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Home My WebLink About91-077 FEBRUARY 21, 1991 91_77 RESOLlJTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENT WITH OAMC AND CHAMCO INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby suthorized and directed to enter into an appropriate Agreement with the Oshkosh Association of Manufacturers and Commerce (OAMC) and Chamco, Inc. for funding under the City's 1991 Community Development Block Grant Program, in an amount not to exceed $12,500.00 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. rv,.��;r�,��,;,�� 7 �I�ii__,��1_�� iil �..e�»�.�-�.�.� ` i ;^ �`o,.°�.iYl,,�1P� �.r�fJJ�ll L - 3 8 - � Res 91-77 A G R E E M E N T THIS AGREEMENT is between the City of Oshkosh, a Wisconsin municipal corporation, herein referred to as "CITY", and tuo Wisconsin non-profit corporations known as Oshkosh Association of Manufacturers and Camierce, herein referred to as "OAMC��, and Chamco, Inc., herein referred to as ��CHAMCO". I. GENERAL DESCRIPTION A. The City has received funding from the U.S. Department of Housing and Urban Development (HUO) under the Title I Cam�unity Devetopment Block Grant Program, to �xidertake projects and activities as indicated in the City's Finel Statement of Commx�ity Developnent Objectives and Projected Use of funds. The activity set forth in this Agreement's Scope of Services is one of the said activities a�d it is the responsibility of OAMC and CHAMCO to carry out the activities in compliance with this Agreement and other applicable regulations referred to herein. B. Funding under this Agreement shatl be paid with 1991-92 Comn�xiity 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, in cooperation with the City: (1) Provide administrative support services to enable CHAMCO to accomplish the services in II.B. belou. (2) Provide the City with OAMC�s total operating budget and in the budget indicate the use, if any, of CDBG funds, as well as the annual salary of any personnel to be paid with CDBG funds. B. CHAMCO shall, in cooperation with the City: (1) Assist the City in the formulation of an econanic development strategy. (2) Provide the City with information, studies, analyses, and market surveys to assist in planning for economic development projects. (3) Facilitate industrial park development through the provision of site review; site, parcel, transportation, and utility planning. (4) Cooperate with the City in preparing a long range cam�unity development plan. (5) Provide the City with CHAMCO's total operating budget, and in the budget indicate the use, if any, of CDBG funds, as well as the anrwal salary of any personnel to be paid with CDBG funds. C. Said services shall cam�ence on or about March 1, 1991 and shall be completed by February 29, 1992. III. REPORTING RECUIREMENTS/RECOROS A. OAMC and CHAMCO shall provide quarterly reports to the City beginning June 1, 1991, which at a minimum shall include the following information: (1) Amount of CDBG f�xids expended per budget. (2) Type and amount of services provided. (3) Number of clients. (4) Progress towards program goals. B. Maintain a separate financial account for CDBG funds which shows all receipts, including program income, and disbursements. All disbursements shall have docunentation which substantiates that costs incurred and charged against the CDBG account are reasonable, allowable 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 uhich OAMC and CHAMCO received CDBG funds under this Agreement. E. All records required under this Agreement shall be retained for three (3) years after canpletion of the project, or after all perxiing matters relative to this Agreement are closed. F. OAMC and CHAMCO agree to provide access to the City, the U.S. Department of Housing and Urban Devetopment, the Comptroller 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. - 38a - . Res 91-77 _ Z . IV. STANDARD PROVISIONS A. OAMC and CHAMCO agree 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 ertiployment 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 uithout regard to their race, color, retigion, 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 invotved setting forth the provisions of the clause. All solicitations or advertisements for employees shalt state that all qualified applicants will receive conside�ation for employment without regard to race, color, religion, sex orientation, sex or national origin. B. OAMC and CHAMCO will make a good faith effort to use minority and