HomeMy WebLinkAboutCDBG Emergency Assistance Program P. 0. Box 7970
commerce.wl.gov Madison, Wisconsin 53707
(608) 266 -1018
TTY: Contad Through Relay
ti s c o n s i n Jim Doyle, Govemor
Department of Commerce Aaron Diver, Secretary
November 4, 2010
Mr. Mark Rohloff, City Manager
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54901
RE: City of Oshkosh
Community Development Block Grant
Emergency Assistance Program
Contract #EAP 08 -44
Dear Mr. Rohloff:
Enclosed is one original copy of the signed and executed CDBG -EAP Contract 08 -44.
We are pleased to be assisting Oshkosh with this flood recovery and mitigation project.
Please contact me (phone: 608 - 264 -6158; email MarkB.Williams(c�Wisconsin.gov) if you have
any questions about the contract.
Sincerely,
R AJA. r&. 6.),d-GAIA ---
Mark B. Williams, P.E.
Flood Recovery Specialist
Division of Housing and Community Development
cc: James Rabe, Engineer City of Oshkosh
Kara Homan, East Central Regional Planning Commission
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Performance Period: 05/18/2010 thru 09/30/2012
Award Amount: $ 1,000,000
COMMUNITY DEVELOPMENT BLOCK GRANT
EMERGENCY ASSISTANCE PROGRAM CONTRACT
BETWEEN
THE STATE OF WISCONSIN DEPARTMENT OF COMMERCE
AND
THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
CONTRACT CDBG -EAP #08-44
THIS CONTRACT is made and entered into by and between the State of Wisconsin Department of
Commerce, hereinafter referred to as the "Department," and the City of Oshkosh, hereinafter referred to
as the "Grantee." This Contract is effective as of May 18, 2010, and after signature of all parties.
WHEREAS, the Department administers the Community Development Block Grant — Emergency
Assistance Program (CDBG -EAP), hereinafter referred to as the "Program," through the Division of
Housing and Community Development to provide funds for eligible activities; and
WHEREAS, the Grantee has submitted an application for the identified Program; and
WHEREAS, this Contract is a mutually exclusive contract and is distinguished from all previous contracts
between the Grantee and the Department and contains the entire understanding between the parties; and
it is the intention of the parties to this Contract that all activities described herein shall be for their mutual
benefit; and
WHEREAS, the terms and conditions herein shall survive the performance period and shall continue in full
force and effect until the Grantee has completed and is in compliance with all the requirements of this
Contract; and
WHEREAS, pursuant to Section 560.9804 (1), Wis. Stats., the Department is authorized to enter into an
agreement with an agent designated under Section 560.9804 (2), Wis. Stats., to allow the agent to do one
or more of the activities identified in Section 560.9804 (1), Wis. Stats., as may be further limited under the
terms of this agreement;
NOW, THEREFORE, in consideration of the mutual promises and dependent documents, the parties
hereto agree as set forth in Sections 1 and 2 below, Articles 1 through 35, and ATTACHMENTS A through
G which are annexed and made a part hereof.
SECTION 1: The Department, on reliance upon the representations set forth in the Application, has
approved an award in the amount of $1,000,000 for eligible activities and will provide said
funds to the Grantee consistent with the terms of this Contract and the Grantee's
compliance with the conditions of this Contract; and
SECTION 2: The Grantee shall and will comply fully and completely with all provisions of this Contract in
order to be eligible for the funds awarded under this Contract and to be in compliance with
all provisions of this Contract.
STATE OF WISCONSIN CITY OF OSHKOSH
DEPARTMENT OMMERCE
Bf`.,_-- - cJJ C. � �, By:
James O'Keefe 7 Mar k Rohloff
Title: Director, Divisio orr' f Housing and Title: City Manager
Community Development
Date: ////// 0 Date: (0 — ZZ — /D
GENERAL TERMS AND CONDITIONS
ARTICLE 1. REVIEW
Liaison with the Department shall be through the Administrator of the Division of Housing and Community
Development or person designated by the Administrator, who shall represent the Departments interest in
review of quality, quantity, rate of progress, timeliness of services, and related considerations as outlined in
this Agreement.
ARTICLE 2. APPLICABLE LAW
This Agreement shall be governed under the laws of the State of Wisconsin and the United States. Where
applicable, the Grantee shall comply with local laws and ordinances.
