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Home My WebLink AboutOAMC 5/2/1989 AGREEMENT THIS AGREEMENT is between the City of Oshkosh , a Wisconsin municipal corporation, herein referred to as "CITY" , and the Oshkosh Association of Manufacturers and Commerce, a Wisconsin non-profit corporation, herein referred to as "OAMC" . I . GENERAL DESCRIPTION A. The City has received funding from the U . S . -Department of Housing and Urban Development (HUD) under the Title I Community Development Block Grant Program, to undertake projects and activities as indicated in the City' s Final Statement of Community Development Objectives and Projected Use of Funds . The activity set forth in this Agreement 's Scope of Services is one of the said activities and it is the responsibility of OAMC to . carry out the activities in compliance with this Agreement and other applicable regulations referred to herein . B . Funding under this Agreement shall be paid with 1989-90 Community Development Block Grant (CDBG) funds . Should said funds not be received by the City, this Agreement shall be null and void . II . SCOPE OF SERVICES A . OAMC shall : ( 1 ) Develop and promote an economic development program which shall consist of both commercial and industrial development, and provide a description of the Program which shall , at a minimum, include: scope of services , intended beneficiaries , time period of program , and performance goals and schedules . ( 2) Promote the Oshkosh Commercial Rehabilitation Program and act as a review board to encourage coordinated rehabilitation of commercial buildings in the Program area . ( 3) Provide the City with an operating budget . B. Said services shall commence on or about March 1 , 1989 and shall be completed by February 28 , 1990 . III . REPORTING REQUIREMENTS/RECORDS A . OAMC shall provide quarterly reports to the City beginning June 1 , 1989 , which at a minimum shall include the following information: • - 2 - ( 1 ) Amount of CDBG funds expended per budget . ( 2) Type and amount of services provided . (3) Number of clients . (4) Progress towards program goals . B . Maintain copies of those items noted in III .A. above, and other activities and financial records which adequately identify the use of CDBG funds and compliance with applicable regulations as identified in CFR 570 . 202 . C. Provide the City with a copy of an annual audited financial statement for any fiscal year for which OAMC received CDBG funds under this Agreement . D. All records required under this Agreement shall be retained for three (3) years after completion of the project , or after all pending matters relative to this Agreement are closed . E . OAMC agrees to provide access to the City, the U . S . Department of Housing and Urban Development, the Comptroller General of the United States , or any of their duly authorized representatives to any books , documents , papers and records which are directly pertinent to this Agreement for the purposes of making audit, examination, ekcerpts and transcriptions . IV. STANDARD PROVISIONS A. OAMC agrees in all hiring or employment made possible by or resulting from this Agreement , there ( 1 ) will not be any discrimination against any employee or applicant for employment because of race, color, sex orientation, religion, sex or national origin; and (2) affirmative action will be taken to ensure that applicants are employed and that employees are treated during employment without regard to their race , color, religion, sex orientation, sex or national origin . This requirement shall apply to but not be limited to the • following: employment , upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination , rates of pay or other forms of compensation, and selection for training, including apprenticeship. There shall be posted in conspicuous places available to employees and applicants for employment, notices required or to be provided by Federal or State agencies involved setting forth the provisions of the clause. All solicitations or advertisements for employees shall state that all qualified applicants will receive consideration for employment without regard to race, color , religion, sex orientation , sex or national origin. - 3 - • B . OAMC will make a good faith effort to use minority and women-owned businesses in procurement of supplies , and upon request of the City, must provide satisfactory evidence of such effort . Additionally, OAMC agrees to provide the City with the name(s) and contract amount(s) of all minority and women-owned businesses awarded contracts on the -project . C . If the proceeds used under this Agreement result in book or other copyrightable materials , the author is free to copyright the work , but• the appropriate Federal agency involved reserves a royalty-free nonexclusive and irrevocable license to reproduce, publish or otherwise use , and to authorize others to rise all copyrighted material and all materials which can be copyrighted . D . Any discovery or invention arising out of or developed in the course of work aided by this Agreement shall be promptly and fully reported to the appropriate Federal agency involved for determination by it as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery, including rights under any patent issued . thereupon , shall be disposed of and administered , in order to protect the public interest . E . OAMC agrees to comply with all applicable standards , orders , or requirements issued under Section 306 of the Clean Air Act (42 U. S. C. 1857(h) ) , Section 508 of the Clean Water Act ( 33 U. S . C . 1368) , Executive Order 11738 , and Environmental Protection Agency regulations (40 CRF Part 15) . F . OAMC agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan. G . No officer, employee or agent of the City who exercises any functions or responsibilities in the review or approval , or the carrying out of responsibilities to which this Agreement pertains , shall have any personal interest, direct or indirect , in this Agreement. H . Incorporated by reference herein are OMB Circular A-87 , A-128 , A-102 , Attachments A, B, C , G, I , J, M , 0, and A-122 , A-21 , and A-110 , as applicable . V. PAYMENT FOR SERVICES A . Contract Amount OAMC shall perform all work under this Agreement for an amount not to exceed TWENTY-FIVE THOUSAND DOLLARS AND NO/100 ($25 , 000 . 00 ) . - 4 - B. Method of Payment Funds will be released monthly upon receipt of proper invoice. VI . SUSPENSION AND TERMINATION A. When OAMC. has failed to comply with the terms , conditions or standards of this Agreement or applicable U. S . Department of HUD regulations , the City may, on reasonable notice to OAMC, suspend the Agreement and withhold further payments or . prohibit OAMC from incurring additional obligations of funds , pending corrective action by OAMC, or a decision to terminate in accordance with paragraph B below. B. This Agreement may be terminated for cause or convenience . ( 1 ) 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 OAMC has _failed to comply with the conditions of this Agreement. The City shall promptly notify OAMC in writing of the determination and the reasons for the termination, together with the effective date . Payments made to OAMC or recoveries by the City in the event this .Agreement is terminated for cause , shall be in accordance with the legal rights and liabilities of the parties . (2) TERMINATION FOR CONVENIENCE : This Agreement may be terminated in whole or in part when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditures of funds . The two parties shall agree upon the effective date and in the case of partial terminations , the portion to be terminated . OAMC shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible . The City shall allow full credit to OAMC for any noncancellable obligations properly incurred by OAMC prior to termination . (3 ) The parties shall promptly settle the terminated grant and execute a written amendment upon settlement, which sets forth the terms and conditions of the settlement Agreement . VII . AMENDMENTS This Agreement may be amended at any time by a written modification mutually agreeable to .both parties hereto . • - 5 VIII . INDEMNIFICATION OAMC agrees to and does hereby hold the City harmless and does hereby indemnify the City against any claims or demands of any person or legal entity arising by reason of this Agreement . This Agreement is made this _ _ day of , 1989 , and is specifically binding upon the parties hereto . WITNESS : OSHKOSH ASSOCIATION OF MANUFACTURERS AND COMMERCE .D WILLIAMS, PRESIDENT TIM CASEY Gi EXECUTIVE VICE-PRESIDENT WITNESS : CITY OF SHKOSH ailkta-1 _ eeegLdieL4/ WILLIAM D. FRUEH CITY MANAGER DONNA C . SERWAS, CITY CLERK APPROVED AS TO FORM: Ft WARREN P . KRAFT ASSISTANT CITY ATTORNEY APPROVED AS TO FUNDING AVAILABILITY: 3L2- 111 EDWARD A. NOKES FINANCE DIRECTOR oamc : 2/89