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HomeMy WebLinkAboutOshkosh Transit System- Under Age 60GRANT AGREEMENT Between WINNEBAGO COUNTY and City of Oshkosh - Oshkosh Transit System for Provision of Rural Transportation Services for Winnebago County Disabled Citizens Under the Age of Sixty Living in the Rural Area. This GRANT AGREEMENT is made and entered into this 1st day of January 2020 by and between WINNEBAGO COUNTY, hereinafter referred to as "COUNTY," whether a department, board or agency thereof and City of Oshkosh - Oshkosh Transit System, 926 Dempsey Trail, Oshkosh WI 54902, hereinafter referred to as "GRANTEE". WITNESSETH: WHEREAS the COUNTY by its Human Services Department whose address is 220 Washington Avenue, Oshkosh, Wisconsin 54901 desires to provide financial grant assistance to GRANTEE for the purpose of providing Provision of Rural Transportation Services for Winnebago County Disabled Citizens Under the Age of Sixty Living in the Rural Area in Winnebago County and WHEREAS the GRANTEE whose address is 926 Dempsey Trail, Oshkosh, WI 54902, is able and willing to provide such program services; NOW, THEREFORE, in consideration of the above premises and the mutual covenants of the parties hereinafter set forth, the receipt and sufficiency of which is acknowledged by each party for itself, the COUNTY and the GRANTEE do agree as follows: SECTION I: RESPONSIBILITIES OF GRANTEE TERM — The term of this GRANT AGREEMENT shall commence as of the 1st day of January 2020, and shall terminate as of the 3151 day of December 2020. 2. GRANTEE agrees to use monies provided through this GRANT AGREEMENT to undertake the aforementioned service program as described in the Winnebago County's Plan for Services to the Elderly 2019-2021, to consumers of Winnebago County Department of Human Services, which is hereby incorporated by reference into this GRANT AGREEMENT. GRANTEE agrees to obtain prior approval from the COUNTY if funds covered under this GRANT AGREEMENT are to be used for purposes other than those described in Section III of the aforementioned Plan and Budget. 2020 GRANT AGREEMENT Page 2 of 6 3. GRANTEE agrees to obtain prior approval by written amendment from the COUNTY for funds covered under this GRANT AGREEMENT to be used for purposes other than those described in GRANT AGREEMENT. 4. ASSIGNMENT — GRANTEE shall not assign any interest or obligation in this agreement and shall not transfer any interest or obligation in this agreement, whether by assignment or novation, without the prior consent of the COUNTY. SECTION II: BUDGET AND PAYMENT PROCEDURES 1. COUNTY agrees to provide the GRANTEE with funding for the total amount of $47,532.00, payable in monthly payment upon receipt of invoice by GRANTEE to COUNTY for the purpose of providing Provision of Rural Transportation Services for Winnebago County Disabled Citizens Under the Age of Sixty Living in the Rural Area. 2. GRANTEE may in no case obligate Federal, State, or County monies provided through this GRANT AGREEMENT beyond December 31, 2020. Obligated funds not actually expended by GRANTEE must be returned to the COUNTY within thirty (30) days following end of Grant period as specified herein. 3. GRANTEE agrees to provide COUNTY monthly fiscal reports within ten (10) working days of the end of each calendar month and to complete other reports as requested by COUNTY. COUNTY shall reimburse GRANTEE within ten (10) days of the report due date with payment based upon actual expenses report by GRANTEE. GRANTEE agrees to submit a final year-end report, if applicable, by February 18, 2021. For Grant Agreements that are not a lump sum payment, if an expense report is submitted outside of the reporting requirements, GRANTEE risks the possibility of not receiving payment. 4. GRANTEE shall in accordance with the Department of Treasury Internal Revenue Service Tax Equity and Fiscal Responsibility Act of 1982 submit to the COUNTY the GRANTEE'S Taxpayer Identification Number and Certification by completing and signing the Form W- 9. COUNTY will comply with the reporting provisions assigned by federal and state tax laws. SECTION III: AUDIT AND RECORD DISCLOSURES Unless waived by the Agency and approved by the Wisconsin Department of Children and Families and/or Department of Health Services as applicable, the Provider shall submit an annual audit to Purchaser. The audit shall be performed in accordance with generally accepted auditing standards found under Wisconsin State Statute 46.036 (DHS) & 49.34. (4)(c) (DCF). Each PROVIDER must provide the PURCHASER with an Agency -Wide, Annual Certified Financial and Compliance Audit within 30 days of its receipt, but not later than 180 days after the completion of the calendar year. In addition, the PROVIDER agency is responsible for ensuring that the audit complies with other standards that may be applicable depending on the types of services provided, and the nature and amount of financial reimbursement received. Financial and Compliance Audits vary by type of agency as shown below (Governmental / Non -Profit / For Profit) & by the source of the funding at the State level. DHS (Department of Health Services) follows the DHS Audit Guide, an 2020 GRANT AGREEMENT Page 3 of 6 appendix of the State Single Audit Guide; DCF (Department of Children & Families) follows the State Single Audit Guidelines & Provider Agency Audit Guide. Please note that the implementation of the Super-Circular/Omni-Circular/UGG Codified 2 CFR Part 200 will take place on December 26, 2014. PROVIDER is responsible for consulting this source document for the most current audit guidelines via the following link: (http://www.gpo.qov/fdsys/pkq/FR-2013-12-26/pdf/2013 30465 pdf). 