary of Labor under the Cope-
land Aot (29 C.F.R. Part 3)1, the Jull amounts due at
time of payment computed at wage rates not Zees than
22
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those contained in the wage determination decision
of the Secretary regardless of any contractual ontractuf Labor allrelationsh rle to elationship
be alleged to exist between the contractor and such
laborers and mechanics; and the wage determination
decision shall be posted by the contractor at the site
of the work in a prominent place where it can be
easily seen by the workers. For the purpose of this
clause, contributions made or costs reasonably antici-
pated under section Z(c)(2) of the Davie -Bacon Act on
behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the
Provisions of 29 C.F.R. 5.5 (a)(Z)(iv). Also for the
purpose of this clause, regular contributions made or
costs incurred for more than a weekly period under plans,
funds, or programs,. but covering the particular weekly
period, are deemed to be constructively made or incurred
during such weekly period.
(ii) The contracting officer shall require that any
class of laborers or mechanics, including apprentices
and trainees, which is not listed in the wage determination
and which is to be employed under the contract, ahaZZ be
classified or reclassified conformably to the wage deter-
mination, and a report of the action taken shall be sent
by DOT to the Secretary of Labor. In the event the interested
Parties cannot agree on the proper classification or reclassifi-
cation of a particular class of laborers and mechanics,
including apprentices and trainees, to be used, the question
accompanied by the recommendation of the contracting officer,
shall be referred to the Secretary of Labor for final
de termination.
(iii) The contracting officer shall require, whenever
the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly wage rate and the
contractor is obligated to pay a cash equivalent of ouch
a fringe benefit, an hourly cash equivalent thereof to
be established. In the event the interested parties
cannot agree upon a cash equivalent of the fringe benefit,
the question, accompanied by the recommendation of the
contracting officer, shall be referred to the Secretary
of Labor for determination.
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141CROMMED BY
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(iv) If the contractor does not make payments to a
trustee or other third person, he may consider as part of
the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing benefits under a plan
or program of a type erpreseZy listed in the wage determination
decision of the Secretary of labor which is a part of this
contract: Provided, however, the Secretary of labor has
found, upon the written request of the contractor, that the
applicable standards of the Davis -Bacon Act have been met.
The Secretary of labor may require the contractor to Bet
aside in a separate account assets for the meeting of
obligations under the plan or program.
(2) Withholding. DOT may withhold or cause to be
withheld from the contractor so much of the accrued payments
or advances as may be considered necessary to pay laborers
and mechanics, including apprentices and trainees, employed
by the contractor or any subcontractor on the work the full
amount of wages required by the, contract. In the event of
failure to pay any laborer or mechanic, including any
apprentice or trainee, employed or working on the site of
the work, all or part of the wages required by the contract,
DOT may, after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be necessary
to cause the suspension of any further payment, advance,
or guarantee of funds until such violations have ceased.
(3) Payroll and Basic Records. (i) Payrolls and basic
records relating thereto will be maintained during the course
of the work and preserved for a period of three years thereafter
for all Zaborera and mechanics working at the site of the work.
Such records will contain the name and address of each such
employee, his correct classification, rates of pay (including
rates of contributione or costs anticipated of the types
described in section 1(b)(2) of the Davis -Bacon Act), daily
and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of labor has found under
29 C.F.R. 5.5 (a)(1) NO that the wages of any laborers or
mechanics include the amount of any costs reaeonably anticipated
in providing benefits under a plan or program described in
section 1(b) (2)(B) of the Davis -Bacon Act, the contractor
shall maintain records which show that the commitment to
provide such benefits is enforceable, and that the plan
or program is financially responsible, and that the plan
or program has been communicated in writing to the laborers
or mechanics affected, and records which show the costa
anticipated or the actual cost incurred in providing such
benefits.
24
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(ii) The sontractor will submit wsskly a copy of all
payrolls to the Recipient for transmittal to DOT. The copy
shaZl be accompanied by a statement signed by the employer
or his agent indicating that the payrolls are correct and
complete, that the wage rates contained therein are not
Zeas than those determined by the Secretary of Labor and
that the classifications set forth for each laborer or
mechanic conform to the workto be performed. A submission
of the "Weekly Statement of Compliance" which is required under
this contract and the Copeland regulations of the Secretary
of Labor (29 C.F.R., Part 3) and the filing with the initial
payroll or any subsequent payroll of a copy of any findings
by the Secretary of Labor under 29 C.F.R. 5.5 (a) (1) (iv)
shaZl satisfy this requirement. The prime contractor shall
be responsible for the submission of copies of payrolls of
all subcontractors. The contractor will make the records
required under the labor standards clauses of the contract
available for inspection by authorized representatives of
DOT and the Department of Labor, and will permit such
representatives to interview employees during working hours
on the job.
Contractors employing apprentices or trainees under approved
programs shaZZ include a notation on the first weekly certified
payrolls submitted to the contracting agencies that their employ-
ment is pursuant to an approved program and shall identify the
program.
