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Home My WebLink About91-072 FEBRUARY 21, 1991 91-72 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENT WITH WINNEBAGO COUNTY LITERACY COUNCIL INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that t}�e proper City officials are hereby authorized and directed to enter into an appropriate Agreement with Winnebago County Literacy Council for funding under the City's 1991 Community Development Block Grant Program, in an amount not to exceed $11,747.00 for the period from March 1, 1991 to February 29, 1992. BE IT FURTHER RESOLVED that said funding is contingent upon the City's receipt of 1991 Community Development Block Grant funds from tt�e U.S. Department of Housing and Urban Development. BE IT FURTHER ftESOLVED that monies for this purpose are hereby appropriated from the 1991 Community Development Block Grant Program. �__....-�._.e____.___� c��i.r.i-rr�r:1-,� T�� )��E�.♦!11 i.A.t?:;i U� .o. —_ ,-,�.� s . �'Z�� P;P'.�.,,;;T) _ '_,-----_ - 33 - . � Res 91-72 A G R E E M E N T THIS AGREEMENT is betueen the City of Oshkosh, a Nisconsin municipal corporation, herein referred to as "CITY", and uinnebago County Literacy Council, a Yisconsin non-profit corporation, herein referred to as "WCLC". I. GENERAL DESCRIPTION A. The City has received funding from the U.S. Department of Housing and Urban Developnent (HUD) under the Title I Carm�unity Development Block Grant Program, to undertake projects and activities as indicated in the City's Final Statement of Cam�unity 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 WCLC to carry out the activities in caiptiance with this Agreement and other applicable regulations referred to herein. B. Punding under this Agreement shall be peid with 1991-92 Comnunity Development Block Grant (CDBG) funds. Should said funds not be received by the City, this Agreement shall be null and void. II. SCOPE OF SERVICES A. YCLC shall: (1) Provide training for tutors who will tutor Low- and moderate-income residents of the City of Oshkosh. (2) Provide training materials to low- and moderate-income clients. (3) Coordinate efforts of volunteers and other agencies in regard to tutoring services. (4) Provide said services in accordance with the objectives outlined in wCLC�s proposal to the City (see "Appendix A'�, which is attached and fully incorporated into this Agreement). B. Said services shall cam�ence on or about March 1, 7991 and shall be canpleted by February 29, 1992. III. REPORTING RECUIREMENTS/RECORDS A. YCLC shall provide quarterly reports to the City beginning June 1, 1991, which at a minimim shalt include the following information: (1) Amo�mt of CDBG funds expended per budget. (2) Type and amount of services provided. (3) N�mber of clients and percent of clients from the City. (4) Nunber of persons in clients family and family incane. (5) Progress towards program goals. Records necessary to substantiate these reports shall be kept on file at the WCLC office. B. Maintain a separate financial account for CDBG f�ds which shows alt receipts, including program income, and disbursements. All disbursertients shalL have docunentation which substantiates that costs incurred and paid from the CDBG account are reasonable, allowable, and allocable per applicable Federal cost principals. C. Provide the City with a copy of an annual audited financial statement for any fiscal year for which UCLC received COBG funds under this Agreement. D. All records required under this Agreement shall be retained for three (3) years after completion of the project, o� after all pending matters relative to this Ag�eement are closed. E. WCLC 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, docunents, papers and records which are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. IV. STANDARD PROVISIONS A. WCLC 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, cotor, 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. - 33a - - � Res 91-72 - z - This requirement shall apply to but not be limited to the follouing: 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. WCLC will make a good faith effort to use minority and wanen-owned businesses in procurement of supplies, and �on request of the City, must provide satisfactory evidence of such effort. Additionally, uCLC 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 ir�der 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 nonexctusive and irrevocable license to rep�oduce, 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 uork aided by this Agreement shall be promptly and fully reported to the appropriate Federal agency involved for determinatio� by it as to whether patent protection on such invention or discovery shall be sought arxi hou the rights in the invention or discovery, including rights �der any patent issued thereupon, shall be disposed of and administered, in order to protect the public interest. E. WCLC agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Envirormental Protection Agency regulations (40 CRF Part 15). F. WCLC agrees to comply with mandatory standards and policies relating to energy efficiency uhich are contained in the State Energy Conservation Plan. G. No officer, emptoyee 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 Circular A-87, A-110, Attachments A, 8, C, G, I, J, M, 0, and A-122, as appticable. V. PAYMENT FOR SERVICES A. Contract Amount WCLC shall perform all work under this Agreement for an amount not to exceed ELEVEN THWSAND SEVEN HUNDRED fORTY-SEVEN DOLLARS AND NO/100 (511,747.00). B. Method of Pavment Upon receipt of proper invoice, peyment shall be made in tuelve (12) monthly installments of NINE HUNDRED SEVENTY-EIGHT DOLLARS AND 92/100 (E978.92) each. VI. SUSPENSION AND TERMINATION A. Nhen WCLC 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 YCLC, suspend the Agreement and withhold further payments or prohibit WCLC fran incurring additional obligations of funds, pending co�rective action by 11CLC, or a decision to terminate in accordance With paragraph B belou. e. 7his Agreement may be terminated for cause or convenience. (1) TERMINATION FOR CAUSE: The City mey terminate this Agreement in whole or in part