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HomeMy WebLinkAbout91-130 MARCH 21, 1991 91-130 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENT WITH REGIONAL DOMESTIC ABUSE SERVICES, INC. - ACQUISITION PROJECT INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT WHEREAS, the 1991 Final Statement of Community Development Objectives and Projected Use of Funds, approved by Council on January 17, 1991, included the obligation of a $100,000 grant to Regional Domestic Abuse Services, Inc. to be used for the acquisition of property located at 206 Algoma Boulevard/415 Division Street; and WHEREAS, Regional Domestic Abuse Services, Inc. has secured the necessary financial commitment from First Wisconsin National Bank of Oshkosh to complete the acquisition of said property. 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 appropriate Agreement with Regional Domestic Abuse Services, Inc. for a $100,000.00 grant under the City's 1991 Community Development Block Grant Program, and to execute any and all documents necessary to facilitate the sale closing of said property. BE IT FURTHER RESOLVED that funding is contingent upon the release of the City's 1991 Community Development Block Grant funds from the U.S. Department of Housing and Urban Development. BE IT FURTHER RESOLVED that monies for this project are hereby appropriated from the 1991 Community Development Block Grant Program. Sli�'r,I�"�L'J BY . _ �'��! Ap;' r)':;".;�.D - 2 0 - AGREEMENT Res 91-130 THIS AGREEMENT is between the City of Oshkosh, a Wisconsin municipal corporation, herein referred to as "CITY", and Regional Domestic Abuse Services, Inc., a Wisconsin non-profit corporation, herein referred to as "RDAS". 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 in the City's Final Statement of Community Development Objectives and Projected Use of Funds, as approved by the Oshkosh Common Council on January 17, 1991. The acquisition of the real estate and improvements located at 206 Algoma Boulevard/415 Division Street, Oshkosh, Wisconsin, is one of the activities setforth in the Projected Use of Funds and it is the responsibility of RDAS to carry out this activity in compliance with this Agreement and other applicable regulations referred to herein. B. Funding under this Agreement shall be paid with funds from the 1991-92 Community Development Block Grant (CDBG) program, and a loan from First Wisconsin National Bank of Oshkosh. Should said funds not be received by the City, or provided by the Bank, this Agreement shall be null and void. C. To ensure the property is used for the purposes described in this Agreement and complies with appropriate CDBG regulations for a minimum ' of ten (10) years, the City will secure its grant 6y taking a second mortgage on the subject property. If the conditions of the Agreement are adhered to, this Agreement will become null and void ten (10) years after the date of this Agreement, and the mortgage considered to be • satisfied. II. SCOPE OF SERVICES A. Activities within the scope of this Agreement include the acquisition of the subject property by RDAS, moving the personal property of RDAS from their existing facilities to the subject property, purchase and installation of furniture, fixtures and equipment necessary for RDAS to operate the office and shelter, and the establishment of a property maintenance account. B. BUDGET Property Acquisition $ 310,000 Insurance 3,000 Moving Costs 3,000 Phone System/Hook Up 1,500 Attorney Fees 500 Taxes 800 Intercom System 1,200 Miscellaneous/Contingency 6,500 Office/Shelter Furniture 3,500 Maintenance LU,000 TOTAL $ 350,000 C. The project will be financed with a $250,000 loan from First Wisconsin National Bank of Oshkosh to be secured by a first real estate mortgage on land and improvements located at 206 Algoma Boulevard/415 Division Street, Oshkosh, Wisconsin, and a $100,000 grant from the City of Oshkosh Community Development Block Grant program collateralized by a promissory note with a maximum term of ten (10) years. The promissory note will be secured by a second real estate mortgage on lund and improvements located at 206 Algoma Boulevard/415 Division Street, Oshkosh, Wisconsin. - 20a - � - 2 - Res 91-130 D. RDAS shall use the subject property to: (1) Provide emergency housing and counseling for persons experiencing domestic abuse, of which at least fifty percent (50%) shall be residents of the City. (2) Provide at least the foilowing activities for victims of domestic abuse: (a) Temporary shelter for abuse victims. (b) Group support service and counseling. (c) Community education and advocacy. (3) Provide, as needed, facilities for group counseling and RDAS administrative purposes. E. RDAS agrees not to change the use of the subject property from the use intended by this Agreement unless such change is approved by the City. Any reversion of assets resulting from a change in use shall be in compliance with Section VIII of this Agreement, and applicable sections of 24 CFR Part 570. III. PAYMENT A. Payment of the ONE HUNDRED THOUSAND DOLLAR AND NO/100 ($100,000.00) . grant From the City will be released at the time of the closing of the sale of the subject property, and said funds will onlv be applied to the purchase of said property. IV. HISTORICAL CONSIDERATION A. The subject property has not been determined to be eligible for inclusion on the National Register of Historic Places, but due to the potential eligibility of the property, RDAS agrees to enter into an historical covenant with the City of