The URL can be used to link to this page

Home My WebLink About91-076 FEBRUARY 21, 1991 91-76 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENT WITH OAMC AND OCDC INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT BE IT RESOLVED by the Common Council of the City of Oshkosh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 authorized and directed to enter into an appropriate Agreement with the Oshkosh Association of Manufacturers and Commerce (OAMC) and the Oshkosh Commercial Development Corp. (OCDC) 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. .. .„�_�,�.,.,�,. ;��.:::,:±..1_�.J }'! � �� a A?'P C�'ED�JZ�� .� i�� - 3 7 - • Res 91-76 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 knoun as Oshkosh Association of Manufacturers and Conmerce, herein referred to as "OAMC", and Oshkosh Commercial Developme�t Corporation, herein referred to as ��OCDC��. I. GENERAL DESCRIPTION A. The City has received it�nding from the U.S. Department of Housing and Urban Development (HUD) under the Title I Camiunity Devetopnent Btock Grant Program, to undertake projects and activities as indicated in the City�s Pinal Statement of Camunity 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 OAMC and OCDC to carry out the activities in campliance with this Agreement and other applicable regulations referred to herein. B. Funding under this Agreement shall be paid with 1991-92 Camiunity 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 OCDC to accomplish the services in fI.B. belou. (2) Provide the City with OAMC's total operating budget and in the budget indicate the use, if any, of COBG funds, as well as the annual salary of any persorxiel to be paid with CDBG funds. B. OCDC shall, in cooperation with the City: (1) Promote, market and assist in the administration of the Oshkosh Cormiercial Rehabilitation Program. (2) Act as the review board for specific rehabilitation projects, and the Program in general. (3) Encourage the coordinated rehabilitation of buildings in the Program area. (4) Assist in the coordination of streetscaping projects. (5) Provide the City with OCDC's total operating budget, and in the budget indicate the use, if any, of CDBG funds, as well as the annual salary of any perswxiel to be paid with CDBG funds. C. Said services shall cam�ence on or about March 1, 1991 and shall be canpleted by February 29, 1992. III. REPORTING REGUIREMENTS/RECORDS A. OAMC and OCDC shall p�ovide quarterly reports to the City beginning June 1, 1991, uhich at a minimum shall include the following information: (1) Am�unt of COBG funds 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. Alt disbursements shsll have doeunentation 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 uholly 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 OCDC received CDBG funds under this Agreement. E. All records required �der this Agreement shall be retained for three (3) years after completion of the project, or after all pending inatters relative to this Agreement are closed. F. OAMC and OCDC agree 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, docunents, papers and records which are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. - 37a - � Res 91-76 - i - !V. STANDARD PROVISIONS A. OAMC and OCDC 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 employment because of race, color, sex orientation, religion, sex or national o�igin; and (2) affirmative action uill be taken to ensure that applicants are ertQloyed and that employees are treated during employment uithout regard to their race, color, religion, sex orientation, sex or national origin. This requirement shall apply to but not be limited to the following: ertiployment, 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. The�e 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 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. OAMC and OCDC 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, OAMC and OCAC agree to provide the City with the name(s) and contract amount(s) of all minority and wamen-owned businesses awarded contracts on the project. C. If the p�oceeds used under this Agreement resutt 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 ticense to reproduce, publish or otherwise use, and to authorize others to use all copyrighted material and all materials which can be copyrighted. D. Any discove�y 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 petent protection on s�h invention or discovery shall be sought and how the rights in the invention or discovery, including rights �der any patent issued thereupon, shall be disposed of and administered, in order to protect the public interest. E. OAMC and OCDC agree to comply with 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 Yater Act (33 U.S.C. 1368), Executive Order 11738, and Envirorniental Protection Agency regulations (40 CRF Part 15). F. OAMC and OCDC agree 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, shalt 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, as appticable. V. PAYMENT FOR SERVICES A. Contract Amount OAMC and OCDC shall perform all work under this Agreement for an amount not to exceed TNELVE THOUSAND FIVE HUNDRED DOLLARS AND NO/700 (512,500.00). Hourly personnel charged shall be computed by dividing the annual salary by 2,080 hours. 6. Method of PaYrt�ent Punds will be released monthty upon receipt of proper invoice. Invoices 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 OCDC have failed to camply 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 OCDC, suspend the Agreement and withhold further payments or prohibit OAMC and OCDC fram incurring additional obligations of funds, pending corrective action by OAMC and OCOC, or a decision to terminate in accord- ance with paragraph B below. B. This Agreement may be terminated for cause or convenience. - 37b - � Res 91-75 - 3 - (1) TERMINATION FOR CAUSE: The City may terminate this Agreement in whole or in part at any time before the date ot completion, whenever it is determined that OAMC and OCDC have failed to cortiply with the conditions of this Agreement. The City shall promptly notify OAMC and OCDC in writing of the determination and the reasons for the termination, together with the effective date. Payments made to OAMC and OCDC 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 contirwation of the project would not produce beneficial results camiensurate with the further expenditures of funds. The two parties shall agree upon the effective date and in the case of partial terminations, the portion to be terminated. OAMC and OCDC 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 OAMC and OCDC for any noncancellable obligations properly incurred by OAMC and OCDC 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. VII. REVERSION OF ASSETS OAMC snd �CDC agree to trerssfer Cack ta the Ci•.y a�r CDBG fu�ds arsd accounts receivabie atiributabfe to .he use of CDBG funds on hand at time of expiration of this Agreement. OAMC and OCDC further agree that any real property under OAMC�s and OCDC's control that uas acquired or improved in whole 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 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 the�eof attributable to expenditures of non-COBG funds for acquisition of, or improvement to, the property. Such reimtwrsement is not required after the period of time specified in accordance uith A. above. VIII. AMENDMENTS 7his Agreement may be amended at any time by a written modification mutually agreeable to both parties here- to. IX. (NDEMNIFICATION OAMC and OCDC agree to and does hereby hold the City harmless and does hereby indemiify the City against any claims or demands of arn 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. OSHKOSH COMMERCIAL OSHKOSH ASSOCIATION OF DEVELOPMENT CORPORATION MANUFACTURERS AND COMMERCE CA7HY ZIMMERMAN, PRESIDENT ROBERT MILIAM, PRESIDENT ROB KLEMAN, DIRECTOR JOHN CASPER, EXECUTIVE VICE-PRESIDENT LIiTNESS: CITY OF OSHKOSH WILLIAM D. FRUEH, CITY MANAGER DONNA C. SERYAS, CITY CLERK APPROVED AS TO FORM: APPROVED AS TO FUNDING AVAILABILITY: NARREN P. KRAFT EDWARD A. NOKES ASSISTANT CITY ATTORNEI' FINANCE DIRECTOR oamc:2/91 - 37c - ao � -a � � -� v -a cn 7J � � '-S • � O C O m z sv < � � •• -S lD �D .. c� a i N (fl V z A D —> "S Ql O � � � lD m m o m cn tn v -� � -� �o m ��-. � � rn � � �� .. � � 0 � � c� � 0 c� 0 c-