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AGREEMENT
THIS AGREEMENT is between the City of Oshkosh, a Wisconsin municipal corporation, herein referred
to as "CITY", and Day by Day Shelter, 420 Ceape Ave., Oshkosh WI 54901, a Wisconsin non-profit
corporation, herein referred to as "SUBRECIPIENT".
L 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 will review public service organizations funded in order to evaluate subrecipient
performance to ensure that the scope of services a subrecipient stated that it would perform
in its application was being carried out in accordance with applicable laws and regulations
and to provide technical assistance.
C. The City will make payments on a reimbursement basis to the subrecipient after written
requests for payment has been made with attached documentation supporting such
requests.
D. Funding under this Agreement shall be paid with 2025 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 If a portion of the CDBG funds are rescinded by Congress, the contract amount
in Article V (A) of this Agreement will be reduced by the same percentage that is rescinded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 CDBG Program by Congress or HUD, or as determined by the City in
accordance with applicable HUD regulations.
II. SCOPE OF SERVICES
A. The subrecipient shall:
(1) Provide funding to assist the Emergency Shelter & Supportive Services program
which serves individuals experiencing homelessness with shelter, meals, and
coordinated health support.
(2) Provide said services in accordance with the objectives outlined in the
subrecipient's application to the city for 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 January 1, 2026 and shall be completed by
December 31, 2026.
C. The subrecipient certifies that the activities carried out with the funds provided under this
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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. Additionall-y—the-subreeipient-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
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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 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 200.3181
The City's Purchasing Policy Handbook conforms to 2 CFR 200.318 general procurement
standards and maintains oversight on contractor's performance.
X. PROGRAM INCOME
Maintain a separate financial account for CDBG funds which shows all receipts, including
program---income—and—disbursements. All —disbursement---- shall— havedocumentationthat
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.
XI. 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:
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This Agreement is made //40001.6 , and is specifically binding upon the parties hereto.
DAY BY DAY S , _ ER
SIGNATURE:
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CITY OF OSHKOSH
Signed by:
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Rebecca (ril1, City Manager
Signed by:
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Darla Salinas, City Clerk
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Julie Calmes, Finance Director
Signed by:
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David Praska, Interim City Attorney