Oshkosh Landmarks Commission. Said covenant shall require RDAS to consuit with the Commission prior to implementing any major interior or exterior improvements and shall be in place prior to May 15, 1991. RDAS also agrees not to undertake any improvements on said property until the covenant is complete. V. REPORTING REQUIREMENTS A. RDAS shall provide annual reports to the City beginning March 1, 1992, and every subsequent March lst, until one (1) year after the expiration of this Agreement. The reports, at a minimum, shall include the following information: (1) Type and amount of services provided. (2) Number of clients served and the place of residence of the clients served. (3) Number of persons in clients family and family income (if available). Records necessary to substantiate these reports shall be kept on file at the RDAS office. B. Maintain a separate financial account for CDBG funds which shows all receipts, including program income and disbursements. All disbursements shall have documentation which substantiates that costs incurred and paid from the CDBG account are reasonable, allowable, and allocable per applicable Federal cost principals. C. Provide the City with a copy of an annual audited financial statement for every fiscal year for the period stipulated in V.A. above. 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. - 20b - - s - Res 91-130 E. RDAS 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, excerpts and transcriptions. VI. STANDARD PROVISIONS A. RDAS 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. B. RDAS 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, RDAS 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 suthorize others to use 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. RDAS agrees to comply witli all applicabie 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. RDAS 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 Circulars A-87, A-110, Attachments A, B� C� G� I� J� M� 0� and A-122� Ss appllcable. - 20C - ' - 4 - Res 91-130 I. RDAS agrees that the subject property will not be used for religious purposes or for activities which would otherwise promote religious interests. J. RDAS agrees to comply with the provisions of CFR 570.608 concerning lead-based paint. K. Program income means gross income received by RDAS directly generated from the use of CDBG funds and as further detailed in 24 CFR 570.500. When such income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of the CDBG funds used. (1) Any program income generated from the use of CDBG funds under this Agreement is the sole property of the City. (2) During or upon completion of this Agreement, all program income as defined in 24 CFR 570.500 must be returned to the City within five (5) days unless otherwise authorized by the City. L. RDAS certifies to the Cit;� that it will provide a drug-free workplace, and will otherwise comply with, as required under the Drug-Free Workplace Act of 1988, as amended, and the regulations promulgated thereunder. VII. SUSPENSION AND TERMINATION A. When RDAS 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 RDAS, suspend the Agreement and withhold further payments or prohibit RDAS from incurring additional obligations of funds, pending corrective action by RDAS, or a decision to terminate in accordance with paragraph B below. B. This Agreement may be terminated for cnuse 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 RDAS has failed to comply with the conditions of this Agreement. The City shall promptly notify RDAS in writing of the determination and the reasons for the termination, together with the effective date. Payments made to RDAS 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 partinl terminations, the portion to be terminated. ItDAS 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 RDAS for any noncancellable obligations properly incurred by RDAS 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. VIII. REVERSION OF ASSETS RDAS agrees to transfer back to the City any CDBG funds and accounts receivable attributable to the use of CDBG funds on hand at time of expiration of this Agreement. RDAS further agrees that any real property under RDAS's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either: - 2�d - • - � � - 5- Res 91-130 , � • � � A. Used to meet one of the national objectives in CFR 570.208 until ten (10) years after the date of this Agreement, or such longer period of time as determined appropriate by the City; or B. Is disposed of in a manner which results in the City being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with A. above. IX. AMENDMENTS This Agreement may be amended at any time by a written modification mutually agreeable to both parties hereto. X. INDEMNIFICATION RDAS 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 , 1991, and is apecifically binding upon the parties hereto. WITNESS: ftEGIONAL DOMESTIC ABUSE SERVICES, INC. EILEEN CONNOLLY-KEESLER EXECUTIVE DIRECTOR LINDA DEMPSEY, PRESIDENT WITNESS: CITY OF OSHKOSH WILLIAM D. FRUEH, CITY MANAGER DONNA C. SERWAS, CITY CLERK APPROVED AS TO FORM: APPROVED AS TO FUNDING AVAILABILITY WARREN P. KRAFT EDWARD A. NOKES ASSISTANT CITY ATTORNEY FINANCE DIRECTOR rdasacq:3/91 - 20e - • ` � o a � o°-a m Z7 '—i "'S .� � "0 N �7 �--� C� C N "'S � O �' �• cn O mz cn c+ < � 0 •• N �-'• �• fD tD .. .� c-F C� „ ►.• � � O �(L] —� � Z � � -� � � -5 W mmmo � -ov�i m ° cn cn cn v -� � m � m —I o m z.-.�-. c�. N � --i � fD fD c+ �� l7 -5 t-I- < � _a f.. f.. �� n � � � N � � � F--�CL� � r. C� O � �su �