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HomeMy WebLinkAboutWinnebago County Housing Authority } ~e~ '" 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 (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 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 2007-2008 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 If a portion of the CDBG funds are rescinded by Congress, the contract amount in Article V (A) ofthis Agreement may be reduced by the same percentage that is rescinded from the City's 2007-2008 CDBG Program by Congress or the Department of Housing and Urban Development (HUD). 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 of the 2007 CDBG Action Plan, which commences on May I, 2007 and ends on April 30, 2008. 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 1,2007 and ending on April 30,2008. C. The Subrecipient certifi~s 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 CFR Part 570.208. III. . REPORTING REQUIREMENTS/RECORDS A. The Subrecipient shall provide a set of quarterly reports to the City on August 30, 2007, 1 " November 30, 2007, February 28, 2008, and May 30, 2008, 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 A venue, 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 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 closed. 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 2 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 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. 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 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. 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 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 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. 3 " 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 (1) (B) of this Agreement, but not to exceed SEVENTEEN THOUSAND DOLLARS ($17,000). B. 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. 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 of funds, 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 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. (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 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 settl~ment Agreement. 4 1, 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 $17,000 is either: A. Used to meet one ofthe national objectives in CFR 570.208 until five years after expiration ofthis 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 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. 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~7 ~y of #i . ,2007, and is specifically binding upon the parties hereto. WINNEBAGO COUNTY HOUSING AUTHORITY CITY OF OSHKOSH '/)///~ ~:~~1~ PAMELA R. UBRlG ') , r) CITY CLERK ~ v/1 t /1uA- MA~(.\CH WCHAHOMEBUYERPROGRAM APPROVED AS TO FUNDING A V AILABll..JTY ZlJrw Q~ EDW ARD A. NOKES FINANCE DIRECTOR Housing Authority Homebuyer 2007 Contract 5