ARTICLE 3. IDENTIFICATION AND AVAILABILITY OF FUNDS
The source of program funding for this Agreement is described in the ATTACHMENTS.
Continuation of this Agreement beyond the limits of funds available shall be contingent upon appropriation
of the necessary funds. Termination of this Agreement for lack of appropriations shall be without penalty.
ARTICLE 4. SURVIVAL OF REQUIREMENTS
Unless otherwise authorized in writing by the Department, the terms and conditions of this Agreement shall
survive the performance period and shall continue in full force and effect until the Grantee has completed
and is in compliance with all the requirements of this Agreement.
ARTICLE 5. PERIOD OF PERFORMANCE AND NOTICES
Except for Survival Requirements (ARTICLE 4), the Performance Period is the term of this Agreement. The
Period of Performance under this Agreement is as defined in the ATTACHMENTS.
All notices, demands, or requests under this Agreement shall be in writing to the addresses listed in
the ATTACHMENTS.
ARTICLE 6. OBJECTIVES /SCOPE OF WORK
The eligible activities under this Agreement are summarized in the ATTACHMENTS. In the event of a
conflict between the summary in the ATTACHMENTS and the application and/or other supporting
documents previously submitted to the Department by the Grantee, the ATTACHMENTS shall control.
The Grantee shall supply all necessary personnel, equipment, and materials (except as may be otherwise
provided herein) to accomplish the eligible activities set forth in the ATTACHMENTS. The Grantee shall
provide the services in accordance with applicable professional standards.
ARTICLE 7. SUBCONTRACTS /ASSIGNMENTS
The Grantee shall not assign or subcontract all or any part of the administrative work under this Agreement
without prior written notification to the Department. The Department reserves the right to reject any
subgrantee after notification. The Grantee must provide the Department with a copy of any executed
subcontract or accepted subgrantee bid for the purpose of administering this Agreement that relates to
activities funded under this Agreement. The Grantee shall be responsible for all matters involving any
subgrantee engaged under this Agreement, including Agreement compliance, performance, and dispute
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resolution between itself and a subgrantee. The Department bears no responsibility for subgrantee
compliance, performance, or dispute resolution hereunder.
ARTICLE 8. REPORTING
The Grantee shall submit all required reports to the Department in a complete and timely manner according
to the schedule set forth in the ATTACHMENTS, and shall comply with all other applicable regulations.
ARTICLE 9. FAILURE TO PERFORM
The Department reserves the right to suspend payment of funds, in whole or part, if any required report is
not timely provided to the Department upon request or as required under any provision of this Agreement,
or if the Grantee has not complied with the terms of this Agreement. The Department further reserves the
right to suspend payment of funds under this Agreement if there are deficiencies related to the required
reports or if performance of contracted activities is not evidenced on other Agreements between the
Department and the Grantee in whole or in part.
The Grantee's management and financial capability including, but not limited to, audit results and
performance, may be taken into consideration in any or all future determinations by the Department and
may be a factor in a decision to withhold payment and may be cause for termination of this Agreement.
ARTICLE 10. TERMINATION OF AGREEMENT FOR CAUSE
The Department reserves the right to terminate this Agreement in whole or in part without penalty effective
upon mailing of notice of cancellation for failure of the Grantee to comply with the terms and conditions of
this Agreement.
ARTICLE 11. TERMINATION OF AGREEMENT
Notwithstanding and in addition to the right to terminate the Agreement in Article 10 above, the Department
may terminate this Agreement at any time at its discretion by delivering written notice to the Grantee by
Certified Mail, Return Receipt Requested, not less than thirty (30) days prior to the effective date of
termination. Date of receipt as indicated on the Return Receipt shall be the effective date of notice of
termination. Upon termination, the Department's liability shall be limited to the actual costs incurred in
carrying out the project as of the date of termination plus any termination expenses having prior written
approval of the Department. The Grantee may terminate this Agreement by delivering written notice to the
Department by Certified Mail, Return Receipt Requested, not less than thirty (30) days prior to termination.
Date of receipt as indicated on the Return Receipt shall be the effective date of notice of termination. In the
event the Agreement is terminated by either party, for any reason whatsoever, the Grantee shall refund to
the Department within forty -five (45) days of the effective date of notice of termination any payment made by
the Department to the Grantee which exceeds actual costs incurred in carrying out the project as of the date
of termination.
