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AGREEMENT
THIS AGREEMENT is between the City of Oshkosh-Department of Community Development, a Wisconsin
municipal corporation, herein referred to as "CITY", and the Winnebago County Housing Authority City,
600 Merritt, PO Box 397, Oshkosh, WI, 54903-0397, herein referred to as "SUBRECIPIENT".
I.
GENERAL DESCRIPTION
A.
B.
II.
III.
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 CDBG Annual Action
Plan. The activity set forth in this Agreement's Scope of Services is one ofthe said activities
and it is the responsibility ofthe Subrecipient to carry out the activities in compliance with
this Agreement and other applicable regulations referred to herein.
Funding under this Agreement shall be paid with funds from the 2005-2006 Community
Development Block Grant. Should said funds not be received by the City, 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 If a portion of the CDBG funds are rescinded by Congress, the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) ofthis Agreement may be reduced by the same percentage
that is rescinded from the City's 2005-2006 CDBG Program by Congress or the Department
ofHollsing and Urban Development (RUD).
C.
The purpose of this agreement is to allow the Subrecipient to participate in administrative
activities associated with the Winnebago County Housing Authority Homebuyer Program
relative to the implementation ofthe 2005 CDBG Action Plan, which commences on May 1,
2005 and ends on April 30, 2006.
SCOPE OF SERVICES
A.
The Subrecipient shall:
(1) Use funds to defray the administrative costs related to pre-qualifying, preparing, counseling
and education low and moderate income households who have an interest and potential to
become homeowners.
Provide appropriate staff to support the program.
Provide said services in accordance with the objectives outlined in the Subrecipient's proposal
to the City (see "Appendix A", which is attached and fully incorporated into this Agreement).
(2 )
(3)
B.
Said services shall be provided during the period commencing on May 1, 2005 and ending on
April 30, 2006.
C.
The Subrecipient certifies that the activities carried out with the funds provided under this Agreement
will meet one or more ofthe CDBG program's National Objectives - 1) benefit low/moderate income
persons, 2) aid in the prevention or elimination of slums or blight, 3) meet community development
needs having a particular urgency - as defined in 24 CFR Part 570.208.
REPORTING REQUIREMENTS/RECORDS
A.
The Subrecipient shall provide a set of quarterly reports to the City on August 30, 2005,
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F.
N.
November 30, 2005, February 28, 2006, and May 30, 2006, which at a minimum shall
include the following infonnation:
( 2 ) Type and amount of services provided.
( 3 ) Number of clients and percent of clients from the City.
( 4 ) Number of low/mod income, low income persons, and extremely low income persons
assisted. persons assisted.
( 5 ) Number or persons assisted based on the following 10 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.
Number of Hispanic persons assisted.
Number of female headed households assisted.
Progress towards program goals.
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(6 )
(7 )
(8 )
Records necessary to substantiate these reports shall be kept on file at the Subrecipient's
local office at 600 Merritt Avenue, Oshkosh, 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 which
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 Subrecipients may use program
income for activities specified in this agreement, but shall reduce subsequent requests for
funds under this agreement by the amount ofthe program income received. Unused program
income shall be returned to the City at the end ofthe agreement period.
C.
Maintain monthly time distribution records for those employees who are either partially or
wholly paid with CDBG funds, and maintain travel records for all mileage that is submitted
for payment as part ofthe program.
D.
Provide the City with a copy of an agency audit, conducted in accordance with OMB Circular
A-133, as applicable, for any fiscal year CDBG funds were received funds under this
Agreement.
E.
All records required under this Agreement shall be retained for three (3) years after
completion ofthe project, or after all pending matters relative to this Agreement are closed.
The Subrecipient agrees to provide access to the City, the u.S. Department of Housing and
Urban Development, 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.
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; and (2)
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B.
affinnative 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.
This requirement shall apply to but not be limited to the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, lay-off or tennination, rates of
payor other fOnDS 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.
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 Subrecipients 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.
