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Home My WebLink About91-074 , � FEBRUARY 21, 1991 91_�4 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENT WITH WINNEBAGO CONFLICT RESOLUTION CENTER INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT BE IT RESOLVED by the Common Council �f the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into an appropriate Agreement with Winnebago Conflict Resolution Center for funding under the City's 1991 Community Development Block Grant Program, in an amount not to exceed $13,046.00 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 tt�e 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. r-rn;r;-..,, il�.iL�.�:.��1��I1 .�!y� --^-"----�..-..s }�'..� i�+� " "�-r � , f - 35 - � Res 91-74 A G R E E M E N T � THIS AGREEMENT is between the City of Oshkosh, a Yisconsin m�micipal corporation, herein referred to as "CITY��, and Ninnebago Conflict Resolution Center, Inc., a Wisconsin non-profit corporation, herein referred to as "41CRC". I. GENERAL DESCRIPTION A. The City has received funding from the U.S. Department of Housing and Urban Developnent (HUD) under the Title I Cam�unity Development Block Grant Program, to undertake projects and activities as indicated in the City�s Final Statement of Cormiunity 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 WCRC to carry out the activities in compliance with this Agreement and other applicable regulations referred to herein. B. Punding under this Agreement shall be paid with 1991-92 Cam�unity Developrnent Block Grant (CDBG) funds. Should said funds not be received by the City, this Agreement shall be null and void. I1. SCOPE OF SERVICES A. WCRC shall: (1) Provide mediation services to low- and moderate-incane residents of the City of Oshkosh. (2) Coordinate efforts of volunteers and other agencies in regard to mediation services. (3) Provide said services in accordance with the objectives outlined in WCRC's proposal to the City (see "Appendix A", which is attached and fully incorporated into this Agreement). B. Said services shatl camience on or about March 1, 7991 and shall be completed by February 29, 1992. III. REPORTING REQUIREMENTS/RECORDS A. WCRC shall provide quarterly reports to the City beginning June 1, 1991, which at a minimum shall include the following information: (1) Amount of CDBG funds expended per budget. (2) Type and amount of services provided. (3) Nurnber of clients and percent of clients from the City. (4> Nurrber of persons in clients family and family income. (5> Progress towards program goals. Records to substantiate these reports shall be kept on file at the uCRC office. 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 applicabte Federal cost principals. C. Provide the City with a copy of an annual audited financial statement for any fiscal year for which WCRC received CDBG funds under this Agreement. D. All records required under this Agreement shall be retained for three (3) years after cortipletion of the project, or after all pending matters relative to this Agreement are closed. E. WCRC agrees to provide access to the City, the U.S. Department of Flousing 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. IV. STANDARD PROVISIONS A. WCRC 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 shatl apply to but not be limited to the following: employment, upgrading, demoiion 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 ctause. 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. - 35a - Res 91-74 - z - B. YCRC will meke a good faith effort to use minority and women-owned businesses in procurement of supplies, and upon request of the City, must provide satistactory evidence of such effort. Additionally, uCRC agrees to provide the City with the name(s) and contract �no�mt(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 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 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 under any patent issued thereupon, shall be disposed of and administered, in order to protect the public interest. E. WCRC agrees 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 Water Act (33 U.S.C. 1368), Executive Order 11738, and Envirormental Protection Agency regulations (40 CRP Part 15). F. WCRC agrees to comply with mandatory standards and policies relating to energy etficiency which are contained in the State Energy Conservation Plan. G. No officer, ertiployee 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 Circulars 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 . WCRC shall perform all uork under this Agreement for an amount not to exceed THIRTEEN THOUSAND FORTY-SIX DOLLARS AND NO/100 (513,046.00). B. Method of PaYment Upon receipt of proper invoice, payment shall be made in two (2) installments of SIX THWSAND FIVE HUNDRED TWENTY-TNREE DOLLARS AND 00/100 (E6,523.00) each; one in April and one in August. VI. SUSPENSION AND TERMINATION A. uhen WCRC has failed to cortiply with the terms, conditions or standards of this Agreement or applicable U.S. Department of HUD regulations, the City may, on reasonable notice to YCRC, suspend the Agreement and withhold further payments or prohibit WCRC from incurring additional