ARTICLE 12. LEGAL RELATIONS AND INDEMNIFICATION
The Grantee shall at all times comply with and observe all applicable federal and state laws, ordinances,
and regulations which are in effect during the performance period of this Agreement and which in any
manner affect the Grantee's work or conduct.
The Grantee shall indemnify and hold harmless the State and all of its officers, agents, and employees for
all suits, actions, or claims of any character brought for or as a result of any injuries or damages received by
any persons or property resulting from the operations of the Grantee, or any of its subgrantees, in
prosecuting work under this Agreement. If Grantee is a federally recognized American Indian Tribe or
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Band, or an Authority, this Article shall not be construed as a waiver of tribal sovereign immunity and local
ordinances or regulations may not apply.
ARTICLE 13. CAPTIONS AND TERMS
The captions used in this Agreement are inserted only as a matter of convenience and for reference and in
no way define, limit, or describe the scope or intent of this Agreement. Terms used but not specifically
defined herein shall have the meaning defined by the Department.
ARTICLE 14. PARTIAL INVALIDITY OF AGREEMENT
Should any part, term, or provision of this Agreement be decided by a court of competent jurisdiction to be
invalid, unenforceable, illegal, or in conflict with any law, the validity, legality, and enforceability of the
remaining portions shall not be affected or impaired.
ARTICLE 15. AMENDMENT
Any amendment to this Agreement is at the discretion of the Department and must be by written
amendment to this Agreement between the Department and the Grantee.
ARTICLE 16. SPECIAL CONDITIONS
Special Conditions incorporated as part of this Agreement are described in the ATTACHMENTS.
FISCAL TERMS AND CONDITIONS
ARTICLE 17. METHOD OF PAYMENT
Payments are to be used exclusively for expenses incurred during the Performance Period of this
Agreement. Payments under this Agreement shall be made according to the schedule incorporated as part
of this Agreement as the ATTACHMENTS.
Request for final payment of any and all funds awarded by this Agreement, including project and
administrative funds, must be received by the Department or other appropriate governmental agency or
entity within 60 days of the end of the Performance Period or termination of this Agreement unless
otherwise specifically provided for in the ATTACHMENTS.
Costs incurred prior to the effective date of the Agreement whether or not they would have been allowable
hereunder if incurred after such date are only allowable if specifically provided for in the ATTACHMENTS.
ARTICLE 18. VARIANCES
Variances may be permitted as set forth in the ATTACHMENTS. A variance shall not be used to authorize
a revision of the amount awarded or a change in the performance period. Such changes must be made by
an amendment to this Agreement.
ARTICLE 19. REIMBURSEMENT OF FUNDS
The Grantee shall return to the Department or other appropriate governmental agency or entity any funds
paid to the Grantee in excess of the allowable costs of services provided under this Agreement. If the
Grantee fails to return excess funds, the Department may deduct the appropriate amount from subsequent
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payments due to the Grantee from the Department. The Department also reserves the right to recover
such funds by any other legal means including litigation if necessary.
The Grantee shall be responsible for reimbursement to the Department for any disbursed funds, which are
determined by the Department to have been misused or misappropriated. The Department may also
require reimbursement of funds if the Department determines that any provision of this Agreement has
been violated. Any reimbursement of funds which is required by the Department, with or without
termination, shall be due within forty -five (45) days after giving written notice to the Grantee.
ARTICLE 20. LIMITED USE OF PROGRAM FUNDS
This Agreement is a mutually exclusive Agreement. The Grantee shall not apply funds authorized pursuant
to other agreements under this Program toward the activities for which funding is authorized by this
Agreement, nor shall funding authorized by this Agreement be used toward the activities authorized
pursuant to other agreements under the Program. The word "funds" as used in this Article does not include
Program Income.
ARTICLE 21. PROGRAM INCOME
Program Income means gross income received by the Grantee which is directly generated from the use of
the Agreement award, including but not limited to repayments of funds that had been previously provided to
eligible beneficiaries; interest earned on any or all contracted funds obtained from the Department;
proceeds derived after Agreement close -out from the disposition of real property acquired with any or all
funds provided under this Agreement or interest earned on Program Income pending its disposition.
Program Income may be further described in the ATTACHMENTS.
