HomeMy WebLinkAboutHousing Authority 06
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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. The City has received funding from the U.S. Department of Housing and Urban
Development (RUD) 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 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 funds from the 2006-2007 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 If a portion of the CDBG funds are rescinded by Congress, the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) of this Agreement may be reduced by the same percentage
that is rescinded from the City's 2006-2007 CDBG Program by Congress or the Department
of Housing and Urban Development (RUD).
C. The purpose of this agreement is to allow the Subrecipient to participate in administrative
activities associated with theWinnebago County Housing Authority Homebuyer Program
relative to the implementation ofthe 2006 CDBG Action Plan, which commences on May 1,
2006 and ends on April 30, 2007.
II. 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.
(2 ) Provide appropriate staff to support the program.
(3) 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))
B. Said services shall be provided during the period commencing on May 1, 2006 and ending on
April 30, 2007.
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 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 CPR Part 570.208.
III. REPORTING REOUIREMENTS/RECORDS
A. The Subrecipient shall provide a set of quarterly reports to the City on August 30, 2006,
November 30, 2006, February 28, 2007, and May 30, 2007, which at a minimum shall
include the following information:
( 1 ) Amount of CDBG funds expended per budget and additional funds leveraged for program
( 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.
(6) Number of Hispanic persons assisted per each of the above ten race categories.
( 7 ) Number of female headed households assisted.
( 8) Progress towards program goals (Outcome statement).
Records necessary to substantiate these reports shall be kept on file at the Subrecipie:nt'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 CPR
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 of the program income received. Unused program
income shall be returned to the City at the end of the 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 of the 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 c1osled.
F. 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.
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
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employment because of race, color, sex orientation, religion, sex or national origin; 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.
.
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
payor other forms of compensation, and selection for training, including apprentice:ship.
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.
B. The Subrecipient will make a good faith effort to use minority and women-owned businesses
in procurement of supplies, and upon request ofthe 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 proj ect.
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 resenres 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 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
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 information, 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 510 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.
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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.
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 TWENTY-FIVE THOUSAND DOLLARS
($25,000).
B. Method ofPavrnent
Funds will be released monthly 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 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 terminate in accordance with paragraph B below.
B. This Agreement may be terminated for cause or convenience.
(1) TERMINATION FOR CAUSE: The City may terminate this Agreement in whole orin
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 Subrecipienlt 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.
(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
terminated. The Subrecipient shall not incur new obligations for the terminated portion a:R:er
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 ofthe 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 ofthe national objectives in CFR 570.208 until five years after expiration
of this Agreement, or such longer period oftime as determined appropriate by the City; or
B. Is disposed of in a manner which results in the City being reimbursed in the amount ofthe
current fair market value of theproperty 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.
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 ofthis Agreement.
This Agreement is made this _ day of
, 2006, and is specifically binding upon the parties hereto.
WINNEBAGO COUNTY HOUSING AUTHORITY
CITY OF OSHKOSH
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MARY BACH
WCHA HOMEBUYER PROGRAM
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RICHARD A. WOLLANGK _
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PAMELAR UBRl~,~..1-
CITY CLERK . -"-=- . 0
APPROVED AS TO FUNDING AVAILABILITY
(Q'l6L~O a~
EDWARD A. NOKES
FINANCE DIRECTOR
Housing Authority Homebuyer 2006 Contract
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Please limit answers to space provided unless specified
(applications must he completed in/ull to he considered)
Appendix A
1. Organization Name: Winnebago County Housing Authority
2. Address: 600 Merritt Ave. . Oshkosh WI 54903-0397
3. Mailing Address: P.O. Box 397, Oshkosh. WI 54903-0397
4. Telephone Number: 920-424-1450
5. Name of Contact Person: Mary E. Bach. WCHA Homebuver Program Administrator
6. Telephone Number of Contact Person: 920-424-1470 Ext. 130 or 920-470-3333
7. Legal Status of Organization: 0 Private, Non-profit 0 Private, For-Profit
IZJ Public Agency D Other
8. Federal Tax Identification Number: 39-1251777
9. Provide a brief description of your organization's overall mission purpose: To
assist the community with affordable housing options with the primary focus on service to low
income households.