(9) Apprentices and Trainees._
(A) Apprentices. Apprentices will be permitted to work
at less than the predetermined rate for the work they perform
when they are employed and individually registered in a bona
fide apprenticeship program registered with the U.S. Depart-
ment of Labor, Employment and Training Administration,
Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person
is employed in hie first 90 days of probationary employment
as an apprentice in such an apprenticeship program, who is
not individually registered in the program, but who has been
certified by the Bureau of Apprenticeship and Training or
a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The
allowable ratio of apprentices to journeymen in any craft
classification shall not be greater than the ratio permitted
to the contractor as to his entire work force under the
registered program. Any employee listed on a payroll at
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an apprentice wage rate, who is not a trainee as defined in
subdivision (B) of this subparagraph or is not registered or
otherwise employed as stated above, shall be paid the wage
rate determined by the Secretary of labor for the olaesification
of work he actually performed.
The contractor or subcontractor will be required to
furnish to the contracting officer or a representative of
the Wage -Hour Division of the U.S. Department of Labor
written evidence of the registration of his program and
apprentices as well as the appropriate ratios and wage
rates (expressed in percentages of the journeyman hourly
rates) for the area of construction prior to using any
arprentiees on the contract work. The wage rate paid
apprentices shall not be Zoos than the appropriate percentage
of the journeyman's rate contained in the applicable wage
determination.
(B) Trainees. Except as provided in 29 C.F.F. 5.15, trainees
will not be permitted to work at less than the predetermined
rate for the work performed unless they are employed pursuant
to or individually registered in a program which has received
prior approval, evidenced by formal certification, by the U.S.
Department of Labor, AnpZoyment and Training Administration,
Bureau of Apprenticeship and Training. The ratio of trainees
to journeymenshall not be greater than that permitted under
the plan approved by the Bureau of Apprenticeship and Training.
Every trainee must be paid at not less than the rate specified
in the approved program for his level of progress. Any
employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by
the Bureau of Apprenticeship and Training shall be paid not
less than the wage rate determined by the Secretary of Labor
for the classification of work he actually performed. The
contractor or subcontractor will be required to furnish the
contracting officer or a representative of the Wage -Hour
Division of the U.S. Department of Labor written evidence
of the certification of hie program, the registration of
the trainees, and the ratios and wage rates prescribed in that
program. In the event the Bureau of Apprenticeship and
Training withdraws approval of a training program, the
contractor viZl no longer be permitted to utilise trainees
at Zoos than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(C) Equal Employment OpportuntitN. The utilisation of
apprentices, trainee journeymen under this part shall
be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and
29 C.F.R. Part 30.
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(5) Compliance with Copeland Regulatione (29 C.F.R. Part 3).
The contractor shall comply with the Copeland Regulations
(29 C.F.R. Part 3) of the Secretary of Labor which are herein
incorporated by reference.
(6) Contract Termination; Debarment.
A breach of clauses (1) through (5) may be grounds
for termination of the contract, and for debarment as provided
in 29 C.F.R. 5.6.
(7) Overtime Roquircments.
No contractor or subcontractor contracting for any part
of the contract work which may require or involve the employ -
meet of laborers or mechanics shall require or permit any
laborer or mechanic in any workweek in which he is employed
on such work to work in excess of eight hours in any calendar
day or in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times his basic rate of pay for all
hours worked in excess of eight hours in any calendar day or
in excess of forty hours in such workweek, as the case may be.
(8) Violation; Liability for Unpaid Wages, Liquidated Damages.
In the event of any violation of the clause set forth in
subparagraph (7), the contractor and any subcontractor
responsible therefor shall be liable to any affected employee
for his upaid wages. In addition, such contractor and sub-
contractor shall be liable to the United States (tin the case
of work done under contract for the District of Columbia or a
territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic employee
in violation of the clause set forth in 'subparagraph (7), in
the sum of $10 for each calendar day on which such employee
is required or permitted to work in excess of eight hours or
in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth
in subparagraph (7).
(9) Withholding for Liquidated Damages.
DOT may withhold or cause to be withheld, from any moneys
payable on account of work performed by the contractor or
subcontractor, such sums as may administratively be determined
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to be neoesaary to aatiefy ¢ny liabilities of eyoh contractor
or subcontractor for liquidated
hdamages as provided in the
clause set forth in subparagraph
(10) Final Labor Summaru.
The contractor and each subcontractor shall furnish to
the Recipient, upon the completion of the contract, a summary
of all employment, indicating, for the completed Project,
the total hours worked and the total amount earned.
(11) Final Certificate.
Upon completion of the contract, the contractor shall
submit to the Recipient with the voucher for final payment
for any work performed under the contract a certificate
concerning wages and classifications for laborers and
mechanics, including apprentices and trainees employed
on the Project, in the following form:
The undersigned, contractor on
(Contract No. )
hereby certifies that all laborers, mechanics, apprentices
and trainees employed by him or by a subcontractor performing
work under the contract on the Project have been paid wages
at rates not 1080 than -those required by the contract
provisions, and that the work performed by each such laborer,
mechanic, apprentice or trainee conformed to the classifications
set forth in the contract or training program provisions
applieabis to the wage rate paid.
Signature and title
(12) Notice to the Recipient of Labor Disputes.
Whenever the contractor has knowledge that any actual
or potential labor dispute is delaying or threatens to delay
the timely performance of this contract, the contractor shall
immediately give notice thereof, including all relevant in-
formation with respect thereto, to the Recipient.
(13) Disputes Clause•
(i) All disputes concerning the payment of prevailing
wage rates or classification shall be promptly reported to
111CRUILIIED BY
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the Recipient for its referral to DOT for decision or, at the
option of DOT, DOT referral to the Secretary of Labor. The
decision of DOT or the Secretary of Labor as the case may be,
shall be final.