The Grantee shall record all Program Income which shall be used in accordance with the rules and
regulations of the Program funding source described in the ATTACHMENTS. If at any time changes in the
use of Program Income are considered, the Grantee must submit a plan detailing the proposed uses of
Program Income to the Department for approval. Should the Grantee decide following Agreement close out
to discontinue using Program Income for such purposes, the Grantee further agrees to return the Program
Income balance and any additional Program Income accrued to the Department by January 31 of the
following year.
ARTICLE 22. FINANCIAL MANAGEMENT
The Grantee shall maintain a financial management system which complies with the rules and regulations
required by the Program funding source described in the ATTACHMENTS and with standards established
by the Department to assure funds are spent in accordance with law and to assure that accounting records
for funds received under this Agreement are sufficiently segregated from other Agreements, programs,
and/or projects.
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ADMINISTRATIVE TERMS AND CONDITIONS
ARTICLE 23. PROCUREMENT
The Grantee shall conduct all procurement transactions, regardless of whether by sealed bids or by
negotiation and without regard to dollar value of the transactions, in a manner that provides maximum open
and free competition.
ARTICLE 24. CONFLICT OF INTEREST
No person who is an employee, agent, consultant or officer of the Grantee, or an elected or appointed
official, and who exercises or has exercised any functions or responsibilities with respect to activities
supported by and described in this Agreement, or who is in a position to participate in a decision making
process or gain inside information with regard to such activities, may obtain a personal or financial interest
or benefit from the activity, or have an interest in any Agreement, subcontract, or Agreement with respect
thereto or the proceeds thereunder, either for themselves or those with whom they have family or business
ties, during their tenure. Receipt of earnings from the Grantee by employees of the Grantee shall not be
considered a conflict of interest, but otherwise employees of the Grantee shall be fully bound by the
requirements of this Article. Upon request, the Department can make exceptions to this requirement after
full disclosure and where the Department determines, in consultation with federal agencies if necessary,
that such exception is in the best interests of the State and is not contrary to state or federal laws.
ARTICLE 25. BONDING AND INSURANCE
Unless authorized otherwise by the Department, the Grantee shall provide either insurance, fidelity, or
surety bonds in amounts sufficient, in the opinion of the Department, to safeguard Agreement funds and
activities undertaken with Agreement funds and program income expended under this Agreement.
The Grantee shall establish and maintain in a state or federally insured financial institution an account for
the purpose of receiving and disbursing all funds pertaining to this Agreement.
ARTICLE 26. PUBLICATIONS
The Department shall retain ownership of all materials produced under this Agreement. The Department
grants to the Grantee royalty-free, non - exclusive, and irrevocable license to reproduce, publish, otherwise
use, or authorize others to use such printed materials. All printed materials funded in whole or in part under
this Agreement must contain the following statement.
"This publication and/or the activities described herein were funded by the
State of Wisconsin, Department of Commerce, Division of Housing and Community Development."
ARTICLE 27. RECORD KEEPING AND CONFIDENTIALITY
The Grantee shall establish a record keeping system that conforms to the rules and regulations required by
the Program funding source described in the ATTACHMENTS and/or to standards established by the
Department to assure that the Agreement is in compliance with all applicable regulations. The system shall
provide an historic account of Agreement activities for examination and review by anyone authorized by the
Department. Records shall be maintained after final audit of the Agreement for a period of not less than
three (3) years unless the program requirements are longer.
The minimum acceptable records for administrative purposes of this Agreement consist of:
1) Documentation of employee time;
2) Documentation of all materials, supplies, and travel expenses;
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3) Inventory records and supporting documents for allowable equipment purchased to carry out the
scope of work of the project;
4) Documentation and justification of the methodology used for any in -kind contributions;
5) Justification supporting allocation of space charges or other indirect cost allocation methods; and
6) Any other records which support charges incurred.
The Grantee shall maintain sufficient segregation of accounting records for this Agreement separate from
other Agreements, projects, and programs.
Except as required by the Department, disclosure by the Grantee of any information concerning
beneficiaries who receive services from the Grantee is prohibited. The Grantee is responsible for obtaining
all necessary, informed, written consent of the beneficiaries or the beneficiaries' legal guardians when the
beneficiaries apply to the Grantee so that this Agreement can be properly administered by the Grantee and
audited by the Department.
ARTICLE 28. EXAMINATION OF RECORDS
Documents related to this Agreement shall be made available for review by the Department during normal
business hours.
