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Home My WebLink About91-070 FEBRUARY 21, 1991 91-70 RI?SOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENT WITH THE AMERICAN RED CROSS (OSHKOSH CHAPTEIt) INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT BE IT RESOLVED by the Common Council of the City of Oshkos}i ti�at the proper City officials are hereby authorized and directed to enter into an appropriate Agreement with the American Red Cross (Oshkosh Chapter) for funding under the City's 1991 Community Development Block Grant Program, in an amount not to exceed $3,000.00 for the period from March 1, 1991 to February 29, 1992. BE IT FURTHER RESOLVED that said funding is contingent upon tlie City's receipt of 1991 Community Development Block Grant funds from the U.S. Department of Housing and Urban Development. BE IT FURTHER RESOLVED that monies for this purpose are hereby appropi•iated from the 1991 Community Development Block Grant Program. S'.;_:,�i.'.�;'F',. ?� �.�.._.._._..._._.�__ _._. � ,�'-��'�'�'LGA� � �r,r.i�;tir;'t� �� - 31 - Res 91-70 A G R E E M E N T TNIS AGREEMENT is betueen the City of Oshkosh, a Wisconsin municipal corporation, herein referred to as "CITY��, and the American Red Cross (Oshkosh Chapter), a Wisconsin non-profit corporation, herein referred to as "ARC". I. GENERAL DESCRIPTION A. The City has received furiding from the U.S. Depertment of Housing and Urban Development (HUD) under the Title I Camiunity Developnent Block Grant Program, to undertake projects and activities as indicated in the City�s final Statement of Camiunity 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 ARC 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 1991-92 Camiunity 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. ARC shall: (1) Provide subsidized transportation services Lo the handicapped which will enhance the employability of the handicapped in camunity based jobs. (2) Provide said services in accordance with the objectives outlined in ARC's proposal to the City (see "Appendix A", which is attached and futly incorporated into this Agreement). B. Said services shalt comnence on or about March 1, 1991 and shall be ca�leted by February 29, 1992. III. REPORTING REQUIREMENTS/RECORDS A. ARC shalt provide quarterly reports to the City beginning June 1, 1991, which at a minimian shall include the following information: (1) Amount of CDBG funds expended per budget. (2) lype and amount of services provided. (3) Nunber of clients and percent ot clients from the City. (4) Nunber of persons in clients family and family income (if obtainable). (5) Progress towards program goals. Records necessary to substantiate these reports shall be kept on file at the ARC office. B. Maintain a separate financfal account for CDBG funds which shows all receipts, including program incane and disbursements. All disbursements shall have docunentation which substantiates that costs incurred and paid fram 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 tiscal year for which ARC received CDBG furxJs under this Agreement. D. 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. E. ARC agrees to provide access to the City, the 11.S. Department of Housireg and Urban Development, the Cortiptrotter General of the United States, or any of their duly authorized representatives to any books, docunents, papers and records uhich are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. IV. STANDARD PROVISIONS A. ARC 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 appticant for employment because ot 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 ertiployees 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 ertiployrt�ent without regard to race, color, religion, sex orientation, sex or nationat origin. - 31a - Res 91-70 - z - B. ARC 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. Additionatly, ARC agrees to provide the City with the name(s) and contract amount(s) of all minority and wanen-ouned businesses awarded contracts on the project. C. If the proceeds used under this Agreeme�t 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, p�lish or otherwise use, and to authorize others to use all copyrighted rreterial 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 shalt be promptly and fulty 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 petent issued thereupon, shall be disposed of and administered, in order to protect the public interest. E. ARC agrees to ca�ply 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 Envirorniental Protection Agency regulations (40 CRF Part 15). f. ARC 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 revieu 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-87, A-110, Attachments A, B, C, G, I, J, M, 0, and A-122, as applicable. V. PAYMENT FOR SERVICES A. Contract Amount ARC shalt perform all work under this Agreert�ent for an amount not to exceed THREE THOUSAND DOLLARS AND NO/100 (E3,000.00). B. Method of Pavment Upon receipt of proper invoice, payrn�t shall be made in two (2) installments of One Thousand Five H�dred AND NO/100 (51,500.00) each; one in April and one in August. VI. SUSPENSION AND TERMINATION A. vhen ARC 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 ARC, susperxi the Agreertient and withhold further payme�ts or prohibit ARC fran incurring additional obligations of funds, pending corrective action by ARC, or a decision to terminate in accordance with paragraph B belou. 