HomeMy WebLinkAbout91-113 MARCH 7, 1991 91-113 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AGREEMENT WITH FAIR HOUSING COUNCIL
OF THE FOX VALLEY
INITIATED BY: COUNCILMEMBER DON KUTCHERA
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 the Fair Housing Council of the Fox Valley for funding under the
City's 1991 Community Development Block Grant Program, in an amount not to exceed
$2,500.00 for the period from March 1, 1991 to February 29, 1992.
BE IT FURTHER RESOLVED that said funding is contingent upon the City's receipt
of 1991 Community Development Block Grant funds from the U.S. Department of
Housing and Urban Development.
BE IT FURTHER RESOLVED that monies for this purpose are hereby appropriated
from the 1991 Community Development Block Grant Program.
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A G R E E M E N T
THIS AGREEMENT is betWeen the City of Oshkosh, a uisconsin municipal corporation, herein referred to as "CITY", and
the fair Housing Council of the fox Valley, a Wisconsin non-profit corporation, herein referred to as "FHC-FV".
I. GENERAL DESCRIPTION
A. The City has received funding from the U.S. Department of Housing and Urban Development (HUD) under the
Title 1 Cam�unity Developrtient Block Grant Program, to undertake projects and activities as indicated in
the City�s Final Statement of Comn��nity 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 FHC-FV 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 199t-92 Camxmity 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. FHC-FV shall provide the fotlowing services for low- to moderate-income residents of the City Who are
experiencing housing discrimination:
(1) lnformation regarding uhat constitutes housing discrimination per Federal law and initial screening
and referral to app.ropriate agencies. •
(2) 7esting of specific landtords Where appropriate in response to c«nplaints received from residents of
Oshkosh, to determine Whether there is probable cause to believe that discrimination occurred.
(3) Assistance With pursuing legal remedies through DILHR, U.S. Department of HUD, or the City in cases
uhere testing has determined that there is probable cause to believe that discrimination did occur.
B. Said services shall commence on or about March 1, 1991 and shall be completed by February 29, 1992.
III. REPORTING REQUIREMENTS/RECORDS
A. FHC-FV shall provide bi-monthly reports to the City beginning May 1, 1991, uhich at a minimum shall
include the folloWing information:
(t) The number of canplaints received from residents uithin the corporate limits of the City of Oshkosh.
(2) 7he disposition of each call, i.e. information given, referred to another agency, no basis for
complaint, etc.
(3) Any follou up work (i.e. testing, etc.) done in response to complaints.
(4) The number of staff hours spent directly providing services indicated above, and the hourly wage and
benefit costs for these employees.
B. Maintain a separate financial account for CDBG funds uhich 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, alloNable, and allocable per applicable Federal cost
principals.
C. Maintain monthly time distribution records for those employees Who are either partially or wholly paid
With CDBG funds.
D. Provide the City with a copy of an annual audited financial statement for any fiscal year for which
FHC-FV received CDBG funds under this Agreement.
E. 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.
F. FHC-FV agrees to provide access to the City, the U.S. Department of Housing and Urban Development, the
Comptrotler 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.
IV. PAYMENT FOR SERVICES
A. Contract Amount
(1) FHC-FV shall perform all work under this Agreement for an amount not to exceed TWO THOUSAND FIVE
HUNDRED DOLLARS AND NO/100 (52,500.00).
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(2) CDBG funds shall be used only to reimburse FHC-FV for the actual documented hourly costs of staff
time directly involved in responding to complaints from residents within the corporate limits of the
City of Oshkosh.
B. Method of Payment
Funds will be released bi-monthly upon receipt of proper invoice. lnvoices shall be accompanied by
copies of records required under Section II1. (A), (B), and (C).
V. STANDARD PROVISIONS
A. FHC-FV 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 tollouing: 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 ertiployees shall state that all qualified applicants will receive consideration for
employment uithout regard to race, color, religion, sex orientation, sex or national origin.
B. FHC-FV uill make a good faith effort to use minority and Wanen-ouned businesses in procurement of
supplies, and upon request of the City, must provide satisfactory evidence of such effort. Additionally,
FHC-FV 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 uork, but the appropriate Federal agency involved reserves a royalty-free
nonexclusive and irrevocable license to reproduce, publish or otheruise use, and to authorize others to
use all copyrighted material and all materials uhich can be copyrighted.
D. Any discovery or invention arising out of or devetoped 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 uhether 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. FHC-FV agrees to comply uith 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 Ctean Nater Act (33 U.S.C. 7368), Executive
Order 11738, and Environmental Protection Agency regulations (40 CRF Part 15).
F. FHC-FV 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 uho exercises any functions or responsibilities in the revieu
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, O, and
A-122, as applicable.
VI. SUSPENSION AND TERMINATION
A. uhen FHC-FV has failed to ccxnply aith the terms, conditions or standards of this Agreement or applicable
U.S. Department of HUD regulations, the City may, on reasonable notice to fHC-FV, suspend the Agreement
and Withhold further payments or prohibit FHC-FV fran incurring additional obligations of funds, pending
corrective action by FHC-fV, or a decision to terminate in accordance uith paragraph B betow.
B. This Agreement may be terminated for cause or convenience.
(1) TERMINA7ION 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 FHC-fV has failed to comply With the
conditions of this Agreement. The City shall promptly notify FHC-FV in Writing of the determination
and the reasons for the termination, together uith the effective date. Payments made to FHC-FV or
recoveries by the City in the event this Agreement is terminated for cause, shall be in accordance
uith the legal rights and liabilities of the parties.
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(2) TERMINA7ION FOR CONVENIENCE: This Agreement may be terminated in uhole or in part uhen both parties
agree that the continuation of the project would not produce beneficial results corm�ensurate uith
the further expenditures of funds. The two parties shalt agree upon the effective date and in the
case of partial terminations, the portion to be terminated. FHC-FV shall not incur neu 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 FHC-FV for any noncancellable
obligations properly incurred by FHC-FV prior to termination.
(3) The parties shall promptly settle the terminated grant and execute a written amendrtient upon
settlement, which sets forth the terms and conditions of the settlement Agreertient.
V1I. REVERSION OF ASSETS
FHC-FV 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. fHC-FV further agrees that any reat property
under FHC-FV�s control that uas acquired or improved in uhole or in part With CDBG funds in excess of 525,000
is either:
A. Used to meet one of the national objectives in CFR 570.208 until five years after expiration of this
Agreement, or such longer period ot time as determined appropriate by the City; or
B. Is disposed of in a manner uhich 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 tor
acquisition of, or improvement to, the property. Such reimbursement is not required after the period of
time specified in accordance With A. above.
VIII. AMENDMENTS
This Agreement may be amended at any time by a written modification mutually agreeable to both parties
hereto.
IX. lNDEMNIFICATION
FHC-FV agrees to and does hereby hold the City harmless and does hereby indertnify 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 specifically binding upon the parties
hereto.
WITNESS: FAIR HOUSING CWNCIL Of THE FOX VALLEY
KATHLEEN GROAT, EXECUTIVE DIRECTOR
WITNESS: CITY OF OSHKOSH
WILLIAM D. FRUEH, CITY MANAGER
DONNA C. SER4IAS, CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO FUNDING AVAILABILITT
WARREN P. KRAFT EDNARD A. NOKES
ASSISTANT CITY ATTORNEY FINANCE DIRECTOR
fhc:2/91
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