(ii) All questions relating to the application or
interpretation of the Copeland Act, 40 U.S.C. S 276c, the
Contract Work Hours Standards Act, 40 U.S.C. 55 327-333, the
Davis -Bacon Act, 40 U.S.C. 5 276a, or Section 13 of
the Urban Mass Transportation Act, 49 U.S.C. S Z60d, shall
be sent to UMTA for referral to the Secretary of Labor for
ruling or interpretation, and such ruling or interpretation
shall be final.
(14) Convict Labor.
In connection with the performance of work under this
contract the contractor agrees not to employ any person
undergoing sentence of imprisonment at hard labor. This
does not include convicts who are on parole or probation.
(15) Insertion in Subcontracts.
The contractor shall insert in all construction subcontracts
the clauses set forth in subsections (1) through (15) of this
section so that all of the provisions of this section will be
inserted in all construction subcontracts of any tier, and such
other clauses as the Covernment may by appropriate instructions
require.
(e)Chanes in Construction Contracts. Any changes in a construction
contract shall be submittedto DOT for prior approval unless the
gross amount of the changes is $100,000 or less, the contract was
originally awarded on a cometitive basis, and the change does
not change the scope of work or exceed the contract period.
Construction contracts shall include a provision specifi.ying that
the above requirevent will be met.
(f) Contract Security. The Recipient shall follow the requirements
of Circluar A-102, as amended, or A-110, as may be appropriate,
and [MIA guidelines with regard to bili guarantees and bondinq requirements.
(g) Mur= Duran Contraction. The Recipient shall follow the
uranoe re rwznts norms y required by their State and
local governments.
(h) Signs. The Recipient shall cause to be erected at the site of
mnstructicn, and maintained during construction, signs
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Caver�nt itWD�iipatinuf]ing inn thee&vaveloprcniect t oindicating
the Project t the
acts
(iy L ted Dmm s Proviaim. the Rsc pient shall i ludeoinlall ted
or construct n, a c ease satisfacto to DCT prw 4�
damages, if (1) DOT may reasanably P_xpact to suffer oamages (itucr'easeo
vests on the grant project involved) frau the lata gxinpletion of the
construction and (2) the extent or amount of such damages world be
difficult or �osaible to assess. The assessment for damages shall be
at a specified rate par day for each day of overrun in oantract tube
ch
deducted frau payments otherwise due the contractor. This rate, whi
twist be satisfactory to DDT, must be specified in the oortract.
(j) Provisions of Construction Contract. The terms and conditions of each
oaly�et>.trve y construction contract are subject to prior approval by
DOT if the estimated cost will exceed $25,000, unless and to the extent
that such prior approval is waived in writing by DOT. In addition to the
require ents of this Section 110, each construction contract shall
contain, among others, pravisions required by subsections (e), and (f)
of Section 109 hereof.
(k) Actual Work Contractor. The Recipient shall require that a construction
contractor per orm, on the site arra with his own staff, work equivalent
to at least 10 percent of the total a omt of construction work covered
by his contract.
(1) Force Account. if costs of construction performed by employees of the
Recipe teriare estimated to exceed $25,000, prior approval of DOT must
be obtained or else such costs may not be included as eligible
Project Costs.
(m) Safety standards. Saferty standardPursuans
to Act Section Department
ofe�tra Regulations at
ork
Hours and3'a%ty S
29 C.F.R. S 1926, no laborer of m chanic working on a construction
contract shall be required to work in surroundings or under work-
ing conditions which are unsanitary, hazardous, or dangerous to
his or her health and safety as determined tauter oenetruction
and health standards pra milgated by the Secretary of Labor.
Section 111.
(a) gEplYiance with
Provvluronren sion o Standards. - e am Air Act, Recipient
mended shall42
U.S.C. $ 1857 at seg.); the Federal Water Pollution Control Act, as
amended (33 U.S.C. 5 1251 at seg.); and implementing regulations,
in the facilities which are involved in the Project for which
federal assistance is given. The Recipient shall ensure that the
facilities under ownership, lease or supervision, whether directly
or under contract, that shall be utilized in the acoalilitsFacil of
the Project are not listed on the EPA's List of Violating Facilities.
Contracts, subcontracts, and subgrants of amonnits in excess of
$100,000 shall contain a provision which requires ocmplianoe with
all applicable standards, orders, or requirements issued under
Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508
of the Clean Water Act (33 U.S.C. 1368), Executive Order No. 11738,
and Environmental Protection Agency (EPA) regulations (40 C.F.R.
Part 15). The Recipient and any third -party contractor thereof
shall be responsible for reporting any violations to UMM and to
30
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the FPA Assistant Ad7linistrator for Enforoe ent. In addition, the
Recipient shall notify UMfA of the receipt of any oanmuiicaticn
from the Director of the EPA Office of Federal Activities indicating
that a facility to be utilized in the Project is under oonsideration
for listing in EPA.
(b) Air Pollution. No facilities or equipment shall be acquired, constructed,
or rov as a part of the Project unless the Recipient obtains satis-
factory assurances that they are (or will be) designed and equipped to
limit air pollution as provided in the External Operating Manual and
in accordance with all other applicable standards.
(c) Use of Public lands. No publicly owned lard from a park, recreation area,
or wildlife and waterfowl refuge of national, State, or local significance
as determined by the Federal, State or local officials having jurisdiction
thereof, or any land from an historic site of national, State, or local
significance as so determined by such officials may be used for the
Project without the prior ooncurrence of DOT.
