CCR2004024--
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #024-2004
AUTHORIZATION TO EXECUTE 2004 SUBGRANTEE
AGREEMENT BETWEEN WAUKESHA COUNTY AND
CITY OF MUSKEGO
WHEREAS, The City submitted an application for available CDBG funds; and
WHEREAS, The attached 2004 Subgrantee Agreement between Waukesha County
and City of Muskego was received; and
WHEREAS, The Finance Committee has reviewed the Agreement and has
recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the 2004 Subgrantee Agreement between Waukesha County and City of Muskego.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the document in the name of the City.
r
DATED THIS 27th DAY OF January ,2004.
SPONSORED BY
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy Salentine
Ald. Eric Schroeder
.'-'-
This is to certify that this is a true and accurate copy of Resolution #024-2004 which
was adopted by the Common Council of the City of Muskego.
~K Wz~ Cle Treasurer
1/2004jmb
MEMO.
Daniel M. Finley
County Executive
To: 2004 CD]3G Subgrantee
From: Glen Lewinski
Subject: Contracts for 2004
I>ate: J anmu-y 2004
Enclosed with this letter are three copies of your Program Year 2004 CDBG Subgrantee
Agreement Please have a (authorized representative) Board of Director Officer, Mayor /
President / Chairman sigh each of the Agreements on the last page. The execution of the
Agreement must also include an attestation or it will be rejected. Please return all three
properli"executed copies of your Contract for execution by County officials. One fully
executed copy will be returned to you along with the Invoices / Requests for Reimbursement
forms.
The Agreement will cover the period fÌom J.anuary 1, 2004 through December 31, 2004.
Expenditure öf funds can occur "anytime through December 31, 2004. "
All NON-government subgrantees must also submit a copy of their current insurance policy with .
"
coverage as outlined in the attached insurance memorandum.
.
Any new subgrantees who do not have on file ~~!r SOl(C)3 status a1}d inçorporation.papersr
- - -- -- . - . - - -mUßt -also ~bmìttb:ose âıêillíiêlifs with their-Agreement.
Finally, any sub grantee doing construction work must follow the labor standards procedures
outlined in the contract (Scope of Work) regarding bidding, specifications,pre~construction, etc.
These lJrocedures must be followed. Should you have questions or" need your scope of work
modified, please call me at (262) 548-7921.
r
1320 Pewaukee Road. Room 320
Waukesha, Wisconsin 53188
Phone: (262) 548-7920. Fax: (262) 896-8510
TDD: (262) 548-7903
2004 SUBGRANTItE AGREEMENT
BETWEEN W AUKESHA COUNTY AND
CITY OF MUSKEGO
FOR FUNDING UNDER TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974 (PUBLIC LAW 93-383, AS AMENDED)
--
This AGREEMENT is entered into by and between W AUKESHA COUNTY, Wisconsin
(hereinafter called "COUNTY") and the City of Muske go (hereinafter called "SUBGRANTEE"), a
municipal corporation and operating under the laws of the State of Wisconsin, having a principal
place of business at W182 S8200 Racine Avenue, P. O. Box 749, Muskego, WI 53150-0749.
--
II.
r
A. COUNTY has obtained a grant of Community Development Block Grant (hereinafter
called "CDBG") funds from the United States Department of Housing and Urban
Development (hereinafter called "HUD") as provided by the Housing and
Community Development Act of1974, as amended (P.L. 93-383) (hereinafter called
"ACT"). .
B. COUNTY has considered and approved the application of SUBGRANTEE and
hereby agrees to distribute to SUBGRANTEE a portion of the total CDBG funds
allotted to the COUNTY, with the portion distributed to SUBGRANTEE being in an
amount and upon the conditions provided herein.
C. The COUNTY and SUB GRANTEE enter into this Agreement pursuant to their
respective powers to enter into such Agreement, as those powers are defined in the
Wisconsin Constitution and applicable statutes, and the SUBGRANTEE's Articles of
Incorporation and By-Laws or other appropriate document of organization and
authority.
.
D. Now, therefore, in consideration of the mutual covenants and conditions contained
herein, the COUNTY and the SUBGRANTEE agree as follows:
SCOPE OF THE PROJECT
A. SUB GRANTEE hereby agrees to perfonn, in a timely fashion, the following activity,
as previously defined in the application and project description submitted by the
SUBGRANTEE: ADA - Historic Town Hall (hereinafter called "PROJECT").
B. The description of the PROJECT stated hereinabove is not necessarily inclusive, and
it is further outlined in SUBGRANTEE's application and PROJECT description, and
as described in Exhibit "A" attached hereto and made a part.ofthis Agreement.
PF04083 $9,420 1
~-
.--
III.
r
C. SUB GRANTEE agrees that CDBG FUNDS received pursuant to this Agreement
shall solely be devoted to the activity and utilized in the manner described in Exhibit
A, and that no alteration of such activity or expenditure for other purpose shall be
undertaken without the expressed written authorization of COUNTY.
D. SUB GRANTEE agrees that the assistance provided under this Agreement shall not
be used in the payment of any bonus or commission for the purpose of obtaining
COUNTY or HUD's approval of the application for such assistance, or COUNTY or
RUD's approval of applications for additional assistance, any other approval or
concurrence of COUNTY or HUD required under this Agreement, Title I of the
Housing and Community Development Act of 1974 or HUD regulations thereto;
provided, however, that reasonable fees or bonafide technical, consultant, managerial
or other such services other than actual solicitation, are not hereby prohibited if
otherwise eligible as program costs.
E. SUB GRANTEE shall cooperate with the COUNTY in its responsibilities pursuant to
. HUD's Environment Review Procedures, Part 58 of Title 24 of the Code of Federal
Regulations (hereinafter referred to as "CFR"), as amended, and shall permit the
COUNTY or its designees or employees to conduct site inspections, conduct
appropriate tests, examination of applicable documents, and such other activities as
the COUNTY deems appropriate in order to fulfill its responsibilities in the
implementation of the policies of the National Environmental Policy Act of 1969.
The COUNTY shall not make any payments contemplated under this Agreement
until the environmental review process has been completed by the COUNTY in
accordance with the foregoing Environmental Review Procedures, nor may any costs
be incurred by the SUB GRANTEE until completion of the Environmental Review.
The SUB GRANTEE will be notified by the COUNTY when costs may begin to be
incurred through the issuance of a written Notice to Proceed.
AMOUNT OF GRANT
A. The Amount of Funds provided in this Agreement is 100% funded under the
U.S. Department of Housing and Urban Development's Community
Development Block Grant program. Should the availability of these federal
funds be modified, changed or altered in any manner by action of the federal
government the COUNTY and the RECIPIENT agree that, the RECIPIENT's
Compensation as provided for in Section III Amount of Grant of. this
Agreement, can be modified and reduced, and/or the RECIPIENT's Time of
Performance, as provided for in Section X Timeliness of this Agreement, can be
modified or reduced. (RECIPIENT will be notified in writing, of any such
modification or reduction).
B. In the event of such modification or reduction, the COUNTY shall determine the
portion of the Agreement to be modified or reduced.