Ifthe 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 nonexclusive 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 detennination 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 infonnation, as
well as other requirements specified in said Section 14 and Section 308, and all
regulations and guidelines issued thereunder.
Environmental Protection Agency (EP A) 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 ofthe 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.
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v.
B.
VI.
'i
H.
Incorporated by reference herein are OMB Circulars A-21 or A-122 as applicable, and A-
110, Attachments A, B, C, G, I, J, M, O.
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 TWENTY -FIVE THOUSAND DOLLARS
($25,000).
Method of Payment
Funds will be released monthly upon receipt of proper invoice verifying eligible expenses actually
incurred by the Subrecipient, and approved by the City.
SUSPENSION AND TERMINATION
A.
When the Subrecipient has failed to comply with the tenus, conditions or standards ofthis
Agreement or applicable U.S. Department ofHUD 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 offunds, pending corrective action by
the Subrecipient, or a decision to tenninate in accordance with paragraph B below.
B. This Agreement may be tenninated for cause or convenience.
(1) TERMINATION FOR CAUSE: The City may tenninate this Agreement in whole or in
part at any time before the date of completion, whenever it is detennined that the
Subrecipient has failed to comply with the conditions of this Agreement. The City shall
promptly notify the Subrecipient in writing of the detennination and the reasons for the
tennination, together with the effective date. Payments made to the Subrecipient or
recoveries by the City in the event this Agreement is tenninated 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.
(2) TERMINATION FOR CONVENIENCE: This Agreement may be terminated in whole
or in part when both parties agree that the continuation of the project would not produce
beneficial results commensurate with the further expenditures of funds. The three parties
shall agree upon the effective date and in the case of partial terminations, the portion to be
tenninated. 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.
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VI.
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 detennined 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 ofthe 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 oftime specified in accordance with A. above.
VII.
AMENDMENTS
This Agreement may be amended at any time by a written modification mutually agreeable to both
parties hereto.
VIII.
INDEMNIFICATION
The Subrecipient agrees to and do 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 thi~ day of~, 2005, and is specifically binding upon the parties hereto.
WINNEBAGO COUNTY HOUSING AUTHORITY
CITY OF OSHKOSH
~~
RICHARD A. WOLLANGK
..--_ÇITYMANAGER.. .. .\ .
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~ JlliJ.~
PAMELA R. UBRIG .
CITY CLERK '-
APPROVED AS TO FUNDING AVAILABILITY
~a~
EDWARD A. NOKES
FINANCE DIRECTOR
Housing Authority Homebuyer 2005 Contract
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APPENDIX A -
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Please Limit Answers to Space Provided Unless Specified
(Applications must be completed in full to be considered)
1. Organization Name:
Winnebago County Housing Authority
2. Address: 600 Merritt Ave., Oshkosh, WI 54903-397
3. Mailing Address:
P.O. Bob 397, Oshkosh, WI 54903-0397
4. Telephone Number: 920-424-1450
5. Name of Contact Person:
Mary E. Bach
6. Telephone Number of Contact
Person:
7. Legal Status of Organization:
920-424-1470 ext. 130 or 920-470-3333
Private, Non-profit
Private, For-Profit
X Public Agency
Other
39-1251777
8. Federal Tax Identification Number:
9. Provide a brief description of your organization's overall mission purpose: To assist the
community with affordable housinq options with a primary focus on service to low income
households.
10. What is your organization's total 2005 operating budget?
$ 2.5
X
Yes
No
11. Has your organization received CDBG funding in the past?
12. If yes, how much has your organization received and for how many years has it participated in
the CDBG Program?
$ 90,000
Number of Years:
4
13. If your organization is receiving 2004 CDBG funding, what is the amount and what percent are
The CDBG funds of your total budget?
$25,000
Percent of budget 5%
14. CDBG funds requested for 2005:
$25,000
~
Yes
D
No
Would you accept a smaller grant award than requested?