(d) Historic Preservation. The Recipient shall assist UMPA in its coWliance
with Section 106 of the National Historic preservation Act of 1966, as
amended (16 U.S.C. 470), Executive Order No. 11593, and the Archeological
and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a)
consulting with the State Historic Preservation Officer on the conduct
of investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that
are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity,
and notifying iMA of the existence of any such properties, and by (b)
complying with all requirements established by UMPA to avoid or mitigate
adverse effects upon such properties.
(e) Energy Conservation. The Recipient and its third party contractors shall
recognize man arm tory standards and policies relating to energy efficiency
Which are contained in the State energy ocnservation plan issued in compliance
with the Energy Policy and Conservation Act (P.L. 94-163).
Section 112. Patent Rights.
(a) Whenever any invention, improvement, or discovery (whether or not patentable)
is conceived or. for the first time actually reduced to practice, by the
Recipient or its employees, in the course of, in connection with, or under
the teams of this Agreement, the Recipient shall immediately give the
Secretary of DOT, through UWA, or his authorized representative written
notice thereof; and the Secretary shall have the sole and exclusive power
to determine whether or not and where a patent application shall be filed,
and to determine the disposition of all rights in such invention, improve-
ment, or disoovery, including title to and rights under any patent appli-
cation or patent that may issue thereon. The determination of the
Secretary on all these matters shall be accepted as final, and the Recipient
agrees that it will, and warrants that all of its employees who may be
the inventors will, execute all documents and do all things necessary
or proper to the effectuation of such determination.
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(b) Except as otherwise authorized in writing by the Secretary or
his authorized representative, the Recipient shall obtain patent
agreerents to effectuate the provisions of this clause fran all
persons who perfornn any part of the work under this Agreement,
except such clerical and manual labor personnel as will have no
access to technical data.
(c) Except as otherwise authorized in writing by the secretary or
his authorized representative, the Recipient will insert in each
third -party contract having design, test, experimental, develop-
mental, or research work as one of its purposes, provisions
makixxj this clause applicable to the third -party contractor and
its employees.
(d) (1) The Recipient and the third -party contractor, each, may reserve
a revocable, nonexclusive, royalty -free license in each patent
application filed in any country on each invention subject to this
clause and resulting patent in which the Gaverrrent acquires title.
The license shall extend to the third -party contractors domestic
subsidiaries and affiliates, if any, within the corporate structure
of which the third -party contractor is a part and shall include the
right to grant sublioanses of the same scope to the extent the
third -party contractor was legally obligated to do so at the time
the contract was awarded. The license shall be transferable Only
with approval of UII'A except when transfered to the successor of
that part of the third -party contractor's business to which the
invention pertains.
(2) The third-partY contractor's nonexclusive domestic license
retained pursuant to paragraph (d)(1) of this comray bi ed
or modified by MM to the extent necessary
to tious
practical application of the Subject Invention under 41 C.F.R.
101-4.103-3 pursuant to an application for exclusive license submitted
in accordance with 41 C.F.R. 101-4.104-3. This license shall not
be revoked in that field of use and/or the geographical areas in
which the third -party contractor has brought the invention to the
point of practical application and continues to make the benefits
of the invention reasonably accessible to the public. The third -
party contractor's nonexclusive license in any foreign corsetry
reserved pursuant to paragraph (d)(1) of this clause may be revoked
or mortified at the discretion of UOiM to the extent the third -party
contractor
ohpdomestic laffiliates have
ailed
to achieve te raccllppationof the invention in that
foreign country.
(3) Before modification or revocation of the license, pursuant to
paragraph (d)(2) of this clause, IMA shall furnish then revoke the
contractor a written notice of its intention to modify
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license, and the third -party osntrector shall be allowed 30 days
(or such longer period as may be authorized by WIA for good cause
shown in writing by the third-p&M contractor) after the notice to
show cause why the License should not be modified oroked- The
accordance
third -party contractor shall have the right to apPeal, i
with procedures prescribed by Umm,anY decision concerning the
modification or revocation of his liaevnse.
(e) In the event no inventions, improvements, or discoveries (whether
or not patentable) are oonceived, or for the first time actually
reduced to practice by the Recipient, its ecployees, its third -
party contractors, or their mployees, in the course of, in
connection with, or under the terms of this Agreement, the Recipient
shall so testify to the Secretary or his authorized representative,
no later than the date on which the final report of work done, is
due.
(f) If the Recipient or the third-partY contractor is penmitted to file
patent applications pursuant to this Agreement, the following
statement shall be included within the'first paragraph of the
specification of any such patent application or patent:
The invention described herein was made in the
Trans-
portation. or under, a Project with the Departzmnt
(g) In the event the Recipient or the third -party contractor is permitted
to acquire principal rights pursuant to this clause and fails to
take effective steps within 3 years after issuance of a patent
on any patent applications permitted to be filed pursuant to this
clause to bring the claimed invention to the point of practical
application, the Secretary or his authorized representative TOY
revoke such rights or require the assignment of such rights to the
Goverment.
(h) The Secretary or his authorized representative shall, fomes the
expiration of three (3) years after final er documents,
grant, have the right to examine any
and other supporting data of the Recipient which the Secretary or
his authorized representative shall reasonably dean directly
pertinent to the discovery or identification -f inventions
falling within the criteria set out in paragrai" (a), or to
ornpliann 8 by the Recipient with the reViranent. of this clause.