The Department shall have access to all records related to this Agreement at any time during normal
business hours, and shall have the right to examine, audit, excerpt, transcribe and copy on the Grantee's
premises any directly pertinent records, in whatever form, relating to this Agreement. If the material is on
electronic media, the Grantee shall provide copies in such form as may be requested by the Department.
Such material must be retained after final audit of the Agreement for a period of not less than three (3)
years unless the program requirements are longer. This provision shall also apply in the event of
termination of this Agreement.
ARTICLE 29. AUDIT REQUIREMENTS
The Grantee shall have a certified annual audit performed utilizing Generally Accepted Accounting
Principles and Generally Accepted Auditing Standards. The following requirements apply:
NOTE: The funding source (federal or state) of this grant is identified in the ATTACHMENTS.
Federal Funded Awards:
Governmental Grantees, or their assignees, including Non - Profit and For - Profit assignees, that expend
$500,000 or more in a single year from awards which funding originated from Federal Government sources
shall comply with the Single Audit Act of 1984 (including the Single Audit Act Amendments of 1996), OMB
Circular A -133, and the State Single Audit Guidelines issued by the Department. Audit reports are due to
the State within thirty (30) days from issuance of the report, but no later than nine (9) months after the end
of the audit period.
Non - Profit Grantees, or their assignees, that expend $500,000 or more in a single year from awards
which funding originated from Federal Government sources shall comply with the Single Audit Act of 1984
(including the Single Audit Act Amendments of 1996) and OMB Circular A -133. In addition, a separate
footnote or schedule shall be included listing all awards which funding originated from State Government
sources and the total cash expended under each of those awards for the year under audit. Audit reports
are due to the State within thirty (30) days from issuance of the report, but no later than nine (9) months
after the end of the audit period.
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For - Profit Grantees, or their assignees, that expend $500,000 or more in a single year from awards which
funding originated from Federal Government sources shall have a certified annual audit performed utilizing
Generally Accepted Accounting Principles, Generally Accepted Auditing Standards and Government
Auditing Standards. In addition, a separate footnote or schedule shall be included listing all awards which
funding originated from Federal Government sources and the total cash expended under each of those
awards for the year under audit. Audit reports are due to the State within thirty (30) days from issuance of
the report, but no later than nine (9) months after the end of the audit period.
One (1) copy of the Audit along with the Management Letter shall be submitted to the address listed below.
Responses and corrective action to be taken by management must be included for any findings or
comments issued by the auditor.
If the combined total expended from all funding originating from Federal Government sources is less than
$500,000 in a single year, the Grantee, or its assignee, shall confirm in writing that the above audit
requirements are not applicable. This confirmation shall be submitted to the address listed below.
State Funded Awards:
NOTE: If an audit is required under OMB Circular A -133 as described above, then this
section does not apply, as State Funded Awards shall already be included in that audit.
Governmental, Non- Profit, and For - Profit Grantees, or their assignees, that expend $100,000 or more in
a single year from awards which funding originated from Federal Government sources shall have a certified
annual audit performed utilizing Generally Accepted Accounting Principles, Generally Accepted Auditing
Standards and Government Auditing Standards. In addition, a separate footnote or schedule shall be
included listing all awards which funding originated from Federal Government sources and the total cash
expended under each of those awards for the year under audit. Audit reports are due to the State within
thirty (30) days from issuance of the report, but no later than nine (9) months after the end of the audit
period.
One (1) copy of the Audit along with the Management Letter shall be submitted to the address listed below.
Responses and corrective action to be taken by management must be included for any findings or
comments issued by the auditor.
If the combined total expended from all funding originating from State Government sources is less than
$100,000 in a single year, the Grantee, or its assignee, shall confirm in writing that the above audit
requirements are not applicable. This confirmation shall be submitted to the address listed below.
Submit To:
Send one copy of the Audit and Management Letter or the letter confirming that the audit requirements are
not applicable to:
Federal Auditor
Wisconsin Department of Commerce
Division of Administrative Services
P.O. Box 7970
Madison, Wisconsin 53707 -7970.
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ASSURANCES
ARTICLE 30. NONDISCRIMINATION AND AFFIRMATIVE ACTION REQUIREMENTS
The Grantee shall comply with s. 16.765, Wis. Stats., as follows:
In connection with the performance of work under this Agreement, the Grantee shall not 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 activities: 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 Grantee shall take affirmative action to ensure equal employment opportunities. The
Grantee shall post in conspicuous places, available for employees and applicants for employment, notices
to be provided by the Contracting officer setting forth the provisions of the nondiscrimination clause.
