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HomeMy WebLinkAboutNeighborWorks Oshkosh 2011-2012 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 Oshkosh, 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 If a portion of the CDBG funds are rescinded by Congress, the contract amount in Article V(A) of this Agreement will be reduced by the same percentage that is rescinded from the City's 2011-2012 CDBG Program by Congress or HUD, or as determined by the City in accordance with applicable HUD regulations.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 government 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 2011-2012 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 2011-2012 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 May 1,2011 and shall be completed by April 30,2012. 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). III. REPORTING REQUIREMENTS/RECORDS A. The subrecipient shall provide quarterly reports to the City by the end of the month following the last day of the quarter with reports due by August 31, 2011, November 30, 2011, February 28, 2012, and May 31, 2012. 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 2011-2012 City of Oshkosh Community Development Block Grant 2 NHS of SE WI (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 there under. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part 50 as amended. F. The subrecipient agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan. G. No officer, employee or agent of the City who exercises any functions or responsibilities in the review or approval, or the carrying out of responsibilities, to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement. H. Incorporated by reference herein are OMB Circulars A-21 or A-122 as applicable, and A-110,Attachments A, B, C, G, I, J, M, O. V. PAYMENT FOR SERVICES A. Contract Amount The subrecipient shall perform all work under this Agreement for an amount to be determined by the City per (I) (B) of this Agreement, but not to exceed 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 2011-2012 City of Oshkosh Community Development Block Grant 3 NHS of SE WI 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 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. 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 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. 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. 2011-2012 City of Oshkosh Community Development Block Grant 4 NHS of SE WI This Agreement is made this IV day of NI , 2011, and is specifically binding upon the parties hereto. NEIGHBORHOOD HOUSING SERVICES OF SOUTHEAST WISCONSIN, INC. CITY OF OSHKOSH DOMENICK MARTINELLI MAR ROHLOFF EXECUTIVE DIRECTOR MANAGER �-- 9-0W 1_ Oiv\ic6AAPPI troa I ROBERT ANDERSON PAMELA R. UBRIG BOARD CHAIRPERSON CITY CLERK 41 APPROVED AS TO FUNDING AV•ILABILITY: I r A1,1/■ o' / - ' G .-"NO FINANCE DIRECTOR APP'•VED AS TO FOR : ... ■ LY r a'ENSO ' CITY •TTORNEY 2011-2012 City of Oshkosh Community Development Block Grant 5 NHS of SE WI