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HomeMy WebLinkAboutAdvocap-FDL/ARPA funds 2023This Agreement is between the City of Oshkosh, a Wisconsin municipal corporation (hereinafter "CITY"), and ADVOCAP; Inc., 19 W 1st St, Fond du Lac, WI 54935, a Wisconsin nonprofit corporation (hereinafter "GRANTEE"'). WHEREAS, the CITY was allocated approximately $20.5 million in federal funds under the American Rescue Plan Act (ARPA) for various -eligible purposes, including, among other things, support to entities negatively impacted by the COVID-19 pandemic; and WHEREAS, on September 28, 2021, the Oshkosh Common Council adopted Resolution 21-498, creating parameters for usage of American Rescue Plan Act funds and specifying that funds spent on non -CITY programming or direct assistance should represent approximately 25% of all ARPA expenditures, providing approximately $5,128,000 of the total ARPA allocation for this purpose.; and WHEREAS, on September 13, 2022, the Oshkosh Common Council approved Resolution 22-382, awarding, among others, a grant to GRANTEE for its eviction prevention program; and WHEREAS, GRANTEE is a Wisconsin nonprofit. agency that has created a program to connect households with rental assistance through the. Wisconsin Emergency Rental Assistance program or mortgage .assistance through the Wisconsin Help for Homeowners program; and. WHEREAS, the CITY wishes to award a grant to GRANTEE to su�port the eviction prevention program operated by GRANTEE to provide services to members of the Oshkosh community. Now, therefore, the parties agree as follows: Section 1. Status of GRANTEE. GRANTEE represents and warrants that it is a nonprofit organization in. good standing under the law. , and shall remain as such for the term of this Agreement. GRANTEE represents and warrants that its signatory is authorized to bind GRANTEE and execute this Agreement on GRANTEE's behalf. Section 2 Pgyment of Grant Award. CITY hereby agrees to pay GRANTEE an amount not to exceed $130,480.00 (hereinafter the "grant award") according to the terms and conditions set forth in Exhibit A of this Agreement. of coverage by insurance, with the exception of the sole negligence or willful misconduct of the CITY. The provisions of this section shall survive the expiration or termination of this Agreement. Section 8. Insurance Requirements. GRANTEE agrees to comply with all of the insurance requirements set forth in Exhibit C, entitled "Insurance Requirements." Failure to maintain required insurance at all times shall constitute a default and material breach. Section 9. Non -Discrimination. In performing this Agreement, GRANTEE shall ensure that any and all contractors are subcontractors, employees, agents, volunteers, officers, .officials, directors; volunteers, and affiliates also shall not, discriminate, harass, .or allow harassment against any person on the basis of sex, race, color, ancestry, religion, creed, national origin, physical disability, mental disability, mental condition, age; marital status, sexual orientation, or any other basis prohibited under law. Section 10 Compliance with All Applicable Laws. In performing this Agreement GRANTEE warrants that it shall comply with all applicable state, federal, and CITY laws, rules, and regulations whether now in force or hereinafter enacted. Section 11. Accounting. For purposes of performance under this Agreement, and receipt and expenditure of grant award, GRANTEE shall at all times, maintain an accounting system that comports with generally accepted accounting principles. Section 12 Financial Records and Financial Report. GRANTEE shall maintain satisfactory financial accounts, books, records, documents, and other evidence, sufficient to properly reflect the amount, receipt, and expenditure of Grant award. GRANTEE shall submit to CITY a final report in the form identified in Exhibit B.. The CITY reserves the right to request quarterly reports relating to the expenditure of the grant award or additional information as needed, also in in the form identified in Exhibit B. Said. final report shall be submitted to CITY within fourteen (14) calendar days following the full expenditure of the grant award, or within thirty (30) calendar days following receipt of the funds, whichever is later. All financial records and financial reports shall be prepared in accordance with generally accepted accounting principles. The annual and quarterly reports shall be public records and may be posted on the CITY's website. Failure to maintain proper financial records Section 14. Preservation of Records. CITY is a governmental entity that is required to comply with Wisconsin Public Records Law. GRANTEE shall preserve and make available all records related to the performance of this Agreement and related to the receipt and expenditure of the grant award until the expiration of seven (7) years from the date of final payment to GRANTEE, or as required by applicable law, whichever is longer. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the end of the agreement; then such records must be retained until completion of the actions and resolution of all issues. Section 15. Reimbursement of Disallowed Costs. Within ten (10) business days of the date of CITY's written notice to GRANTEE, GRANTEE agrees to reimburse to CITY any portion of the grant award paid by the CITY, which CITY has in its sole discretion, determine constitutes a disallowed cost. Section 16. Term. This Agreement shall be for a term commencing on January 1, 2023, and expiring on December 31, 2024 or upon acceptance by the CITY of the Final Financial Report whichever is later; unless terminated sooner per this Agreement. Provisions pertaining to liability, preservation of records, and cooperation in audits shall survive termination. Section 17. Termination. The CITY may terminate this Agreement at any time, whenever it is determined that the subgrantee has failed to comply with the conditions of this Agreement. In the event there is cause to believe the subgrantee is in noncompliance with this Agreement or any applicable rules or regulations, the CITY shall promptly notify the subgrantee in writing of the determination of non-compliance, together with the effective date of termination, which shall not be less than thirty (30) days from the date of the notice. If the subgrantee does not correct the noted deficiencies during the correction period above, this Agreement shall terminate: Provisions pertaining to. liability, preservation of records, and cooperation in audits shall survive termination. Section: 18. Notice. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing, and shall be effective and any applicable time period shall begin the fifth (5th) calendar day from the date of mailing, or if personally delivered, from the date of personal delivery. If notice is given by mail, it shall be delivered by depositing the same in any United States post office, registered or certified mail, postage, prepaid, addressed to: any party hereto solely on the basis that one party or the other drafted this Agreement or any term, covenant or condition contained herein Section 25. List of Exhibits: Exhibit A - Scope of Work Exhibit B - Grant Agreement Report Exhibit C - Insurance Requirements Section 26. Entire Agreement. This Agreement, and any attached Exhibits shall constitute the entire Agreement between the parties here to relating to the Grant Award, and may not be modified except by an instrument in writing, signed by the parties hereto. ADVOCAP, Inc. 19W1-5'St Fond du Lac, WI 54935 By: City of Oshkosh 215 Church — PO Box 1130 Oshkosh WI 54903 By: ���✓ ADVOCAP may request. reimbursement under this program on no more than a quarterly basis, except for final payment. Documentation of program expenses shall be provided with each reimbursement. Final expenses shall be requested, with documentation of expenses and evidence of matching funds as identified in the. application (WERA assistance) within 30 days of program completion.