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Home My WebLink About10-372NOVEMBER 23, 2010 10 -372 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ENTERING INTO AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES OF SOUTHEAST WISCONSIN INC TO ASSIST WITH NEIGHBORHOOD IMPROVEMENT EFFORTS THROUGH IMPLEMENTATION OF THE GREAT NEIGHBORHOODS PROGRAM INITIATED BY: COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, in an effort to stabilize and improve housing within the City of Oshkosh, and specifically within targeted central city areas, the Community Development Department proposes a partnership with Neighborhood Housing Services of Southeast Wisconsin wherein Neighborhood Housing Services would undertake various neighborhood improvement activities; and WHEREAS, Neighborhood Housing Services is currently involved with a number of housing and community development related activities that would be beneficial to the City's neighborhood revitalization efforts and implementation of the Great Neighborhoods Program. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into an Agreement with Neighborhood Housing Services of Southeast Wisconsin Inc. to assist with implementation of neighborhood improvement efforts in the community, with substantially the same terms as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and to carry out all actions necessary to implement the City's obligations under the Agreement. AGREEMENT BETWEEN CITY OF OSHKOSH AND NEIGHBORHOOD HOUSING SERVICES OF SOUTHEAST WISCONSIN, INC. January 1, 2011 — December 31, 2011 THIS AGREEMENT is between the City of Oshkosh, herein referred to as "CITY," and Neighborhood Housing Services of Southeast Wisconsin, Inc, dba NeighborWorks, herein referred to as "NW ". The 2005 City of Oshkosh Comprehensive Plan identified the need to undertake programming to improve older residential areas. NW has extensive experience in developing, funding and implementing various neighborhood improvement activities including neighborhood organizing, housing rehabilitation and various types of training related to homeownership and a history of successful collaboration with units of local governmental and other non - profit agencies. The purpose of this Agreement is to describe the relationship between the CITY and NW in implementing various neighborhood improvement projects and programs. CITY RESPONSIBILITIES A. Provide funding for administrative costs related to contracted services provided to the CITY and for projects and programs specified by the CITY on an annual basis. B. Provide, at the City's discretion, affordable property suitable for rehabilitation or new construction. C. Provide technical support in the form of lead paint testing and clearance, zoning and land use information. D. Develop plans for specific neighborhood initiatives as part of the Great Neighborhoods Program. E. Assist NW in obtaining funding from other sources to carry out work program. F. Provide $100,000 (one hundred thousand dollars) in CDBG funds for agreed upon work to be undertaken from January 1, 2011 through December 31, 2011. This Agreement may be extended for additional one year terms based on the availability of funding and the inclusion of the activity in the City's Annual CDBG Action Plan as approved by HUD. G. Obtain approval from the Department of Housing and Urban Development (HUD) to designate NW as a Community Development Based Organization (CDBO) or its equivalent. NEIGHBORWORKS RESPONSIBILITIES A. Carry out programs and projects specified by the CITY on an annual basis, including but not limited to, neighborhood revitalization, community building, lending, homebuyer education, housing rehabilitation, acquisition and disposition of property and establishment of neighborhood organizations. NeighborWorks Agreement 2011 11/18/2010 B. Establish effective working relationships with appropriate local agencies. C. Seek funding from other local, state and federal government sources as well as foundations and businesses to carry out activities consistent with CITY plans and priorities. D. Hire staff to implement activities. E. Maintain an office with regular office hours in the city of Oshkosh. F. Develop and launch a web site exclusively for NeighborWorks projects and activities in Oshkosh. G. Participate in the development of CITY plans for neighborhood improvement. H. Provide proof of appropriate insurance coverage. I. Provide all necessary information to the CITY or HUD necessary to designate NW as a CDBO or its equivalent. III. REPORTING REQUIREMENTS /RECORDS A. NW will provide a quarterly report with information on accomplishments, expenditures and revenues and progress on ongoing activities. Quarterly reports are to be submitted to the Department of Community Development within 30 days of the end of each quarter commencing in April 2011. B. NW agrees to provide access to CITY staff, books, documents, papers, and records which are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts, and transcriptions and to fulfill any requirements associated with funding provided by the CITY. IV. SUSPENSION AND TERMINATION A. TERMINATION FOR CAUSE: The City may terminate this Agreement in whole or in part at any time before the date of completion, whenever it is determined that NW has failed to comply with the conditions of this Agreement. The City shall promptly notify NW in writing of the determination and the reasons for the termination, together with the effective date. B. TERMINATION FOR CONVENIENCE: This Agreement maybe terminated without cause