Loading...
HomeMy WebLinkAbout22. 20-186 APRIL 28, 2020 20-186 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER OSHKOSH HEALTHY NEIGHBORHOOD, INC. INITIATED BY: COMMUNITY DEVELOPMENT WHEREAS, the City of Oshkosh, and Greater Oshkosh Healthy Neighborhoods, Inc. (GO-HNI) desire to work together to improve the quality of life in neighborhoods throughout the City of Oshkosh by funding the Good Neighbor Grant; and WHEREAS, GO-HNI and the City, will approve applications from homeowners in recognized Neighborhood Associations of the City of Oshkosh to improve and beautify neighborhoods; and WHEREAS, the City will contribute $20,000 to said program through Healthy Neighborhoods Initiative Funding. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Memorandum of Understanding for the Good Neighbor Grant Program with Greater Oshkosh Healthy Neighborhoods, Inc. is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. BE IT FURTHER RESOLVED that the Common Council of the City of Oshkosh hereby approves contributing $20,000 in 2020 as a partner organization to the Good Neighbor Grant Program. Funds for this are hereby appropriated from Healthy Neighborhoods Funding. a c. Grs t. ! f o` Oshkosh TO: Honorable Mayor and Members of the Common Council FROM. Allen Davis, Community Development Director DATE. April 23, 2020 RE. Approve Memorandum of Understanding with Greater Oshkosh Healthy Neighborhoods Incorporated for the Good Neighbor Grant Program ($20,000) BACKGROUND The City's Strategic Plan has identified Neighborhood Revitalization as a continuing goal, the City been working with Greater Oshkosh Healthy Neighborhoods Inc. (GOHNI) on many elements of the objectives and tasks. GO-HNI is a neighborhood focused, Public-Private Partnership, as identified in the City's Strategic Plan. GO-HNI has been successful in creating and tending neighborhood associations and creating projects and events that enhance the image, physical conditions, and market for Oshkosh neighborhoods. GO-HNI has also been an active participant in the ONE Oshkosh, National Neighborhood Night Out, Rock the Block (working with Habitat for Humanity and the City), and many neighborhood events throughout the City The most recent project GOHNI has been working on is the Good Neighbor Grant Program. GOHNI is hoping to improve 60 houses over the next three years would result in about 20 house improvement projects per year ANALYSIS GO-HNI has been working with private donors through the Oshkosh Area Community Foundation (OACF) to start this program. The proposed program would include $25,000 from private donations through the OACF and $15,000 from property owners to create an additional$40,000 in private funds for the property improvement programs with this grant program. The City's $20,000 would come from the Healthy Neighborhoods budget. State Code requires at least 80% of these funds must be spent for "affordable housing" All the other City housing programs that total over$500,000 per year in the Healthy Neighborhoods fund meet the affordable housing requirement. The proposed $20,000 in Good Neighbor Grants, spread over 3 years, from the City would not meet the affordable housing criteria, but City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us the proposed Good Neighbor Grant program would only total about 1.3% of Healthy Neighborhood funding. FISCAL IMPACT The proposed City investment would be a total of$20,000 for the next three years. The City funds budgeted in the adopted 2020 Operations Budget—Healthy Neighborhood Initiative comes from the additional TIF funds the City has generated. There is no impact on the General Fund. The Term for the MOU would be for three years. The City's investment of$20,000 in 2020 would not affect future Healthy Neighborhood Initiative budget years. RECOMMENDATION The City Council approves the Memorandum of Understanding with Greater Oshkosh Healthy Neighborhoods Incorporated for the Good Neighbor Grant program. Submitted, Approved: Allen Davis Mark A. Rohloff Community Development Director City Manager City Hall,215 Church Avenue P O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING ("MOU") is by and between GREATER OSHKOSH HEALTHY NEIGHBORHOODS, INCORPORATED, a Wisconsin Non-Stock Corporation ("GO-HNI") and the CITY OF OSHKOSH ("CITY'), collectively the "Parties" WHEREAS, an anonymous private donor through the Oshkosh Area Community Foundation ("OACF") wishes to support Neighborhood Beautification in Oshkosh with an initial contribution of Twenty-Five Thousand Dollars ($25,000.00); WHEREAS, the Parties desire to work together to improve the quality of life in neighborhoods throughout the City of Oshkosh by funding the Good Neighbor Grant Program under the terms and conditions of this Agreement. NOW THEREFORE, for consideration as described herein the Parties hereto agree as follows: I. Purpose. GO-HNI and CITY will approve up to sixty (60) applications from homeowners in recognized Neighborhood Associations of the City of Oshkosh, to improve and beautify neighborhoods. 