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HomeMy WebLinkAboutADVOCAP_agreement_-_executed 2022 AGREEMENT THIS AGREEMENT is between the City of Oshkosh, a Wisconsin municipal corporation, herein referred to as "CITY"; and ADVOCAP, Inc., PO Box 1108, Fond du Lac, WI 54936, a Wisconsin non-profit corporation, herein referred to as "SUBRECIPIENT". I. GENERAL DESCRIPTION A. The City has received funding from the U.S. Department of Housing and Urban Development (HUD) under the Title I Community Development Block Grant (CDBG) Program, to undertake projects and activities as indicated in the City's Final Statement of Community Development Objectives and Projected Use of Funds. The activity set forth in this Agreement's Scope of Services is one of the said activities and it is the responsibility of the subrecipient to carry out the activities in compliance with this Agreement and other applicable regulations referred to herein. B. The City has allocated a portion of its 2022 CDBG to a public service funding consortium whose purpose is to evaluate public service grant applications and allocate funds contributed to the funding consortium. C. The City will review public service organizations funded through the consortium with 2022 CDBG funds in order to evaluate subrecipient performance to ensure that the scope of services a subrecipient stated that it would perform in its application for funding to the consortium was being carried out in accordance with applicable laws and regulations and to provide technical assistance. D. The City will make two payments on a reimbursement basis to the subrecipient after written requests for payment has been made with attached documentation supporting such requests. E. Funding under this Agreement shall be paid with 2022 CDBG funds. Should the City not receive said funds, this Agreement shall be null and void. If a portion of the CDBG funds are rescinded by Congress, the contract amount in Article V (A) of this Agreement shall be reduced by the same percentage that is rescinded from the City's 2022 CDBG Program by Congress or HUD, or as determined by the City per applicable HUD regulations. II. SCOPE OF SERVICES A. The subrecipient shall: (1) Provide a daily nutritious meal to persons 60 years of age or older and to some younger disabled individuals when they are homebound within the City of Oshkosh through the “Winnebago County Nutrition Program.” (2) Provide said services in accordance with the objectives outlined in the subrecipient's proposal to the consortium for City of Oshkosh residents only. (3) The provision of services are dependent upon funding. In the event funding received by the City is less than anticipated, the parties shall negotiate in good faith to determine the reduced scope of services to be provided through this Agreement. B. Said services shall commence on or about May 1, 2022 and shall be completed by April 30, 2023. C. The subrecipient certifies that the activities carried out with the funds provided under this Agreement will meet one or more of the CDBG program's National Objectives: 1) benefit to low and moderate DocuSign Envelope ID: A57C387F-3935-4F86-934C-4F28CB69E69B 2022 City of Oshkosh CDBG 2 ADVOCAP, Inc. Nutrition income (LMI) persons; 2) aid in the prevention or elimination of slums or blight; and 3) meet a need having a particular urgency (as defined in 24 CFR Part 570.208). III. REPORTING REQUIREMENTS/RECORDS A. The subrecipient shall provide performance reports to the City with corresponding invoices. Additionally, the final report shall include both the recent reporting period, as well as 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. B. Maintain a separate financial account for CDBG funds which shows all receipts, including program income, and disbursements. All disbursements shall have documentation that substantiates that costs incurred and paid from the CDBG account are reasonable, allowable, and allocable per applicable Federal cost principals. Program income, as defined at 24 CFR 570.500 (a), shall be reported to the City quarterly. The subrecipient may use program income for activities specified in this agreement, but shall reduce subsequent requests for funds under this agreement by the amount of the program income received. Any unused program income shall be returned to the City at the end of the agreement period. C. Provide the City with a copy of an agency audit, conducted in accordance with 2 CFR Part 200, as applicable, for any fiscal year CDBG funds were received under this Agreement. D. All records required under this Agreement shall be retained for seven (7) years after completion of the project, or after all pending matters relative to this Agreement are closed. Alternatively, the SUBRECIPIENT may provide the CITY with complete and accurate copies of all records related to this Agreement, along with an Affidavit signed under oath verifying that all records have been transferred to