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HomeMy WebLinkAboutMetropolitan Milwaukee Fair Housing Council 10/16/2014 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 401, 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 20,Appleton, Wisconsin 54914, a Wisconsin non-profit corporation, herein referred to as"SUBRECIPIENT". I. GENERAL DESCRIPTION A. The City has received funding from the U.S.Department of Housing and Urban Development(HUD) under the Tide I Community Development Block Grant(CDBG)Program,to undertake projects and activides as indicafed in the City's Final Statemerrt of Community Development Objectives and Projected Use of Funds. The activity set forth in this Agreeme�'s Scope of Services is one of the said acfivities and it is the responsibility of the subrecipient to carry out the activities in compfiance with this Agreement and other applicable regulations referred to he�ein. B. Funding under this Agreement shall be paid with 2014-2015 Community Development Btock Grant(CDBG)funds. Should the City not receive said funds, this Agreement shall be null and void. tf a portian of#he CDBG funds are rescinded by Congress, the contract amount in Article V (A)of this Agreement will be reduced by the same percentage that is rescinded from the City's 20142015 CDBG Program by Congress or HUD, or as determined by the City in accordance with applicabte HUD regulafions. (I. SCOPE OF SERVECES 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 andlor 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 hausing educational materials to approximately six 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 No�theast Wisconsin) participate in approximately six local interagency meetings. (7) Place listings in the white pages of the Oshkosh telephone book for the FHCNW telephone number and the MMFHC toll-free complaint intake telephone number. (8) Provide a summary of fair housing cases referred to state or federal agencies. (9) Provide a summary of fair housing cases settled by state or federal agencies. B. Said services shall commence on or about Mav 1,2014 and shall be completed bv April_30,2015. C. The subrecipient certifies that the activities carried out with the funds provided under this�qreement 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). lll. 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 31,2014,November 30,2014,February 28,2015,and Mav 31. 2015. 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 subrecipierrt and shall include, at a minimum, the following information: ( 1 ) Amaunt 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 iow income persons assisted (6) Number of extremely low income persons (7) Number of persons assisted based on one of fhe 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, Blacic/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 (90) 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 a11 documents, computer records and reports associated with this agreement. B. Maintain a separate financia!account for CDBG funds which shows a!I receipts,including program income, and disbursements. All disbursements shalt have documentation that substantiates that costs incurred and paid from the CDBG account are reasonable, allowable, and allocable per applicable Federal cost principles. 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 forfunds undertFiis 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 fhis Agreement for the purposes of making audit, examination, excerpts and transcriptions. " 20142095 City of Oshkosh Community DevelopmeM Block Grant 2 MMFHC iV. STANDARD PROVISIOPIS A. The subrecipierrt 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 nationa! 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 availabte 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 quai�ed applicants will receive consideration for employmerrt without regard to race,color,religion�sex orientation,sex or national origin. B. The subrecipient will make a good faith effort to use minorify and women-owned businesses in procurer�nt of supplies,and upon request of the City,must provide safisfactory 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-ownect businesses awarded contracts on the project. C. If the proc�eds used under this Agreement result in book or other copyrightable materials, the author is free to copyright the work, but the appropriate Federai 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: �. 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. s. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part 50, as amended. F. The subrecipient agrees to comply with mandatory standards and palicies 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 persona(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. 20142015 City of Oshkosh Community Development Blodc Grant 3 MMFHC � V. PAYMENT FOR SERVICES A. Corrtract Amount The subrecipient sfial!perForm all work under this Agreement for an amour�t to be determined by the City per (I) (B) of this Agreement, but not to exceed TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500). B. Method Of Pavment Funds will be released quarterly upon receipt of proper invoice verifying eligibie 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) TERMINATfON 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) TERMlNATION 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 shai!not incuc 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 subrecipierrt 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 Agreemerrt. The subreapient 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 20142015 City of Oshkosh Community Qevelopment Blodc Grant 4 MMFHC I B. !s 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 fo,the property. Such reimbursement is not required after the period of 6me specified in accordance with A above. Vlll. AMENDMENTS This Agreemerrt may be amended at any time by a written modification mutually agreeable to both parties hereta IX. INDEMNIFICATION The subrecipient agrees to and does hereby hold the City harmless and does hereby indemnify the City agair�st any daims or demands of any person or le�al er�tity arising by reason of this�qreement ThisAgreement is made this�day of �C%��a.�-'L ,2Q14, and is specifically binding upon.the parties hereto. METROPOLITAN MILWAUKEE FAtR CITY OF OSHKOSH HOUS NG CO . + ,.l�o s��e`1--��/2G!'� WI IAM R. TISDALE MARK ROHLOFF PRESIDENT AND CEO CIl'�f NAGER �-_,.. PAMEIA R. UBRIG CITY CLERK APPROVED AS TO FUNDING AVAILABILITY: � TRENALAR I FlNANCE DIRECTOR AP VED AS TO RM: l � �i ORN �-- 20142015 City of Oshkosh Community Development Blodc Grant 5 MMFHC