PF04083 2 $9,420
IV.
",-. ,
v.
r- I
,
C. The COUNTY shall distribute to SUB GRANTEE, in consideration of
SUB GRANTEE's undertaking to perform the PROJECT, a maximum of $9,420
(hereinafter "GRANT FUNDS "), to be paid in the manner set forth herein in Section
IX and in Exhibit "A". The obligation and utilization of GRANT FUNDS are subject
to the requirements and limitations imposed by the ACT and this Agreement.
D. This PROJECT shall be identified as CDBG Agreement No. PF04083 and CDBG
Activity No. PF08304 which identifying numbers shall be used by SUB GRANTEE
on all payment requests.~
SUBGRANTEE'S COMPLIANCE WITH THE ACT
A. SUBGRANTEE agrees to abide by the Act, and all HUD rules and regUlations
promulgated to implement the Act, as identified in Exhibit "B", Exhibit "C" and
Exhibit "F" attached hereto and made a part hereof.
B. SUB GRANTEE agrees and authorizes representatives of the COUNTY, the
Comptroller General of the United States, and HUD to have access, at all reasonable
time, to any portion of the PROJECT facilities to conduct on-site reviews, examine
personnel and employment records, financial records, records regarding the economic
and demographic characteristics ofbeneficiaries, and to conduct any other procedures
or practices to assure compliance with the provisions contained herein.
CONFLICT OF INTEREST PROHmITED
A. No officer, member of the governing body, employee, or agent of SUB GRANTEE;
no elected official of COUNTY, or any employee, agent or member of any board or
committee which exercises any control or direction over GRANT FUNDS; no
member or delegate to Congress of the United States; nor any other persons or public
official who exercises any functions or responsibilities with respect to the PROJECf,
or are in a position to participate in a decision making process or gain inside
information with regard to the allocation or use of GRANT FUNDS, shall obtain a
personal or financial interest or benefit from the PROJECT, or have any interest in
any contract, subcontract or agreement with respect thereto, or the proceeds
thereunder, either for themselves or those with whom they possess a family or
business relationship, during their tenure or for one year thereafter. Provided,
however, that the provisions of this section shall not preclude the use of GRANT
FUNDS to pay salaries of persons directly employed by SUB GRANTEE, and other
reasonable administrative expenses of SUB GRANTEE related to the PROJECT as
described in Exhibit" A".
B. Upon written request of COUNTY, HUD may grant, on a case by case basis, an
exception to the conflict of interest provisions set forth in Part 570.611 of24 CFR,
PF04083 $9,420 3
;/'"'
r
VI.
- A.
VII.
when it determines that such exception will serve to further the purposes of the ACT
and the effective and efficient administration of the PROJECT.
C. SUB GRANTEE shall incorporate or cause to be incorporated, in all contracts,
subcontracts or agreements associated with the PROJECT, provisions prohibiting
conflict of interests pursuant to this section.
RIGHTS TO SUBCONTRACT
SUB GRANTEE shall not subcontract all or any portion of the PROJECT without the
written authorization of the COUNTY. SUBGRANTEE may however employ
independent consultants; contract for legal, financial, accounting and other
professional services which may be required in the performance of the PROJECT
without the written approval of COUNTY.
B. SUB GRANTEE acknowledges that the duties, obligations, and responsibilities under
this Agreement are continuing, and no right or privilege inures to the
SUB GRANTEE to complete the PROJECT without complete compliance with the
aforementioned continuing duties and responsibilities. SUB GRANTEE shall insure
the inclusion of all applicable provisions of federal regulations and the terms and
conditions of this Agreement in every subcontract which it enters into, or which is
entered into by any of its contractors.
C. SUBGRANTEE shall provide COUNTY with a copy of any contract(s) or
agrèement( s) entered into by SUBGRANTEE involving GRANT FUNDS,
immediately upon execution of such contract or agreement.
ADMINISTRATION AND REPORTING REQUIREMENTS
A. SUB GRANTEE agrees to administer GRANT FUNDS in conformance with the
regulations, policies, guidelines and requirements of Title 24 CFR Part 570.502,
which include the uniform administrative requirements of the Office of Management
and Budget (hereinafter called "OMB") as set forth in Exhibit D attached hereto, as
they relate to the acceptance and use of federal funds for the PROJECT.
B. SUB GRANTEE agrees to account separately for the receipt and expenditure offunds
under this Agreement, and to complete and maintain books, records and other
documents related directly to "the receipt and disbursement of GRANT FUNDS,
including progt;am income, on a' cash or accrual basis. The records shall identify
adequately the source and application of all income and expenses of the PROJECT,
including those derived from sources other than COUNTY. The records shall
contain information pertaining to grant awards and authorizations, obligations,
unobligated balances, assets, liabilîties, outlays and income.
PF04083 $9,420 4
--
~'
r
C. SUB GRANTEE agrees to obtain and maintain records regarding the economic and
demographic characteristics of PROJECT beneficiaries as described in Exhibit "A".
D. SUB GRANTEE agrees to submit all required information to show compliance with
applicable laws~ rules and regulations, as specified in this Agreement, and shall
submit to the COUNTY quarterly financial, performance and progress reports, in the
form specified by COUNTY. Such reports shall provide for a narrative description
and quan~ifiable tabulation which:
1. Describes in measurable terms the actual accomplishment(s) of the
PROJECT to date, in relation to the implementation schedule.
2. Describes if the PROJECT is providing for the full scope of services
anticipated pursuant to this Agreement.
3. Identifies the number and characteristics of households and persons
benefiting from the PROJECT.
4. Identifies the number and monetary amount of contracts and agreements
SUB GRANTEE has entered into with traditional, minority, female, and
disadvantaged business enterprises.
5. Provides additional pertinent information, including, when appropriate,
analysis and explanation of cost overruns or high unit cost.
6. Describe steps SUB GRANTEE has taken or anticipates to take to address
delays in implementation of the project; failure to achieve the delivery of
service to the targeted population; or other problems which affect
SUB GRANTEE's ability to comply with the provisions of this Agreement.
E. SUB GRANTEE agrees to prepare and submit special and additional monthly
or quarterly reports as may be required by COUNTY to effectively
administer and monitor the PROJECT, to carry out its responsibilities, or
comply with requirements of the ACT.
F. SUB GRANTEE agrees to promptly inform COUNTY of any significant events
which may occur between the scheduled reporting periods which may materially
impair SUB GRANTEE's ability to complete the PROJECT as scheduled; or which
may enable SUB GRANTEE to complete the PROJECT at an earlier date, or at less
cost than anticipated.
G. SUB GRANTEE agrees that the provisions of this section shall apply for the period of
time in which SUB GRANTEE is a recipient of GRANT FUNDS for the PROJECT,
or the entire CDBG program fiscal year of the COUNTY through which GRANT
FUNDS were provided, whichever is greater.
PF04083 5 $9,420
,-' VIII. AUDITS
IX.
