HomeMy WebLinkAboutMetropolitan Milwaukee Fair Housing Council 11/1/2010 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, 600 East Mason Street, Suite 200, Milwaukee, Wisconsin 53202 and
the Fair Housing Center of Northeast Wisconsin (local satellite office of the Metropolitan Milwaukee Fair Housing Council),
4650 West Spencer Street, Suite 2, Appleton, Wisconsin 54914, a Wisconsin non - profit corporation, herein referred to as
"SUBRECIPIENT ".
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 2010 -2011 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of the CDBG funds are rescinded by Congress, the contract amount in Article V (A) of this Agreement will
be reduced by the same percentage that is rescinded from the City's 2010 -2011 CDBG Program by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) Make its complaint intake and investigative services available to persons who believe that they
have experienced illegal discrimination. Staff will advise such persons on the provision of fair
housing law and available sources of remedy. As appropriate, staff will make referrals to an
attorney and/or administrative agencies.
(2) Provide referral services for clients who have non -fair housing inquiries.
(3) Make available, on a case -by -case basis, reasonable technical assistance (as determined by
subrecipient) to the City and Oshkosh residents, including housing providers and social service
agencies that conduct business in the Oshkosh.
(4) Regularly distribute fair housing educational materials to approximately eight public agencies,
social service agencies, homeless shelters, and community -based organizations that serve the
city of Oshkosh.
(5) Work with the City to conduct two collaborative presentations and one training providing
information on fair housing laws to be finalized at a later date.
(6) Have staff in the local office (Fair Housing Center of Northeast Wisconsin) participate in
approximately 12 local interagency meetings.
(7) Place listings in the yellow and white pages of the Oshkosh telephone book for the FHCNW
telephone number and the MMFHC toll -free complaint intake telephone number.
B. Said services shall commence on or about May 1, 2010 and shall be completed by April 30, 2011.
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 blight; and 3) meet a need having a particular
urgency (as defined in 24 CFR Part 570.208).
III. REPORTING REQUIREMENTS /RECORDS
A. The subrecipient shall provide quarterly reports to the City by the end of the month following the last day of the
quarter with reports due by August 31, 2010, November 30, 2010, February 28, 2011, and May 31, 2011.
Additionally, the final report shall include both the last quarter as well as a yearly summary of activities along
with accomplishments. A template for the reporting will be provided to the subrecipient and shall include, at a
minimum, 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 Oshkosh
(4) Number of low /moderate income persons assisted
(5) Number of very low income persons assisted
(6) Number of extremely low income persons
(7) Number of persons assisted based on one of 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
(8) Number of Hispanic persons assisted per each of the above 10 race categories
(9) Number of female headed households assisted
(10) Progress towards program goals (outcome statement)
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 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 program 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 OMB Circular A -133, as
applicable, for any fiscal year CDBG funds were received under this Agreement.
D. All records required under this Agreement shall be retained for four (4) years after completion of the project, or
after all pending matters relative to this Agreement are closed.
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.
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; 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 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.
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.
Community Development Block Grant 2 Fair Housing Contract 2010 -2011
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 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 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 TEN THOUSAND DOLLARS ($10,000).
B. Method Of Payment
Funds will be released quarterly by the United Way 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 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.
(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 two parties shall agree upon the effective date and in the case of partial
Community Development Block Grant 3 Fair Housing Contract 2010 -2011
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 settlement Agreement.
VII. 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
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.
VIII. AMENDMENTS
This Agreement may be amended at any time by a written modification mutually agreeable to both parties hereto.
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 this k' day of NoVnb, , 2010, and is specifically binding upon the parties hereto.
METROPOLITAN MILWAUKEE FAIR CITY OF OSHKOSH
HOUSING COUNCIL
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t _� �� ...4lit'
1'I LIAM R. TISDAL :OHLOFF
PRESIDENT AND CEO ( - CITY M' AGER ,
ill i _ _irA , 1
PAMELA R. UBRIG
CITY CLERK
APP VED AS TO FUNDING N``��DING AVAILABILITY:
PEGGY ENO
FINANCE DIRECTOR
APP "OVED AS TO FARM:
/ -`
,: ,,
L ■ N JORENSON
CITY A TORNEY
Community Development Block Grant 4 Fair Housing Contract 2010 -2011
Please limit answers to space provided unless specified
(applications must be completed in full to be considered)
1. Organization Name: Metropolitan Milwaukee Fair Housing Council (MMFHC)
2. Address: 600 E. Mason Street, Suite 200, Milwaukee, WI 53202
3. Mailing Address: Fair Housing Center of Northeast Wisconsin (FHCNW), 4650 W. Spencer
Street, Suite 2, Appleton, WI 54914
4. Telephone Number: 414- 278 -1240 (MMFHC), 920 -560 -4620 (FHCNW
5. Name of Contact Person: Kristi Clover, Program Services Coordinator
6. Telephone Number of Contact Person: 920 -560 -4620
7. Legal Status of Organization: 1>4 Private, Non - profit ❑ Private, For - Profit
❑ Public Agency ❑ Other
8. Federal Tax Identification Number: 39- 1286685
9. Provide a brief description of your organization's overall mission purpose: FHCNW is a
satellite office of MMFHC. The purpose of MMFHC is to promote fair housing by guaranteeing
all people equal access to housing opportunities and by creating and maintaining racially and
economically integrated housing patterns. MMFHC supports the fulfillment of this mission
throughout the State of Wisconsin through satellite offices and local community partnerships.
