HomeMy WebLinkAbout2020 Community Development Block Grant Cares Act Agreement Winnebago Area Literacy CouncilDocuSign Envelope ID: AD536EE6-8A73-447B-AF19-E9FFD9DBD356
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NOW, THEREFORE, IT IS AGREED THAT:
1. Statements of Work, National Objective, Uses of Funds, Levels of Accomplishment, Timetable
a. Statement of Work
The City will grant to the Subrecipient a sum up to $38,062 from 2020 Community Development
Block Grant CARES Act funds (CDBG-CV) for the purpose of funding technology support and
teaching users new technology/virtual literacy programs; PPE and cleaning supplies.
Households served by this program will meet the following criteria:
1. Be at higher risk for severe illness if they contract Covid-19, as defined by the CDC
(underlying medical conditions and older adults) or being at higher risk of contracting or
spreading Covid-19 due to their homeless status.
2. Meet HUD’s Low-moderate Income Limits.
b. National Objective
All activities funded with CDGB-CV funds must meet one of the CDBG program’s National
Objectives: The Subrecipient certifies that the activities carried out under this Agreement will
meet the CDBG Program’s National Objective: Benefit to low and moderate income (LMI)
persons. The program must also meet the CDBG-CV requirement to prevent/prepare
for/respond to the COVID-19 pandemic.
c. Uses of Funds
The CDBG-CV funds shall be used according to the budget submitted in the grant application
(below and attached). The Subrecipient may revise its budget categories up to 10% of the total
grant amount. Anything more will require approval from City staff in writing.
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Budget Category Source Use
Salaries and benefits (Case Manager,
Program Managers, Administrative Staff)
CDBG - CV $32,471
Motel Vouchers CDBG-CV $0
Rent Assistance CDBG - CV $0
Homeowner Assistance CDBG-CV $0
Contracted Services CDBG-CV $0
PPE supplies/cleaning supplies/etc. CDBG-CV $89.00
Other: Printing, other materials CDBG-CV $1,050
Other: Occupancy CDBG-CV $1,818
Travel Allowance CDBG - CV $1,100
Telecommunications Allowance CDBG-CV $480
Accounting and Criminal Background Check CDBG - CV $254
Computer - laptop CDBG - CV $800
Sub-total CDBG - CV $38,062
Total $38,062
e. Timetable
Date Benchmark
Retroactive to
May 1, 2020
Program Agreement Start Date
12/31/2022 Agreement end date
2. Payments
Reimbursement of eligible expenses shall be made by the City upon proper invoice and documentation
from the Subrecipient. Reimbursements can be made monthly, shall be made on at least a quarterly
basis.
The Subrecipient shall submit an invoice via mail to the City or email to swiley@ci.oshkosh.wi.us along
with copies of receipts/documentation to support the expense; all original receipts/documents shall be
kept on file by the Subrecipient for a minimum of 7 years. The Subrecipient shall submit evidence to the
City of properly executed payrolls, time records, invoices, vouchers or other official documentation with
each invoice. The Subrecipient must also maintain a financial management system in accordance with
the standards specified in 24 CFR 84.21. Allowable costs must be within the timeframe of this grant as
noted above.
3. Subrogation
In consideration of Subrecipient’s funds from the City, the Subrecipient hereby assigns to the City all of
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its future rights to reimbursement and all payments received from any grant, subsidized loan, or
insurance policies of any type or coverage or under any reimbursement or relief program related to or
administered by the Federal Emergency Management Agency or the Small Business Administration or
other program to the extent of proceeds paid to Subrecipient under this Agreement and that are
determined in the sole discretion of the City to be a duplication of benefits (“DOB”). This shall be define d
as financial assistance, available to the Subrecipient, that can be used to pay for the costs described
under Budgeted Costs for the scope of work described in this agreement that are to be paid for by this
grant (CDBG-CV).
Upon receiving any proceeds from other relief programs or loan programs for this scope of work, that
were not already described in the grant application , Subrecipient agrees to immediately notify the City.
If some or all of the proceeds are determined to be a DOB, the portion that is a DOB shall be paid to the
City forthwith.
4. Records and Reports
a. If Susbrecipient cannot meet the goals or objectives as stated in its application to the City, or
the timeframe for expenditures, Subrecipient will have to provide evidence of factors beyond
their reasonable control. Staffing issues will not be considered beyond their reasonable
control. Accordingly, a final “Performance Report” should be submitted no later than 15 days
after final payment/payment in full has been made by the City. This shall include a success
story and photograph (with client’s permission).