The Secretary or his authorized repwresentativeishhat.t` aequ�aYe the
the period specified above, have the further right
an. quire
Recipient to exmBinne any books, records, docurien
supporting data of the third-pn ..Y contractor which the k.'ipisnt
shall reasonably damn directly pertinent to the discovery c`
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ieentification of inventions failing within the criteria wt
out in paragraph (a) or to aarpliannce by the third -party
contractor with the requirements of the patent rights clause
of the third -party contract.
Section 113. Riahts in Data.
(a) The term "subject data" as used herein means recorded information,
whether or not copyrighted, that is delivered or specified to be
delivered under this Agreement. The tear includes graphic or
pictorial delineations in media such as drawings or photographs;
text in specifications or related performance or design -type
docmrents; machine foams such as punxhed cards, magnetic tape,
or computer mmury printouts; and information retained in computer
memory. Examples include, but are mt limited to, engineering
drawings and associated Lists, specifications, standards, process
sheets, manuals, technical reports, catalog item identifications,
and related information. The tern does not include financial
reports, cost analyses, and similar info=ation incidental to
contract administration.
(b) All "subject data" first produced in the performance of this Agree-
ment shall be the sole property of the Government. The Recipient
agrees not to assert any rights at ccm= law or equity and not
to establish any claim to statutory copyright in such data. Except
for its own internal use, the Recipient shall not publish or
reproduce such data in whole or in part, or in any manner or form,
nor authorize others to do so, without the written consent of the
Govenine nt until such time as the Coverament may have released
such data to the public; this restriction, however, does not
apply to Agreements with Academic Institutions.
(c) The Recipient agrees to grant and does hereby grant to the Govern-
ment and to its officers, agents, and employees acting within the
scope of their official duties, a royalty -free, nonexclusive,
and irrevocable license throughout the world (1) to publish,
translate, reproduce, deliver, perform, use, and dispose of, in
any mazuner, any and all data not first produced or ompow d in
the performance of this Agreement but which is incorporated in
the work furnished under this Agr6ement; and (2) to authorize
others so to do.
(d) The Recipient shall indemnify and save and hold harmless the Govern-
ment, its officers, agents, and employees acting within the scope
of their official duties against any liability, including costs
and expenses, resulting from any willful or intentional violation
by the Recipient of proprietary rights, copyrights, or rights of
34
MICROFILMED By
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CEDAR RAPIDS • DES MOINES
privacy, arising out of the publication, translation, "Production,
delivery, perfornwIm, use, or disposition of any data
fihed
under this Agreement.
(e) Nothing contain d in this clause shall inply A licenEa to the
Goverment under any patent or be construed as affecting the
scope of any license or other right otherwise granted to the
Government under arty patent.
(£) In the event that the Project, which is the subjs--t of this Agroere'snt,
is not coapleted, for any reason whatnover, all datA arnerated
under that Project shell became subject data as defined in the
Rights in Data clause in this Agreement and shall be delivered as
the Goverment may direct. This clause shall be included in all
third -party contracts under the Project.
(g) Paragraphs (c) and (d) above are not applicable to
at furnished
mco
to the Recipient by the Goverment and incorporatedthe work
material
furnished under the contract: provided that such irrpor
is identified by the Recipient at the time of delivery of such
work.
Section 114, cargo Preference - Use of United States -Flag Vessels.
(a) 46 U.S.C. S 1241 provides in pertinent part as follows:
(b)(1) k1hanevar the United States shall procure, contract
for, or otherwise obtain for its own accent, or shall furnish to
or for the account of any foreign nation without provision for
reiM=senent, any equipment, materials, or commodities, within
or without the United States, or shall advance funds or credits
or guarantee the convertibility of foreign currencies in connection
with the furnishing of such equipment, materials, or commodities,
the appropriate agency or agencies shall take such steps as nuy
be necessary and practicable to assure that at least So per centum
of the gross tannage of such equipment, materials, or amnodities
(computed separately for dry bulk carriers, dry cargo liners, and
tankers), which may be transported an privately owned United States -
flag commlarcial vessels, to the extent such vessels are available
at fair and reasonable rates for United States -flag armcnarcial ici-
vessels, in such manner as will insure a fair and reasonable partici-
pation of United states -flag commercial vessels in such cargoes
by geographic arms: ... .
(2) Lvary departnent or agency having responsibility under
this subsection Shall administer its programs with respect to
this subsection under regulations issued by the Secretary of
Commerce ... .
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(b) Pursuant to regulations published by the Secretary of Commerce at
46 C.F.R. Part 381, the Recipient agrees to insert the following
clauses in all contracts let by the Recipient taller which equipment,
materials or come, ities may be transported by ocean vessel in
carrying out the Project:
The contractor agrees --
(Z) To utilize privately owned United States -flag commercial
vessels to ship at least 50 percent of the gross tonnage (computed
separately for dry bulk carriers, dry cargo liners, and tankers)
involved, whenever shipping any equipment, materials, or commodities
pursuant to this section, to the extent such vessels are available
at fair and reasonable rates for United States -flag commercial
vessels.
(2) To furnish within 30 days fullowing the date of loading
for shipments originating within the United States, or within 30
working days following the date of loading for shipment originating
outside the United States, a legible copy of a rated, "on -board"
commercial ocean bill -of -lading in English for each shipment of
cargo described in paragraph (Z) above to the Recipient (through .
the prime contractor in the case of subcontractor bills-of-Zading)
and to the Division of National Cargo, Office of Market Develop-
ment, Maritime Administration, Washington, D.C. 20230, marked
with appropriate identification of the Project.