An Affirmative Action Plan is required from any Grantee who receives an award from the Department in
excess of $25,000 and who has a work force of twenty -five (25) or more employees as of the Agreement
date. Grantees with an annual work force of less than twenty -five (25) employees, in lieu of a written
affirmative action plan, are required to have on file with the Department a completed and signed exemption
form. General purpose units of government and Indian Tribes or Bands or Authorities are exempt from this
requirement.
The Grantee shall include these provisions in any subcontract associated with this Agreement.
ARTICLE 31. DISCLOSURE
If a state public official as defined by s. 19.42, Wis. Stats., or an organization in which a state public official
holds at least a 10% interest is a party to this Agreement, this Agreement is voidable by the State unless
appropriate disclosure is made to the Government Accountability Board, Ethics and Accountability Division.
The Grantee shall not engage the services of any person or persons now employed by the State, including
any department, commission or board thereof, to provide services relating to this Agreement without the
written consent of the employer of such person or persons and of the Department.
ARTICLE 32. FAIR HOUSING
The Grantee shall comply with Title VIII of the Federal Civil Rights Act of 1968 (as amended), and
s. 106.50, Wis. Stats., and any subsequent relevant laws or amendments.
ARTICLE 33. SMALL BUSINESS, WOMEN -OWNED AND MINORITY -OWNED BUSINESSES
The Grantee shall make positive efforts to utilize small business, local business, woman- owned, and
minority -owned business sources of supplies and services. Such efforts should allow these sources the
maximum feasible opportunity to compete for Agreements or subcontracts to be performed utilizing these
funds.
The Grantee shall keep records of the extent (number and dollar amount) of participation by the above -
specified businesses, including owners, and assess the results of its efforts to encourage the use of such
businesses.
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ARTICLE 34. UNIFORM ADMINISTRATIVE REQUIREMENTS
Dependent on the nature of your program, the following U.S. Office of Management and Budget (OMB)
Circulars apply:
Although there are six grant circulars, the Grantee is only covered by three, depending on type of entity as
follows:
States, local governments, and Indian Tribes follow:
• A -87 for cost principles
• A102 for administrative requirements, and
• A -133 for audit requirements
Educational Institutions (even if part of a State or local government) follow:
• A -21 for cost principles
• A -110 for administrative requirements, and
• A -133 for audit requirements
Non - Profit Organizations follow:
• A -122 for cost principles
• A -110 for administrative requirements, and
• A -133 for audit requirements
ARTICLE 35. DEBARRED CONTRACTORS
Federal funds may not be used to directly or indirectly employ, award contracts to or otherwise engage the
services of any contractor or subrecipient during any period of debarment, suspension or placement of
ineligibility status. Grantees must certify that all contractors, subcontractors, lower -tier contractors and
subrecipients are not listed in the federal publication that lists debarred, suspended and ineligible
contractors.
Rev 4/2007
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Contract CDBG -EAP #08-44
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ATTACHMENT A
PROGRAM FUNDING SOURCE
FUNDING SOURCE
The United States Government, through the Housing and Community Development Act of 1974, as
amended, has established a program of Community Development Block Grants (CDBG) and has allowed
each State to elect to administer CDBG funds for its nonentitlement areas, subject to certain conditions.
The funds awarded under this Contract are subject to the continued availability of funding from the U.S.
Department of Housing and Urban Development.
For accounting purposes, the CFDA Numbers for the CDBG- Emergency Assistance Program are 14.219
and 14.228.
PROGRAM IMPLEMENTATION
The Grantee will comply with the CDBG -EAP guidance provided in the most recent edition of the CDBG-
EAP Implementation Handbook. For this contract, Chapters II, IV, V, VI, and VII require immediate
attention.
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Contract CDBG -EAP #08 -44
ATTACHMENT B
PERIOD OF PERFORMANCE AND NOTICES
Use of these funds is limited to the contracted activities and shall be used within the Performance Period.
The Performance Period for this Contract is May 18, 2010 to September 30, 2012.
For purposes of this Contract, the Performance Period stated is the allowable time to carry out the
OBJECTIVES, SCOPE OF WORK and TIMETABLE as described in ATTACHMENT C.
