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Home My WebLink About91-080 FEBRUARY 21, 1991 91-80 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENT WITH CAMIROS, LTD. INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT WHEREAS, the Department of Community Development has heretofore requested proposals for consultant services in conjunction with the update to the City's Master Plan; and WHEREAS, the most advantageous proposal received was from Camiros, Ltd. , 4610 University Avenue, Suite 640, Madison, Wisconsin 53705, and the City has previously used the services of this consultant. 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 Camiros, Ltd. for consultant services, in an amount not to exceed $30,000. Monies for this purpose are hereby appropriated from the 1990 and 1991 Community Development Block Grant Programs, and is contingent upon the City's receipt of funds from the U.S. Department of Housing and Urban Development. _._.___�_..____..__..---_______._._.��_ i —.�.r s!7,��.��.�.i:-,., L;, _...______-__------__.___.--__-__ � �r.�'�,',�°,O�G�',L�� / ♦ �� -�___.,.._�.._.._. �.__ '••...�' - 41 - � Res A G R E E M E N T THIS AGREEMENT is between the City of Oshkosh, a Yisconsin municipal corporation, herein referred to as "CITY��, uhose mailing address is City Hall, P.O. eox 1130, 215 Church Avenue, Oshkosh, Wisconsin 54902-1130; and Camiros Ltd., a uisconsin Corporation, herein referred to as "CONSULTANT", whose address is 4610 University Avenue, Suite 640, Madison, Wisconsin 53705. I. GENERAL DESCRIPTION A. The City has received f�ding from the U.S. Department of Housing and Urban Developnent (HUD) under the Title I Camiunity Development Blxk Grant Program, to undertake projects and activities as indicated in the City's Final Statement of Camiunity 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 the CONSULTANT 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 1990-91 and 1991-92 Cam�unity 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. The CITY shall: (1) Through the Department of Cam�unity Development, provide direction to the CONSULTANT for the plaming services requested. (2) Provide information, data, reports, aerial photographs, and maps that are available to the City and may be useful to this project to the CONSULTANT without cost or expense. (3) Pay the CONSUl7ANT within thirty (30> days of receipt of proper invoice. B. The CONSULTANT shall: (1) Perform technical and professional services related to assisting the City's staff uith cortmunity plar�ing activities on an "as requested�� basis, per II.A.(1) above. (2) Provide service in a timely and efficient marmer, and upon request, provide an estimate for time of completion for any tasks or assigrnients requested by the City. (3) Not be in default by any reason of any failure in performance of this Agreement in accordance with its terms, if such failure arises out of reasonable causes beyond the contraol and without fault or negligence of the CONSULTANT. Sucfi causes may include, but are not limited to, the City�s failure to comply with the terms herein, acts of God, acts of the goverrment in either its sovereign or contrcontractual capacity, fires, floods, epidemics, strikes, and unusually severe weather. B. Services shall camience on or about March 1, 1991 and shall be cortipleted by february 29, 1993, or upon payments equal to the amount stipulated in Section V.A. III. REPORTING RE�UIREMENTS/RECORDS A. All notices, reports, cam�unications and/or demands given pursuant to this Agreement shall be in writing and addressed to the respective party at the address setforth in the first paragraph of this Agreement. The dae of mailing shall be deemed the date of service or response. Either party may change the address by the aforesaid procedure. B. The CONSULTANT shall provide semi-annual reports to the City beginning August 1, 1991, which at a minimum shall include the following information: (1) Amount of CDBG funds expended. (2) Type and amount of services provided, including names of employees and hours spent on project. (3) Sunation of other direct costs. C. Maintain a separate financial account for CDBG funds which shows all receipts, including program income, and disbursements. All disbursements shall have docunentation uhich substantiates that costs incurred and paid from the CDBG account are reasonable, allowable, and allocabte per applicable Federal cost principals. 