11. Term. The term of this MOU shall be for three (3) years commencing on March 15, 2020 and terminating on March 15, 2023. III. Periodic Meetings. The Parties (via a taskforce) shall conduct periodic meetings as agreed upon, but not less than once per year. The role of the taskforce is to review applications and maintain public records. The taskforce shall also cooperate with any audit as necessary. IV. Contributions. The Parties shall provide the following: a. CITY: i. A contribution of Twenty Thousand Dollars ($20,000.00) due on or before May 1, 2020; ii. Research and data pertaining to census tracts and population, age and condition of structures, condition of public infrastructure and other pertinent information as shown by official CITY records; iii. Technical support and assistance to include, but not limited to, grant applications, maps, equipment, inspections services, and regulatory compliance; and Page 1 of 6 b. GO-HNI: i. Holding of the following Assets: 1 . Twenty-Five Thousand Dollars ($25,000.00) donation through the OACF on behalf of the anonymous private donor; and 2. Twenty Thousand Dollars ($20,000.00) contribution from the CITY. ii. Record the Fifteen Thousand Dollars ($15,000.00) in expenditures from private residents as utilized for the Good Neighbor Grants. iii. Develop the application and timeline for the sixty (60) grants which are initially scheduled for twenty (20) grants of ($750.00) each per year over a three-year period. This may be adjusted upon mutual consent of the Parties. iv. Provide progress reports to funders and partners on an annual basis. V. Grant Funding Guidelines: Revenue designated (1) for the Good Neighbor Grant Program, and (2) received from donations, grants or sources other than as specifically identified above shall be allocated as agreed by the Parties. For each Seven Hundred Fifty Dollar ($750.00) Good Neighbor Grant, GO-HNI will reimburse the applicant up to Seven Hundred Fifty Dollar ($750.00) after the applicant has paid the first Two Hundred Fifty Dollars ($250.00) of the project. Receipts and before/after pictures will be required. VI. Independent Contractor. GO-HNI is and shall be deemed to be at all times acting and performing as an independent contractor and the personnel provided hereunder shall be employees of the party providing the employees. The party receiving the leased employees will not pay any sums for income tax, workers' compensation, unemployment insurance, social security or any other withholding pursuant to any law or requirement of any government body. All such payments, withholding and benefits are the sole responsibility of the party providing the employees. Page 2 of 6 GO-HNI represent and warrant that any personnel provided have and will be at all times during the term of this MOU treated as their employees for all F.I.C.A. tax, withholding tax, unemployment tax, and insurance purposes. The City of Oshkosh shall not be a participant in the provisions of this paragraph of the Agreement, no employees or contractors of either entity shall be considered for any purpose employees of the City of Oshkosh, and the City of Oshkosh shall bear no responsibility for the compensation or benefits for any employee hired hereunder. VI I. Indemnification. GO HNI hereby indemnify, defend and hold the CITY harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property, including reasonable attorneys' fees (collectively, "Losses"), suffered or incurred by any party to the extent caused by the following: (a)the acts or omission of that party (or its officers, employees, agents, suppliers, or subcontractors while acting within the scope of their employment or service to Corporation) in connection with this Agreement; or (b) the failure of the Party or its contractors, subcontractors, agents, employees, or invitees to comply with any law, rule, regulation or ordinance, or any order of any regulatory or administrative authority in connection with this Agreement. Subject to any limitations contained in Secs. 893.80, 893.83, 345.05, and any similar statute, of the Wisconsin Statutes, City hereby indemnifies, defends and holds GO HNI harmless from any and all Losses, suffered or incurred by those parties to the extent caused by the following: (a) the acts or omission of CITY (or its employees, agents or contractors while acting within the scope of their employment or service) in connection with this Agreement; or (b) the failure of CITY or its employees, agents or contractors to comply with any law, rule, regulation or ordinance, or any order of any regulatory or administrative authority in connection with this Agreement. Nothing contained within this agreement is intended to be a waiver or estoppel of the ability of the contracting municipality or its insurer to rely upon the limitations, defenses, and immunities contained within Wisconsin law, including those contained within Wisconsin Statues §§ 893.80, 895.52, and 345.05 and that such damage limits, caps and immunities shall be used to govern all disputes, contractual or otherwise, as they apply to the parties, their agents, officers and employees. To the extent that indemnification is available and enforceable, the municipality or its insurer shall not be liable in indemnity or contribution for an amount greater than the limits of liability for municipal claims established by Wisconsin Law. It is the intention of the parties to this Agreement that each party shall be solely responsible for its own actions and activities and the actions and activities of its own officers, employees and agents while acting within the scope of their Page 3 of 6 employment or service. VIII. Interpretation. This MOU shall be governed by the laws of the State of Wisconsin. IX. Assignment. This MOU may be assigned, only upon written consent of both parties. X. Benefit. All of the terms and conditions of this MOU shall inure to the benefit of and shall be binding upon the parties hereto, their respective successors, heirs, and assigns. XI. Public Records. Any document related to this agreement, whether in electronic or paper form, is considered a public record and shall be provided to the City upon request. GO-HNI may provide the City with an explanation of why they believe any document should not be released to the public which the City shall consider in making any determinations