HomeMy WebLinkAboutEast Central Wisconsin Regional Pllanning Commission (CDBG-EAP) EC Contract Number 2382
AGREEMENT FOR GRANT ADMINISTRATION SERVICES BETWEEN THE EAST CENTRAL
WISCONSIN REGIONAL PLANNING COMMISSION AND THE CITY OF OSHKOSH, WINNEBAGO
COUNTY, WISCONSIN FOR GRANT ADMINISTRATIVE SERVICES FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT- EMERGENCY ASSISTANCE PROGRAM (CDBG — EAP)
This Agreement entered into this L day of de: . 2010, by and between the City of Oshkosh (herein called the
"City") and the East Central Wisconsin Regional Planning Commission (herein called the "Commission ").
WHEREAS, the City has requested the Commission to provide grant administration services for the Community
Development Block Grant — Emergency Assistance Program (herein called "CDBG -EAP ") received from the Wisconsin
Department of Commerce (herein called "COMMERCE ");
WHEREAS, the project and the character of the services to be performed by the Commission hereunder are consonant
with the powers it possesses and the duties and functions it is created to perform under Wisconsin Statutes Section
66.0309;
NOW, THEREFORE, in consideration of these premises and of their mutual and dependent promises and agreements,
the parties hereto contract and agree as follow:
I. Employment of Commission. The City agrees to engage the Commission and the Commission hereby agrees
to perform the services hereinafter set forth.
II. Scope of Work to be undertaken: The Commission will provide administrative services for the City's
CDBG -EAP in accordance with the COMMERCE CDBG -EAP Procedures Handbook (most recent
version), the attached Scope of Services and Cost Estimate dated October 8, 2010 (Appendix A), and
Timetable (Appendix B) which are hereafter made part of this contract.
III. Assistance from the City.
A. The City agrees to supply all data and assistance, reasonably available upon the request of the Commission
that may be required to set up Financial Management files; Equal Opportunity files; Procurement Policy
files; Citizen Participation files; BOH Monitoring files; General Correspondence files and other
background files.
B. The City agrees to supply all data and assistance, reasonably available upon the request of the
Commission, as needed to administer the grant.
C. The City is responsible for reimbursing contractors for work performed. The Commission shall request
funds from COMMERCE in accordance with COMMERCE requirements.
IV. Personnel
A. The Commission represents that it has or will secure at its own expense all personnel and equipment
required to perform the services under this agreement.
B. All of the services required hereunder will be performed by the Commission or under supervision of
its personnel.
C. None of the work or services covered by this agreement shall be subcontracted without the expressed
formal concurrence of the City.
V. Time of Performance. This contract will be in effect as of the date first above written through September 30,
2012 and may be extended or shortened upon the mutual agreement of the Commission and the City, based on
unforeseen construction delays /accelerations, or as needed to fully administer the grant in a timely manner.
VI. Total Cost of Services. Total fee for services is based on a time and expense basis not to exceed $12,000 as
detailed on the attached Scope of Services and Cost Estimate (Appendix A).
VII. Reimbursement and Method of Payment. Subject to the limits set forth in Section VI, the City will reimburse
the Commission as specified below, after receiving an invoice from the Commission. Invoice dates, and billed
amounts may be adjusted subject to conditions outlined in Section V.
Estimated Invoice Date Estimated Amount Estimated Due Date
December 31, 2010 $1,000.00 January 31, 2011
June 30, 2011 $2,000.00 July 31, 2011
December 31, 2011 $6,000.00 January 31, 2012
June 30, 2012 $2,000.00 July 31, 2012
September 30, 2012 $1,000.00 October 30, 2012
All invoices for payment shall be submitted to: James Rabe, Civil Engineer II
Department of Public Works
City of Oshkosh
P.O. Box 1130
Oshkosh, WI 54903 -1130
VIII. Termination for Convenience of the City. If the Commission fails to fulfill the obligations under this contract,
or if the Commission violates any of the covenants, agreements, or stipulations of this contract, the City has the
right to terminate this contract giving 30 -day written notice to the Commission of such termination. If the
agreement is terminated by the City as provided herein, the Commission shall be paid for the actual costs of the
services performed under this agreement. In such an event, all finished or unfinished documents, data, studies,
and reports pertaining to the grant administration prepared by the Commission shall, at the option of the City,
be made available to it.