15. Please fill out the following budget sheet (for entire agency):
Rev"en ue 2004 Budget I 2005 Proposed
CDBG (Neenah/Oshkosh) $ 40,000 $ 40,000
County Aid $ $
Federal/State Funds or Grants $ 356,825. $ 400,000
(HODAP/HOME)
Fees for Services (FHLB) $ 10,000 $ 10,000
Fundraising/Dues $ $
Foundations) FHLB funds $ 40,000 $ 40,000
United Way $ $
Investments $ $
Endowments $ $
Donations/Other (DPP) $ 1000 $ 1000
Total Revenue $ 447,825 $ 491,000
2004 2005 2005
Expenses 2004 Total CDBG Proposed Proposed
CDBG
Funded Total Funded
Salaries $ 341,790 $ 35,000 $ 315,347 $ 35,000
Employee Benefits $ 144,204 $ $ 124,628 $
Occupancy/Operating $ 527,151 $ 5,000 $ 550,000 $ 5,000
Program/Office $ 55,351 $ $ 60,000 $
Materials/Supplies
Communication $ $ $ $
Professional $ $ $ $
Develop/Conferences
Tenant Services $ 73,221 $ $ 75,058 $
Housing Asst Paymt $ 1,275,237 $ $ 1,187,436 $
Interest $ 89,403 $ $ 86,000 $
Total Expenses $ 2,506,357 $ 40,000 $ 2,398,469 $ 40,000
'/
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16. Please Provide a Budget for the Project which you are requesting CDBG funds:
Item Total. Amount CDBG Amount Other
Personnel Costs $25,000 $25,000 0
Supplies & Services
Totals: $25,000 $25,000
~ .,
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17. Use of CDBG Funds: Provide a specific description, including staffing, of the activity or
activities that will be funded with CDBG funds:
This application requests funds to help defray the administrative costs related to pre-qualifying,
preparing, counseling and educating LMI households who have an interest and potential to
become homeowners. Funds would be used to offset the Housing Authority's personnel costs
for reception, monitoring and accounting services provided by the Housing Authority. However
80+% of the administrative budget is set aside for contracted services to provide direct services
to potential homebuyers including screening, counseling/education and coordination of financial
packaging for acquisition and rehabilitation assistance for income eligible homebuyers.
18. Local Needs: State specific local needs or problems which your proposal intends to
address:
As consistent with the City of Oshkosh's Consolidated Plan the WCHA Homebuyer Program
addresses local needs by providing comprehensive homebuyer services and financial
assistance in tandem with the City of Oshkosh CDBG staff targeting low income, disabled and
large families who are renters and who wish to explore homeownership as an affordable
housing option. Since January 2004, 79 applicants have enrolled in the program. Of those, 44
were from Oshkosh. To date 100 LMI households have purchased homes. 38 participants (36%)
have purchased homes in Oshkosh. These new homeowners pay an average of $1700 in
annual property taxes back to the city as part of their community membership. As part of the
ongoing partnership with the City of Oshkosh, WCHA Homebuyer Program has successfully
leveraged $290,599 in HCRI/HOME funds in homebuyer assistance for Oshkosh households.
To date $146,000 in Federal Home Loan Bank funds has leveraged to assist Oshkosh buyers
(and used as match for CDBG funds) with acquisition of their new homes and to complement
and extend the CDBG commitment. As the result of a new partnership established with Habitat
of Oshkosh in 2003 approximately $100,000 in additional match was accessed through
community donations/volunteer labor and corporate donations. As a result of blending leveraged
funds into the Habitat projects the local organization was able to build additional homes in
Oshkosh and VLI beneficiaries secured affordable housing. This infusion of HCRI, HOME and
FHLB funds has also enabled Habitat to have enough "start up" construction funds so as to
break ground on additional building projects that in 2004. Of the total funds leveraged since
1999, $188,000 was used as matching funds for the CDBG dollars. These leveraged/matching
dollars assist the homebuyers, help stretch CDBG funds and meet multiple community goals.