whether to release the document under the Public Records Law. The City shall make all final determinations regarding the existence or release of any document related to this agreement. XII. Audits. Go HNI shall fully and completely cooperate with the City, the City's insurer, the City's attorneys, the City's Auditors or other representative of the City (collectively, the "City" for purposes of this Article) in connection with (a) any internal or governmental investigation or administrative, regulatory, arbitral or judicial proceeding (collectively"Litigation") or internal or governmental Audit, with respect to matters relating to this Agreement; other than a third party proceeding in which GO HNI is a named party and GO HNI and the City have not entered into a mutually acceptable joint defense agreement. Such cooperation may include, but shall not be limited to, responding to requests for documents and/or other records, and making GO HNI's employees available to the City (or their respective insurers, attorneys or auditors) upon reasonable notice for: (i) interviews, factual investigations, and providing declarations or affidavits that provide truthful information in connection with any Litigation or Audit; (ii) appearing at the request of the City to give testimony without requiring service of a subpoena or other legal process; (iii) volunteering to the City all pertinent information related to any Litigation or Audit; and (iv) providing information and legal representations to auditors in a form and within a timeframe requested. City shall reimburse GO HNI for reasonable direct expenses incurred in connection with providing documents and records required under this paragraph and may require, at the City's sole discretion, such expenses to be documented by receipts or other appropriate documentation. Reasonable direct expenses include costs, such as copying, postage and similar costs; but do not include wages, salaries, benefits and other employee compensation. GO HNI shall not be entitled to additional compensation for employee services provided under this paragraph. Page 4 of 6 XIII. Compliance with laws. Nothing contained in this Agreement is intended to or has the effect of releasing GO HNI or any grant recipient from compliance with all applicable laws, rules, regulations and ordinances applicable to activities taken under the Good Neighbor Grant program. XIV. No 3rd party beneficiary. Notwithstanding any provisions pertaining to third parties contained within this agreement, none of the obligations contained in this agreement shall run to or be enforceable by any party who is not a party to this agreement. XV. Non-discrimination. GO HNI agrees not to discriminate in its operations under this Agreement on the basis of race, color, creed, age, and gender, or as otherwise prohibited by law. A breach of this covenant may be regarded as a material breach of this Agreement. XVI. Invalid Provision. In the event any provision of this MOU is held to be void, invalid or unenforceable in any respect, then the same shall not affect the remaining provisions hereof, which shall continue in full force and effect. XVII. Captions. Captions are used in this MOU for convenience only and are not intended to be used in the construction or in the interpretation of this MOU. XVIII. Entire Agreement. This MOU contains the entire understanding of the parties. It may not be changed orally. This MOU may be amended or modified only in writing that has been executed by both parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement on this day of March, 2020. GREATER OSHKOSH HEALTHY CITY OF OSHKOSH NEIGHBORHOODS, INCORPORATED Pamela Ruder Mark A. Rohloff Executive Director City Manager David Rucker Pamela R. Ubrig Board President City Clerk Approved: Lynn A. Lorenson City Attorney Page 5 of 6 OSHKOSH HEALTHY (K NEIGHBORHOODS Good Neighbor Grant Application Enhance your homes curb appeal; great neighborhoods start with you! Neighborhood Association: Applicant Name: Applicant Address: Phone number( ) E-mail Good Neighbor Grant process: 1. Submit this application, a before picture, estimated project budget and/or contractor estimate. 2. If approved (approval letters will be sent),proceed with project and save receipts. 3. Submit receipts and a picture of completed project. 4. Oshkosh Healthy Neighborhoods will reimburse up to $750.00; after the first $250.00 paid by the applicant. Applicant must have original receipts to receive reimbursement, no exceptions. Oshkosh Healthy Neighborhoods is sponsoring the Good Neighbor Grant through the generosity of the Oshkosh Area Community Foundation and in partnership with the City of Oshkosh. The goal of the grant is to encourage exterior improvements,on the street side,by property owners in Oshkosh. Project examples include window,siding&door installation,step replacement,garage,fence and porch repairs, painting,tree and bush trimming/removal, awnings,landscaping or other site improvements. Whenever possible, applicants are strongly encouraged to use local contractors. Project Eligibility Requirements: • Property must be located in a recognized neighborhood association as designated by the City. • Project must comply with City of Oshkosh ordinances. Briefly describe the project: Signature: Submit application to: Oshkosh Healthy Neighborhoods Good Neighbor Grant 100 N. Main St. Suite 103 Oshkosh WI 54901 Please allow up to 30 days for review and a decision.Applications will be accepted May 1--June 30,2020. Approved projects must be completed and receipts submitted within 5 months of approval.Up to 20 applications will be approved each year(first-come,first served)for three years(2020-2022). Page 6 of 6