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HomeMy WebLinkAboutOshkosh Community Foundation (CDBG) 2011-2012 AGREEMENT THIS AGREEMENT is between the City of Oshkosh, a Wisconsin municipal corporation, herein referred to as"CITY"; Oshkosh Area Community Foundation, 230 Ohio Street, Suite 100, Oshkosh, Wisconsin 54902, a Wisconsin charitable trust, and the Oshkosh Area United Way, 36 Broad Street, Suite 100, Oshkosh, Wisconsin 54901, a Wisconsin non-profit corporation, herein referred to as"SUBRECIPIENTS". 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 subrecipients 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 2011-2012 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 If a portion of the CDBG funds are rescinded by Congress, the contract amount in Article V(A)of this Agreement shall be reduced by the same percentage that is rescinded from the City's 2011-2012 CDBG Program by Congress or HUD, or as determined by the City per applicable HUD regulations. C. The purpose of this agreement is to allow the subrecipients to participate in administrative activities associated with coordinating Public Services Consortium(PSC)funding relative to the implementation of the 2011 CDBG Action Plan, which commences on May 1, 2011 and ends on April 30, 2012. II. SCOPE OF SERVICES A. The subrecipients shall: (1) Oversee a Public Services Consortium(PSC)to include no less than four members,appointed by the City of Oshkosh Department of Community Development,whose purpose is to distribute CDBG funds for public service activities in compliance with guidelines found in 24 CFR Part 570.201 (e). (2) Coordinate the distribution of CDBG public service funds, as part of the PSC,for activities identified in the Priority Community Development Needs section of the City Oshkosh 2010-2014 Consolidated Plan. (3) Develop and maintain a monitoring system with staff from the City of Oshkosh Department of Community Development,which is to include quarterly reports of funded agencies, site visits,and an annual review of funded agencies to assess agency performance and compliance with program regulations. Performance reports will be submitted to the City no less than quarterly. (4) Enter into approved agreements with all public service agencies funded by the PSC using CDBG funds. Agreements will be required to be signed by the subrecipients and designated staff from the City. (5) Revised, as necessary, the application, program materials, program criteria, and a funding timetable that complies with CDBG program regulations found in 24 CFR Part 570. (6) Reimburse or make quarterly payments to public service organizations funded by the PSC upon receipt of proper invoices. B. The City shall: (1) Designate the amount specified in Article V(A) in the City of Oshkosh 2011 CDBG Action Plan for distribution to public service activities by the PSC. (2) Obtain approval of the City of Oshkosh 2011 CDBG Action Plan from the United States Department of Housing and Urban Development. (3) Allocate $89,109 from the City's 2011-2012 CDBG funds to be distributed by the PSC for public service activities in compliance with 24 CFR Part 570.201 (e)and with the priorities identified the City of Oshkosh 2010-2014 Consolidated Plan. (4) Provide technical assistance, training, and program materials to the subrecipients and PSC with regard to applicable CDBG program regulations as needed. (5) Reimburse the subrecipients for payments made to public service organizations funded using CDBG dollars through the PSC in an amount not to exceed $89,109. (6) Reimburse subrecipients for administrative services in a total amount not to exceed $10,000 upon receipt of proper invoices. C. Said services shall commence on or about May 1, 2011 and shall be completed by April 30, 2012. D. The subrecipients certify 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 subrecipients shall provide a set of quarterly reports from each of the Public Service Consortium public service providers to the City on August 30,2011, November 30,2011, February 28,2012,and May 30,2012. 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 subrecipients and shall include,at a minimum, the following information: (1) Amount of CDBG funds disbursed through the PSC and to which organizations (2) Type and amount of services provided (3) Progress towards program goals (outcome statement) Records necessary to substantiate these reports shall be kept on file at the subrecipients' 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 subrecipients 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. 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 four(4)years after completion of the project,or after all pending matters relative to this Agreement are closed. F. The subrecipients agree 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 subrecipients agree 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 subrecipients will make a good faith effort to use minority and women-owned businesses in procurement 2011-2012 City of Oshkosh Community Development Block Grant 2 United Way&OACF of supplies, and upon request of the City, must provide satisfactory evidence of such effort. Additionally,the subrecipients agree 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 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 subrecipients agree 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 subrecipients agree 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 to be Distributed for Public Service Activities The subrecipients shall coordinate the distribution of public service funds through a Public Service Consortium and shall perform all work under this Agreement for an amount not to exceed EIGHTY NINE THOUSAND ONE HUNDRED AND NINE DOLLARS($89,109) or that which is designated for use by public services and approved by HUD in the 2011 Annual Action Plan. B. Administrative Contract Amount The subrecipients will be compensated for administrative expenses associated with performing all work under this Agreement for an amount not to exceed TEN THOUSAND DOLLARS ($10,000). C. Method of Payment Funds will be released upon receipt of proper invoice verifying eligible expenses actually incurred by the subrecipients and approved by the City. VI. SUSPENSION AND TERMINATION A. When the subrecipients have failed to comply with the terms, conditions or standards of this Agreement or applicable HUD regulations,the City may,on reasonable notice to the subrecipients, suspend the Agreement and withhold further payments or prohibit the subrecipients from incurring additional obligations of funds, pending corrective action by subrecipients,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 subrecipients have failed to comply with the 2011-2012 City of Oshkosh Community Development Block Grant 3 United Way&OACF conditions of this Agreement. The City shall promptly notify the subrecipients in writing of the determination and the reasons for the termination,together with the effective date. Payments made to the subrecipients 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 subrecipients are 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 subrecipients are 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 all 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. VII. REVERSION OF ASSETS The subrecipients agree 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 subrecipients further agree that any real property under the subrecipients' 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 subrecipients agree 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. 2011-2012 City of Oshkosh Community Development Block Grant 4 United Way&OACF n�i , 2011, and is specifically binding upon the parties hereto. This Agreement is made this� day of 1001btk, OSHKOSH AREA COMM NITY FOUNDATION CITY OF OSHKOSH EILEEN CON LLY-KEESLER MAR ROHLOFF PRESIDENT AND CEO CITY MANAGER _ t 1. 1 M AI7; Y COGLIANESE PAMELA R. UBRIG CH AI', BOARD OF DIRECTORS CITY CLERK OSHKOSH AREA UNITED WAY APPROVED AS TO FUNDING AVAILABILITY: Scgz3k0d-Lt-te_- P SUSAN M. PANEK PEGGY 4)4/11\g-T EXECUTIVE DIRECTOR FINANCE DIRECTOR A�,� APPR% ED AS TO FO'M: MELISS KOHN PRESIDENT, BOARD OF DIRECTORS 1i A •RENSON�� CITY ATTORNEY 2011-2012 City of Oshkosh Community Development Block Grant 5 United Way&OACF