HomeMy WebLinkAbout2024 Fair Housing Agmt Oshkosh 24-25 ES signed 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), 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 2024 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 If a portion of the CDBG funds are rescinded by Congress, the contract amount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rescinded from the City's 2024 CDBG Program by Congress or HUD, or as determined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. MMFHC staff will
advise such persons on the provisions of fair housing law and available sources of
remedy. As appropriate, MMFHC staff will conduct investigations, possibly
including testing as an investigative methodology, and make referrals to attorneys
and/or administrative agencies.
(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
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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
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 information and referral services for clients who have non-fair housing
inquiries.
(6) Make available, on a case-by-case basis, reasonable technical assistance to the
City of Oshkosh and its residents, including housing providers and social service
agencies that conduct business in the City of Oshkosh.
(7) Regularly distribute fair housing informational materials to at least six public
agencies, social service agencies, homeless shelters, and community-based
organizations that serve the city of Oshkosh on a total of 12 occasions.
(8) Conduct a minimum of two fair housing presentations to organizations that serve
Oshkosh, at least one of which shall be an organization that MMFHC has not
presented to on fair housing previously, at least one of which shall be an
organization that MMFHC has not presented to on fair housing in the past two
contract years.
(9) Conduct one fair housing training seminar for owners and managers of rental
housing in the City of Oshkosh.
(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, 2024 and shall be completed by April 30,
2025.
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
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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.
III. REPORTING REQUIREMENTS/RECORDS
A. The subrecipient shall provide bi-annual performance reports to the City by January 15, 2025
and May 15, 2025. Additionally, the report shall include a 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 seven (7) years after
completion of the project, or after all pending matters relative to this Agreement are closed
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per the General Records Schedule for Municipal and Related Records which the City’s
policy is consistent with. 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, 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
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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:
(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 upon receipt of proper, bi-annual invoice to the City by January 15,
2025 and May 15, 2025, 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.
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(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. SUBRECIPIENT AUDIT REVIEW [2 Part 200.33.2(d)(4)]
Provide the City with a copy of an agency audit, conducted in accordance with 2 CFR Par 200, as
applicable, for any fiscal year CDBG funds were received under this Agreement per the City’s
Internal Control and Accountability of CDBG Funds – Subrecipients policy.
IX. PROCUREMENT STANDARDS [2 CFR 200.318]
The City’s Purchasing Policy Handbook conforms to 2 CFR 200.318 general procurement standards
and maintains oversight on contractor’s performance.
X. 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
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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.
XI. AMENDMENTS
This Agreement may be amended at any time by a written modification mutually agreeable to both
parties hereto.
XII. EMINENT DOMAIN
The City ensures that no CDBG CV funds are used to support any Federal, State, or local projects
that seek to use the power of eminent domain.
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.
This Agreement is made _________________ and is specifically binding upon the parties hereto.
METROPOLITAN MILWAUKEE FAIR CITY OF OSHKOSH
HOUSING COUNCIL
______________________________ ______________________________
ERIKA SANDERS MARK ROHLOFF
PRESIDENT AND CEO CITY MANAGER
______________________________
DIANE BARTLETT, CITY CLERK
APPROVED AS TO
FUNDING AVAILABILITY:
______________________________
JULIE CALMES
FINANCE DIRECTOR
APPROVED AS TO FORM:
______________________________
LYNN LORENSON, CITY ATTORNEY
12/06/2024
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