(3) To insert the substance of the provisions of this clause
in all subcontracts issued pursuant to this contract.
Section 115. Buy America.
Pursuant to Section 401 of the Surface Transportation Asaistanm
Act of 1978 P.L. 95-599, Nov. 6, 1978, and regulations published
thereunder, the recipient agrees that if the total cost of this
Project or any amendment thereto exceeds $500,000,and if funds therefor
are obligated by the Government after Noveybsr 6, 1978, the recipient
shall require with respect to any third party contract thereunder
that exceed 9 $500,000 that only such u mmufactuned articlas, materials,
and supplies as have been mined or produced in the United States,
arca only mrh manufactured articles, materials, and supplies as have
been manufactured in the United States substantially all from
articles, materials, and supplies mined, produoad, or manufactured,
as the case may be, in the United states, will be used in nr:h Project,
unless a waiver of these provisions is -granted.
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Upon written request to the Secretary, the Recipient may request
a waiver of the above Provieicns. Such waiver may be granted if
the Secretary determines:
(1) their application mould be inconsistent with the Public
interest;
(2) in the case of acquisition of rolling stock, thea aPPtiate
cation would result in unreasonable cost (after granting pProp
price adjustuents to domestic products based on that portion of
Project cost likely to be retuned to the United States and to
the States in the form of tax revenues);
(3) supplies of the class or kind to be used in the manufacture
of articles, materials, supplies are not mined, produced, or
manufactured in the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
(4) that inclusion of domestic material will increase
cost of the overall project contract by more than 10 per
Section 116. Charter and School Bus Operations.
(a) Charter Bus. The Recipient, or any operator s us operations t o',
acting on its behalf, shall not engage
outside the urban area within which it provides regularly scheduled
mass transportation service, except as Provided under Section 3(f)
of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C.
S 1602(f), and regulations published thereunder.
(b) School Bus. The Recipient, or any operator of mass transportation
actrj; pion is behalf, shall not engage in school bus operations,
exclusively for the transporation of students or school personnel,
in ompetition with private school bus operators, except as
provided wider Section 3(g) of the Urban Mass Transportation Act
of 1964, as emended, 49 U.S.C. S 1602(x) and reaulatrons oublished
thereunder.
Section 117. dianoe with Elderly and Handicapped Regulations.
The Recipient shall insure that all fixed facility construction or
alteration and all new equiprent included in the Project cotply with
applicable regulations regarding Transportation for Elderly and Handi-
capped Persons, set forth at 49 C.F.R. Part 27.
Section 115. Flood Hazards.
The Recipient shall comply with the flood insurance Purchase require-
ments with respect to construction or acquisition purposes, of
Section 102(x) of the Flood Disaster Protection Act of 1973,
42 U.S.C. S 4012(x).
37
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Section 119. Privacy.
Should the Recipient, ita third party contractors or its employees
administer any system of records on behalf of the Federal Govarenent,
the following teens and conditions are applicable.
(a) The Recipient agrees:
(1) to comply with the Privacy Act of 1974, 5 U.S.C. S 552a
(the Act) and the rules and regulations issued Pursuant tthe Act 'Asn
performance under the contract involves the design, development,
or operation of any system of records on individuals to be
operated by the Recipient, its contractors or employees to
accomplish a Goverment function;
(2) to notify the Government when the Recipient anticipates
operating a system of records on behalf of the CovernTent in order
to accomplish the requirements of this Agreement,
system contains infonotion about individuals which will be
retrieved by the individual's name or other act tifierto the signed
to the individual. A system rf or records
Agreement until
may not ss employed in the per is applicable
the necessary aPP�i and publication requirements
to the system have been carried out. The Recipient agrees to
correct, maintain, disseminate, and use such records in
accordance with the requirements of the Act, and to comply
with all applicable requirements of the Act;
(3) to include the Privacy Act Notification contained
in this Agreement in every third party contract solicitation
and in every third party contract when the performanoe of
work under the proposed third party contract may involve the
design, development, or operation of a system of records on
individuals that is to be operated under the contract to
accomplish a Gmmxm nt function; arra
(4) to include this clause, including this paragraph, in
all third party contracts under which work for this Agreement
is performed or which is awarded pursuant to this Agreement or which
may involve the design, development, or operation of such
a systan of records on behalf of the Government.
(b)Fbr purposes of the Privacy Act, when the Agreement involves
the operation of a system of records on individuals to
accomplish a Goverment function, the Recipient, third party
contractor and any of their employees is considered to be an
employee of the Cevernaent with respect to the Goverment
function and the requirements of the Act, including the
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civil and criminal penalties for violation of the Act, are
applicable except that the criminal penalties shall not apply
with regan9 to contracts effective prior to Septelber 27, 1975.
In addition, failure to amply with the provisions of the Act
or of this clause will make this Agreement subject to termi-
nation.
(c) the terms used in this clause have the following meanings:
(1) "operation of a system of records" means performance
of any of the activities associated with maintaining the system
of records on behalf of the Goverrunent including the collection,
use and dissenination of records.