This proposal for CDBG funds addresses the need for continuing the jointly operated
homebuyer program which has proven to be successful, because of the utilization of
comprehensive homebuyer counseling/education together with financial assistance, share staff
resources and first mortgage financing. First time buyers, special needs and low income
households are particularly vulnerable to the influences of predatory lenders and may be laud
into zero down payment, high interest rate or adjustable rate loans that encourage "over buying"
and result in a high rate of default. With the anticipated cuts proposed in the CDBG program for
2005 (and beyond) it will be even more critical to leverage public/private dollars from HOME,
HODAP and private sources so as to continue to serve LMI renters who want to become
successful and responsible homeowners.
..
19. List the number of program participants (for activities that serve clientele or provide jobs):
05/01/05 - 04/30/06
(projected) 80
(projected) 65
(p rojected) 65
(actual)
42
05/01/03 - 04/30/04
05/01/04 - 04/30/05
20. What percentage of those served will be City of Oshkosh residents?
35-40%
21. What percentage of program participants fall into the category of extremely low, low, or
moderate income individuals or households (as defined previously in the instructions)?
Low income = 45% Moderate income = 55%
22. Goals/Evaluation: Describe the goals and objectives of the proposed activities in Quantifiable
terms and the methods that will be used to measure performance in relation to the goals
and objectives:
23. If your agency receives partial or no funding for the proposed project, would you be able to raise
the remainder of the funds to operate the program?
No. There has consistently been more demand then funds to assist participants with purchase.
Each cycle the demands of proqram administration are expanded. The coordination of staff
resources, development of new partnerships. packaqinq of financing and blendinq of
rehab/acquisition funds is what has made this proqram successful. The. commitment of local
funds is necessary to compete for HCRI/HOME and FHLB funds at the state level.
Administrative cost have been cut because the creative cross utilization of CDBG staff and
WCHA Homebuyer Program staff and the result has been that mutual qoals have been met by
both proqrams.
24. Do your services/activities leverage the involvement of volunteers? How many and in what
capacity (do not include board members attending meetings)?
Lenders, Realtors, UW Extension staff. FISC budqet counselors, county social service aides and
successful proqram participants serve as volunteers to counsel and educate potential
homeowners. Family, friends and community members assist beneficiaries in all aspects of the
homebuyer process as well as provide sweat equity during the rehabilitation of the newly
purchased home. Habitat and community volunteers assist Habitat applicants as they proqress
throuqh the WCHA Homebuyer Proqram and Habitat process. It is estimated that 200 "traininq
.f
.hours" are committed each year and 800-1000 hours is committed in sweat equity for
rehabilitation/new construction efforts.
25. Are there other agencies that provide similar programs or services for City of Oshkosh
residents? How is your program unique?
ADVOCAP provides similar services to LMI buyers in Winnebaqo. Fond du Lac and Green Lake
counties. The demand for homebuyer services surpasses the capacity of both proqrams. The
WCHA Homebuyer Proqram has had a waitinq list since it's inception and althouqh they offer
classes every 12-14 weeks, onqoinq counselinq and pre-qualification services the financial
assistance dictates that ability to serve eliqible and appropriate candidates. The WCHA
Homebuyer Proqram serves a broader income ranqe. charqes no fees, provides comprehensive
counselinq for special needs households and is locally manaqed and operated.
26. How will your organization document LMI eligibility of program participants?
Second and third party income verifications are documented and household size is verified.
Financial assets are verified prior to closinq to establish that the potential homebuyers have the
required $1000. saved to cover closinq cost and their portion of the down payment.
27. How long do you anticipate needing CDBG funds? For as long as there is a need for
homebuyer services and communities identify homeownership as a successful strategy to
promote community stability and neighborhood revitalization in their Consolidated Plans.
X Continuously
At least 3 years
2 years or less
On an intermittent basis
28. What is the dollar amount attributed to administrative costs, both entire agency and program?
List the items included in the administrative cost figures:
Administration Costs Administrative Costs CDBG Amount
Total Agency Program Total
$ $ 90,000 $ 25,000
$ $ $
$ $ $
$ $ $
$ $ $