HomeMy WebLinkAboutMetro Milwaukee Fair Housing Council 2011-2012 AGREEMENT
THIS AGREEMENT is between the City of Oshkosh, a Wisconsin municipal corporation, herein referred to as "CITY", and
the Metropolitan Milwaukee Fair Housing Council, 600 East Mason Street, Suite 200, Milwaukee, Wisconsin 53202 and
the Fair Housing Center of Northeast Wisconsin (local satellite office of the Metropolitan Milwaukee Fair Housing Council),
4650 West Spencer Street, Suite 2, Appleton, Wisconsin 54914, 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 2011-2012 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of the CDBG funds are rescinded by Congress, the contract amount in Article V(A) of this Agreement will
be reduced by the same percentage that is rescinded from the City's 2011-2012 CDBG Program by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) Make its complaint intake and investigative services available to persons who believe that they
have experienced illegal discrimination. Staff will advise such persons on the provision of fair
housing law and available sources of remedy. As appropriate, staff will make referrals to an
attorney and/or administrative agencies.
(2) Provide referral services for clients who have non-fair housing inquiries.
(3) Make available, on a case-by-case basis, reasonable technical assistance (as determined by
subrecipient) to the City and Oshkosh residents, including housing providers and social service
agencies that conduct business in the Oshkosh.
(4) Regularly distribute fair housing educational materials to approximately eight public agencies,
social service agencies, homeless shelters, and community-based organizations that serve the
city of Oshkosh.
(5) Work with the City to conduct two collaborative presentations and one training providing
information on fair housing laws to be finalized at a later date.
(6) Have staff in the local office (Fair Housing Center of Northeast Wisconsin) participate in
approximately 12 local interagency meetings.
(7) Place listings in the yellow and white pages of the Oshkosh telephone book for the FHCNW
telephone number and the MMFHC toll-free complaint intake telephone number.
B. Said services shall commence on or about May 1, 2011 and shall be completed by April 30, 2012.
C. 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, 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 subrecipient and 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 from Oshkosh
(4) Number of low/moderate income persons assisted
( 5 ) Number of very 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 10 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 that 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, but shall reduce subsequent requests for
funds under this agreement by the amount of the program income received. Any program unused program
income shall be returned to the City at the end of the agreement period.
C. 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 under this Agreement.
D. 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.
E. The subrecipient agrees 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 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.
2011-2012 City of Oshkosh Community Development Block Grant 2 MMFHC
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 subrecipient agrees 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 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 TEN THOUSAND DOLLARS ($10,000).
B. Method Of Payment
Funds will be released quarterly by the United Way 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 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 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
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
2011-2012 City of Oshkosh Community Development Block Grant 3 MMFHC
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 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.
VIII. AMENDMENTS
This Agreement may be amended at any time by a written modification mutually agreeable to both parties hereto.
IX. INDEMNIFICATION
The subrecipient agrees to and does 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.
This Agreement is made this 161k-day of NO'& A , 2011, and is specifically binding upon the parties hereto.
METROPOLITAN MILWAUKEE FAIR CITY OF OSHKOSH
HOUSIN COUNCIL
WILLIAM R. TISDALE MARK(ROHLOFF
PRESIDENT AND CEO CITY MA AGER
'''''' 110 '' j bk,
PAMELA R. UBRIG
CITY CLERK
APPROVED AS TO FUNDING AVAILABILITY:
I i
J /14,,,,,, .41," Asa!
PEGGY S' ,4
FINANCE DIRECTOR
APP'.VED AS TO FORM:
VeRENSO1.
CITY ATTORNEY
2011-2012 City of Oshkosh Community Development Block Grant 4 MMFHC
Please limit answers to space provided unless specified
(applications must be completed in full to be considered)
1. Organization Name: Metropolitan Milwaukee Fair Housing Council (MMFHC)
2. Address:,600 E. Mason Street, Suite 401 , Milwaukee WI 53202
3. Mailing Address: Fair Housing Center of Northeast Wisconsin (FHCNW), 4650 W. Spencer St., Suite 15, Appleton WI 54914
4. Telephone Number: 920-560-4620 (FHCNW)
5. Name of Contact Person:IKristi Clover, Program Services Coordinator
6. Telephone Number of Contact Person: 920-560-9260
7. E-Mail Address of Contact Person:(kclover @fairhousingwisconsin.com
8. Legal Status of Organization: 0 Private, Non-profit ❑ Private, For-Profit
❑ Public Agency ❑ Other
9. Federal Tax Identification Number: 39-1286685
10. Provide a brief description of your organization's overall mission purpose:
FHCNW is a satellite office of MMFHC. The purpose of MMFHC is to promote fair housing throughout the State of
Wisconsin by combatting illegal housing discrimination and by creating and maintaining racially and economically integrated
housing patterns.