upon thirty (30) days notice to the other party to this Agreement. NW shall not incur new obligations and shall cancel as many outstanding obligations as possible. The City shall allow full credit to NW for any noncancellable obligations properly incurred prior to termination. V. AMENDMENTS The Agreement may be amended at any time by a written modification mutually agreeable to both parties hereto. [The rest of this page left intentionally blank] NeighborWorks Agreement 2011 11/18/2010 Dated this day of , 2010. NEIGHBORHOOD HOUSING SERVICES OF SOUTHEAST WISCONSIN, INC. DOMENICK MARTINELLI EXECUTIVE DIRECTOR DEBY DEHN BOARD CHAIRPERSON CITY OF OSHKOSH MARK ROHLOFF CITY MANAGER PAMELA R. UBRIG CITY CLERK APPROVED AS TO FUNDING AVAILABILITY: PEGGY STEENO FINANCE DIRECTOR APPROVED AS TO FORM: LYNN LORENSON CITY ATTORNEY NeighborWorks Agreement 2011 1111812010 Neighborhood Housing Services of Southeast Wisconsin, Inc. F2011 Estimated Cash Budget January 1, 2011 through December 31, 2011 Expansion DESCRIPTION OSHKOSH Grant/NWA 12,500 Grant/In -kind Property 100,000 Grant/CDBG 100,000 Contributions 50,000 TI. Sources of Funds 262,500 Salaries 50,000 Payroll Tax 3,825 Payroll Service Fees 450 Health Insurance 21,600 Retirement Set -aside 2,500 Staff Ed., Training, Seminar 750 Rent (9 months @ $750) 8,100 Telephone 2,400 Postage 600 Computer Equip /Supplies 2,500 Copier Lease & Office Supplies 3,600 Printing 1,000 Audit Fees 2,500 Legal Fees 750 HBE Instructor, Materials, Web 2,400 Other Professional Services 30,000 Meeting Expense 600 Advertising 5,000 Business Devi. /Events 1,500 Coml Package Insurance 6,000 Utilities 2,400 Snow Removal & Lawn care 500 Property Maintenance 1,000 Property Taxes 1,500 Janitorial Expense 600 Total Expenditures 152,075 Sources Less Exp. 110,425 Capital Investment (3 properties) (230,000) NHS Loan Portfolio 0 Cash /Property Sales (2 properties) 200,000 TI. Other Uses of Cash (30,000) Net Cash 80,425 NeighborWorks Agreement 2011 11/18/2010 4 CITY OF OSHKOSH INSURANCE REQUIREMENTS IV. PROFESSIONAL SERVICES LIABILITY INSURANCE REQUIREMENTS The Contractor shall not commence work on subcontract until proof of all similar insurance required of the Subcontractor has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is prima coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. PROFESSIONAL LIABILITY A. Limits (1) $1,000,000 each claim (2) $1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service /job 2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit (2) $1,000,000 personal liability and advertising injury (3) $2,000,000 general aggregate (4) $2,000,000 products — completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products /Completed Operations (6) The general aggregate must apply separately to this proiect/location 3. BUSINESS AUTOMOBILE COVERAGE A. $500,000 combined single limit for Bodily Injury and Property Damage each accident B. Must cover liability for Symbol #1 - "Any Auto" — including Owned, Non -Owned and Hired Automobile Liability. IV -1 A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. 4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY — "If" required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease — Each Employee 5. ADDITIONAL PROVISIONS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements — The following must be named as additional insureds on the General Liability and Business Automobile Liability coverage arising out of project work... "City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. This does not apply to Professional Liability, Workers Compensation and Employers Liability ". C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to City Clerk — City of Oshkosh. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk — City of Oshkosh. IV -2 TO: Honorable Mayor and members of the Common Council FROM: Allen Davis, Community Development Director ow DATE: November 18, 2010 SUBJECT: NeighborWorks Agreement for Services BACKGROUND The City has been seeking a collaboration with the Community Foundation and an affiliate of NeighborWorks for several years. The City and Community Foundation approached Neighborhood Housing Services of Southeast Wisconsin, Inc. dba NeighborWorks about creating that collaboration in the City of Oshkosh earlier this summer. After site visits in both communities and several meetings, the City, Community Foundation and NeighborWorks have reached a preliminary Agreement for creating a NeighborWorks affiliate in the City of Oshkosh. ANALYSIS NeighborWorks will provide the following neighborhood revitalization services: • Community building • Neighborhood organization creation • Homebuyer education • Home financing • Housing rehabilitation • Acquisition and sales of real property NeighborWorks will hire local staff to provide these services, establish an office in the City of Oshkosh, develop appropriate neighborhood information and marketing materials, and coordinate their efforts with the City and Community Foundation. The draft Agreement is the first year of an on -going neighborhood revitalization program. Based on NeighborWork's expectations, the City and Community Foundation plan to help fund their operations in the City in the short term, until the organization becomes self supporting. FISCAL IMPACT The estimated budget for 2011 is attached to the agreement. The City's cash contribution in 2011 will be $100,000. The City has reserved CDBG funds from prior years for this contribution. RECOMMENDATION The City Council approves the draft Agreement. Approved, mil/ City Manager