2. EXEMPT FROM AUDIT REQUIREMENT: Total agency annual dollar amount paid from all counties remains under $100,000.00 for calendar year. SECTION IV: HOLD HARMLESS GRANTEE agrees to at all times during the term of this agreement, indemnify, save harmless and defend the COUNTY, its boards, commissions, agencies, officers, employees and representatives against any and all liability, losses, damages, costs or expenses, whether personal injury or property damage, that the COUNTY, its officers, employees, agencies, boards, commissions and representatives may sustain, incur or be required to pay by reason of the GRANTEE furnishing the services or goods required to be provided under this agreement, provided, however, that the provision of this section shall not apply to liabilities, losses, charges, costs, or expenses caused by or resulting from the acts or omissions of the COUNTY, its agencies, boards, commissions, officers, employees or representatives. 2. In no event shall the making of any payment required by this agreement constitute or be construed as a waiver by the COUNTY of any breach of the covenants of this agreement or a waiver of any default of the GRANTEE and the making of any such payment by the COUNTY while any such default or breach shall exist shall in no way impair or prejudice the right of the COUNTY with respect to recovery of damages or other remedy as a result of such breach or default. SECTION V: CIVIL RIGHTS COMPLIANCE/DISCRIMINATION GRANTEE agrees to comply with all Equal Opportunity Requirements under Title VI and VII of the Civil Rights Act of 1964; Sections 503 and 504 of the Rehabilitation Act of 1973; Title VI and XVI of the Public Health Service Act; the Age Discrimination in Employment Act of 1967; the Age Discrimination Act of 1975; the Omnibus Reconciliation Act of 1981; the American with Disabilities Act (ADA) of 1990; the Wisconsin Fair Employment Act and applicable amendment. The GRANTEE agrees to provide evidence of compliance of said federal requirements as determined by the US Department of Health Services and the US Department of Agriculture per the following: GRANTEE agrees to submit a Civil Rights Letter of Assurance (LOA) with the appropriate attachments as required by the State of Wisconsin regardless of the number of employees And the amount of the state and/or federal funding received. The following internet website specifies the specific requirements: hftp://www.dhs.wisconsin.gov/civilrights/ 2020 GRANT AGREEMENT Page 4 of 6 GRANTEE'S that employee fifty (50) or more employees and has a total contracted dollar amount of $50,000.00 or more throughout this time period agrees to complete a Civil Rights Compliance (CRC) plan with the appropriate attachments as required by the State of Wisconsin. The CRC plan must be kept on file and produced upon the COUNTY'S request. 2. GRANTEE agrees that: a. No otherwise qualified person shall be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination in any manner on the basis of race, color, national origin, religion, sex, disability or age. These terms shall cover eligibility for and access to service delivery, and treatment in all programs and activities. b. No otherwise qualified person shall be excluded from employment, or be denied the benefits of employment, or otherwise be subject to discrimination in employment in any manner, or term of employment on the basis of age, race, religion, color, sex, national origin, ancestry, disability (as defined in Section 504 of the Rehabilitation Act and the Americans with Disability Act), arrest, or conviction record, sexual orientation, political affiliation, marital status, or military participation. All employees are expected to support goals and programmatic activities relating to non-discrimination in employment. C. The GRANTEE shall post the Equal Opportunity Policy, the name of the Equal Opportunity Coordinator and the discrimination complaint process in conspicuous places available to applicants and consumers of services, and applicants for employment and employees. The complaint process shall be according to COUNTY'S standards and made available in languages/formats understandable to applicants, consumers, and employees. d. GRANTEE agrees that through its normal selection of staff, it shall employ staff with special language skills or find qualified persons who are available within a reasonable period of time and who can communicate with limited or non-English speaking or hearing impaired consumers at no cost to the consumer; provide aids, assistive devices or other reasonable accommodations to the consumer