the CITY. E. The subrecipient agrees to provide access to the City, HUD, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers and records which are directly pertinent to this Agreement for the purposes of making audit, examination, DocuSign Envelope ID: A57C387F-3935-4F86-934C-4F28CB69E69B 2022 City of Oshkosh CDBG 3 ADVOCAP, Inc. Nutrition excerpts and transcriptions. F. The City as a governmental body is subject to applicable open records statutes. Public records laws may apply in some circumstances to certain records created and retained by the City’s consultants and contractors. The subrecipient agrees to fully cooperate with the City related to open records requests related to this Agreement. IV. STANDARD PROVISIONS A. The subrecipient agrees in all hiring or employment made possible by or resulting from this Agreement, there (1) will not be any discrimination against any employee or applicant for employment because of race, color, sex orientation, religion, sex or national origin or gender identity; and (2) affirmative action will be taken to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex orientation, sex or national origin or gender identity. This requirement shall apply to, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. There shall be posted, in conspicuous places available to employees and applicants for employment, notices required or to be provided by Federal or State agencies involved setting forth the provisions of the clause. All solicitations or advertisements for employees shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex orientation, sex or national origin or gender identity. B. The subrecipient will make a good faith effort to use minority and women-owned businesses in procurement of supplies, and upon request of the City, must provide satisfactory evidence of such effort. Additionally, the subrecipient agrees to provide the City with the name(s) and contract amount(s) of all minority and women-owned businesses awarded contracts on the project. C. If the proceeds used under this Agreement result in book or other copyrightable materials, the author is free to copyright the work, but the appropriate Federal agency involved reserves a royalty-free non- exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use all copyrighted material and all materials which can be copyrighted. D. Any discovery or invention arising out of or developed in the course of work aided by this Agreement shall be promptly and fully reported to the appropriate Federal agency involved for determination by it as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery, including rights under any patent issued thereupon, shall be disposed of and administered, in order to protect the public interest. E. The subrecipient agrees to comply with all applicable standards, orders, or requirements issued under:  Clean Air Act, 42 U.S.C., 7401 et seq.  Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 14 and Section 308, and all regulations and guidelines issued there under.  Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part 50, as DocuSign Envelope ID: A57C387F-3935-4F86-934C-4F28CB69E69B 2022 City of Oshkosh CDBG 4 ADVOCAP, Inc. Nutrition amended. F. The subrecipient agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the State Energy Conservation Plan. G. No officer, employee or agent of the City who exercises any functions or responsibilities in the review or approval, or the carrying out of responsibilities, to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement. H. Incorporated by reference herein are OMB Circulars A-21, A-122, A-133, as applicable, and 2 CFR Part 200. V. PAYMENT FOR SERVICES A. Contract Amount The subrecipient shall perform all work under this Agreement for an amount to be determined by the City per (I) (B) of this agreement, but not to exceed FIVE THOUSAND DOLLARS ($5,000). B. Method Of Payment Funds will be released in two payments of $2,500 by the City upon receipt of proper invoice verifying eligible expenses actually incurred by the subrecipient with attached documentation supporting such requests, and approved by the City. VI. SUSPENSION AND TERMINATION A. When the subrecipient has failed to comply with the terms, conditions or standards of this Agreement or applicable HUD regulations, the City may, on reasonable notice to the subrecipient, suspend the Agreement and withhold further payments and/or prohibit the subrecipient from incurring additional obligations of funds, pending corrective action by subrecipient, or a decision to terminate in accordance with paragraph B below. B. This Agreement may be terminated for cause or convenience. (1) TERMINATION FOR CAUSE: The City may terminate this Agreement at any time before the date of completion, whenever it is determined that the subrecipient has failed to comply with the conditions of this Agreement. The City shall promptly notify the subrecipient in writing of the determination and