obligations of funds, pending corrective action by WCRC, 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 WCRC has faited to canply with the conditions of this Agreertient. The City shall promptly notify WCRC in writing of the determination and the reasons for the termination, together with the effective date. Payments made to WCRC 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 cortmensurate uith 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. WCRC 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 WCRC for any noncancellable obligations properly incurred by WCRC 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. - 35b - Res 91-74 - 3 - VII. REVERSION OF ASSETS WCRC 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. WCRC further agrees that any real property under WCRC's control that was 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 �mtil 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 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 uith A. above. VIII. AMENDMENTS This Agreement may be amended at any time by a written modification mutually agreeable to both parties hereto. IX. INDEMNIFICATION WCRC agrees to and does hereby hold the City harmless and does hereby indeimify 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. 41ITNESS: WINNEBA60 CONFLICT RESOLUTION CENTER, INC. KRISTI BRADDISH, DIRECTOR BRUCE SCHMIDT, PRESIDENT NITNESS: CITY OF OSHKOSH WILLIAM D. FRUEH, CITY MANAGER DONNA C. SERNAS, CIT7 CLERK APPROVED AS TO FORM: WARREN P. KRAFT ASSISTANT CITY ATTORNEY APPROVED AS TO FUNDING AVAILABILITY EDWARD A. NOKES FINANCE DIRECTOR ucrc:2/90 - 35c - ' ": � "APPENDIX A" Res 91-74 NAME ci� ORGANIZATION/A�ENCY �e Winnebaeo Conflict Re�olution Center, Inc. ADDRESS Zg21 Stoney Beach Ave, Oshkosh 54901 PHONE # (414) 426-0261 CUNTACT P�RSON Pat Nichols 1 . PL�AS� �IVE A BRI�F DESCRIPTION UF yOUR AG�NCY UR ORGANIZATIUN AND ITS GOALS. We are a non-profit agency whose purpose is to provide trained. volunteer nediators to help citizens resolve disputes peacefull.y and effectively. In addition, we plan to offer workshops and education in conflict resolution. Our missi_on statement is "To help citizens resolve their disputes efiectively, expeditiously, and with compassi�n and thus serve as an alternative to the court� for resolving disputes." We have a 14 memher Board of Director.s repr.esentin4 government, the courts, law enforr.amenr., bi��iness, and education at all levels and have been incorporated in the State of Wisconsin since August 1990. 2. PL�AS� GIVE A 8i21EF DESCRIPTIUN OF TNF PRUJECT, INCLUDING UBJFCTIV�S AND ACTTVITIFS. The Block Grant would provide fundin� for the following project objective: OBJECTIVE: Provide mediation services as an alternative to the courts and law enforcement for resolving disputes to low/moderate income residents of the City of Oshkosh. ACTIVITIES: Free mediation services in areas such as: landlord/tenant, customer/business, 'room-mate, debtor/creditor, etc. , conflicts. Contact agencies serving low/mod- erate income residents to inform th�n of our services; monthly training of volunteer mediators, outreach to low/moderate income residents to inform them directly of our services. 3. PL�ASF PROVID� A BLlDGET FUR TH� PROJ�CT. The b��d�et to provioe services to lo�a/moderate income re�idents of Oshkosh woiild provide for staffing and other operation costs as listed: S�^�LAP.IES $ 8,000 (Vol. Coord.) PUBLIC INFORMATION $ 200 (Including benefits) 9,000 (Director) EQUIPMENT 850 5,000 (Office asst.) RENT 1,000 TOTAL $ 25,500 T�LEPHONE 500 PP.INTING 450 �NA`�T ��p��,�p To � !3 DUPLICATION 250 04+� • SiTPPLIES 100 /J POS'T�GE 150 -�"� 4. PLFAS� DESCRIBF NcJU! TNE PROJECT OBJFCTIVFS QND ACTIVI7IES ARE RELAT�a TO 7HE GGIDELINES ES7aBLISHED BY TH� PuBLIC SFRVICES S(IBCUMMITT��. 1. The money received from the Block Grant Program will be spent only on services and out- reach to low/moderate income residents of the City of Oshkosh. All people receiving services will be requested to complete forms showing their addresses and income range. 2, There are no other dispute resolution centers in Oshkosh or Winnebago Co. Small claims in the County (a nwnber of which could appropriately be resolved through mediation) have risen from 2672 cases in 1983 to 4520 in 1989. Representatives from the courts and law enforcement agencies recognise mediation as an eff.ective alternative to adjtidication. 3, The project would assist low/moderate income residents to resolve conflicts in a non- threatening environment and would educate them on new methods of conflict resolution that are non-violent such as mediation. 4. Since this is a new approach to resolving conflict in the Oshkosh area, there are no other primary funding sources. However, it is hoped that through time more sources will be found to support mediation as a recognized service to the corrm►unity. . - 35d - THE DEADLINE FOR SUBMISSION IS FRIDAy, UCTUB�R 12, 1990 4:30 PM . _ ;. ,� `.,� �. �',� „ � o � o� � � � � � � � � � -s -n -z � � o c � o � mz a �• < -p p •• 'T C� (D •• �G r+ � N �c� z a � � � � o � o � c� m cmi� cmn °v ° � -� � c N � r+- � �rn � �. � `-�- o � � �. c� �- � � � c+ --� N � � (D L f.+• � � � Q � � �