The Performance Reports will provide all information necessary to determine that projected
activities are being accomplished. Performance reports also should also include justification
for lack of progress or delays in accomplishing the scope of work.
b. Low/Mod limited clientele (LMC)- 24 CFR 570.208(a)(2)(i)(A) benefit a clientele who are
generally presumed to be principally low and moderate income persons. Activities that
exclusively serve a group of persons in any one or a combination of the following categori es
may be presumed to benefit persons, 51 percent of whom are low- and moderate-income:
abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census'
Current Population Reports definition of “severely disabled,” homeless persons, illiterate
adults, persons living with AIDS, and migrant farm workers. Therefore, no income eligibility
records are required but Subrecipient must maintain documentation that activity is limited
to homeless persons.
c. Financial Reporting– The Subrecipient shall:
i. Maintain an effective system of internal fiscal control and accountability for all CDBG -CV
funds, and make sure the same are used solely for authorized purposes.
ii. Ensure that all costs shall be supported by properly executed payrolls, time records,
invoices, vouchers or other official documentation, as evidence of the nature and
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propriety of the charges. All accounting documents pertaining in whole or in part to this
Agreement shall be clearly identified and readily accessible.
iii. The Subrecipient shall also keep a continuing record of all disbursements by date,
check number, amount, vendor, description of items purchased and line item from
which the money was expended, as reflected in the Subrecipient’s accounting records.
iv. Inform the City concerning any funds allocated to the Subrecipient, that the
Subrecipient anticipates will not be expended during the term of this Agreement, and
permit the reassignment of same by the City to other Subrecipients.
d. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to, client name, address, income
level or other basis for determining eligibility, demographic information and desc ription of
service provided. Such information shall be made available by Subrecipient, to the City, HUD,
or their designees for review upon request. The subrecipient shall provide quarterly reports
to the City by August 31, 2021, November 30, 2021, Februa ry 28, 2022, and May 31, 2022.
Additionally, the final report shall include both the last quarter, and a yearly summary of
activities along with accomplishments. A template for the reporting will be provided to the
subrecipient and shall include at a minimum, the following information:
( 1 ) Amount of CDBG funds expended per budget and additional funds leveraged
for program
( 2 ) Type and amount of services provided
( 3 ) Number of total clients
( 4) Number of clients and percent of clients from Oshkosh
( 5 ) Number of low/moderate income persons assisted
( 6 ) Number of very low income persons assisted
( 7 ) Number of extremely low income persons
( 8 ) Number of persons assisted based on one of the following race categories: White,
Black/African American, Asian, American Indian/Alaskan Native, Native
Hawaiian/Other Pacific Islander, American Indian/Alaskan Native & White, Asian
& White, Black/African American & White, American Indian/Alaskan Native &
Black/African American, or Other
( 9 ) Number of Hispanic persons assisted per each of the above race categories
(10) Number of female headed households assisted
(11) Progress towards program goals (outcome statement)
Records necessary to substantiate these reports shall be kept on file at the subrecipient’s office and
shall include all documents, computer records and reports associated with this agreement.
5. Uniform Administrative Requirements
The Subrecipient will, to the maximum possible extent, ensure compliance with regulations regarding:
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a. Office of Management and Budget (OMB) Uniform Guidance, "Cost Principles, Audit and
Administrative Requirements for Federal Awards” (2 CFR Part 200), which establishes
principles for determining costs of grants, contracts, and other agreements with nonprofit
organizations. These regulations are applicable for determining acceptable/allowable costs
of work performed by nonprofit organizations. For example, to be allowed under an award,
costs must meet general criteria such as:
i. Be reasonable for the performance of the award,
ii. Be accorded consistent treatment,
iii. Be determined in accordance with generally accepted accounting principles, and
iv. Be adequately documented.
b. Office of Management and Budget (OMB) Uniform Guidance which, in part, provide that
financial management systems operated by recipients of federal assistance will provide
for accurate, current, reliable, and complete disclosure of financial and accounting
records relating to the use of federal dollars.
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All records will identify the source and application of funds for activities, and accounting
records are to be made available for audit(s) at the City's direction to determine the fiscal
integrity of financial transactions and performances. All future procurement transactions
for supplies, equipment, construction, and other services, regardless of whether
negotiated or advertised, will be conducted in a manner so as to provide maximum open
and free competition.
The Subrecipient will give the U.S. Department of Housing and Urban Development, the
Comptroller General, the City of Oshkosh, or any authorized representatives access to the
right to examine all records and documents related to the grant. Such records will be
maintained for a period of at least seven (7) years after receipt of federal funds.
6. Additional Federal Requirements
The Subrecipient will ensure compliance with regulations regarding:
A. Civil Rights
1. General Compliance
Title VI and Title IX of the Civil Rights Act of 1964 (Public Law 88-352)(42 U.S.C. 2003d et
seq.); and implementing regulations issued at 24 CFR Part 1; as amended by Executive
Order 11375 and 12086, and implementing regulations at 41 CFR Chapter 60, which
prohibits discrimination in any activity receiving federal financial assistance.
2. Nondiscrimination
Title VIII of the Civil Rights Act of 1968, (Public Law 90 -284)(42 U.S.C. 3601 et seq.); as
amended, which prohibits discrimination in housing on the grounds of race, color,
religion, national origin, sex, disability, or familial status.