,r
-- f
A. SUB GRANTEE shall obtain a financial audit(s) at SUB GRANTEE's expense, the
cost of such audit(s) being an eligible expense of the PROJECT. Audits shall be
performed by an independent auditor in accordance with generally accepted
governmental auditing standards covering financial and compliance audits. Audits
shall include, in addition to the financial statement(s) of SUB GRANTEE, auditor's
comments regarding SUBGRANTEE's compliance and internal controls pertaining to
the expenditure of GRANT FUNDS.
B. SUB GRANTEES that are non-profit corporations will be required to comply with
OMB Circular A-IlO and A-133. Such SUB GRANTEES receiving less than
$300,000 pursuant to this Agreement, may undertake and provide a grant audit
following closeout of the PROJECT. All other SUBGRANTEES shall undertake and
provide an annual single audit report.
C. SUB GRANTEE shall submit one certified copy of each required audit report to
COUNTY no later than six months following the close of SUB GRANTEE's fiscal
year for single,audits; and not later than six months following PROJECT closeout for
grant audits.
BILLING PROCEDURES
A. The COUNTY shall not make disbursements to the SUBGRANTEE for expenditures
which have been incurred prior to the execution of the Subgrantee Agreement by
both parties and the issuance of a written Notice to Proceed by COUNTY. The
COUNTY shall not make any payments contemplated under this Agreement until the
environmental review process has been completed by the COUNTY in accordance
with the foregoing Environmental Review Procedures, nor may any costs be incurred
by the SUBGRANTEE until completion of the Environmental Review. The
SUBGRANTEE will be notified by the COUNTY when costs may begin to be
incurred through the issuance of a written Notice to Proceed.
B. All claims of SUB GRANTEE shall comply with the following requirements.
1. SUB GRANTEE shall submit a detailed listing of all GRANT FUNDS
requested on a form specified by COUNTY. SUB GRANTEE shall retain and
preserve for audit purposes all supporting documentation, including but not
limited to contracts, bids, time sheets, billings, invoices, vouchers, indirect
cost allocation plans, and other documents representing or supporting
accounts payable.
2. Any claim for GRANT FUNDS shall be limited to the amount necessary to
reimburse SUB GRANTEE for specific cash expenditures, or for cash
PF04083 $9,420 6
--
XI.
r
x.
.C.
B.
advances required to meet immediate needs of the PROJECT. GRANT
FUNDS shall only be provided as cash advances to SUB GRANTEE for
building rent. Any interest earned on GRANT FUNDS advanced to
SUB GRANTEE must be returned to COUNTY.
TIMELINESS
A. Time is of the essence of this Agreement. SUB GRANTEE shall be responsible for
undertaking PROJECT within a reasonable timefÌ'ame. If SUB GRANTEE does not
complete PROJECT within a twelve (12) month period, ~y extension is at the
discretion of the COUNTY.
B. . SUB GRANTEE shall complete all PROJECT activities, and submit required final
reports not later than twelve (12) months from the approved CDBG program year. In
the event of any alterations or additions or of circumstances beyond the control of the
SUB GRANTEE, which in the opinion of the COUNTY will require additional time
for completion of the PROJECT, than in that case, the time of completion may be
extended by COUNTY.
If SUB GRANTEE is delayed in the completion of the PROJECT by any cause
legitimately beyond its control, such that it cannot complete the PROJECT within
twelve (12) months of the date oftms Agreement, it shall immediately give written
notice to the COUNTY of the anticipated delay, the reasons therefore and request an
extension of time for completion of the PROJECT. Within thirty (30) days of its
receipt, COUNTY shall consider the request and recommend an extension of time as
is found by it, in the reasonable exercise of its discretion, to be required for
completion of the PROJECT due to the particular circumstances. The COUNTY
shall notify in writing the SUB GRANTEE of the time extension granted, or of its
denial of such request and its intention to exercise the remedies available herein,
including but limited to suspension of further payments. A revised impleri1entation
schedule shall be submitted by SUB GRANTEE if an extension is granted by the
COUNTY.
TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT
A. During the implementation of the PROJECT, COUNTY and SUB GRANTEE may
terminate this award for the convenience of both parties, in which case COUNTY
and SUB GRANTEE shall agree upon the termination conditions, including the
effective date; or in the event of partial termination, the portion to be terminated.
During the implementation ofthe PROJECT, COUNTY may, in its sole discretion,
suspend or terminate the contract for SUBGRANTEE's improper or ineffective use of
funds, failure to comply with any of the terms of the Agreement, submission of
incorrect or incomplete reports, or the occurrence of any circumstance rendering
PF04083 7 $9,420
XD.
r
\
impossible the performance of the contract. In the event that the COUNTY elects to
suspend its performance of the contract for any of the foregoing reasons, it shall
withhold payment of funds until such time as the violation or breach is remedied to
the satisfaction of the COUNTY. No action taken or withheld by the COUNTY
under this Section XI shall relieve SUB GRANTEE of the liability to the COUNTY
for any funds expended in violation of any of the terms of this Agreement, and
further provided that SUB GRANTEE shall indemnify the COUNTY for any claim
made or judgement obtained by the United States of America arising out of acts or
omissions or circumstances constituting violations of this Agreement.
C. In the event COUNTY elects to terminate this Agreement or to suspend payments for
any reason stated hereinabove in paragraph A and B of this Section XI, it shall notify
the SUB GRANTEE in writing of such action, specifying the particular deficiency, at
least five (5) working days in advance of any such action and establishing a time and
a place for the SUB GRANTEE to refute the alleged deficiency at a time prior to
COUNTY's taking such action. If in the opinion of the COUNTY, the alleged
deficiency continues to exist after the SUBGRANTEE has had the opportunity to
refute the alleged deficiency, the COUNTY may terminate the contract and withhold
payment of the GRANT FUNDS. No action taken or withheld by the COUNTY
under this paragraph shall relieve the SUB GRANTEE of its liability to the COUNTY
for any funds expended or obtained in violation of any of the terms of this
Agreement. .
SUB GRANTEE agrees to immediately repay any grant funds which are used for a
purpose otherwise specified in this Agreement including the cost of5% interest ftom
the date of the execution ofthe contract and all costs of collection, including actual
attorneys fees.
D.
RELIGIOUS INFLUENCE PROHmITED
A. .
SUB GRANTEE agrees that in connection with public services provided through the
PROJECT, it will not permit:
1. religious instruction, counseling or proselytizing; or
2. religious workshop or services; or
3. the exertion of religious influence in the provision of such public services.
B. If SUB GRANTEE is a religious or denominational institution or organization, or an
organization operated for religious purposes which is supervised or controlled by or
in connection with a religious or denominational institution or organization, it shall
execute the Conditions for Religious Organizations Certification which shall b~
attached as Exhibit "G".
PF04083 8 $9,420
C. SUB GRANTEE agrees that the provisions of this section shall apply for the period of
time in which SUB GRANTEE is a recipient of GRANT FUNDS for the PROJECT,
or the entire CDBG program fiscal year of COUNTY through which GRANT
FUNDS were provided, whichever is greater.