IX. Equal Opportunity Compliance.
A. In accordance with s. 16.765, Wis. Stats., the Commission agrees to the provisions below:
In connection with the performance of work under this Contract, the Commission agrees not to
discriminate against any employee or applicant for employment because of age, race, religion,
color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis.
Stats., sexual orientation, or national origin.
This provision shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. Except with
respect to sexual orientation, the Commission further agrees to take affirmative action to ensure
equal employment opportunities. The Commission agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the Commission setting
forth the provisions of the nondiscrimination clause.
B. The Commission shall provide a copy of its Affirmative Action Plan to the City, if requested.
C. Section 109 of the Housing and Community Development Act of 1974. No person in the United
States shall, on the grounds of race, color, national origin, sex, age or handicap be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity funded in whole or in part with funds made available under this title.
D. The East Central Wisconsin Regional Planning Commission is a Sub - Recipient of WisDOT
federal aid funds, hereinafter referred to as the "Sub- Recipient," assures that no person shall on the
grounds of race, color, national origin, or sex, as provided by Title VI of the Civil Rights Act of
1964, and the Civil Rights Restoration Act of 1987 (P.L. 100.259) be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination under any program or
activity. The Sub - Recipient further assures every effort will be made to ensure non- discrimination
in all of its programs and activities, whether those programs and activities are federally funded or
not.
The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding
the definition of terms "programs or activities" to include all programs or activities of Federal Aid
recipients, sub - recipients, and contractors /consultants, whether such programs and activities are
federally assisted or not (Public Law 100259 [S.557] March 22, 1988.)
In the event the Sub - Recipient distributes federal aid funds to an additional sub - recipient, the Sub -
Recipient will include Title VI language in all written agreements and will monitor the additional
sub - recipient for compliance. The Sub - Recipient has an authorized Title VI Coordinator with the
authority and responsibility for initiating and monitoring Sub - Recipient Title VI activities,
preparing reports and other responsibilities as required by 23 Code of Federal Regulation(CFR)
200 and 49 Code of Federal Regulation 21.
IX. Changes. The City or the Commission may, from time to time, request changes in the scope of work or
contract timeline of the Commission to be performed hereunder. Such changes, including any increase or
decrease in the amount of the Commission's compensation, which are mutually agreed upon by and between
the City and the Commission, shall be incorporated in written amendments to this agreement.
XI. Interest of Municipal Officials and Others. No officer, member or employee of the City or public official who
exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this
agreement shall participate in any decision relating to this agreement which affects his/her personal interest or
the interest of any corporation, partnership or association in which he is directly or indirectly interested; nor
shall any such officer, member or employee of the City or other public official of the governmental unit within
the City have any interest, direct or indirect, in this agreement or the proceeds thereof.
XII. Interest of the Commission. No employee of the Commission presently has any interest or shall acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance of any services
he /she may be required to perform herein.
XIII. Assignability. The Commission will not assign or transfer any interest in this agreement without the prior
written consent of the City thereto; provided, however, that claims for money due the Commission from the
City under this agreement may be assigned to a bank, trust company or other financial institution without such
approval. Notice of any such assignment or transfer shall be furnished promptly to the City.
XIV. Liability. Subject to any limitations contained in Sec. 893.80 and any similar statue, of the Wisconsin Statutes,
each party to this agreement shall hold the other party to this agreement, their respective officers, directors,
agents and employees, harmless from liability of any nature and kind, including costs and expenses, for or on
account of any or all damages of any character whatsoever where such liability is founded upon or grows out of
the acts or omission of any of the indemnifying party's officers, employees or agents while acting within the
scope of their employment.
IN WITNESS WHEREOF, the City and the Commission has executed this Agreement as of the date first above written.