Section 109 of Title I of the Housing and Community Development Act of 1974, as
amended, (42 U.S.C. 5301 et seq.) which requires that no person will on the grounds of
race, color, national origin or sex, be excluded from participation in, be denied benefits
of, or be subject to discrimination under any program or activity funded in whole or in
part with Community Development Block Grant funds.
Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) which prohibits discrimination on
the basis of age in programs or activities receiving federal financial assistance.
Section 504 of the Rehabilitation Act of 1973, (Public Law 93-112) as amended, and
implementing regulations when published for effect. Said regulation provides for
nondiscrimination based on disability in federally-assisted programs and activities.
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B. Employment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel employed
in the administration of the program for: political activities; inherently religious activities;
lobbying; political patronage; and nepotism activities.
C. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which
include, but are not limited to the following:
1. The Subrecipient shall maintain a written code or standards of conduct that shall
govern the performance of its officers, employees or agents engaged in the award a nd
administration of contracts supported by Federal funds.
2. No employee, officer or agent of the Subrecipient shall participate in the selection, the
award or the administration of a contract supported by Federal funds if a conflict of
interest, real or apparent, would be involved.
3. No covered persons who exercise or have exercised any functions or responsibilities
with respect to CDBG-assisted activities, or who are in a position to participate in a
decision-making process or gain inside information with regard to such activities, may
obtain a financial interest in any contract, or have a financial interest in any contract,
subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to
the proceeds from the CDBG-assisted activity, either for themselves or those with whom
they have business or immediate family ties, during their tenure or for a period of one (1)
year thereafter. For purposes of this paragraph, a “covered person” includes any person
who is an employee, agent, consultant, officer, or elected or appointed official of the City,
the Subrecipient, or any designated public agency.
D. Anti-Lobbying. The Subrecipient certifies that to the best of its knowledge and belief:
No federal-appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of a federal contract,
grant, loan, or cooperative agreement;
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If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, it
will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying".
7. City Recognition
The Subrecipient shall ensure recognition of the role of the City of Oshkosh and Housing and
Urban Development’s Community Development Block Grant in providing services through this
Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be
prominently labeled as to the funding source.
8. Suspension and Termination
The Subrecipient further agrees that this Agreement may be terminated or suspended in the
event the Subrecipient fails to perform any of the conditions contained herein and that the City
may take appropriate and corrective action in order to insure compliance with this Agreement,
including withholding payments, re-allocating funds, an order to audit the Subrecipient's books
and records pertaining to its activities and the utilization of federal funds.
In the event of default or violation by the Subrecipient or the necessity of corrective action, the
City will provide the Subrecipient, by written notice, a demand to cure default explaining the
nature and extent of the default or violation. The Subrecipient will cure or remedy said violation
or default within ten (10) days after receipt of said notice, unless a longer time is agreed upon by
the parties, in writing. In case default or violation is not cured, and corrective action is not
completed within ten (10) days or a longer time as may be agreed upon, this Agreement may be
terminated, and the City may have whatever remedy is authorized pursuant to state, local, and
federal laws, including return of any funds previously given to the Subrecipient.
9. Amendments
Any changes or amendments to the agreement with regards to the performance goals, budget
changes of not more than 25%, or the timeline may be approved in writing by City staff and
Subrecipient project manager. All other changes in the grant agreement will require an
amendment to the agreement and would require approval from the City of Oshkosh Community
Development staff.
10. Independent Status
Nothing contained herein, nor any act of the City, the Subrecipient, or any other party, will be
deemed or construed by any party, or by any other third person, to create any relationship with
third party beneficiary, principal or agent, limited or general partnership, or joint venture, or of
any association or relationship involving the City. The Subrecipient is at all times considered an
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independent agency and not an agency or branch of the City.
11. Insurance
The Subrecipient, its officers and directors, agree to indemnify, defend, and hold harmless the
City, its agents, officers, and employees from any and all damages to property or to persons or
death of any person or persons, including employees and volunteers of the Subrecipient, and will
defend, indemnify, save harmless the City from any and all claims, demands, suits, actions, or
proceedings of any kind or nature, including worker's compensation claims, of or by anyone
whomsoever, resulting or arising out of the operations of the Subrecipient, including operations
of subcontractors, and acts or omissions of employees or agents of the Subrecipient or its
subcontractors.
Subrecipient will procure and maintain, at its cost and expense, amounts of insurance that may
be necessary for property protection in connection with the operations of the Subrecipient's
activity. Said insurance will provide for the applicable statutory workmen's compensation liability
and public liability insurance in the sum of at least $500,000. Said insurance will be maintai ned
and in full force and effect during the term of the project. The Subrecipient will also provide
evidence of property damage insurance if the funded activity involves physical improvements.
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DocuSign Envelope ID: AD536EE6-8A73-447B-AF19-E9FFD9DBD356
DocuSign Envelope ID: AD536EE6-8A73-447B-AF19-E9FFD9DBD356