NOTICES
For purposes of this provision, the Grantee shall notify the Department in writing within 10 days of change
in the Grantee's address. All notices, demands or requests under this Contract shall be in writing to the
address listed below:
To the Department: CDBG -EAP
ATTN: Caryn Stone
Division of Housing and Community Development
Department of Commerce
P. O. Box 7970
Madison, WI 53707 -7970
To the Grantee: City Manager
City of Oshkosh
215 Church Avenue
Oshkosh, WI 53901
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Contract CDBG -EAP #08-44
ATTACHMENT C
OBJECTIVES / SCOPE OF WORK AND TIMETABLE
The Grantee agrees to accomplish the following with the funds described in ATTACHMENT F, BUDGET,
of this contract:
1. Up to $994,000 in CDBG -EAP funds from Budget Line H.1 shall be used to assist with the
construction of the James Road Detention Basin. No more than $150,000 in CDBG -EAP funds
from Budget Line H.1 may be used for engineering services related to the design and construction
of the detention Basin.
2. No more than $6,000 in CDBG -EAP funds from Budget Line H.2 shall be used for contract
administration costs.
The Grantee shall maintain a staff sufficient to administer the above -named activities. During the course
of the grant, project files and records will be maintained by the East Central Wisconsin Regional Planning
Commission, 400 Ahnaip Street, Suite 100, Menasha, Wisconsin 54952. Subsequent to completion of the
grant, project files and records shall be transferred to the City of Oshkosh and kept at 215 Church
Avenue, Oshkosh, WI 54901.
The Grantee agrees to complete this contract and indicated program objectives according to the following
schedule:
ON OR BEFORE ACCOMPLISHMENTS
December 31, 2010 - Designate a program administrator.
- Secure administrative services, if needed, and submit procurement
documentation and administrative subcontract to Commerce.
- Set up files according to Department 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 per Attachment G.
- Arrange for audit, if necessary.
- Submit Beneficiaries Data and Accomplishments Reports.
January 15, 2011 - Submit audit - scheduling letter to Department of Commerce.
March 31, 2011 - Initiate Project Design.
- Submit Beneficiaries Data and Accomplishments Reports.
June 30, 2011 - Complete Environmental Review.
- Complete project design.
- Obtain all necessary permits for construction.
- 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 - Initiate construction activities.
- Submit Beneficiaries Data and Accomplishments Reports.
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Contract CDBG -EAP #08-44
ON OR BEFORE ACCOMPLISHMENTS
October 7, 2011 - Submit Semi - Annual Labor Standards Enforcement Report.
December 31, 2011 - Continue construction activities.
- Submit Beneficiaries Data and Accomplishment Reports.
- Arrange for audit, if necessary.
January 15, 2012 - Submit audit - scheduling letter to Department of Commerce.
March 31, 2012 - Continue construction activities.
- Submit Beneficiaries Data and Accomplishment Reports.
April 7, 2012 - Submit Semi - Annual Labor Standards Enforcement Report.
June 30, 2012 - Continue construction activities.
- Submit Beneficiaries Data and Accomplishment Reports.
September 30, 2012 - Complete construction activities.
- Complete closeout report, Beneficiaries Data and
Accomplishments Reports, and Final Labor Standards
Compliance Report and submit to Department of Commerce.
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Contract CDBG -EAP #08 -44
ATTACHMENT D
REPORTING SCHEDULE
The Grantee agrees to submit the following reports as specified by the Department:
BENEFICIARIES DATA and ACCOMPLISHMENTS REPORTS
The Beneficiaries Data and Accomplishments Reports shall be in the form as described in Chapter IV,
Financial Management, of the most recently published CDBG -EAP Implementation Handbook. The
Beneficiaries Data and the Accomplishments Reports shall be based on calendar quarters and due no
later than 10 working days after the end of each calendar quarter. These Reports are due for the calendar
quarter in which the Contract is effective and each subsequent quarter thereafter in the Performance
Period.
CLOSEOUT REPORT
The Grantee shall submit two copies of a Closeout Report to the Department in the form described in
Chapter XI, Program Closeout Report, of the most recently published CDBG -EAP Implementation
Handbook.
ADDITIONAL REPORTS AND INFORMATION
The Department reserves the right to amend and require additional information or reports as needed.
AUDIT SCHEDULING LETTER
The Grantee annually will submit a letter advising the Department whether or not a Single Audit will be
performed. See Chapter XII of the Implementation Handbook.