at any time before the date of completion, uhenever it is determined that WCLC has failed to comply uith the conditions of this Agreement. The City shall promptly notify WCLC in writing of the determination and the reasons for the termination, together with the effective date. Payments made to WCLC or recoveries by the City in the event this Agreement is terminated for cause, shall be in accordance uith the legal rights and liabilities of the parties. (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 cortmensurate with the further expenditures of funds. The two parties shatl agree upon the effective date and in the case of partial terminations, the portion to be terminated. YCLC shall not incur ner► obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The City shall atlow full credit to WCLC for any noncancellable obligations properly incurred by WCLC prior to termination. - 33b - � Res 91-72 - 3 - (3) The parties shall promptly settle the terminated grant and execute a written amendn�nt upon settlement, which sets forth the terms and conditions of the settlement Agreement. VII. REVERSION OF ASSETS WCLC agrees to transfer back to the City any CDBG funds and accounts receivable attributable to the use of CDBG fwds on hand at time of expiration of this Agreement. WCLC further agrees that any real property under uCLC�s control that uas acquired or improved in whole or in part with CDBG funds in excess of 525,000 is either: A. Used to meet one of the national objectives in CFR 570.208 until tive years after expiration of this Agreement, or such longer period of time as determined appropriate by the City; or e. 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 wriiten modffication mutually agreeable to both parties hereto. IX. INDEMNIfICATION uCLC agrees to and does hereby hold the City harmless and does hereby indeimify the City against any claims or demands of any person or legal entity arising by reason of this Agreement. Th.is Agreement is made this _ day of , 1991, and is specifically binding upon the parties hereto. WITNESS: WINNEBAGO COUNTY IITERACY CWNCIL TINA POTTER, PRESIDENT LAURI MAGEE, VICE-PRESIDENT WITNESS: CITY OF OSHKOSH WILLIAM D. FRUEH, CITT MANAGER DONNA C. SERWAS, CITY CLERK APPROVED AS TO FORM: 41ARREN P. KRAFT, ASSISTANT CIT1' ATTORNEY APPROVED AS TO FUNDING AVAILABILITY: ED4IARD A. NOKES, fINANCE DIRECTOR ucic:2/91 - 33c - , • ' "EXHIBIT A" Res 91-72 . PUliLIC SERVICES SUBCOMMITTE� - CITIZENS ADVISORY COMMITTEE CITY OF OSHKOSH, OSHKOSH, LUI NAME UF ORGANIZATION/AGENCY Winnebago County Literacy Council ADDRESS 106 Washington Avenue, Oshkosh, WI. 54901 PHONE N �►14 ) 236-5205 cvNracr pERSVN Board President, Tina Potter 414/922-7760 or 688-5217 . 1 . PLEfISE GIVE A BRTEF DESCRIPTION OF YO(1R AGENCy OR ORGANIZATION AND ITS GOALS. We are a private non-profit community service organization that is governed by a 19 member board of directors chosen from all sectors of the local community. We provide a volunteer one �C to one tutoring service to people who are illiterate or functionally illiterate usin� both LVA (Literacy Volunteers Of America) and Laubach methodologies. Our goal is to help adults develop and improve their basic skills in reading, listening, speaking, writing and mathema- tics, in order that they may participate fully in our society. 2. PLEASE �TVE A BRIEF DESCRIPTION OF THE PROJECT, INCLUDING 08JECTIV�S AIW ACTIVITIES. The Winnebago Cdunty Literacy Council has trained 60 tutors in the past year, and will con- tinue to train tutors on a schedule of 8 training sessions per year, with an average atten- dance of 15 participants. Trained tutors are matched with individuals needing literacy services. Student referrals are received from human services agencies, self-referrals, Lao Hmong Assoc- iation; churches, family members and the Fox Valley Technical College. The Oshkosh North- western has .been helpful in assisting us to raise public awareness of the literacy issue. Public awareness is vital in order to recruit new volunteers and students. Other efforts we are making to enhance public awareness are speaking engagements, personal contacts with com- munity groups and the dissemination of our brochures and other printed materials about liter- acy. The balance of our activities involve in-service training of board �embers and tutors, and the coordination and support of the tutor/student matches to ensure �their success. 3. PLEASE PROVIDF A 8[1DGET FOR THF PROJ�CT. TRAINING EXPENSES: Tutor Trainer ( 8sessions x $150. ) . . . . $1,200. Materials ( 100 persons @ $35.) . . . . 3,500. OFFICE SUPPLIES & POSTAGE: � Stationary,Postage,Supplies $1,000. SALARY & FRINGES Salary (Asst.Coordinator/20hrs.x $5.) $5,110. Fringes (FICA, WC, UC) 664. GRAND TOTAL: $11,474.00 4. PLEASE DESCRIBE H(XU THE PROJEC7 U$JECTIVES AND ACTIVITIES ARE RELATED TO THE GUIDELINES ESTA$LISNED $Y THE PuBLIC SERVICES SCIBCOMMITT��. Adequate literacy skills are vital to exist and succeed in our complicated society. Students who are currently being served by Winnebago County Literacy Council fit into the category of low to moderate income persons. For this reason costs for learning materials are in the budget. Persons who can't afford to purchase the materials will have them provided to them free of char e. The s m toms of ��5 g y p poor or non-existent literacy,�can be under-employment or unemployment. It also results in much more difficulty being re-trained, taking part in the edueation of one's children& being politically informed in order to vote. One of the reasons people look to the.se seryices i�s to imprave the quality of their life. We have been existing on �n-kiad_�pn- ��butxons by� a wxde va�Tet�* vP agencies and volunteer efforts. Because of the increased i demand for our services this �nethod. of funding �s no longer adeqnate, �or that reason we are rec�uesti,ng th�:s ,�unding from the Community Development Block Grant. - 33d - c� 3 � r D � � O (D �-'•'� CD � --I �' �-"a cn .Z7 F--� -T fD "5 • �-+ O C -5 O mz a w < � o •• -s c-� c� �o .. � � a i tv c�cn v z a a � o -s iv o -< o � c � mmo � �D N N � � n � -1 l0 �• (D .�-••--• l0 �--' � Ol —+ c�' �� • c-F � E �• � � (D � � cn O C7 O C � c+ �