during the application process, in the receipt of services and in the process of complaints or appeals, train staff in human relations techniques and sensitivity to persons with disabilities and sensitivity to cultural characteristics; make programs and facilities accessible, as appropriate, through outstations, authorized representatives adjusted work hours, ramps, doorways, elevators, or ground floor rooms, and Braille, large print, or typed information for visually impaired; posted and/or available informational materials in languages and formats appropriate to the needs of the consumer population. e. The GRANTEE agrees to comply with and follow Section 51.61 of the Wisconsin Statutes which establishes rights for individuals who receive purchased services and HFS 94 Wisconsin Administrative Code — Patient Rights, including the establishment of a Patient/Consumer Rights Grievance Procedure. The GRANTEE shall make available to the COUNTY a copy of the grievance procedure as required in Section 51.61 of the Wisconsin State Statutes. Further, 2020 GRANT AGREEMENT Page 5 of 6 the GRANTEE agrees to make available to the COUNTY information and statistics regarding the use of such a grievance procedure. SECTION VI: GRANT AGREEMENT REVISIONS AND/OR TERMINATIONS 1. Failure to comply with any part of this GRANT AGREEMENT may be considered cause for revision up to and including termination. 2. GRANTEE shall return any grant funds to COUNTY not used for the intended purpose stated in this GRANT AGREEMENT. 3. Revision of this GRANT AGREEMENT must be agreed to by COUNTY and GRANTEE by an addendum signed by the authorized representatives of both parties. 4. GRANTEE shall notify COUNTY whenever it is unable to provide the required quality or quantity of services. Upon such notification, COUNTY and GRANTEE shall determine whether such inability will require a revision or cancellation of this GRANT AGREEMENT. 5. If COUNTY finds it necessary to terminate the GRANT AGREEMENT prior to the GRANT AGREEMENT expiration date for reasons other than non-performance by the GRANTEE, actual cost incurred by the GRANTEE may be reimbursed for an amount determined by mutual agreement of both parties. 6. This GRANT AGREEMENT can be terminated by 30-day written notice by either party. SECTION VII: CONDITIONS OF THE PARTIES OBLIGATIONS 1. This GRANT AGREEMENT is contingent upon authorization of Wisconsin and United States laws and any material amendment or repeal of the same affecting relevant funding or authority of the COUNTY shall serve to terminate this GRANT AGREEMENT, except as further agreed to by the parties hereto. 2. Nothing contained in this GRANT AGREEMENT shall be construed to supersede the lawful powers or duties of either party. 3. It is understood and agreed that the entire GRANT AGREEMENT between the parties is contained herein, and that this GRANT AGREEMENT supersedes all oral agreements and negotiations between the parties relating to the subject matter thereof. 4. GRANTEE shall comply with Wisconsin Administrative Code Chapters DHFS 12 and 13 and any related statutes in relationship to all persons employed or contracted with by GRANTEE to provide any services pursuant to this GRANT AGREEMENT and shall provide COUNTY with appropriate proof as to said compliance. 2020 GRANT AGREEMENT Page 6 of 6 SECTION VIII: GRANTEE'S LEGAL STATUS 1. GRANTEE warrants that it has complied with all necessary requirements to do business in the State of Wisconsin, and that the persons executing this agreement on its behalf are authorized to do so. GRANTEE shall notify COUNTY immediately, in writing, of any change in address or GRANTEE'S legal status. 2. WISCONSIN LAW CONTROLLING — It is expressly understood and agreed to by the parties hereto that in the event of any disagreement or controversy between the parties, Wisconsin law shall be controlling. SECTION X: AUTHORIZATION COUNTY enters into this GRANT AGREEMENT pursuant to and by authority of Winnebago County. GRANTEE enters into this GRANT AGREEMENT pursuant to and by authority of its Board of Directors, governing body, or other delegated designee, which has legal authority to enter into contractual agreements. SECTION XI: INDEPENDENT CONTRACTOR STATUS The parties agree that the GRANTEE is an independent contractor and that the GRANTEE, its employees and agents are not employees of COUNTY. GRANTEE agrees to secure at GRANTEE'S own expense all personnel necessary to carry out GRANTEE'S obligations under this agreement. Such personnel shall not be deemed to have any direct contractual relationship with the COUNTY. GRANTEE City of Oshkosh - Oshkosh Transit System SEE ATTACHED PAGE Mark Rohloff COUNTY WINNEBAGO COUNTY Mark L. Harris Date Winnebago County Executive Sue Ertmer Date County Clerk IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their respective proper officers and affixed their corporate seals hereto as of the day and year first above written. CITY OF OSHKOSH MARK A ROHLOFF CITY MANAGER ci a� �;Joj PAMELA R. UBRIG i-'� CITY CLERK APPROVED BY: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. LY A)LOREN's6N RUSS VAN GO PEL CITY ATTORNEY FINANCE DIRECTOR