10. What is your organization's total 2009 operating budget? $1,316,858 (MMFHC); $99,511
(FHCNW office)
11. Has your organization received CDBG funding in the past ?%1 Yes ❑ No
12. If yes, how much has your organization received and for how many years has it participated
in the CDBG Program? $15,000 (2002), $10,000 (2003), $10,000 (2004), $8,384 (2005)
$10,384.00 (2006) $10,000 (2007), $10,000 (2008), $10,000 (2009)
Number of Years: 8
13. If your organization is receiving 2009 CDBG funding, what is the amount, and what percent
are the CDBG funds of your total budget? $10,000: 0.76% of MMFHC's budget, 10% of
FHCNW's budget
14. CDBG funds requested for 2010: $17,475.00
Would you accept a smaller grant award than requested? NYes ❑ No
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15. Please fill out the following budget sheet (for entire agency):
2010
Revenue 2008 Actual 2009 Budget Proposed
CDBG Funds
345,494 292,061 299,536
County Aid
Federal /State Funds or Grants 397,969 373,111 600,131
Fees for Services 297,943 252,613 148,000
Fundraising /Dues
7,895 7,000 9,000
Foundations
412,725 392,073 225,134
United Way
Investments 1,308
Endowments
Donations /Other 6,380
Total Revenues ' ;1,469,714 1,318,868- 1,281,80 1 ...
2010
2008 2008 2009 2010 Proposed
Actual CDBG Proposed 2009 CDBG Proposed CDBG
Expenses Total Funded Total Funded
Total Funded
Salaries 962,248 411,815 894,179 382,684 905,035 387,330
Employee Benefits 148,013 63,345 142,498 60,985
136,432 58,389
Occupancy
112,816 48,282 105,708 45,240 80,471 34,439
Program /Office 130,701 55,936
Materials /Supplies 184,662 79,030 145,311 62,189
Communication 24,871 10,644 26,000 11,127
26,000 11,127
Professional 1,353 3,162 1,353
Develop /Conferences 2,013 862 3,162
Total Expenses 1,434,623 613,978 1,316,858 563,578 1,281,801 548,574
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16. Please Provide a Budget for the Project which you are requesting CDBG funds:
Total CDBG
Item Amount Amount Other
Personnel Costs
Salaries 53,705 11 ,500 42,205
Fringe Benefits 12,148 2,601 9,547
Total Personnel Costs 65,853 14;101 51,752
Supplies & Services
Occupancy 10,024 1,005 9,019
Program /Office Materials /Supplies 20,246 1,684 18,562
Oshkosh Telephone Book Listing 384 384 -
Communications 2,704 271 2,433
Professional
Development/Conferences 300 30 270
Total Supplies & Services X3,658_`€ .. -. ,374', 30284.
MI: E 2"
Totals
17. Use of CDBG Funds: Provide a specific description, including staffing, of the activity or
activities that will be funded with CDBG funds: MMFHC proposes to provide the following
comprehensive fair housing enforcement, outreach and education and technical assistance
services to City of Oshkosh residents:
A) MMFHC will 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.
B) MMFHC will provide information and referral services for clients who have non -fair housing
inquiries.
C) MMFHC will 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.
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D) MMFHC will regularly distribute fair housing_educational materials to approximately fifteen
public agencies, social service agencies, homeless shelters and community -based organizations
that serve the City of Oshkosh.
E) MMFHC will provide a minimum of two fair housing presentations to organizations that
serve the City of Oshkosh.
F) MMFHC will conduct one fair housing training seminar for owners and managers of rental
property in Oshkosh, for housing providers doing business in the Cities of Oshkosh, Appleton
and Neenah.
G) MMFHC's staff in the FHCNW office will participate in approximately 12 local interagency
meetings.
H) MMFHC will place listings in the yellow pages of the Oshkosh telephone book for the
FHCNW telephone number and the MMFHC toll -free complaint intake telephone number.
18. Local Needs: State specific local needs or problems which your proposal intends to address:
The 2000 census reveals that Oshkosh, a historically homogenous community, remains
segregated. Oshkosh continues to face barriers to integration, including housing discrimination.
Segregation experienced by persons of color, contrasted with the relative mobility experienced
by whites, suggests that minorities' housing choices are limited by housing discrimination.
Complaint and testing data gathered from the Fox Valley area bear this suggestion out.