wanen-owned businesses in procurement of supplies, and uprm request of the City, must provide satisfactory evidence of such effort. Additionally, OAMC and CHAMCO agree 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 proceecis used urxJer this Agreement resul: in book or other copyrightable materials, the author is free to copyright the work, but the appropriate Federal agency invotved reserves a royalty-free nonexclusive and irrevxable license to reproduce, publish or otherwise use, and to authorize others to use att 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 pranptty and fully reported to the appropriate Federal agency involved for determination by it as to whether patent protection on such invention or discovery shatt 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 and CHAMCO agree to comply with all appticable standards, orders, or requirements issued under Section 306 of the Ctean Air Act (42 U.S.C. 1857(h>), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Envirorniental Protection Agency regulations (40 CRF Part 15). F. OAMC and CHAMCO agree to comply with mandatory standards and polici�s 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 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 Circutars 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 OAMC and CHAMCO shall perform all work under this Agreement for an amount not to exceed TLIELVE THOUSAND FIVE HUNDRED DOLLARS AND NO/100 (E12,500.00). Hourly personnel charged shall be computed by dividing the amual salary by 2,080 hours. B. Method of Pavment Funds will be released monthly upon receipt of proper invoice. [nvoices shall be accompanied by copies of records required under Section III (B) and (C) of this Agreement. VI. SUSPENSION AND TERMINATION A. When OAMC and CHAMCO have 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 and CHAMCO, suspend the Agreement and withhotd further payments or prohibit OAMC and CHAMCO fram incurring additional obligations of f�ds, pending corrective action by OAMC and CHAMCO, or a decision to terminate in accord- ance with paragraph B below. B. This Agreement may be terminated for cause or convenience. - 38b - - � Res 91-77 - 3 - (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 and CHAMCO have failed to cort�ply uith the conditions of this Agreement. The City shall promptly notify OAMC and CHAMCO in writing of the determination and the reasons for the termination, together with the effective date. Payments made to OAMC and CHAMCO 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 comnensurate uith the further expenditures of funds. The two parties shall agree upon the effective date and in the case of pertial terminations, the portion to be terminated. OAMC and CHAMCO shall not incur new obtigations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The City shalt allow full credit to OAMC and CHAMCO for any rwr�cancellable obligations properly incurred by OAMC and CHAMCO prior to termination. (3) The parties shall promptly settte 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 OAMC and CHAMCO agree to transfer back to the City any CDBG funds and accamts receivable attributable to the use of CD6G f►rxis on hand at time of expiratior o` this Agreement. OAA9C and CHAl1C0 further agree that any real property under OAMC's and CHAMCO�s control that was acquired or improved in whole or in part with COBG funds in excess of f25,000 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 manner which results in the City being reimbursed in the amount of the current fair merket value of the property less arry portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required atter the period of time specified in accordance with A. above. VII1. AMENDMENTS This Agreement may be amended at any time by a written modification mutually agreeable to both parties here- to. IX. iNDEMNIFICATION OAMC and CHAMCO agree 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. CHAMCO, INC. OSHKOSH ASSOCIATION OF MANUFACTURERS AND COMMERCE ROBERT FICK, PRESIDENT ROBERT MILAM, PRESIDENT DIRECTOR JOHN CASPER, EXECUTIVE VICE-PRESIDENT LJITNESS: CITY OF OSHKOSH WILLIAM D. fRUEH, CITY MANAGER DONNA C. SERWAS, CITY CLERK APPROVED AS TO FORM: APPROVED AS TO fUNDING AVAlLABILITY: WARREN P. KRAFT EDYARD A. NOKES ASSISTANT CITY ATTORNEY FINANCE DIRECTOR chamco:2/91 - 38c - � -°-� a' � � � �-.� -z -� • ,.._, o c o mz sv � � ° " � � A � N � v Z � � —' � V O -G � � (D C/� (/� � � N �� p� .� c�- �..� � r• ci' � O D 3 c� � c� S D S n �