11. What is your organization's total 2010 operating budget? 1$1,293,596 (MMFHC) $98,500 (FHCNW)
12. Has your organization received CDBG funding in the past? SI Yes ❑ No
13. If yes, how much has your organization received and for how many years has it participated in
the CDBG Program? I$ 10,000 (2010) (Number of Years: 9
14. If your organization is receiving 2010 CDBG funding, what is the amount, and what percentage
of your total budget are the CDBG funds?1$10,000 I/ 10.2%of FHCNW
15. CDBG funds desired for 2011:1$17,475.00
Would you accept a smaller grant award than requested? DYes ❑ No I RECEIVED
City of Oshkosh
4 Non-Public Service CDBO FundsVpplic1tign Z010
COM\1UNIT'f DEVELOPMENT
16. Please fill out the following budget sheet (for entire agency):
Revenue 2009 Actual 2010 Budget 2011 Proposed
CDBG 301 ,592 )298,540 299,536
County Aid
Federal/State Funds or Grants 366,440 528,349 600, 131
Fees for Services 239,557 167,911 148,000
Fundraising/Dues 9,066 7,000 9,000
Foundations 381 ,456 291 ,796 225, 135
United Way
Investments 1 009
Endowments
Donations/Other 4,763
Total Revenues 1 ,303,883 1 ,293,596 1 ,281 ,802
2009 2009 2010 2010 2011 2011
Expenses Actual CDBG Proposed CDBG Proposed Proposed CDBG
Total Funded Total Funded Total Funded
Salaries 903,915 250,081 884,409 244,684 884,409 244,684
Employee Benefits 138,751 38,387 166,518 46,070 174,844 48,373
Occupancy 108,050 p29,894 86,107 23,823 80,000 22,133
Program/Office 156,936 43,419 127,647 35,315 113,489 31 ,398
Materials/Supplies
Communication 27,087 7,494 26,000 7, 193 26,000 7,198
Professional Develop/ 2,776 768 2,915 806 3,061 847
Conferences
t
r .
Total Expenses 11 ,337,516 370,043 1,293,596_357,891 11,281 ,802 354,628
I
City of Oshkosh 5 Non-Public Service CDBG Funds Application
- 17. Please provide a budget for the project for which you are requesting CDBG funds:
Item Total Amount CDBG Amount Other
Personnel Costs
Salaries 49,855 11 ,500 38,355
Fringe Benefits 14,137 3,261 10,876
Total Personnel Costs 63,992 14,761 49,231
Supplies & Services
Occupancy 10,200 802 9,398
Program/Office Materials/Supplies 21 ,054 1 ,468 19,586
Oshkosh Telephone Book Listing 204 204 -
Communications 2,750 1216 2,534
Professional Development/Conferences 300 24 1276
Total Supplies and Services 34,508 2,714 31 ,794
Totals 98,500 17,475 81 ,025
18. Use of CDBG Funds: Provide a specific description, including staffing, of the activity or activities
that will be funded with CDBG funds:
MMFHC proposes to provide the following comprehensive fair housing enforcement, outreach and education and technical assistance
services to City of Oshkosh residents: A) Complaint intake,case management,investigative and referral services for persons who may have
experienced illegal housing discrimination. B)Information and referral services for persons with non-fair housing inquiries.C)Fair housing technical
assistance,on a case-by-case basis,for City of Oshkosh agencies and residents,including housing providers and agencies that serve Oshkosh.
D) Distribution of fair housing educational materials to approximately 15 agencies,shelters, and other organizations serving Oshkosh.
E)A minimum of two fair housing presentations to organizations that serve Oshkosh. F)One fair housing training seminar for owners and
managers of rental property. G) Participation in approximately 12 local interagency meetings. H) Placement of listings in the Oshkosh
telephone book for the FHCNW phone number and the MMFHC toll-free complaint intake telephone number. These activities will be
conducted by MMFHC's Program Services Coordinator, Complaint Analyst, Investigator, Director of Case Management and Training,
and other staff as appropriate.