Attesting Witness:
City of Oshkosh
M Rohloff
City Manager
East Central Wisconsin Regional Planning Commission
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• Ken Capel Eric W. Fowle, AICP
Commission Chairperson Executive Dir ctor
This Agreement is for the sole benefit of the parties hereto and does not create any rights or liabilities to or for the benefit
of any third party.
APPENDIX A
SCOPE OF SERVICES AND COST ESTIMATE FOR GRANT ADMINISTRATIVE FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT- EMERGENCY ASSISTANCE PROGRAM (CDBG — EAP), CITY OF
OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
October 8, 2010
The Commission will provide the administrative services for the City's CDBG -EAP in accordance with the
COMMERCE CDBG -EAP Procedures Handbook (most recent version). These services shall include:
1. The Commission shall be responsible for maintaining the application file. This file includes the application,
amendments and revisions to the application, if any; correspondence about the application; the Citizen
Participation Plan and documentations of public hearing.
2. The Commission shall be responsible for maintaining the grant contract file. This file includes the
COMMERCE award letter; the original signed grant contract plus any amendments, and correspondence
concerning any grant conditions. The City shall furnish a copy of the above information to the Commission.
3. The Commission shall establish and maintain the following files as part of the grant administration:
a. Financial management files;
b. Establish and maintain Equal Opportunity File;
c. Establish and maintain an Environmental Review File;
d. Establish and maintain a Procurement Policy File;
e. Establish and maintain a Citizen Participation File;
f. Establish and maintain a BOH Monitoring /Inspection File;
g. Establish and maintain a General Correspondence File;
h. Establish and maintain a Labor Standards File:
i. Establish a Project Closeout File.
4. The Commission shall perform the following activities as part of the grant administration:
a. Conduct a second public hearing. The Commission will work with the City to hold a second
public hearing. The City shall prepare the public hearing notice with the Commissions'
assistance, properly notice the hearing, conduct a public hearing and take minutes. The
Commission will be responsible for submitting the appropriate notice, minutes and other
pertinent information to COMMERCE.
b. Prepare Environmental Review and submit to COMMERCE.
c. Prepare and submit quarterly reports. The Commission will complete and submit financial
management reports, quarterly.
d. Bidding and contract award. The Commission will secure and submit Federal and State wage
rates, including a 10 -day decision status check; provide required documentation to
COMMERCE in regard to bidding and contract award; and assist the City in holding a
preconstruction meeting.
e. Labor Standards. The Commission shall provide compliance monitoring including a review
of weekly payrolls and statements of compliance; interview workers; ensuring proper
worksite postings; provide compliance enforcement and resulting documentation; and submit
Semi - Annual Labor Standards Enforcement Report.
f. Closeout documentation. The Commission shall prepare final documentation, as required.
All grant administration files and documentation will be provided to the City at the
completion of the contract.
g. Audits. The Commission will work with the City and COMMERCE on annual audits, as well
as a final audit on the project.
The Commission will provide a Principal Planner staff person, or other qualified personnel, to complete the above
services. Staff will work on an as needed basis, due to the variations in workload over the course of the contracted
services as it relates to the administration of the CDBG -EAP Grant Administration.
Cost Estimate:
Assumption:
Principal Planner Billing Rate = $78.36 (includes fringe benefits and overhead costs)
Administrative Service Staff Hours Expenses* Total
Set up Grant Application, Contract, and Administration Files 2 $ - $ 157
Maintain Financial Management Files 8 $ - $ 627
Conduct public hearing /paperwork 6 $ 20 $ 490
Prepare Environmental Review 20 $ - $ 1,567
Bidding Activities 6 $ - $ 470
Preconstruction meeting 4 $ 20 $ 333
Prepare Quarterly Reports (7) 14 $ - $ 1,097
Labor Standards Weekly Review 32 $ - $ 2,508
Worker interviews (1 per job) 32.24 $ 108 $ 2,634
Semi - Annual Labor Standards Report (2 reports) 4 $ 313
Annual Audits (2) 8 $ 627
Contract Closeout 15 $ 1,175
TOTAL 151.24 $ 148 $ 12,000
*Includes Mileage (IRS Rate), Meals, and Misc. Expenses not covered in Overhead expenses
APPENDIX B
TIMETABLE
The Commission agrees to complete this contract and indicated program objectives according to the following
timetable and as contained on Attachment C in the contract between the State of Wisconsin Department of
Commerce and the City of Oshkosh, Winnebago County, Wisconsin; said timetable can be modified based on
Section V of this contract, and/or modifications to the contract between COMMERCE and the City.