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. The CONSULTANT agrees to provide access to the City, the U.S. Department of Housing and Urban Development, the Canptroller General of the United States, or any of their duly authorized representatives to any books, docunents, papers and records which are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. - 41a - � Res 91-80 - z - IV. STANDARD PROVISIONS A. The CONSULTANT 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 ertiptoyment without regard to their race, color, religion, sex orientation, sex or national origin. This requirement shall apply to but not be limited to the fotlowing: ertiployment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and setection for training, including apprenticeship. There shall be posted in conspicuous places available to emptoyees and applicants for employment, notices required or to be provided by Federal or State agencies involved setting forth the provisions of the ctause. All solicitations or advertisements for ertptoyees shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex orientation, sex or national origin. B. The CONSULTANT 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. Additionatly, the CONSULTANT agrees to provide the City with the name(s) and contract amount(s) of all minority and wanen-owned businesses auarded contracts on the project. C. If the proceeds used tx�der 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 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 shatl 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. The CONSULTANT 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 Clean uater Act (33 U.S.C. 1368), Executive Order 11738, and Envirormental Protection Agency regulations (40 CRF Part 15). F. The CONSUITANT agrees to canply with mandato�y 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-110, Attachments A, B, C, G, I, J, M, 0, and A-122, as applicable. V. PAYMENT FOR SERVICES A. Contract Amount CONSULTANT shall perform all work under this Agreement for an amount not to exceed THIRTY THOUSAND DOLLARS AND NO/100 (530,000.00). B. Method of Pavment Funds will be reteased upon the receipt of proper invoice. Invoices shall be accompanied by records indicating the name and classification of the employee working on the project, hours each employee worked on the project, and records to substantiate other direct costs charged to the City. C. Service Costs CONSULTANT's employees shall be paid the follouing hourly fee structure: Principel Planner 575.00 � Senior Planner 550.00 Senior Designer 550.00 Assxiate Planner 535.00 Associate Designer 535.00 Drafting Technician E22.50 Clerical 522.50 All travel, material and other direct costs shall be billed at actual costs, with automobile miteage charged at 50.275 per mile. - 41b - � Res 91-80 - 3 - VI. SUSPENSION AND TERMINATION A. When the CONSULTANT has failed to canply with the terms, conditions or standards of this Agreement or applicable U.S. Department of HUD regulations, the City may, on reasonable notice to the CONSULTANT, suspend the Agreement and withhold further payments or prohibit the CONSULTANT from incurring additional obligations of funds, pending corrective action by the CONSULTANT, 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 the CONSUITANT has failed to comply uith the conditions of this Agreement. The City shall pramptly notify the CONSULTANT in writing of the determination and the reasons for the terminati�, together With the effective date. Payments made to the CONSULTANT 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 cam�ensurate uith the further expenditures of funds. 7he two parties shall agree upon the effective date and in the case of partial terminations, the portion to be term6nated. The CO�ISULTANT shatl 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 the CONSULTANT for any noncancellable obligations properly incurred by the CONSULTANT prior to termination. (3) The perties 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. REVERSION OF ASSETS The CONSULTANT 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. The CONSULTANT further agrees that any real property under CONSULTANT's control that was acquired or improved in whole or in part With COBG funds in excess of E25,000 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 of time as determined appropriate by the City; or B. Is disposed of in a menner 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. VIII. AMENDMENTS This Agreement may be amended at any time by a written modification mutually agreeable to both parties hereto. IX. INDEMNIFICATION The CONSULTANT 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 specifically binding upon the parties hereto. LIITNESS: CAMIROS, LTD. JONN STOCKHAM, PRESIDENT NITNESS: CITY OF OSHKOSH WILLIAM D. FRUEH, CITY MANAGER APPROVED AS 'PO FORM: DONNA C. SERWAS, CITY CLERK WARRIIV P. KRARAF!'., ASSISTA[�TT CITY ATTORNEY APPROVED AS TO FUNDING AVAILABILTTY: - 41c - IDWARD A. NOI�S, FIlVANCE DIRF]C!'OR � -°� � � � � o � o m z sL < � o .. � � �o D � N � � ZDD -' '� � O -G C7 � (D m m o � � � � � � � .-..-. � � � � � �� ... � � c-� � � r• "5 O N r c+ a