10. What is your organization's total 2005 operating budget? $ 2.5 million
11. Has your organization received CDBG funding in the past?k8J Yes 0 No
12. If yes, how much has your organization received and for how many years has it
participated in the CDBG Program? $ 115.000 Number of Years.;... 5 years
13. If your organization is receiving 2005 CDBG funding, what is the amount, and what
percent are the CDBG funds of your total budget? $ 25,000: 5% ofWCHA budget!
33% ofWCHA Homebuyer Program budget.
14. CDBG funds requested for 2006: $ 25,000
Would you accept a smaller grant award than requested? IZJYes
"
DNo
Revenue 2004 Actual 2005 Budget 2006 Proposed
CDBG Oshkosh $25,000 $25,000 $25,000
CDBG Neenah $15,000 $15,000 $15,0100
Federal/State Funds or Grants HCRI $35,800 $39,526 $30,000
HOME
Fees for Services (FHLB counseling fee) $10,000 $10,000 $5,400
Fundraising/Dues
Foundations
United Way
Investments
Endowments
,
Donations/Other
Total Revenues $85,800 $89,526 $75,4010
15. Please fill out the following budget sheet (for entire agency):
2004 2004 2005 2005 2006 2006 ,
Expenses Actual CDBG Pr~osed CDBG Pr~osed Proposed CDBG
Total Funded otal Funded otal Funded
Salaries $36,927 $36,426 $20,600
Employee Benefits
Occupancy
Program/Office $2500 $3000 $3500
Materials/Supplies
Communication $1900 $2500 $2800
Professional Develop/
Conferences
Contracted Services $44,473 $40,000* $47,600 $40,000* $48,500 $40,000*
Total Expenses $85,800 $40,000* $89,526 $40,000* $75,400 $40,000*
16. Please Provide a Budget for the Project which you are requesting CDBG funds:
Item Total Amount CDBG Amount Other
Personnel Costs $69,100 $25,000 $44,100
Supplies & Services $ 6,300 $ 6,300
Totals $75,400 $25,000 $50,4010
*CDBG=City of Oshkosh and City of Neenah funds
17. Use of CDBG Funds: Provide a specific description; including staffing, of the activity or actiivities
that will be funded with CDBG funds:
This a lication re uests funds to hel defra the administrative costs related to re- uali in reparing,
counselin and educatin LMI households who "have an interest and otential to become homeowners.
Funds would be used to offset the Housing Authority's personnel costs for reception, monitoring and
accountin services rovided b the Housin Authorit . However 66%of the administrative budget is. set
aside for contracted services to provide direct services to potential homebuyers including screening,
counsel in leducation and coordination of financial acka in for ac uisition and rehabilitation assistance
for income eligible homebuyers.
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19. List the number of program participants (for activities that serve clientele or provide jobs):
05/01/04 - 04/30/05
(projected)
65
(actual)
81
05/01/05 - 04/30/06
(projected)
75
05/01/06 - 04/30/07
(projected)
75
20. What percentage of those served will be City of Oshkosh residents? 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. GoalslEvaluation: 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:
The staff will 1. )screen, pre-qualify, counsel and educate 75 applicants: 2) 50 applicant households will
complete process during grant cycle: 3) 25 LMI households will purchase a home in Winnebago County.
It is estimated that 8-10 will purchase in Oshkosh. Four have purchased in Oshkosh from 5/1/05- 10/12/05
with one closing pending.
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 program administration are expanded. The coordination of staff resources, development of
new partnerships, packaging of financing and blending of rehab/acquisition funds is what has made this
program successful. The commitment of local funds is necessary to compete for 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 goals have been met by both
programs.
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 budget counselors, county social service aides and
successful program 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 progress through the WCHA Homebuyer Program and Habitat
process. It is estimated that 200 "training 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 Winnebago, Fond du Lac and Green Lake
counties. The demand for homebuver services surpasses the capacity of both programs. The 'WCHA
Homebuyer Program has had a waiting list since it's inception and although they offer classes every 12-14
weeks, ongoing counseling and pre-qualification services the financial assistance dictates that ability to
serve eligible and appropriate candidates. The WCHA Homebuyer Program serves a broader income
range, charges no fees, provides comprehensive counseling for special needs households and is locally
managed 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' closing to establish that the potentialllomebuyers have the required $ 1 000.
saved to cover closing 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 COQ.solidated 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
$ $ 75,400 $ 25,000
$ I $ $
$ $ $
$ $ $
$ $ $