XIII. MISCELLANEOUS PROVISIONS
r
A. AMENDMENTS -- This Agreement, including attached Exhibits and their respective
attachments, constitutes the entire Agreement between the parties hereto. Any
proposed change in this Agreement shall be submitted to the other party for prior
approval. No modifications, additions, deletions, or the like, to this Agreement shall
be effective unless and until such changes are executed in writing by the authorized
officers of each party.
B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT -- This Agreement is
made subject to financial assistance agreements between the COUNTY and HUD,
with the rights and remedies of the parties hereto being in accordance with this
Agreement.
C. HOLD HARMLESS PROVISION -- SUB GRANTEE agrees to hold the CO~
harmless ftom and defend any claim, demand, loss or judgement arising out of its use
of the funds received under this Agreement, including, but not by way oflimitation,
any claim, demand, loss of judgement arising out of the construction of any facility,
the condemnation of any property or any action of SUB GRANTEE or any of its
officers, directors, employees, agents or designees which is alleged to have violated
the civil rights of any persons under the law or constitution of the United States or
the State of Wisconsin.
In the event of any violation or breach of this Agreement by SUB GRANTEE, misuse
or misapplication of funds derived ftom this Agreement by SUBGRANTEE, or any
violation' of the statutes, rules and regulations ofHUD, directly or indirectly, by the
SUBGRANTEE and/or any of its officers, director, employees, agents or
representatives, then SUB GRANTEE, to the extent pennitted by law, absent a
specific appropriation or budget, agrees to indemnify, and hold the COUNTY
harmless ftom any requirement to repay to HUD GRANT FUNDS previously
received by SUB GRANTEE for this PROJECT or penalties and expenses, including
attorney's fees and other costs of defense, resulting ftom such action or omission by
SUB GRANTEE.
D. ASSIGNMENT -- except as provided in Section VI hereof, SUBGRANTEE shall nat
assign this Agreement or any part thereof and SUB GRANTEE shall not transfer or
assign any GRANT FUNDS or claims due or become due hereunder, without the
written approval of the COUNTY having first been obtained.
PF04083 $9,420 9
.
E. ATTORNEY'S OPINION -- If requested, SUB GRANTEE shall provide an opinion
of its attorney, in a fonn reasonably satisfactory to the COUNTY's Corporation
Counsel, that all steps necessary to adopt this Agreement, in a manner binding upon
SUBGRANTEE, have been taken by SUBGRANTEE.
F. HEADINGS -- The section headings of this Agreement are for convenience and
reference only and in no way define, limit, or describe the scope or intent of this
Agreement, and should be ignored in construing or interpreting this Agreement.
G. ADMINISTRATION -- COUNTY's Community Development Block Grant
Coordinator shall be responsible for the day to day administration of this Agreement.
All correspondence, notices, billings, reports and inquiries regarding this Agreement
shall be directed to:
.
Waukesha County CDBG Coordinator
Community Development Block Grant Program
1320 Pewaukee Road
Waukesha, Wisconsin 53188-2428
H. FUTURE OBLIGATIONS OF COUNTY -- SUB GRANTEE shall not assume or
construe COUNTY's funding of this PROJECT to obligate COUNTY to provide
additional or future GRANT FUNDS to SUBGRANTEE to undertake the PROJECT
in subsequent years; or to obligate COUNTY to give preference or priority to
SUB GRANTEE in the consideration of, or funding offuture CDBG applications and
projects.
.
XIV. LOW AND MODERATE INCOME BENEFIT
xv.
GRANT FUNDS are being made available for the provision of services which are for the
exclusive benefit oflow and moderate income persons. SUB GRANTEE shall determine the
eligibility of program recipients through a verifiable application which shall be signed and
dated by the individual or the head or spouse of the family receiving PROJECT services.
The recipient's income eligibility shall be determined through the utilization of the definition
of income, and the income limits set forth in Exhibit "E" to this Agreement. The person's or
family's certification that infonnation given is complete, true and correct to the best of the
applicant's knowledge shall be sufficient documentation to permit SUB GRANTEE to
determine the economic characteristic of the person or family.
CLIENT DATA AND RECORDS
SUB GRANTEE shall maintain a separate file on each client served, the assistance provided,
and anyon-going services being provided. Client records must include gender, race, income,
handicap, family status, and head of household. SUBGRANTEE shall report on a quarterly
and cumulative basis all client assistance provided.
r
PF04083 $9,420 10
",--
XVI. EMPLOYEE TIMECARDS
SUBGRANTEE is required to maintain weekly (bi-weekly) time-records, which show actual
hours worked on CDBG activities, for each employee receiving compensation for salary with
CDBG funds.
.
XVll.PROGRAM INCOME
E.
r
A. SUB GRANTEE shall report to COUNTY any and all program income, as defined at
24 CFR Part 500 (a), which is directly generat~ through the provision of GRANT
FUNDS for the PROJECT.
B. Program income includes, but is not limited to any interest earned on program
income pending its disposition.
C. Program income does not include:
1. Proceeds from fund-raising activities carried out by SUBGRANTEE.
2. Gross income generated by SUB GRANTEE through other activities not
directly associated with the PROJECT.
3. That percentage of program income generated by the PROJECT which would
be proportionately attributable to the investment of funds other than GRANT
FUNDS.
4. That percentage of the proceeds of the sale of real property, equipment, loans
or other assets of SUBGRANTEE which are proportionately attributable to
the investment of funds by SUBGRANTEE, other than GRANT FUNDS.
D. SUBGRANTEE may retain program income received prior to project closeout,
provided that such income shall be treated as GRANT FUNDS pursuant to this
Agreement. SUB GRANTEE shall expend all program income in its possession prior
to requisitioning additional GRANT FUNDS to reimburse SUB GRANTEE for
PROJECT expenditures. Program income may not be escrowed by SUBGRANTEE
for future use. All program income received and expended by SUB GRANTEE must
be recorded as a financial transaction of the PROJECT.
All program income possessed by SUB GRANTEE at the time of the expiration of the
Agreement and closeout of the PROJECT, shall be returned to the COUNTY along
with accounts receivable which are attributable to GRANT FUNDS.
PF04083 $9,420 11
;--- XVIll. ASSET REVERSION
A. Upon expiration of the Agreement SUB GRANTEE shall transfer to COUNTY all
GRANT FUNDS in its possession, and any accounts receivable of the PROJECT
attributable to GRANT FUNDS.
B. At the time of PROJECT closeout, COUNTY shall detennine the appropriate
disposition of equipment purchased with GRANT FUNDS, COUNTY shall permit
SUB GRANTEE to retain title to such equipment, if SUB GRANTEE assures
COUNTY that it intends to continue the PROJECT for a period of not less than five.
years following closeout.