(2) "Record" means any item, collection, or grouping of
information about an iddividual that is mintained by the
Recipient on behalf of the Government, including, but not
limited to, his education, financial transactions, medical
history, and criminal or esployment history and that contains
his name, or the identifying number, symbol, or other
identifying particular assigned to the individual, such as
a finger or voice print, or a photograph.
(3) "System of records" on individuals means a group of
any records under the control of the Recipient on behalf of
the Government from which information is retrieved by the name
of the individual or by some identifying nurber, symbol, or
other identifying particular assigned to the individual.
Section 120. Miscellaneous.
(a) Bonus or Calmission. The Recipient warrants that it has not
paid, and also agrees not to pay, any bonus or arlmission for
the purpose of obtaining an approval of its application for
the financial assistance hereunder.
(b) State or Territorial law. Anything in the Agreement to the
contrary no , nothing in the Agreement shall
require the Recipient to observe or enforce ooWliance with
any provision thereof, perform any other act or do any other
thing in contravention of any applicable State or territorial
law; provided, That if any of the provisions of the Agreement
violate any applicable State or territorial law, or if eomplianoe
with the provisions of the Agreement world require the Recipient
to violate any applicable State or territorial law, the
Recipient will at once notify DOT in writing in order that
appropriate changes and modifications may be mads by DOT and the
Recipient to the end that the Recipient may proceed as soon
as possible with the Project.
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(c) ibcror is. The Recipient, and any am tnrapwtation gmrstor
�orviii �h it applisa wi11, for each local fiaml year andira
an or after July 1, 1978, oonfcas W the ssp=ting aystm and
the unifcam syetm of ao=snts ad su=rds to the extent
required by section 15 of the Urban Nrw Tranepoestion Act
of 1961, as amended, 19 U.S.C. f 1611, effective far each
local fiscal year wdingt on as after July 1, 1978, and fMa
regulations.
(d) Severabilit . If any provisim of this )Agreement is held invalid,
the of this Agrewmt shall rot be affected thereby
if such reminder mould then omtinue to omfosm to the team
and requirements of applicable law.
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141CROFILI-ED BY
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RESOLUTION NO. 82-220
RESOLUTION AUTHORIZING THE MAYOR TO SIGN, AND THE CITY CLERK TO
ATTEST, THE CAMBUS SUPPLEMENTARY SERVICE 28E AGREEMENT.
WHEREAS, it is in the mutual interest of the City and the University of
Iowa to provide fixed -route transit service within Iowa City and the
University campus; and
WHEREAS, the University's CAMBUS Pentacrest route supplements service
along an Iowa City Transit high ridership corridor; and
WHEREAS, Chapter 28E of the Code of Iowa, provides that any power
exercisable by a public agency of this State may be exercised jointly with
any other public agency of this State having such power; and
WHEREAS, the City and the University have negotiated a 28E Agreement for
CAMBUS Supplementary Service, a copy of said agreement attached and by
this reference made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA:
1. That the Mayor is authorized to sign, and the City Clerk to attest,
said 28E Agreement for CAMBUS Supplementary Service.
2. That the City Clerk be directed to file the agreement with the
Secretary of State and the Johnson County Recorder, pursuant to
Chapter 28E, Code of Iowa.
It was moved by McDonald and seconded by
Lynch the Resolution be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
x Balmer
x Dickson
z Erdahl
x Lynch
x McDonald
x Neuhauser
x Perret
Passed and approved this 17th day of August 1982•
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MAYOR pia tem
ATTEST:
CITY CLERK
Reeeivod & Approved
By The Legal Department
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J„ 111CRO(ILMED BY
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JORM MICRAi, LAB
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CAMBUS SUPPLEMENTARY SERVICE AGREEMENT
This agreement is made and entered into on the,i i - day of
1982, by and between the City of Iowa City, a municipal corporation,
hereinafter referred to as "the City," and the University of Iowa, a State
Board of Regents institution, hereinafter referred to as "the
University."
WHEREAS, it is in the mutual interest of the City and the University to
provide fixed -route transit service within Iowa City and the University
campus; and
WHEREAS, the University's CAMBUS Pentacrest route supplements service
along an Iowa City Transit high ridership corridor; and
WHEREAS, Chapter 28E of the Code of Iowa, 1979, provides that any power
exercisable by a public agency of this State may be exercised jointly with
any other public agency of this State having such power;
NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY AND THE UNIVERSITY:
I. SCOPE OF SERVICES
A. The City agrees to contract with the University for the
provision of CAMBUS Pentacrest service. Said contract is
contingent upon the receipt of Iowa State Transit Assistance
funds by the City.
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II. GENERAL TERMS
A. The City will pay the University $500 for the execution of a
"CAMBUS Supplementary Service Agreement." In executing this
Agreement, the University agrees to operate the CAMBUS
Pentacrest route Monday through Friday during fiscal year 1983,
between the hours of 6:25 a.m. and 6:21 p.m., excluding
' University holidays.
B. In the event of overcrowding on Iowa City Transit vehicles
operating in the Downtown -North Hospital corridor, the City
shall provide signage on board Iowa City Transit vehicles
advertising the CAMBUS Supplementary Service.
C. The CAMBUS Pentacrest route will provide 15% more rides in FY83
than in FY81 (334,384). For each one percent ridership increase
over 334,384 the City will pay the University $1,000, to a
maximum of 15% ($15,000). This $15,000 will be paid to the
j University in quarterly installments during FY83.
