HomeMy WebLinkAboutADVOCAP 11/18/2015AGREEMENT
THIS AGREEMENT is between the City of Oshkosh, a Wisconsin municipal corporation, herein referred to as
"CITY"; and ADVOCAP, Incorporated, P.O. Box 1108, Fond du Lac, Wisconsin, 54936, 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 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. The City has allocated a portion of its 2015-2016 CDBG to a public service funding consortium
whose purpose is to evaluate public service grant applications and allocate funds contributed to
the funding consortium.
C. The City will review public service organizations funded through the consortium with 2015-
2016CDBG funds in order to evaluate subrecipient performance to ensure that the scope of
services a subrecipient stated that it would perform in its application for funding to the
consortium was being carried out in accordance with applicable laws and regulations and to
provide technical assistance.
D. The City will make quarterly payments on a reimbursement basis to the subrecipient after written
requests for payment has been made with attached documentation supporting such requests.
E. Funding under this Agreement shall be paid with 2015-2016CDBG 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rescinded by Congress, the contract amount in Article V(A) of this Agreement shall be reduced
by the same percentage that is rescinded from the City's 2015-2016 CDBG Program by
Congress or HUD, or as determined by the City per applicable HUD regulations.
II. SCOPE OF SERVICES
A. The subrecipient shall:
(1) Provide a daily nutritious meal to persons 60 years of age or older and to some younger
disabled individuals when they are homebound through the "Winnebago County Nutrition
Program."
(2) Provide said services in accordance with the objectives outlined in the subrecipient's
proposal to the consortium (see "Appendix A", which is attached and fully incorporated
into this Agreement) and are for City of Oshkosh residents only.
B. Said services shall commence on or about Mav 1 2015 and shall be completed bv April 30,
2016.
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:l) 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).
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IV
REPORTING REQUIREMENTS/RECORDS
A. The subrecipient shall provide quarterly reports to City by Auqust 31, 2015, November 30, 2015,
Februarv 28, 2016, and Mav 31, 2016. 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)
2)
3)
4)
5)
6)
7)
8)
i9)
(10)
(11}
Amount of CDBG funds expended per budget and additional funds leveraged for program
Type and amount of services provided
Number of total clients
Number of clients and percent of clients from Oshkosh
Number of low/moderate income persons assisted
Number of very low income persons assisted
Number of extremely low income persons
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, orOther
Number of Hispanic persons assisted per each of the above 10 race categories
Number of female headed households assisted
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
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Provide the City with a copy of an agency audit, conducted in accordance with 2 CFR Part 200,
as applicable, for any fiscal year CDBG funds were received under this Agreement.
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.
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.
2015-2016 City of Oshkosh Community Development Block Grant 2 ADVOCAP-Winn. Co Nutrition
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 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 shal! 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., 740y 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, A-122 or A-133 as applicable, and 2
CFR Part 200.
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 FIVE HUNDRED
DOLLARS ($10,500).
2015-2016 City of Oshkosh Community Development Block Grant 3 ADVOCAP-W inn. Co Nutrition
B. Method Of Pavment
Funds will be released quarterly by the City upon receipt of proper invoice verifying eligible
expenses actually incurred by the subrecipient with attached documentation supporting such
requests, 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 applicabie 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 mayterminate 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.
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.
2015-2016 City of Oshkosh Community Development Block Grant 4 ADVOCAP-Winn. Co Nutrition
19I�
IX
AMENDMENTS
This Agreement may be amended at any time by a written modification mutually agreeable to both
parties hereto.
INDEMNIFICATION
The subrecipient agrees to and does hereby hold the City harmless and does hereby indemnifythe City
against any claims or demands of any person or legal entity arising by reason of this Agreement.
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This Agreement is made this �� day of �(Al�.tmb�.� , 2015, and is specifically binding upon the
parties hereto.
ADVOCAP, INC.
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MI HAEL B ' NERTZ
EXECUTIVE DIRECTOR
2015-20�6 City of Oshkosh Community Development Block Grant
CITY OF OSHKOSH
MAR ROHLOFF
CITY MANAGER .
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PAMELA R. UBRIG
CITY CLERK
APPROVED AS TO FUNDING AVAILABILITY:
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TRENA LARSON
FINANCE DIRECTOR
APPROVED AS TO FORM:
N L RENS N
CITY AT ORNEY
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ADVOCAP-Winn. Co Nutrition