C. If SUBGRANTEE owns property that was acquired or improved with GRANT
FUNDS in excess of $25,000 and SUB GRANTEE subsequently disposes of or
changes the use of such property within five years following PROJECT closeout,
then SUB GRANTEE shall reimburse COUNTY in an amount that is equal to the fair
market value of the real property which is current at such time of disposition or
change in use, less that percentage of the value of the real property that is attributable
to the. investment of funds, other than GRANT FUNDS, in its acquisition and/or
improvement.
r-
XIX. FUNDING DISCLOSURE
SUB GRANTEE shall include on all promotional materials and place a sign in a prominent
place at the PROJECT crediting COUNTY and HUD for funding of the PROJECT including
the following statement:
"Funding for PROJECT has been provided, in part, by Waukesha County through the use of
Community Development Block Grant funds made available by the U.S. Department of
Housing and Urban Development."
xx. ADVERTISING
A.
B.
,........ (
SUB GRANTEE shall include in all advertising of the PROJECT's services that such
services are available to all persons regardless of race, color, religion, sex, handicap,
familial status, or national origin.
SUB GRANTEE shall take care to insure that its advertising publications and media
presentations do not contain words, phrases, symbols and forms that would convey
either overt or tacit discriminatory intent. Human models in photographs, drawings
or other graphic techniques may not be used to indicate exdusiveness on the basis of
race, color, religion, sex, handicap, familial status, or national origin.
PF04083 12 $9,420
r
I
r
C. SUB GRANTEE shall ascertain the extent to which non-English speaking low and
moderate income persons reside within its PROJECT area. SUB GRANTEE shan
prepare and distribute brochures in the language of non-English speaking persons
which may be concentrated in the PROJECT area who may be eligible for assistance
through the PROJECT. SUB GRANTEE, in the use of public media, shall not rely on
the exclusive of media catering to the majority population of the PROJECT area,
when in such area, there are also available non-English language or other minority
media.
PF04083 13 $9,420
--
EXHmlT "A"
PROJECT OVERVIEW
FOR FUNDING UNDER TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974 æUBLIC LAW 93-383. AS AMENDED)
SUBGRANTEE: City of Muskego
.
CONTRACT NO.: PF04083
PROJECT TITLE: ADA - mstoric Town Hall
FUNDING IS PROVIDED FOR ACCESSIBILITY TO THE HISTORIC SITE.
A.
--
r
SCOPE OF WORK
1. Subgrantee, in accordance with the Americans With Disabilities Act, shall increase
accessibility at the Historic Muskego Town Hall, to include handicap bathrooms and
ramps.
2. Subgrantee may use funds for the purchase of materials only, however, if any portion
of the construction work is to be paid with federal funds, labor standards are
applicable.
3. Subgrantee shall be responsible for all pennits, construction inspection and lien
WaIvers.
4. All work must be completed in accordance with the Americans With Disabilities Act.
LABOR STANDARDS REQUIREMENTS
1. Subgrantee must follow the federal Labor Standards requirements.
2. SPECIFICATIONS: (a - c must be included in your bid specifications).
a. Must include prevailing wage rate, which you must request from the CDBG
Coordinator at least two weeks prior to bidding.
b. Also must include federal contract provisions, which will be forwarded by the
CDBG Coordinator with prevailing wage rate.
c. Should describe in sufficient detail the work to be completed with specific
products to be incorporated or acceptable alternatives.
3. BIDDING:
All work MUST BEBID in confonnance with federal procurement requirements as
follows:
PF04083 $9,420 14
,"--
--
,~
b.
a.
c.
d.
Work to be completed < $2,000 can be obtained through small bid
procedures. Three bids (minimum) should be obtained ITom suppliers,
contractors / business to obtain and award lowest bid.
Work estimated at $2,001 - $10,000 may be bid under competitive
negotiations. Specifications are developed and sent to a minimum of three
(3) contractors to obtain bids. This direct solicitation with award to the
lowest 'qualified bidder.
Work over $10,000 must be bid under fonnal bid procedures including
newspaper advertisement, along with direct solicitation with award to the
lowest qualified bidder.
,
Procedure b and c must indicate that FH / EO and federal prevailing wages
are applicable in any bid document.
4. ADVERTISING:
5.
a
b.
Is required under fonnal advertising > $1~,000.
Must include the following; "payment of federal prevailing wages and FH /
EO requirements are applicable."
LABOR STANDARD:
All work over $2,000 requires the payment of federal prevailing wages for work
perfonned. You must:
b.
a. Request a prevailing wage decision from the CDBG staff at least two weeks
prior to bidding for inclusion into the bid specifications document.
Hold a pre-construction conference prior to work beginning for review of
federal requirements.
Obtain ITom contractors weekly payrolls (these can be directly forwarded to
the County).
PAYMENTS: 6.
a.
b.
c.
PF04083
c.
Payments for work completed are determined by your contract generally 2 at
50% completion and balance when final work is approved.
Submit County Reimbursement Fonn with a copy of Contractor invoice.
Payment will be made within 10 days provided payroll fonns are completed.
15 $9,420
,-
--
D.
('
d Also forwarded along with the initial Payment Request or provided at the
pre-construction conference:
1.
2.
3. .
Bid Summary
CopyofConttactorContract
Signed Conttact Provision Form
GOALS:
Period I: January I-Apri130, 2004
1. Sub grantee shall develop plans and specifications for increasing
accessibility to the buildings at the Muskego Historic Town Hall.
Subgrap.tee shall bid and award the lowest qualified bidder.
Subgrantee shall obtain permits as needed.
2.
3.
Period 11: May I-August 31,2004
1. Sub grantee shall complete accessibility and obtain lien waivers.
B. PROJECT BUDGET (ATTACHED & MADE PART OF THIS AGREEMENT)
ACTIVITY GRANT FUNDS
Construction $9.420
$9,420 TOTAL
C. SPECIAL CONDITIONS
NONE
IMPLEMENTATION SCHEDULE
The Community Development Block Grant Program Year begins January 1 and ends on
December 31. Your conttact is written for a period of one year which may at the discretion
ofCDBG Board be extended. Quarterly Reports will be required to be submitted and will be
utilized to determine project progress. You will be expected to make reasonable progress
during the program year.
PF04083 16 $9,420
,-
r
('
E. PROGRAM PARTICIPANTS
The U.S. Department of Housing and Urban Development requires municipalities to execute
Cooperation Agreements to participate in the CDBGprogram. Beneficiaries of your projects
must be residents of the following participating municipalities:
Cities: Brookfield, Delafield, Muskego, New Berlin, Oconomowoc, Pewaukee and
Waukesha
Big Bend, Butler, Dousman, Eagle, Elm Grove, Hartland, Lac La Belle,
Lannon, Merton, Mukwonago, Nashotah, North Prairie, Pewaukee, Sussex
and Wales
All Waukesha County towns
Villages:
Towns:
PF04083 17 $9,420
--
-
D.
E.
r
EXHmIT ttB"
SUBGRANTEEASSURANCES
FOR FUNDING UNDER TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974 (pUBLIC LAW 93-383. AS AMENDED)
The SUB GRANTEE hereby assures and certifies that it will comply with the regulations, policies,
guidelines and requirements with respect to the acceptance and use ofCDBG funds in accordance
with the ACT; that the PROJECT will be conducted and administered in conformity with the ACT,
and Part 570 of Title 24 of the Code of Federal Regulations and with all other applicable federal,
state and local laws and regulations which may apply to the PROJECT.
