HomeMy WebLinkAboutNeighborhood Housing Services of Southeast Wisconsin AGREEMENT
BETWEEN
CITY OF OSHKOSH
AND
NEIGHBORHOOD HOUSING SERVICES OF SOUTHEAST WISCONSIN, INC.
January 1, 2011 — December 31, 2011
THIS AGREEMENT is between the City of Oshkosh, herein referred to as "CITY," and Neighborhood
Housing Services of Southeast Wisconsin, Inc, dba NeighborWorks, herein referred to as "NW ".
The 2005 City of Oshkosh Comprehensive Plan identified the need to undertake programming to
improve older residential areas. NW has extensive experience in developing, funding and
implementing various neighborhood improvement activities including neighborhood organizing,
housing rehabilitation and various types of training related to homeownership and a history of
successful collaboration with units of local governmental and other non - profit agencies.
The purpose of this Agreement is to describe the relationship between the CITY and NW in
implementing various neighborhood improvement projects and programs.
I. CITY RESPONSIBILITIES
A. Provide funding for administrative costs related to contracted services provided to the
CITY and for projects and programs specified by the CITY on an annual basis.
B. Provide, at the City's discretion, affordable property suitable for rehabilitation or new
construction.
C. Provide technical support in the form of lead paint testing and clearance, zoning and
land use information.
D. Develop plans for specific neighborhood initiatives as part of the Great Neighborhoods
Program.
E. Assist NW in obtaining funding from other sources to carry out work program.
F. Provide $100,000 (one hundred thousand dollars) in CDBG funds for agreed upon work
to be undertaken from January 1, 2011 through December 31, 2011. This Agreement
may be extended for additional one year terms based on the availability of funding and
the inclusion of the activity in the City's Annual CDBG Action Plan as approved by HUD.
G. Obtain approval from the Department of Housing and Urban Development (HUD) to
designate NW as a Community Development Based Organization (CDBO) or its
equivalent.
(I. NEIGHBORWORKS RESPONSIBILITIES
A. Carry out programs and projects specified by the CITY on an annual basis, including
but not limited to, neighborhood revitalization, community building, lending, homebuyer
education, housing rehabilitation, acquisition and disposition of property and
establishment of neighborhood organizations.
NeighborWorks Agreement 2011
B. Establish effective working relationships with appropriate local agencies.
C. Seek funding from other local, state and federal government sources as well as
foundations and businesses to carry out activities consistent with CITY plans and
priorities.
D. Hire staff to implement activities.
E. Maintain an office with regular office hours in the city of Oshkosh.
F. Develop and launch a web site exclusively for NeighborWorks projects and activities in
Oshkosh.
G. Participate in the development of CITY plans for neighborhood improvement.
H. Provide proof of appropriate insurance coverage.
I. Provide all necessary information to the CITY or HUD necessary to designate NW as a
CDBO or its equivalent.
III. REPORTING REQUIREMENTS /RECORDS
A. NW will provide a quarterly report with information on accomplishments, expenditures
and revenues and progress on ongoing activities. Quarterly reports are to be submitted
to the Department of Community Development within 30 days of the end of each
quarter commencing in April 2011.
B. NW agrees to provide access to CITY staff, books, documents, papers, and records
which are directly pertinent to this Agreement for the purposes of making audit,
examination, excerpts, and transcriptions and to fulfill any requirements associated with
funding provided by the CITY.
IV. SUSPENSION AND TERMINATION
A. 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 NW has failed to
comply with the conditions of this Agreement. The City shall promptly notify NW in writing
of the determination and the reasons for the termination, together with the effective date.
B. TERMINATION FOR CONVENIENCE: This Agreement may be terminated without cause
upon thirty (30) days notice to the other party to this Agreement. NW shall not incur new
obligations and shall cancel as many outstanding obligations as possible. The City shall
allow full credit to NW for any noncancellable obligations properly incurred prior to
termination.
V. AMENDMENTS
The Agreement may be amended at any time by a written modification mutually agreeable to
both parties hereto.
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NeighborWorks Agreement 2011
Dated this . day of , P,( , 2010.
NEIGHBORHOOD HOUSING
SERVICES OF SOUTHEAST WISCONSIN, INC. CITY OF OSHKOSH
e 4--- )4 DOMENICK MARTINELLI MAR OHLOFF
EXECUTIVE DIRECTOR c CITY MANAGER
V-0,W I Ovi\tso, ,
' ) ' 1 i Ab . ', (
ROBERT ANDERSON PAMELA R. UBRIG
BOARD CHAIRPERSON CITY CLERK
APPROVED AS TO FUNDING
AVAILABILITY: sef4,20
PE G.��1' /4 NO
FINANCE DIRECTOR
APPROVED AS TO FORM:
LY L RENSOM ... -_:
CITY A TORNEY
Neighborhood Housing Services of Southeast Wisconsin, Inc.