the reasons for the termination, together with the effective date. Payments made to the subrecipient or recoveries by the City in the event this Agreement is terminated for cause, shall be in accordance with the legal rights and liabilities of the parties. In the event there is probable cause to believe the subrecipient is in noncompliance with any applicable rules or regulations, the City may withhold up to fifteen (15) percent of funds subject to this agreement until such time the subrecipient is found to be in compliance by the City, or otherwise adjudicated to be in compliance. Payments made pursuant to the terms of this Agreement shall not prevent the City’s ability to seek the return or reimbursement of funds paid pursuant to any available legal theory. (2) TERMINATION FOR CONVENIENCE: This Agreement may be terminated without cause upon the terminating party providing sixty (60) days written notice. The party terminating the Agreement shall provide the specific date in which the Agreement will end. The subrecipient shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many DocuSign Envelope ID: A57C387F-3935-4F86-934C-4F28CB69E69B 2022 City of Oshkosh CDBG 5 ADVOCAP, Inc. Nutrition outstanding obligations as possible. The City shall allow full credit to the subrecipient for any noncancellable obligations properly incurred by the subrecipient prior to termination. (3) The parties shall promptly settle the terminated grant and execute a written amendment upon settlement, which sets forth the terms and conditions of the settlement Agreement. VII. REVERSION OF ASSETS The subrecipient agrees to transfer back to the City any CDBG funds and accounts receivable attributable to the use of CDBG funds on hand at time of expiration of this Agreement. The subrecipient further agrees that any real property under the subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either: A. Used to meet one of the national objectives in CFR 570.208 until five years after expiration of this Agreement, or such longer period of time as determined appropriate by the City; or B. Is disposed of in a manner which results in the City being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with A above. VIII. AMENDMENTS This Agreement may be amended at any time by a written modification mutually agreeable to both parties hereto. IX. INDEMNIFICATION The subrecipient agrees to and does hereby hold the City harmless and does hereby indemnify the City against any claims or demands of any person or legal entity arising by reason of this Agreement. DocuSign Envelope ID: A57C387F-3935-4F86-934C-4F28CB69E69B 2022 City of Oshkosh CDBG 6 ADVOCAP, Inc. Nutrition This Agreement is made this ____ day of _________________, 2022, and is specifically binding upon the parties hereto. ADVOCAP, INC. CITY OF OSHKOSH ______________________________ ______________________________ TANYA MARCOE MARK ROHLOFF EXECUTIVE DIRECTOR CITY MANAGER ______________________________ JESSI BALCOM, CITY CLERK APPROVED AS TO FUNDING AVAILABILITY: ______________________________ RUSS VAN GOMPEL FINANCE DIRECTOR APPROVED AS TO FORM: ______________________________ LYNN LORENSON, CITY ATTORNEY DocuSign Envelope ID: A57C387F-3935-4F86-934C-4F28CB69E69B October25 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) 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, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents of all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, United States Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Organization: Street address: City, State, Zip: CERTIFIED BY:(type or print) TITLE: (signature) (date) DocuSign Envelope ID: A57C387F-3935-4F86-934C-4F28CB69E69B 19 W. 1st Street Fond du Lac, WI 54935 10/25/2022 Tanya Marcoe ADVOCAP, Inc. Executive Director Approved by OMB 0348-0046 Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) 1. Type of Federal Action: a. contract ____ b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: a. bid/offer/application _____ b. initial award c. post-award 3. Report Type: a. initial filing _____ b. material change For material change only: Year _______ quarter _______ Date of last report___________ 4. Name and Address of Reporting Entity: ____ Prime _____ Subawardee Tier______, if Known: Congressional District, if known: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: __________________ 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: __________________________________ Print Name:_________________________________ Title:______________________________________ Telephone No.: ________________ Date: _______ Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) DocuSign Envelope ID: A57C387F-3935-4F86-934C-4F28CB69E69B 920-922-7760 Tanya Marcoe Executive Director 10/25/2022 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., “RFP-DE-90-001.” 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503 DocuSign Envelope ID: A57C387F-3935-4F86-934C-4F28CB69E69B