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Contract CDBG -EAP #08 -44
ATTACHMENT E
METHOD OF PAYMENT
The Grantee is responsible for requisitioning CDBG -EAP funds through the Department, according to the
established CDBG -EAP procedures described in Chapter IV, Financial Management, of the most recently
published CDBG -EAP Implementation Handbook.
The Department is not responsible for Grantee's disbursement of funds to beneficiaries, subcontractors
and/or other creditors.
The following actions must be completed before CDBG -EAP funds for funded activities under this contract
will be released
1. Contract signed by the Grantee's chief elected official, or authorized representative, must be
submitted to Commerce.
2. Completed Depository and Signature Certification forms must be submitted to Commerce.
3. Environmental Review Process must be completed by the grantee and receipt of Environmental
Certification letter must be sent from Commerce.
4. Begin Labor Standards Process, if applicable. For all budget categories subject to Davis -Bacon
wage rates, the request for wage rates (standard form 308) and the Labor Standards Contract
Officer Designee form must be submitted to Commerce prior to approval of the first drawdown for
those budget categories (Administration and Engineering funds are exempt.) Other Labor
Standard forms contain in Chapter VII of the implementation Handbook shall be submitted as
required.
5. Procurement documentation and all subcontracts for administration of this contract must be
submitted to the Department.
6. The date of bid advertising and bid opening must be reported to Commerce.
7. The Notice of Contract Award, project start date, project schedule, bidding summary, and project
costs must be submitted to the Department.
As prescribed on the Depository Certificate and described in Chapter IV of the Implementation Handbook
the grantee shall choose one of the following methods of payment for the activities funded under this
contract:
Method 1: Reimbursement. Under this method, the Grantee will pay for all CDBG -EAP eligible costs
associated with the activities funded under this contract from the Grantee's general account. Periodically,
the Grantee shall request reimbursement of incurred costs. Reimbursement payment by Commerce will
be made to the Grantee's general fund.
Method 2: Request -in- Advance. Under this method, the Grantee will use CDBG -EAP funds to make
direct payment for activities funded under this contract. To use this method, the Grantee shall establish a
non - interest bearing Grant Account to which Commerce payment will be made and from which the
Grantee will make direct payments. (CDBG -EAP funds must be requested as to minimize the number of
days the funds are held in the Grantee's Grant Account; payments from the Grant Account must be made
within 3 working days of the deposit of the requested funds.)
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Contract CDBG -EAP #08 -44
ATTACHMENT F
BUDGET
The Grantee agrees to spend its CDBG -EAP funds in the following amounts and for the purposes
indicated below:
H.1. James Road Detention Basin $994,000
H.2 Administration $ 6,000
TOTAL PROGRAM BUDGET $1,000,000
This budget may be amended as described in Article 15 of this contract.
•
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Contract CDBG -EAP #08-44
ATTACHMENT G
SPECIAL CONDITIONS
The Grantee shall comply with the Special Conditions as follows:
1. The Grantee agrees to follow policies and procedures of the Department's CDBG -EAP
Procedures Handbook and 24 CRF 570, and any subsequent amendments or changes.
2. The Grantee understands the Department has discretion to establish and revise the policies and
procedures necessary to administer the CDBG -EAP.
3. Any program income earned from the CDBG -EAP funds will be returned to the State. Program
income means gross income received by the Grantee which is directly generated from the use of
grant funds, including but not limited to repayments of funds that had been previously provided to
eligible households; interest earned on program funds obtained from the State after initial
disbursement; proceeds derived after the grant closeout from the disposition of real property
acquired with CDBG -EAP funds, or interest earned on program income pending its disbursal.
4. CDBG -EAP funds may not be used to pay costs eligible for or previously paid by other funding
sources (e.g., personal insurance, federal programs, state programs, and other public or
charitable assistance.) The Grantee shall verify that there is no Duplication of Benefits by
identifying all other sources of funding received by an applicant for CDBG -EAP assistance.
5. During the course of this contract, the Grantee will affirmatively further Fair Housing by displaying
a fair housing poster or providing fair housing information at an appropriate public place.
6. The Grantee understands that the Department will not entertain a request for a contract
amendment within 30 days of the end of this contract.
7. The Department reserves the right to reduce or rescind these funds if, within 120 days of the
award date, progress in implementing the funded activities is substantially less than that
committed to in this contract.
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