City of Oshkosh 6 Non-Public Service CDBG Funds Application
19. Local Needs: State specific local needs or problems which your proposal intends to address:
—The US Census reveals that Oshkosh, a historically homogeneous community, remains segregated. Oshkosh
continues to face barriers to integration, including housing discrimination. Segregation experienced by people of
color, contrasted with the relative mobility of whites, suggests that minorities' housing choices are limited by
housing discrimination. Complaint and testing data gathered from the Fox Valley bear this suggestion out.
Discrimination continues today in both subtle and overt ways, and many housing providers and consumers have
poor understanding of the rights and responsibilities provided by fair housing laws. The City of Oshkosh CDBG
Program Consolidated Plan lists the provision of fair housing information to both rental property owners and
tenants as one of the City's goals. All of these factors highlight Oshkosh residents' need for fair housing
educational services, enforcement services and technical assistance.
20. List the number of program participants (for activities that serve clientele or provide jobs):
5/1/09 -4/30/10 (had been projected)1165 J(actual)1417
5/1/10 - 4/30/11 (projected) 1165 I
5/1/11 -4/30/12 (projected) 1165
21. What percentage of those served will be City of Oshkosh residents?!unknown at this time% 1
22. What percentage of program participants fall into the category of extremely low, low, or moderate
income individuals or households (as defined previously in the instructions)?
This is unknown at this time, as the diversity of persons in need of fair housing services makes it impossible to
'predetermine income data. MMFHC collects income data from recipients of complaint intake services and logs this information on its
'Complaint Intake Log. MMFHC does not and cannot collect income-related data from other service recipients.
23. Goals/Evaluation: Describe the goals and objectives of the proposed activities in quantifiable
terms and the methods that will be used to measure performance in relation to the goals and
objectives:
'Proposed activities have the following objectives:A) Oshkosh residents will have increased knowledge of fair housing rights and I
'increased ability to take action after experiencing discrimination. B) Housing providers will demonstrate increased compliance with'
(fair housing laws. C) Victims of illegal housing discrimination will have increased access to legal remedies and enforcement!
'services, including fair housing testing, the most effective evidence-gathering method in fair housing enforcement. I
IMMFHC programs in the FHCNW service area are continually evaluated by feedback received from clients, attorneys,
'volunteers, and others as appropriate. The impact of services is also gauged by the number of persons requesting and receiving I
'services, the number of complaints received, and the number of complaint referrals made to attorneys or administrative agencies.'
24. If your agency receives partial or no funding for the proposed project, would you be able to raise
the remainder of the funds to operate the program?
Ilf MMFHC receives partial or no funding for the proposed activities, the level of services provided to the City of Oshkosh
(would be scaled down proportionate to the level of funding available.
�
' I
City of Oshkosh
7 Non-Public Service CDBG Funds Application
25. Do your services/activities leverage the involvement of volunteers? How many and in what
capacity (do not include board members attending meetings)?
Rigorously trained MMFHC volunteers assist in housing discrimination investigations, serve on the FHCNW Advisory Committee,'
land advocate in support of fair housing in various public forums. MMFHC has a pool of 107 testers who reside (
'throughout MMFHC's service areas and have agreed to travel throughout the State of Wisconsin as needed. l
Together with the participation of volunteers, MMFHC's collaborative relationships with other organizations create
la cost-effective and highly efficient way to extend fair housing services to many populations.
26. Are there other agencies that provide similar programs or services for City of Oshkosh residents?
How is your program unique?
(There are no other agencies, either public or private,that provide the comprehensive fair housing services described
(herein to the City of Oshkosh.
l �
27. How will your organization document LMI eligibility of program participants?
MMFHC collects income data from recipients of complaint intake services and logs this information on its Complaint Intake
Log. MMFHC does not and cannot collect income-related data from other service recipients.
28. How long do you anticipate needing CDBG funds? Check one that applies.
Continuously
❑ At least 3 years
❑ 2 years or less
❑ On an intermittent basis
29. What is the dollar amount attributed to administrative costs for both the entire agency and the
specific program? List the items included in the administrative cost figures.
Administration Costs Administration Costs CDBG Amount
Entire Agency Specific Program Total
$186,504(includes partial salaries,benefits) $none $none
City of Oshkosh 8 Non-Public Service CDBG Funds Application