D. If at the end of FY83 the University has not achieved at least a
15% increase in ridership on the Pentacrest Route over the FY81
level, the University shall refund to the City that portion of
the $15,000 which was not earned.
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E. The University shall reserve the right to refuse any portion of
the funding throughout the year.
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F. The University shall agree to provide the City with financial
and non-financial Uniform Data Management System statistics on
a quarterly basis during FY83.
III. DURATION
This agreement shall be in effect from July 1, 1982, to June 30,
1983.
IV. EXTENT OF AGREEMENT
A. This agreement shall be filed with the Secretary of the State of
Iowa and the County Recorder of Johnson County, Iowa, pursuant
to the requirements of Chapter 28E, Code of Iowa.
B. This agreement represents the entire agreement between the City
and the University for Pentacrest supplementary service. It
may be amended only by written instrument signed by all parties.
CITY OF IOWA CITYI, IOWA
By
Mayorpro iAr•
ATTEST
U�NRM
ERSITY OF IOWA
U a%%%"
ATTEST
Received S Approved
3y The legal Departnxnt
MICROFIL14ED BY
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Johnson �cC�ouln uGIYO �n z2�f Governments
Date: August 10, 1982
To: City Manager & City Council
From: Jeff Davidson, Assistant Transportation Planner `l[)
Re: CAMBUS Supplementary Service Agreement
Please allow me to clear up the confusion regarding the CAMBUS supplementary
service agreement.
Last Spring, it was approved by the City Council for Iowa City to apply for Iowa
State Transit Assistance (STA) funds on behalf of CAMBUS. This was done because
the Iowa Department of Transportation (IDOT) does not consider CAMBUS an
eligible recipient of STA except through a contractual arrangement with a
municipal system. Since all STA funding is "project oriented", a project was
developed where IDOT would pay $1,000 for a contract to be signed between Iowa
City and the University, each party to receive $500; and $15,000 to be paid
based on ridership on the CAMBUS Pentacrest route, a route which supplements
Iowa City transit service through the high ridership corridor between downtown
and North Hospital. This $16,000 would be received by Iowa City and passed
through to CAMBUS, except for the $500 the City would keep for signing the
contract. This funding would not otherwise have come to the Iowa City area.
The original agreement between the City and the University was written to
reflect this pass-through of funds from IDOT through Iowa City to the
University. However, this met with disapproval from IDOT because they felt it
inferred that CAMBUS was a designated recipient of STA. They asked that the
contract be revised to reflect only the agreement between the City and the
University, with no mention of IDOT. They felt the City's receipt of the funds
from IDOT was sufficiently delineated in Iowa City Transit's STA contract.
This is where the confusion occurred. Although Section II (A) of the contract
reads that the City will pay the University $500 for signing the contract, what
it really means is that the City and the University will split $1,000 received
from the State. This also applies to Section II(C): the $1,000 payments from
the City to the University are actually pass-through payments received from
IDOT. You will note that Section I(A) voids the contract if funds are not
received from IDOT.
It's unfortunate the contract had to be written so vaguely, but it was necessary
in order to receive the funding. I will be present at your August 16 informal
meeting to answer any questions you may have.
bc4/3
cc: Mike Finnegan, University of Iowa
John Lundell
Don Schmeiser
11ICROFILMED BY
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CITY OF
CIVIC CENTER 410 E. WASHINGTON ST
17 /50:72
OWA CITY
IOWA CITY, IOWA 52240 (319) 356-5000
August 23, 1982
Mary Jane Odell
Secretary of State
Iowa State Capitol Bldg.
Des Moines, Iowa 50319
I Dear Ms. Odell:
The City of Iowa City and the University of Iowa have entered into
i an agreement conforming to Chapter 28N of the Code of Iowa, re-
garding CAMBUS Supplementary Service to transit.
Attached is an originally executed Resolution of Council authorizing
the agreement, with an originally executed agreement with the University.
These documents have been recorded with the Johnson County Recorder.
Yours very truly,
Abbie Stolfus, CMC, City Clerk
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MARY JANE ODELL
SECRETARY OF STATE
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August 25, 1982
STATE CAPITOL BUILDING
DES MOINES. IA 50119
5152BI 5064
City of Iowa City
410 E. Washington St.
Iowa City, Iowa 52240
Re: 28E Agreement Transit services between Universi-
ty of Iowa and University campus known as CAMBUS (
Dear Ms. Stolfus: i
We have received the above described agreement, which !
you submitted to this office for filing, pursuant to
the provisions of Chapter 28E, 1981 Code of Iowa.
You may consider the same filed as of August 24, 1982.
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Cordially,
m.
o�
MARY J N ODE LL
Secretary of State
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E"
RESOLUTION NO. 82-221
RESOLUTION AFFIRMING EMPLOYEE DISCHARGE
WHEREAS, Iowa Code Chapter 400.19 - Civil Service requires that the City
Council shall affirm or revoke the discharge of any Civil Service
employee, and
WHEREAS, effective August 3, 1982, Dale H. Brown, Sr., an Iowa City Mass
Transit Operator was discharged from employment by the City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the discharge of Dale H. Brown is affirmed.
It was moved by Lynch and seconded by Balmer the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x Dickson
x Erdahl
f x Lynch
x McDonald
x Neuhauser
x Perret
fPassed and approved this 17th day of August 1982.
T�:MeE 1
I MAYOR Pro I fem
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ATTEST:
14
CITY CLERK
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Retolml A
By The ladal D�p,uiata Iii
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