Discrimination continues today in both subtle and overt ways, and many housing consumers and
providers have poor understanding of the rights and responsibilities provided by fair housing
laws. The City of Oshkosh CDBG Program's 2000 -2004 Consolidated Plan lists the provision of
fair housing information to both rental property owners and tenants as one of the City's goals. All
of these factors highlight Oshkosh residents' need for fair housing educational services, fair
housing enforcement services, and technical assistance.
19. List the number of program participants (for activities that serve clientele or provide jobs):
5/1/08 - 4/30/09 (projected) 185 (actual) 473
5/1/08 - 4/30/09 (projected) 165
5/1/09 - 4/30/10 (projected) This project will serve a minimum of 165 individuals
directly. Many more individuals will be indirect
beneficiaries of fair housing services, as direct recipients
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share their newly - gained knowledge by word of mouth with
their colleagues, clients, household members, and others.
20. What percentage of those served will be City of Oshkosh residents? This is unknown at this
time, as the collaborative fair housing services proposed above may include residents from
throughout the FHCNW service area.
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)? This is
unknown at this time, as the diversity of persons in need of fair housing services makes it
impossible to predetermine income data. MMFHC collects income data from recipients of
complaint intake services and logs this information on its Complaint Intake Log. MMFHC does
not and cannot collect income - related data from other service recipients.
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: The activities proposed herein will have the following outcomes:
a) Oshkosh residents who receive fair housing educational services will have increased knowl-
edge of fair housing rights and increased ability to seek appropriate resources for fair housing
and non -fair housing related issues, resulting in increased referrals and complaints. Presentations
offered to homeseekers and their advocates will empower housing consumers to become better
self - advocates, to recognize discriminatory experiences, and to seek remedy and /or other
resources after experiencing illegal housing discrimination.
b) Provision of technical assistance and training to housing providers will result in greater
compliance with fair housing laws and fewer incidents of illegal discrimination. Technical
assistance provided to non - profit housing providers and providers of housing- oriented support
services will disseminate information regarding the provisions of fair housing laws, including
information essential to conducting business in compliance with fair housing laws.
c) MMFHC's direct - service fair housing enforcement services will provide victims of illegal
housing discrimination with increased access to legal remedies. Services provided to victims
will include counseling on their fair housing rights and access to enforcement services, including
fair housing testing, which is the most effective evidence - gathering method in fair housing en-
forcement. The quality of MMFHC's enforcement services ensures credible and objective evi-
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dence, thus maximizing the successful resolution of complaints. In addition, persons with non-
fair housing inquiries will receive information regarding fair housing issues and referred to other
community resources.
In sum, the number of individuals informed about fair housing issues will increase and the num-
ber of incidents of illegal housing discrimination will diminish as a result of MMFHC efforts.
Moreover, the MMFHC activities proposed here will help Oshkosh meet its mandate as a recipi-
ent of CDBG funding to affirmatively further fair housing choice through dismantling impedi-
ments to fair housing.
MMFHC's programs in the FHCNW service area are continually evaluated by feedback received
from clients, attorneys, volunteers, and others, as appropriate. In addition, the impact of
MMFHC and FHCNW services is gauged by recording the number of persons requesting and
receiving education and outreach services, the number of allegations of illegal housing
discrimination received, and the number of complaint referrals made to administrative agencies
(e.g., the US Department of Housing and Urban Development and the State of Wisconsin Equal
Rights Division) and /or attorneys for adjudication, and the number of agencies, businesses and
individuals requesting and receiving technical assistance and professional support services.
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? If MMFHC receives partial or no
funding for the proposed activities, the level of services provided to the City of Oshkosh would
be scaled down proportionate to the level of funding available.
24. Do your services /activities leverage the involvement of volunteers? How many and in what
capacity (do not include board members attending meetings)? Rigorously trained MMFHC
volunteers assist in housing discrimination investigations, serve on the FHCNW Advisory
Committee, and advocate in support of fair housing in various public forums. MMFHC has a
pool of 190 volunteers who reside throughout MMFHC's service areas and have agreed to travel
throughout the State of Wisconsin as needed. Together with the participation of volunteers.,
MMFHC's collaborative relationships with other organizations create a cost - effective and highly
efficient way to extend fair housing services to many populations.
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25. Are there other agencies that provide similar programs or services for City of Oshkosh
residents? How is your program unique? There are no other agencies, either public or private,
that provide the comprehensive fair housing services described herein to the City of Oshkosh.
26. How will your organization document LMI eligibility of program participants? MMFHC
collects income data from recipients of complaint intake services and logs this information on its
Complaint Intake Log. MMFHC does not and cannot collect income - related data from other
service recipients.
27. How long do you anticipate needing CDBG funds? Check one that applies.
Continuously
n 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 Administration Costs CDBG Amount
Total Agency Program Total
$201,097 (MMFHC) $8,808 (FHCNW) $0
Items included in the administrative cost figures are:
Partial salaries and fringe benefits for the President
and CEO, Executive Vice President, Fiscal Manager,
Accountant, and Adminstrative Service Manager;
travel related to the aforementioned positions; Audit;
Program Insurance; and Bank and Administrative
Fees
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