8. This Agreement may be terminated for cause or convenience. (1) TERMINATION FOR CAUSE: The City may terminate this Agreement in whole or in par[ at any time before the date of completion, uhenever it is determined that ARC has failed to comply with the conditions of this Agreement. The City shall prary�tly notify ARC in writing of the determination and the reasons for the termination, together with the effective date. Payments made to ARC 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 conmensurate uith the further expenditures of funds. The two parties shall agree upon the effective date and in the case of partial terminations, the portion to be terminated. ARC 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 ARC for any noncancellable obligations property incurred by ARC prior to termination. (3) The parties shall pranptly settle the terminated grant and execute a Written amendment upon settlement, which sets forth the terms and conditions of the settlement Agreement. - 31b - Res 91-70 - 3 - VII. REVERSION OF ASSETS ARC 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. ARC further agrees that any real property under ARC's controt that was ac�ired or improved in whole or in part with CDBG tunds in excess of 525,000 is either: A. Used to meet one of the national objectives in CPR 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 menner 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. V1II. AMENDMENTS This Agreement may be amended at any time by a written modification mutually agreeable to both parties hereto. IX. 1NDEMNIFICATION ARC agrees to and does hereby hold the City harmless and does hereby indermify the City against any claims or demands of any person or legal entity arising by reason of this Agreement. This Agreement is made this _ day of , 1991, and is specifically binding upon the parties hereto. LIITNESS: AMERICAN RED CROSS DORIS AIBEE, EXECUTIVE DIRECTOR ALBERTA GOFF CHAPTER CHAIRPERSON 41ITNESS: CITY OF OSHKOSH WILLIAM D. FRUEH, C1TT MANAGER DONNA C. SERNAS, C1TY CLERK APPROVED AS TO fORM: APPROVED AS TO FUNDING AVAILABILITY 41ARREN P. KRAFT EDWARD A. NOKES ASSISTANT CITY ATTORNEY FINANCE DIRECTOR arc:2/91 - 31c - "APPENDIX A" Res 91-70 APPLICATION FOR PROJECT SUPPORT HUMAN SFRVICES SU$COMMIT7E� - CITIZENS ADVISORy COMMITTF� CI7y OF �SNKOSH, �SHKOSH, GII NAME 0� ORGANIZATION/AG�NCY Oshkosh Chapter American Red Cross AD�RESS 201 Ceape Avenue, Room 204, Oshkosh, WI 54901 pNONE # ( 41�► 231-3590 CUNTACT PERSUN Doris Albee, Ex. Director 1 . PLEASE GIVE A BRIEF DESCRIPTIUN OF yOUR AG�NCY OR �RGANIZATIUN AND ITS GOALS. The American Red Cross is a non-profit organization whose mission is to improve the quality of human life, enhance self-reliance and concern for others. Our aim is to help meet the transportation needs of special groups for whom other types of transportation � are too expensive or unavailable. One of our goals is to meet the transportation needs of the under-60 disabled, now more broadly defined to include drug and alcohol abusers. This group is becoming part of the mainstream of community life. Because of the diverse number of handicapped, no single agency has served as an advocate for their transportation needs. A second goal is to meet the demand for intercity transportation for city residents requiring medical treatment not currently available in Oshkosh, such as dialysis and radiation treatments. 2. PLEASE �TVE A BRIEF DFSCRIYfIUN OF 7H� PROJECT, INCLIIDING 08JECTIVES AND ACTIVI7I�S. Red Cross provides two types of transportation services for city residents: (1) a 24 hr. , 7 day a weelc subsidized cab service for the under-60 disabled, and (2) an intercity medical service using its own van. � With last year's Community Development Block Grant funds, Red Cross was able to provide 1600 additional trips to the disabled with its subsidized cab service. These were primarily work related trips. This demonstration project has provided a resource to job counselors and social service agencies who were able to place employable handicapped workers in community based jobs with greater flexibility. The effectivness of this demonstration project has expanded demand for this service to agencies working to rehabilitate drug and alcohol clients. Funding is being requested to meet the anticipated increase in transportation demands for rehabilitated/handicapped persons entering the work place and for intercity medical transportation for Oshkosh residents who have no other o tions. 3. PL�ASE PR�VIDE A BUUG�� OR THE PR�JECT. $3,000. - tJinnebago County $3,000. Red Cross $3,000. CDBG Total budget $9,000. The budget will be used to subsidize fares for cab trips and to pay gas and maintenance costs of intercity v3n transportation. The $3,000. from CDBG is expe�ted to subsidize about 2,000 additional trips on both services. 4. PLEASE DESCRIBE HcXV TNE PROJECT OBJECTIVFS AND ACTIVITIES ARE RELA7�D TU THE GUIDELINES �STABLISH�D BY 7H� HUMAN SERVICES SIJBCUMMITTE�. This project will benefit disabled and medically needy people, most of whom are on SSI or have low incomes because of a temporary disability. For those who will use the subsidized trips, the service is aimed at improving their economic self-sufficiency and general quality of life by providing transportation to community-based jobs and other activities. The program which contracts with Oshkosh City Cab Co. will work with job placement agencies such as Advocap and DVR. For the medically needy, the Red Cross van will be better able to respond to the increasing number of intercity trips. Both of these services are primarily for city residents. The job related project, established as a demonstration project, is slowing gaining recognition. 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