The SUB GRANTEE further certified with respect to the PROJECT that:
A. It possessed legal authority to make an application submission to the COUNTY and to
execute a Subgrantee Agreement.
B. Its governing body has duly adopted or passed as an official act, a resolution, motion or
similar action authorizing the person identified as the official representative of the
SUB GRANTEE to execute the Agreement, all understandings and assurances contained
herein, and directing the authorization of the person identified as the official representative of
the SUB GRANTEE to act in connection with the execution of the Agreement and to provide
such additional information as may be required.
c. It has developed its PROJECT so as to give maximum feasible priority to activities which
benefit low.and moderate income families;
It will establish safeguards to prohibit employees from using their positions for purposes that
will or may give the appearance of being motivated by a desire for private gain for
themselves or others, particularly those with whom they have a family, business or other ties.
The PROJECT will be conducted and administered in compliance with:
1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing
regulations issued at 24 CFR Part 1, which provides that no person in the United
States shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied benefits of, or subjected to discrimination under any
program or activity receiving Federal financial assistance.
2. Title VIII of the Civil Rights Act of 1968 (pub. L. 90-208), as amended and the
Fair Housing Amendments Act of 1988 (Public Law 100-430); which prohibits
discrimination upon the basis of race, handicap, familial status, color, religion, sex or
national origin, in the sale, lease, or rental of residential property, or in the use or
occupancy of such land or any improvements erected or to be erected thereon, and
providing that the SUB GRANTEE, COUNTY and the United States are beneficiaries
of and entitled to enforce such covenant.
PF04083 $9,420 18
(,.,.-
SUB GRANTEE agrees to administer all programs and activities relating to housing
and community development in a manner to affirmatively further fair housing; and
will take action to affirmatively further fair housing in the sale or rental of housing,
the financing of housing, and the provision of brokerage services within its
jurisdiction.
3. Executive Order 11063 - Equal Opportunity in Housing, as amended by
Executive Order 12259, and implementing regulations at 24 CFR Part 107,
concerning nondiscrimination because of race, color, religion (creed), sex, or national
origin, in the sale, leasing, rental or other disposition of residential property and
related facilities (including land to be developed for residential use), or in the use of
occupancy thereof, if such property and related facilities are, among other things,
provided in whole or in part with the aid ofloans, advances, grants, or contributions
made with federal monies.
4. Section 109 of the Housing and Community Development Act of 1974, as
amended; and the regulations issued pursuant hereto (24 CFR 570.601),which
provides that SUBGRANTEE shall not exclude from participation in, deny the
benefits of, nor subject to discrimination any person, on the ground of race, color,
national origin, or sex, in connection with the PROJECT funded in whole or in part
pursuant to this Agreement.
5. The National Environmental Polley Act of 1969 (p.L. 91-190) and implementing
regulations at.40 CFR Part 1500; and Sections 104(g) and 104(t) of the Act and
implementing regulations at 24 CFR Part 58 which requires an assessment of the
PROJECT to evaluate the potential for significant environmental impacts, and the
determination of any measures and actions which are required to mitigate potential
adverse impacts.
Any contract or agreement for the sale, lease, or other transfer, of land acquired,
cleared or improved with assistance provided under this Agreement shall contain, if
such land is located in an area identified by HUD as having special flood hazards and
in which the. sale of flood insurance has been made available under the National
Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., provisions
obligating the transferee and its successors or assigns to obtain and maintain, during
the ownership of such land, such flood insurance as required with respect to financial
assistance for acquisition or construction purposes under Section 1 02(a) of the Flood.
Disaster Proteétion Act of 1973. Such provisions shall be required notwithstanding
the fact that the construction on such land is not itself funded with assistance
provided under this Agreement. SUB GRANTEE will comply with the provisions of
Executive Order 11396, relating to flood hazards to the extent that such provisions
are in addition to, or more stringent than, the foregoing.
6. Executive Order 11246 - Equal Opportunity, as amended by Executive Orders
11375 and 12086, and implementing regulations issued pursuant thereto (41 CFR
Chapter 60) which provide that no person shall be discriminated against on the basis
PF04083 19 $9,420
,-- ;
of race, color, religion, sex, or national origin in all phases of employment during the
perfonnance of Federal or federally assisted construction contracts. As specified in
Executive Order 11246 and the implementing regulations, contractors and
subcontractors on Federal or federally assisted construction contracts shall take
affinnative action to ensure fair treatment in employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or tennination, rates of pay, or
other fonns of compensation and selection for training and apprenticeship.
7. Section 3 of the Housing and Urban Development Act of 1968 (123 U.S.C.
1701u), as amended, the HUDregulations issued pursuant thereto at 24 CFR Part
135, and any applicable rules and orders ofHUD issued thereunder. Section 3 of the
Act requires, in connection with planning and carrying out any project pursuant to the
Act, that to the greatest extent feasible opportunities for training and employment be
given to lower income residents of the project area or labor surplus areas of the
Milwaukee SMSA; and contracts for work in connection with the PROJECT be
awarded to eligible business concerns which are located in or owned in substantial
part by, persons residing in the area of the PROJECT, and minority owned, female
owned and disadvantaged business located in the Milwaukee SMSA.
8. The relocation requirements of Title II and the acquisition requirements of Title III of
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, and the implementing regulations of 24 CFR Part 42; and 24
CFR Part 570.06 requiring the payment of relocation expenses or the provision of
optional relocation assistance to any family, individual, business, non profit
organization or fann which is displaced by the PROJECT; and the one-for-one
replacement of any low and/or moderate income housing which is demolished or
converted to a use other than housing affordable to low and/or moderate income
persons or families, as a direct result of the PROJECT.
9. This Agreement is subject to The National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470), which provides for protection of properties of historical,
architectural, archaeological and cultural significance at the national, state and local
levels. Section 106 of the National Historic Preservation Act requires that any
federally assisted undertakings affecting properties included or eligible for inclusion
in the National Register of Historic Places be submitted to the Advisory Council and
Historic Preservation for review and comment prior to approval of any such
undertaking.
.
The Age Discrimination Act of 1975, as amended, (p.L. 94-125) and any other
regulations hereafter issued pursuant thereto. SUB GRANTEE shall not exclude ftom
participation in, deny the benefits, of, nor subject to discrimination any person on the
basis of age, except as provided by Sections 304(b) and 3048 of said Act, in
connection with the program project or activity funded in whole or in part pursuant to
this Agreement.
10.
11. Section 504 of the Rehabilitation Act of 1973, as amended (P.L. 93-112) and
implementing regulations issued at 24 CFR Part 8. SUBGRANTEE shall not
PF04083 20 $9,420
r
I
r
exclude fÌ"om participating in, deny the benefits of, nor subject to discrimination any
otherwise qualified handicapped individual, as defined in Section 7(6) of said Act, in
connection with the program project or activity funded in whole or in part pursuant to
this Agreement.
12. Americans With Disability Act of 1990, provides comprehensive civil rights
protections to individuals with disabilities in the areas of employment, public
accommodations, state and local government services and telecommunications.
