HomeMy WebLinkAboutOshkosh Area Community Pantry, Inc. & Oshkosh L62
AGREEMENT
THIS AGREEMENT is between the City of Oshkosh, a Wisconsin municipal corporation, herein referred to as
"CITY";and Oshkosh Area Community Pantry Inc.,2551 Jackson St.Oshkosh,Wl 54901,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 1 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 2016-2017 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 2016-2017
CDBG 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 subreciplent after written
requests for payment has been made with attached documentation supporting such requests.
E. Funding under this Agreement shall be paid with 2016-2017 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rescinded by Congress, the contract amount in Article.V(A) of this Agreement shall be reduced by
the same percentage that is rescinded from the City's 2016-2017 CDBG Program by Congress or
HUD, or as determined by the City per applicable HUD regulations.
IL SCOPE OF SERVICES
A. The subrecipient shall;
(1) Provide free community-based food pantry to feature enhanced nutritionally improved
selection of food items.
(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)for City of Oshkosh residents only.
(3) The provision of services are dependent upon funding. In the event funding received by the
City is less than anticipated, the parties shall negotiate in good faith to determine the
reduced scope of services to be provided through this Agreement.
B. Said services shall commence on or about May 1, 2016 and shall be completed bvApril 30, 2017.
C. The subrecipient certifies that the activities carried outwith 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 570.205).
REPORTING REQUIREMENTSIRECORDS
A. The subrecipient shall provide quarterly reports to the City byAuclust 31 2016 November 30 2016
February 28, 2017, and May 31.„2017. 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 total clients
(4) Number of clients and percent of clients from Oshkosh
(5 ) Number of low/moderate income persons assisted
(6 ) Number of very low income persons assisted
( 7) Number of extremely low income persons
(8) 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
(9 ) Number of Hispanic persons assisted per each of the above 10 race categories
(10) Number of female headed households assisted
(11) 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 underthis 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 2 CFR Part 200, as
applicable, for any fiscal year CDBG funds were received under this Agreement.
D. All records required under this Agreement shall be retained for seven (7)years after completion of
the project, or after all pending matters relative to this Agreement are closed. Alternatively, the
SUBRECIPIENT may provide the CITY with complete and accurate copies of all records related to
this Agreement, along with an Affidavit signed under oath verifying that all records have been
transferred to the CITY.
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.
F. The City as a governmental body is subject to applicable open records statutes. Public records laws
may apply in some circumstances to certain records created and retained by the City's consultants
and contractors. The sub recipient agrees to fully cooperate with the City related to open records
requests related to this Agreement.
2016-2017 City of Oshkosh Community Development Block Grant 2 Oshkosh Food Pantry
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. Ali
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 subreciplent 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 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.
° 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 pr A-133, as applicable, and 2
CFR Part 200,
2016-2017 City of Oshkosh Community Development Block Grant 3 Oshkosh Food Pantry
t3• 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 indemnifyth
against any claims or demands of any person or legal entity arising by reason of this Agreemet e City
This Agreement is made this o� day of
hereto. Y\ ,2016, and is specifically binding upon the parties
OSHKOSH AREA COMMUNITY PANTRY INC,
CITY OF OSHKOSH
4RRAIGREEN `
EXECUTIVE DIRECTOR MARK ROHLOFF
CITY MANAGER
PAMELA R. UBRIG
CITY CLERK
APPROVED AS TO FUNDING AVAILABILITY:
4E)N&A LARSON
FINANCE DIRECTOR
APP OVED AS TO FORM:
dNiOMR E LNS 0
CITY ATTORNEY
2016-2097 City of Oshkosh Community Development Block Grant 5
Oshkosh Food Pantry