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HomeMy WebLinkAboutCDBG-Subrecipient Agreement-Metro Milwaukee Fair Housing 2021 AGREEMENT THIS AGREEMENT is between the City of Oshkosh, a Wisconsin municipal corporation, herein referred to as "CITY", and the Metropolitan Milwaukee Fair Housing Council, 759 North Milwaukee St., Suite 500, Milwaukee, Wisconsin 53202 and the Fair Housing Center of Northeast Wisconsin (local satellite office of the Metropolitan Milwaukee Fair Housing Council), 4321 W. College Ave, Suite 200, Appleton, Wisconsin 54914, 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. Funding under this Agreement shall be paid with 2020 Community Development Block Grant (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 If a portion of the CDBG funds are rescinded by Congress, the contract amount in Article V (A) of this Agreement will be reduced by the same percentage that is rescinded from the City's 2020 CDBG Program by Congress or HUD, or as determined by the City in accordance with applicable HUD regulations. II. SCOPE OF SERVICES A. The purpose of this Agreement is to allow the City to delegate to the subrecipient certain responsibilities related to the City’s Municipal Ordinance addressing Discrimination in Housing (Municipal Code, Section 16-3 through 16-9). It is the intention of the parties that the subrecipient will be responsible for carrying out the functions in this Ordinance as described therein as well as within this Agreement. B. The subrecipient shall: (1) Review and appropriately address complaints that are filed with the City and forwarded to the subrecipient, as well as those that may be directly addressed to the subrecipient. (2) Make its complaint intake and investigative services available to persons who believe that they have experienced illegal discrimination. Advise such persons on the provision of fair housing law and available sources of remedy. (3) Advise persons filing the complaint of their available options after review and investigation. For those claims which are covered by State or Federal laws, the complainant will be advised of their options to proceed through State and Federal procedures, or through any right to proceed through an available private right of action. For those claims that are not covered by State or Federal Laws, but are DocuSign Envelope ID: 18C99F0C-5A88-49EA-ADCD-EED4A6BB2D2D 2021 - City of Oshkosh CDBG – MMFHC 2 covered by the City Ordinance, then the complainant will similarly be advised of their options to proceed. (4) In the event the subrecipient provides information to complainants about specific providers of legal services, such information shall be provided without providing preference to one provider instead of others, , and it is clear that the City makes no recommendations regarding legal services. (5) Provide referral services for clients who have non-fair housing inquiries. (6) Make available, on a case-by-case basis, reasonable technical assistance (as determined by subrecipient) to the City and Oshkosh residents, including housing providers and social service agencies that conduct business in the Oshkosh. (7) Regularly distribute fair housing educational materials to approximately six public agencies, social service agencies, homeless shelters, and community-based organizations that serve the city of Oshkosh. (8) Conduct a fair housing presentation to the Oshkosh Rental Advisory Board. (9) Create and publicize a Fair Housing Guide for Owners and Managers of Rental Housing. (10) Have staff in the local office (Fair Housing Center of Northeast Wisconsin) participate in approximately six local interagency meetings. (11) Provide a summary of fair housing complainant’s actions after being provided with their options for proceeding. Specifically, the numbers of complainants exercising options to proceed through state, federal, or local procedures, or through initiating a private right of action. Similarly, provide the numbers of those who elected to not proceed further. (12) Provide a summary of the results of fair housing cases regardless of the options exercised by the complainant. B. Said services shall commence on or about May 1, 2020 and shall be completed by April 30, 2021. 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 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). D. The provision of services is dependent upon funding. In the event that 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. DocuSign Envelope ID: 18C99F0C-5A88-49EA-ADCD-EED4A6BB2D2D 2021 - City of Oshkosh CDBG – MMFHC 3 III. REPORTING REQUIREMENTS/RECORDS A. The subrecipient shall provide quarterly reports to the City by the end of the month following the last day of the quarter with reports due by August 31, 2020, November 30, 2020, February 28, 2021, and May 31, 2021. Additionally, the final report shall include both the last quarter as well as a yearly summary of activities along with accomplishments. The subrecipient shall report, at a minimum, the following information: (1) Type and amount of services provided (2) Progress towards program goals (outcome statement) (3) Report amount of CDBG funds expended per budget and additional funds leveraged for program As well as the following additional information for complainants: (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 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 principles. 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 four (4) years 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 DocuSign Envelope ID: 18C99F0C-5A88-49EA-ADCD-EED4A6BB2D2D 2021 - City of Oshkosh CDBG – MMFHC 4 the City. The subrecipient shall provide the City with at least 30 days advance written notice before records are destroyed and allow the City a reasonable opportunity to take possession of these records. 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, 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 DocuSign Envelope ID: 18C99F0C-5A88-49EA-ADCD-EED4A6BB2D2D 2021 - City of Oshkosh CDBG – MMFHC 5 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: (1) Clean Air Act, 42 U.S.C., 7401 et seq. (2) 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. (3) Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part 50, as 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 or 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 NINETEEN THOUSAND DOLLARS ($19,000). B. Method Of Payment Funds will be released quarterly upon receipt of proper invoice verifying eligible expenses actually incurred by the subrecipient, 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 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. DocuSign Envelope ID: 18C99F0C-5A88-49EA-ADCD-EED4A6BB2D2D 2021 - City of Oshkosh CDBG – MMFHC 6 (1) TERMINATION FOR CAUSE: The City may terminate this Agreement in whole or in part 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 demand 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 upon 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 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. DocuSign Envelope ID: 18C99F0C-5A88-49EA-ADCD-EED4A6BB2D2D DocuSign Envelope ID: 18C99F0C-5A88-49EA-ADCD-EED4A6BB2D2D 4/8/2021