PF04083 21 $9,420
EXHIBIT "C"
EQUAL OPPORTUNITY CERTIFICATE
FOR FUNDING UNDER TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974 (pUBLIC LAW 93-383, AS AMENDED)
,--
SUB GRANTEE, in the perfonnance under this Agreement, hereby assures and certifies that;
A.
B.
D.
.--
E.
r
No person shall, on the grounds of race, color, religion, sex, age, handicap or national
origin, be excludedftom participating in, be denied the benefits of, or be subjectedto
discrimination under, any program or activity financed with GRANT FUNDS.
It will not establish or maintain, or permit contractors to establish or maintain
facilities segregated on the basis of race, color, religion, sex, age, national origin, or
handicap, except where permitted or required by law.
C.' It will take affinnative action to promote equal employment opportunity through
positive measures designed to infonn and recruit women for non-traditional female
positions, racial minorities and handicapped persons with a goal to develop a
heterogeneous workforce, with such affinnative action including, but not limited to
recruitment, advertising, employment, promotion, selection for training, including
apprenticeship, and the maintenance of a work environment ftee of harassment,
intimidation and coercion.
It will not discriminate against any employee or job applicant based on race, color,
religion, sex, age, handicap or national origin (except where discrimination may be
explicitly permitted by law) in recruiting; testing; employment or recall; upgrading;
demotion; transfer; layoff or tennination; rates of payor other fonns of
compensation; selection for training, including apprenticeship; job assignment or
classification; leaves of absence, sick leave or any other leave; provision of mnge
benefits; participation in employee sponsored activities, including social or
recreational programs; or any other term, condition or privilege of employment.
It agrees to take affinnative steps to assure that minority owned, female owned, and
small disadvantaged businesses are afforded an opportunity to bid on any work to be
subcontracted pursuant to this Agreement. Affinnative steps shall include:
1. Placing qualified minority owned, female owned, and disadvantaged
businesses on its solicitation or contractor lists, and assuring that such
businesses are solicited whenever they are potential sources of products or
ServIces;
,
2. Dividing total requirements into smaller tasks or quantities so as to permit
maximum minority, female and disadvantaged business' participation,
whenever economically feasible;
PF04083 22 $9,420
.-'
r
.
3. Establish delivery schedule which will encourage participation by minority,
female and disadvantaged businesses, whenever possible;
4. Require prime contractors, if subcontracts are to be let, to take affirmative
steps detailed in paragraphs E(I) through E(3) of this Exhibit "C".
F. It will post in conspicuous places, available to employees, applicants, or any member
of the public, notices setting forth the provisions of nondiscriminatory clauses
contained herein.
G. It will incorporate or cause to be incorporated into any Contract, loan, grant insurance
or guarantee involving Federally assisted construction work, or modification thereof,
which is paid for in whole or in part with GRANT FUNDS, the language contained
in HUD Equal Employment Opportunity Regulations at 42 CFR 130.15(b); and
incorporate or cause to be incorporated by reference Title VI of the Civil Rights Act
of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11246, as
amended by Executive Orders 11375 and 12006, and implementing regulations
issued in 41 CFR Chapter 60, and assurances of compliance with HUD regulations at
24 CFR Part 8, Subpart B.
H. It will assist and cooperate actively with the COUNTY, HUD and the Secretary of
the U.S. Department of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations and
relevant orders of the Secretary of the U.S. Department of Labor.
I. It will furnish the COUNTY, HUD and the Secretary of the U.S. Department of
Labor such information as they may require for the supervision of such compliance,
and will otherwise assist the COUNTY and HUD in the discharge of primary
responsibility for securing compliance.
J. It will re&ain &om entering into any contract or contract modification subject to
Executive Order 11246 of September 24, 1965, with a contractor debarred &om or
who has not demonstrated eligibility for government contracts and Federally assisted
construction contracts pursuant to the Executive Order.
PF04083 23 $9,420
,-.
r
r
K. It will carry out such sanctions and penalties for violation of the equal opportunity
clause as may be imposed upon contractors and subcontractors by the Secretary of
the U.S. Department of Labor, the COUNTY or HUD.
L. In the event that SUB GRANTEE fails or refuses to comply with this Exhibit C,
COUNTY or HUD may take any or all ofthe following actions: cancel, terminate or
suspend in whole or in part this Agreement; refrain from extending any further
assistance to the SUB GRANTEE until satisfactory assurance of future compliance
has been received; and/or refer the case to BUD for appropriate legal proceedings.
PF04083 24 $9,420
---
EXHIBIT "D"
UNIFORM ADMINISTRATIVE REOUIREMENTS FOR
NON-PROFIT ORGANIZATIONS.
FOR FUNDING UNDER TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974 (pUBLIC LAW 93-383. AS AMENDED)
SUB GRANTEE shall comply with the requirements and standards of OMB Circular No. A-I22,
"Cost Principles for Non-Profit Organizations" or OMB Circular No. A-21, "Cost Principles for
Educational Institutions," as applicable, and the following attachments to OMB Circular No. A-II 0:
-
G.
r
I
A. Attachment A, "Cash Depositories," except for paragraph 4 concerning deposit
insurance;
B. Attachment B, "Bonding and Insurance";
C. Attachment C, "Retention and Custodial Requirements for Records," except that in
lieu of the provisions in paragraph 4, the retention period for records pertaining to
individual CDBG activities starts from the date of submission of the annual
perfonnance and evaluation report, as prescribed in 570.507, in which the specific
activity is reported on for the final time;
D. Attac~ent F, "Standards for Financial Management Systems";
E. Attachment H, "Monitoring and Reporting Program Perfonnance, " paragraph 2;
F. Attachment N, "Property Management Standards", except for paragraph 3 concerning
the standards for real property and except that paragraphs 6 and 7 are modified so
that in all cases in which personal property is sold, the proceeds shall be program
income and that personal property not needed by the subrecipient for CDBG
activities shall be transferred to the recipient for the CDBG program or shall be
retained after compensating the recipient; and
Attachment 0, "Procurement Standards".
PF04083 25 $9,420
--
EXHIBIT "E"
DEFINITION OF FAMILY. INCOME. ASSETS
LOW INCOME AND MODERATE INCOME PERSONS AND FAMILIES
FOR FUNDING UNDER TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974 æUBLIC LAW 93-383. AS AMENDED)
SUB GRANTEE shall utilize and adhere to the following definitions in the administration of the
PROJECT pursuant to this Agreement.
A. FAMILY
A family consists of:
1." A single person with no dependents.
2. Two or more persons sharing residency who share an immediate relationship created.
by blood, marriage or operation of law (Le. spouse, child, brother, sister, parents,
mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent,
grandchildren, and "step" relations).
