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HomeMy WebLinkAbout06-198 JUNE 13, 2006 06-198 RESOLUTION (CARRIED__6-0____LOST________LAID OVER________WITHDRAWN________) PURPOSE:APPROVE INTERGOVERNMENTAL AGREEMENT FOR SERVICES WITH HOUSING AUTHORITY INITIATED BY:CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Intergovernmental Agreement for Services with Housing Authority of the City of Oshkosh 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. ~j c~~ ~:. Intergovernmental Agreement for Services The parties to this Agreement, dated June 14, 2006, are: a. Housing Authority of the City of Oshkosh, a public body and a body corporate and politic, organized and existing pursuant to Sees. 66.1201, et. Seq., of the Wisconsin Statutes, with its principal offices located at 600 Merritt Avenue, Oshkosh, WI 54901-5178 ("AUTHORITY"); and b. City of Oshkosh, a municipality of the State of Wisconsin, with its principal offices located at 215 Church Ave., P. O. Box 1130, Oshkosh WI 54903-1130 ("CITY") WHEREAS, the City and the Authority previously entered into agreements dated June 12, 1985, and August 30, 1972; and WHEREAS, by resolution 759-06 approved May 15, 2006, by the Authority's Board of Commissioners, the Authority gave its 30-day notice of intent desire to terminate the July 12, 1985, agreement and because of its reliance on the earlier instrument, to terminate the 1972 agreement; and WHEREAS, the City, by letter dated May 23, 2006, gave to the Authority the City's acceptance of the notice to terminate the 1985 agreement and by implication the 1972 instrument; and said agreements are set to expire on June 14, 2006; and WHEREAS, the parties intend by this Agreement to facilitate the Authority's transition to independent status by December 31, 2006, in order to position the Authority with sufficient flexibility to meet the rapidly-changing requirements imposed by the U.S. Department of Housing and Urban Development; and NOW, THEREFORE, the parties agree as follows: 1. The foregoing paragraphs are intended to be a part of this Agreement and not mere recitals. 2. The Agreements between the parties, dated June 12, 1985, and August 30, 1972, are terminated in their entirety and shall have no force or effect on the parties after June 14, 2006. 3. On and after June 15, 2006, the Authority shall be a separate public body, a body corporate and politic, separate and distinct from the City of Oshkosh, and shall be solely governed by the provisions of Sees. 66.1201, et. seq., of the Wisconsin Statutes, as may be amended from time to time. 4. To the extent legally possible and in conformance with its policies and procedures, the City may, at its sole discretion, from time-to-time provide to the Authority, upon its written request, consulting services in the following areas: Human Resources, ~ Planning, Financial and Legal, provided sufficient personnel and resources are available to provide such consultations. a. The Authority agrees to reimburse the City for these consultation services on an actual cost basis. The City shall submit monthly statements to the Authority for all expenses incurred, including but not limited to salaries, fringe benefits; duplication, telephone and facsimile services; charges for postage, supplies, equipment and other materials. The Authority shall reimburse the City within thirty (30) calendar days of the date of invoice. 5. Through the term of this agreement, the Authority employees shall be eligible for these two fringe benefits offered by the City, to the extent that the City is legally able to do so: health insurance and deferred compensation program. The Authority shall reimburse the City as per paragraph 4(a) above. 6. The Authority agrees to assume all responsibilities which the City obligated itself to perform on behalf of the Winnebago County Housing Authority according to a 1995 agreement between the three parties, and the Authority further releases the City from any future obligation thereunder. 7. Except for the City's mandate to appoint the commissioners, pursuant to Sec. 66.1201 (5), of the Wisconsin Statutes, this agreement shall terminate at 11 :59 P.M. on December 31,2006, and shall have no further effect on either party. Each party's obligations to the other are extinguished as of that date and time. 8. The Authority agrees to indemnify and hold harmless the City (including its directors, officers, employees, agents, shareholders, insurers, successors and assigns) from and against any and all claims, demands, penalties, fines, causes of action, liabilities, settlements, damages, costs and expenses, including without limitation, attorneys' and consultants' fees, investigation fees, court costs and litigation expenses, and other costs of defense, known or unknown, contingent or otherwise, arising out of or in any way related to the negligence of any employee of the City of Oshkosh in the performance of his/her duties under the terms of this agreement, including, but not limited to liability for: a. Any personal injury or bodily injury (including wrongful death) or property damage (real or personal); b. Any lawsuit brought or threatened, settlement reached, or local, state or federal government or agency order, including, but not limited to claims costs, liabilities, or expenses, arising under federal state or local law; c. Any violation of laws, orders, regulations, requirements, or demands of any governmental authorities; and d. Any breach or violation of any contractual provision of whatever kind with any third party. 2 .....J< "'-- ~ 9. This document contains the full agreement of the parties and shall not be amended except in the same manner as this instrument. The persons signing this agreement represent that each person has full authority to consent to this document and bind his/her respective agency to these terms. Either party may terminate this Agreement by giving 30 days written notice of its intention to do so, whether by resolution adopted by its governing body or by some other written communication" The notice is deemed accepted upon receipt by the other party and no further action of the parties is required. By: City of Oshkosh BY:' ~:th~ '/'Rich-ard A. Wollapgk And: _:'S~ Pamela R. Ubrig, City APPROVED AS TO FORM: 3