ON OR BEFORE ACCOMPLISHMENTS
December 31, 2010 Set up files according to COMMERCE guidelines.
Establish financial management system and accounts, as needed.
Comply with the procedures outlined in the CDBG -EAP Procedures Handbook.
Conduct second public hearing.
Submit public hearing notice, date of hearing, and public hearing minutes or Citizen
Participation Certificate.
Complete the Fair Housing actions.
Arrange for audit, if necessary.
Submit Beneficiaries Data and Accomplishments Reports.
January 15, 2011 Submit audit - scheduling letter to COMMERCE.
March 31, 2011 Submit Beneficiaries Data and Accomplishments Reports.
June 30, 2011 Complete Environmental Review.
Report date of bid advertising and bid opening.
Submit project Notice of Contract Award and project start date.
Submit project schedule, bid summary, and project costs.
Request Federal and State wage rates, as needed.
Submit Wage Decision documentation and Labor Standard Contract Officer Designee
form.
Submit Beneficiaries Data and Accomplishments Reports.
September 30, 2011 Submit Beneficiaries Data and Accomplishments Reports.
October 7, 2011 Submit Semi - Annual Labor Standards Enforcement Report.
December 31, 2011 Submit Beneficiaries Data and Accomplishments Reports.
Arrange for audit, if necessary.
January 15, 2012 Submit audit - scheduling letter to COMMERCE.
March 31, 2012 Submit Beneficiaries Data and Accomplishments Reports.
April 7, 2012 Submit Semi - Annual Labor Standards Enforcement Report.
June 30, 2012 Submit Semi - Annual Labor Standards Enforcement Report.
September 30, 2012 Complete and submit closeout report and submit to COMMERCE.
Complete and submit Beneficiaries Data and Accomplishments Reports, and submit to
COMMERCE.
Complete and submit Final Labor Standards Compliance Report.
RESOLUTION NO. 33 -10
AUTHORIZING THE COMMISSION TO ENTER INTO A CONTRACT FOR
PROFESSIONAL SERVICES BETWEEN THE EAST CENTRAL WISCONSIN REGIONAL
PLANNING COMMISSION AND CITY OF OSHKOSH, WISCONSIN
WITNESSETH: That City of Oshkosh is a participating member of the Commission by virtue of
Winnebago County's membership in good standing; and
WHEREAS, City of Oshkosh has requested the Commission to provide grant administration for
the City's awarded Wisconsin Department of Commerce, Community Development Block Grant
— Emergency Assistance Program (CDBG -EAP); and,
WHEREAS, The Commission has professional staff qualified to undertake such work; and
WHEREAS, the character of the services to be performed by the Commission hereunder are
consonant with the powers it possesses and the duties and functions it is created to perform
under Wisconsin Statutes Section 66.0309; and
WHEREAS, the attached contract, and scope of services /timetable (Contract Appendix A and
B) is made part of this Resolution,
NOW THEREFORE BE IT RESOLVED BY THE EAST CENTRAL WISCONSIN REGIONAL
PLANNING COMMISSION:
SECTION 1. That the Commission will perform the services enumerated in the
attached Contract, Scope of Services and Timetable for the consideration set forth.
SECTION 2. That the Commission will abide by all provisions assignable to contractor
under the terms and conditions of the Contract, Scope of Services and Timetable.
Effective Date: October 29, 2010
Submitted By: Economic Development Committee
Prepared By: Kathy Thunes, Principal Community Development Planner
Ken Capelle, Chair
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NOV 15 2010 am
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