F2011 Estimated Cash
Budget
January 1, 2011 through December 31, 2011
Expansion
DESCRIPTION OSHKOSH
Grant/NWA 12,500
Grant/In -kind Property 100,000
Grant/CDBG 100,000
Contributions 50,000
TI. Sources of Funds 262,500
Salaries 50,000
Payroll Tax 3,825
Payroll Service Fees 450
Health Insurance 21,600
Retirement Set -aside 2,500
Staff Ed., Training, Seminar 750
Rent (9 months @ $750) 8,100
Telephone 2,400
Postage 600
Computer Equip /Supplies 2,500
Copier Lease & Office Supplies 3,600
Printing 1,000
Audit Fees 2,500
Legal Fees 750
HBE Instructor, Materials, Web 2,400
Other Professional Services 30,000
Meeting Expense 600
Advertising 5,000
Business Devl. /Events 1,500
Coml Package Insurance 6,000
Utilities 2,400
Snow Removal & Lawn care 500
Property Maintenance 1,000
Property Taxes 1,500
Janitorial Expense 600
Total Expenditures 152,075
Sources Less Exp. 110,425
Capital Investment (3 properties) (230,000)
NHS Loan Portfolio 0
Cash /Property Sales (2 properties) 200,000
Ti. Other Uses of Cash (30,000)
Net Cash 80,425
AGREEMENT
THIS AGREEMENT is between the City of Oshkosh, a Wisconsin municipal corporation, herein referred to as "CITY" and
Neighborhood Housing Services of Southeast Wisconsin, inc. dba NeighborWorks, 1700 Mead Street, Racine, WI 53403, 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 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) Carry out programs and projects specified by the City on an annual basis including, but not limited to
neighborhood revitalization, community building, lending, homeowner education, housing
rehabilitation and development, acquisition and disposition of property and establishment of
neighborhood organizations.
(2) Establish effective working relationships with appropriate local agencies.
(3) Seek funding to leverage CDBG funds from other Local, state and federal govemment sources as well
as foundations and businesses to carry out activities consistent with CITY plans and priorities.
(4) Hire staff and maintain an office with regular office hours in the city of Oshkosh.
(5) Develop and launch a web site exclusively for NeighborWorks projects and activities in Oshkosh.
(6) Participate in the development of City plans for neighborhood improvement consistent with City Plans
as well the 2010 -2014 CDBG Consolidated Plan and the 2010 -2011 CDBG Action Plan.
(7) Provide proof of appropriate insurance coverage.
(8) Certify to the City of Oshkosh that the subrecipient meets the requirements specified in Section C of
Subpart C, 570.204 Special Activities by Community-based Development Organizations (CDBO).
(9) Develop and maintain a monitoring system with staff from the City of Oshkosh Department of
Community Development, to include quarterly reports of funded projects and an annual review to
assess agency performance and compliance with program regulations. Performance reports will be
submitted to the City no less than quarterly.
B. The City shall:
(1) Obtain approval of the City of Oshkosh 2010 -2011 CDBG Action Plan from the U. S. Department of
Housing and Urban Development.
(2) Provide funding for administrative costs related to contracted services provided to the City and for
projects and programs specified by the City on an annual basis.
(3) Provide access to affordable property suitable for rehabilitation or new construction.
(4) Provide technical support in the form of lead paint testing and clearance, zoning and land use
information.
(5) Develop plans for specific neighborhood initiatives as part of the Great Neighborhoods Program.
(6) Assist subrecipient in obtaining funding from other sources to carry out work program.
C. This contract for services shall commence on or about January 1, 2011 and shall be completed by April 30,
2011.
D. 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).
I11. REPORTING REQUIREMENTS /RECORDS
A. The subrecipient shall provide quarterly reports to the City of Oshkosh within 30 days of the end of each
quarter commencing April 2011. Additionally, a final report shall include both the last quarter as well as a
yearly summary of activities along with accomplishments. The reports 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
(4) Number of low /mod income persons assisted
(5) Number of 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 ten 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 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 subrecipient
may use program income for activities specified in this agreement. 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 of the 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 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.
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 (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.
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 ONE HUNDRED THOUSAND DOLLARS ($100,000.00).
B. Method of Payment
Funds will be released 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 of 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 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 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 settlement Agreement.
VI. REVERSION OF ASSETS
The subrecipient agrees to transfer back to the City any CDBG funds and accounts receivable attributable to the use of
CDBG funds on hand at time of expiration of this Agreement. The subrecipient further agrees that any real property
under the subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of
$25,000 is either:
A. Used to meet one 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 Tess 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.
4, ,Jn
This Agreement is made this�l day of PLQQ,e e 4- L, 2-t) , 2010, and is specifically binding upon the parties hereto.
NEIGHBORHOOD HOUSING
SERVICES OF SOUTHEAST WISCONSIN, INC. CITY OF OSHKOSH
D,i.,,I
DOMENICK MARTINELLI MARK OHLOFF
EXECUTIVE DIRECTOR CITY MANAGER
‘ Q\-15-1 1 4It. r jwyl A jk 440. Robert Anderson PAM LA R :RIG
BOARD CHAIRPERSON CITY CLERK
APPROVED AS TO FUNDING
AV ILABILITY:
PEGG� Y 0
FINANCE DIRECTOR
APPBQVED AS TO FOR
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LYN LAORENSON
CITY ATTORNEY