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Home My WebLink About91-078 � ` �, J' �l /��'.�._� FEBftUARY 21, 1991 g�_�g RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPftOVE AGREEMENT WITH FAIft HOUSING COUNCIL OF THE FOX VALLEY INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that t}ie 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 ur�der 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. - 39 - Res 91-78 A G R E E M E N T THIS AGREEMENT is betWeen the City of Oshkosh, a Wisconsin municipal corpo�ation, herein referred to as "C1TY", and the Fair Housing Council of the Fox Valley, a uisconsin 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 (HUO) under the Title I Cortmunity Development Block Grant Program, to undertake projects and activities as indicated in the City�s Final Statement of Cortmunity 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. e. Funding under this Agreement shall be paid uith 1991-92 Cam�unity Developnent elock 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 following services for low- to moderate-income residents of the City uho are experiencing housing discrimination: (1) Information regarding what constitutes housing discrimination per Federal lau arxi initial screering and referral to appropriate agencies. (2) Testing of specific landlords where appropriate in response to complaints received fran 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 cam�ence on or about March 1, 1991 and shall be completed by February 29, 1992. III. REPORTING REOUIREMENTS/RECORDS A. FHC-FV shall provide bi-monthly reports to the City beginning May 1, 1991, uhich at a minimum shall include the follouing information: (1) The number of complaints received from residents within the corporate limits of the City of Oshkosh. (2) The disposition of each call, i.e. information given, referred to another agency, no basis for complaint, etc. (3) Any follow up work (i.e. testing, etc.) done in response to complaints. (4) The rnmber of staff hours spent directly providing services indicated above, and the hourly uage and benefit costs for these employees. 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. Maintain monthly time distribution records for those employees uho are either partially or uhotty paid uith CDBG funds. D. Provide the City with a copy of an annual audited financial statement for any fiscal year for uhich FHC-FV received CDBG funds under this Agreement. E. All records required under this Agreement shall be retained for three (3) years after comptetion of the project, or after all pending matters relative to this Agreement are closed. F. FNC-fV agrees to provide access to the City, the U.S. Department of Nousing and Urban Development, the Cortiptroller 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 uork under this Agreement for an amount not to exceed TWO THOUSAND FIVE HUNDRED DOLLARS AND NO/100 (52,500.00). - 39a - � Res 91-78 - z - C2) COBG funds shall be used only to reimlwrse FHC-FV for the aetual docunented 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 Pavment Funds uill be released bi-monthly upon receipt of prope� invoice. Invoices shall be accanpanied by copies of records required under Section III. (A), (B), and (C). V. STANDARO PROVISIONS A. FHC-FV agrees in all hiring or ertployment 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) aftirmative 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 shalt 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 shatl state that all c�alified appticants will receive consideration for employment without regard to race, color, religion, sex orientation, sex or national origin. B. FHC-FV wilt make a good faith effort to use minority and uomen-owned businesses in procurement of supplies, and upon request of the City, must provide satisfactory evidence of such effort. Additionalty, 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 materiats, the author is free to copyright the work, but the appropriate Federal agency involved reserves a royalty-free nonexclusive and irrevxable license to reproduce, publish or otherwise 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 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 wder any patent issued thereupon, shall be disposed of and administered, in order to protect the public interest. E. FHC-PV agrees to comply With atl 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 Envirorniental Protection Agency regulations (40 CRF Part 15). F. FHC-FV agrees to cortply with mandatory standards and policies relating to energy efficiency uhich 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. Ineorporated by reference herein are OMB Circulars A-87, A-110, Attachments A, B, C, G, I, J, M, 0, and A-122, as applicable. VI. SUSPENSION AND TERMINATION A. When FHC-FV has failed to comply with the terms, conditions or standards of this Agreement or applicabte 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 fram incurring additional obligations of funds, pending corrective action by FHC-FV, or a decision to terminate in accordance with paragraph B below. B. This Agreement may be terminated fo� cause o� 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 FHC-FV has failed to comply with the conditions of this Agreement. The City shall pranptty notify PHC-FV in writing of the determination and the reasons for the termination, together with 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 with the legal rights and liabilities of the parties. � - 39b - Res 91-78 - 3 - (2) TERMINATION 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 cam�nsurate uith the further experxiitures of funds. The two parties shall agree upon the effective date and in the case of partial terminations, the portion to be terminated. FHC-FV 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 FHC-FV for any noncancellable obligations properly incurred by FHC-FV prior to termination. (3) The parties shall pramptly settle the terminated grant and execute a written amendment upon setttement, which sets forth the terms and conditions of the settlement Agreement. VII. 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 real property under FHC-FV�s control that was acquired or improved in uhole or in part with CDBG funds in excess of 525,000 is either: A. Used to meet w�e of the national objectives in CFR 570.208 �mtil five years after expiration of this Agreem�n`., cr such l�e: �erso� of time as deLerT?n�cl ��r�pria*_e 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 ot, 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 agreeabte to both parties hereto. IX. INOEMNIFICATION FHC-FV agrees to and does hereby hold the City harmless and does hereby inde�mify 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 COUNCIL OF THE FOX VALLEY KATHLEEN GROAT, EXECUTiVE DIRECTOR WITNESS: CITY OF OSHKOSH YILLIAM D. FRUEH, CITY MANAGER DONNA C. SERNAS, CITY CLERK APPROVED AS TO FORM: APPROVED AS TO FUNDING AVAILABILITY 41ARREN P. KRAFT EDWARO A. NOKES ASSiSTANT CITY ATTORNEY FINANCE DIRECTOR fhc:2/91 - 39c - r � -n c-� � � 0o m o -a � cn -� � c -a -� �.-� -s � � � .. o c �, ° oVo z w .. -s �--� c� � O D N fi� za � -� � o �' -�-i �o � m � � � W c� —+ o c+ �� X � C F-'• � c-�' � � �--� N 'r'I � � .-• � _ O � � r• � C