3. Two or more persons sharing residency whose income and resources are jointly
available to meet the family's needs.
r
B. INCOME
Income means total amount of income anticipated to be received by all members of the
family, including all net income derived ITom assets, for the twelve month period following
the date of application or certification, exclusive of certain types of income defined herein:
1. Income includes, but is not limited to:
a. The full amount, before any payroll deduction of wages and salaries,
including compensation for overtime, and other compensation for personal
services (such as commissions, fees, tips, and bonuses).
b. Net income ITom operation of a business or profession (expenditures for
business expansion or amortization of capital indebtedness and an allowance
of depreciation of capital assets shall not be deducted to determine net
income ITom a business).
c. Interest, dividends and net income of any kinds ITom real or personal
property.
r
PF04083 26 $9,420
,"--
,-
j.
c.
d.
e.
f.
g.
h.
I.
k.
1.
ASSETS
The full amount received from annuities, periodic payments from insurance
policies, retirement income, pension, periodic benefits for disability or death,
and other similar types of periodic receipts; including a lump sum payment
for the delayed start of a periodic payment.
Payments in lieu of earnings, such as unemployment and disability
compensation, social security benefits, worker's compensation and
termination payments.
Periodic and determinable allowances, such as alimony and regular
contributions or gifts.
Payments to the head of the household for support of a minor, or payments
nominally to a minor for his support but controlled for his benefit by the head
of the household or a resident family member other than the head, who is
responsible for his support (i.e. social security, SSI benefits, court ordered
child support payments).
Portions ofG.I. Bill payments and educational scholarships which exceed the
cost of tuition, fees, books and associated materials.
Amounts of wages received from programs funded until Title V of the Older
Americans Act.
Amounts received by a disabled person that are disregarded in determining
Supplemental Security Income (SSI) eligibility and benefits because they are
set aside under a plan to achieve self-support (PASS).
Amounts paid by the family for the care of children, or sick or incapacitated
family members when determined to be necessary for employment of the
head or spouse, provided the amount deducted does not exceed the amount of
income received by the family member thus released. This deduction in the
determination of income does not apply when the family is reimbursed by an
employer, government agency, health insurance, or court judgement.
Court ordered child support or alimony payments made to or for persons not
residing in the household.
Assets are defined as the value of equity in real property, savings, stocks, bonds and
other forms of capital investment, excluding interests in Indian trust land. The value
of necessary items of personal property, such as furniture and automobiles shall be
excluded. (In cases where a trust fund has been established and the trust is not
PF04083 27 $9,420
II"""""'
revocable by, or under the control of, any member of the family or household, the
. value of the trust fund will not be considered an asset so long as the fund continues to
be held in trust.) Any income distributed from the trust fund shall be counted as
mcome.
The value of any asset disposed of by an individual or family for less than fair market
value (including a disposition in trust, but not in a foreclosure or bankruptcy sale)
during the two years preceding the date of application of a person or family for any
direct service or financial assistance, in excess of the financial consideration actually
received, shall be considered as a continuing asset of the individual or family. In the
case of a disposition as part of a divorce or separation settlement, the disposition will
not be considered to be for less than the fair market value, if the person receives
important consideration not measurable in dollar terms.
D. LOW INCOME AND MODERATE INCOME FAMILIES
A low income person or family is defined as one whose income~ adjusted by family
size, does not exceed fifty percent of the Milwaukee SMSA's median income. A
moderate income person or family is defined as one whose income, adjusted by
family size, exceeds fifty percent but does not exceed eighty percent of the
Milwaukee SMSA's median income. Median income and adjusted income limits for
individuals and families of various sizes shall be determined by HUD. The following
maximum income limits are in effect as of the date of execution of this Agreement.
Such income limits shall remain in effect until adjusted pursuant to a written
. amendment as set forth in Section XII "A" of the Agreement.
Low Income Family*
$23,500
. $26,900
$30,250
$33,600
$36,300
$39,000
$41,650
$44,350
Moderate Income Family
$37,650
$43,000
$48,400
$53,750
$58,050
$62,350
$66,650
$70,950
** 80% County Median
Family Size
1
2
3
4
5
6
7
8
* 50% County Median
PF04083 28 $9,420
EXHIBIT "F"
CERTIFICATION REGARDING LOBBYING
FOR FUNDING UNDER TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974 æUBLIC LAW 93 - 383. AS AMENDED)
SUB GRANTEE certifies that:
A.
r
I
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an eniployee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with this Agreement, the undersigned shall
complete and submit Standard Fonn-LLL, "Disclosure Fonn to Report Lobbying", in
accordance with îts instructions.
C. SUB GRANTEE shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accòrdingly.
PF04083 29 $9,420
,-
EXHmIT "G"
CERTIFICATION AND ACKNOWLEDGMENT OF CONDITIONS
FOR RELIGIOUS ORGANIZATION
FOR FUNDING UNDER TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974 (pUBLIC LAW 93-383. AS AMENDED)
The signatory understands and agrees that it is a SUBGRANTEE of the Community Development
Block Grant Program of the COUNTY. The signatory also agrees that in addition to, and not in
substitution for, other provisions of this Agreement regarding the provision of public services with
CDBG funds pursuant to Title I of the Housing and Community Development Act of 1974, as
amended, the SUBGRANTEE:
A. Represents that it is, or may be deemed to be, a religious or denominational
institution or organization or an organization operated forreligious purposes which is
supervised or controlled by or in connection with a religious or denominational
institution or organization.
B. Agrees that, in connection with such public services:
1. It will not discriminate against any employee or applicant for employment oil
the basis of religion and will not limit employment or give preference in
,
employment to persons on the basis of religion;
,
2. It will not discriminate against any persons applying for such public services on
the basis of religion and will not limit such services or give preference to
persons on the basis of religion;
3. It will provide no religious instruction or counseling, conduct no religious
worship or services, engage in no religious proselytizing, and exert no other
religious influence in the provision of such service;
4. The funds received under this Agreement shall not be used to construct,
rehabilitate, or restore any facility which is owned by the SUBGRANTEE and
in which the public services are to be provided; Provided that, minor repairs may
be made if such repairs (1) are directly related to the public services, (2) are
located in a structure used exclusively for non-religious purposes, and (3)
constitute in dollar terms only a minor portion of the CDBG expenditure for the
public services.
SUBGRANTEE further agrees that in the event that SUBGRANTEE fails or refuses to comply with
the provisions set forth in this certification, the COUNTY or HUD may take any or all of the
following actions:
A. Cancel, terminate or suspend in whole or in part this Agreement.
r
PF04083 30 $9,420
B. Refrain fTom extending further assistance to SUB GRANTEE until satisfactory
assurance of future compliance has been received.
C. Undertake administrative or legal proceedings to obtain reimbursement of GRANT
FUNDS disbursed by COUNTY to SUBGRANTEE.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates
recited below, to include as a part of this Agreement and all Exhibits included.
COUNTY OF W AUKESHA, a body politic
in the State of Wisconsin
BY:
County Executive
DATE:
ATTEST:
County Clerk
.~
SUBGRANTEE: City of Muskego
BY:
TITLE:
DATE:
ATTEST:
The CONTRACT must be executed by an Officer ofthe Board of Directors ofthe SUB GRANTEE
(President, Vice-President, Secretary or Treasurer) unless the Executive Director or other party is
authorized to execute CONTRACTS on behalf of the SUB GRANTEE.
r
PF04083 31 $9,420