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Home My WebLink About33401 / 85-11JUNE 6, 1985 # 11 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENT BETWEEN OSHKOSH HOUSING AUTHORITY AND CITY OF OSHKOSH INITIATED BY: OSHKOSH HOUSING AUTHORITY WHEREAS, the Department of Housing and Urban Development has requested that the Oshkosh Housing Authority revise the Agreement for Services between the Oshkosh Housing Authority and the City to reflect current practices; and WHEREAS, the current Agreement for Services was entered into on August 30, 1972 and has since become out of date and does not accurately describe the relationship between the Housing Authority and the City, NOW, THEREFORE, BE IT RESOLVED that said Agreement for Services between the Oshkosh Housing Authority of the City of Oshkosh and the City of Oshkosh, Wisconsin, dated August 30, 1972, is hereby rescinded in its entirety and replaced by the attached Agreement for Services. BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into the attached Agreement for Services with the Oshkosh Housing Authority and the City of Oshkosh. - 17 - SUBMITTED BY APPROYED � AGREEMENT FOR SERVICES BETWEEN THE HOUSING AUTHORITY OF THE CITY OF OSHKOSH AND THE CITY OF OSHKOSH, WISCONSZN RESOLUTION # 11 THIS AGREEMENT, made and entered into this day of ,1985 by and between the CITY OF OSHKOSH, WISCONSIN, hereinafter referred to as "City", and THE HOUSING AUTHORITY OF THE CITY OF OSHKOSH, hereinafter referred to as "HOUSING AUTHORITY". WITNESSETH, THAT WHEREAS, Under Section 66.40(4) Wisconsin Statutes, the City of Oshkosh duly created the Housing Authority of the City oP Oshkosh by Resolutio❑ No. 13, February 12, 1970, a�d WHEREAS, under Section 66.40 of the Wisconsin Statutes the elimination of unsafe or unsanitary housing conditions and the furnishing of safe, adequate and sanitary accommodations for persons oi low income constitutes a public purpose ior which aid may be given by the City to the Housing Authority, and _ WHEREAS, under Section 66.403 of the Wisconsin Statutes, the City is authorized and empowered to do any and all things necessary a�d convenient to aid in the planni�g, construction and operatio❑ of various housing projects and enter into agreements with respect to such aid, NOW THEREFORE, the parties hereto do mutually agree as follows: I. By the terms oi this agreement the Housing Authority agrees to operate as a Division of the Department of Community Development of the City of Oshkosh, maintain a close working relationship with the City in the development, construction and operatio❑ of Housing Authority low rent projects and other housing programs, and adhere to the provisions of all City policies, directives, agreements and contracts that are not in conflict with Annual Contribution Contracts betwee❑ the Housing Authority and the Department of Housing and Urban Development, (HUD) the Wisconsin Housing a�d Bco�omic Development Authority (WHEDA), and other federal or state statutes, directives administrative rules or regulatio�s. A. The Housing Authority shall be subject to the provisions of the following City policies including, but not limited to: 1. Personnel Policies 2. Job classification and wage schedules 3. Employee fringe benefits, sick leave, vacation, retirement and insurance programs - 17a - Page 2 RESOLUTION # 11 of six �4: Union and employee association contracts 5. Travel and mileage reimbursement Policies 6. Affirmative Action Plans 7. Equal EmploymenY�Opportunity and Non-discrimination Plans 8. Grievance procedures 9. Purchasing and public bidding requirements 10. Ope❑ meeting statutes ZI. The City shall appoint five (5) Commissioners to the Housing Authority pursuant to Section 66.40(5) of the Wisconsin Statutes. � III. The City shall employ an Executive Director and other administrative and clerical personnel for the Housing Authority as requested by the Board of Commissioners. A. The Executive Director shall serve as Secretary to the Housing Authority, fuliilling the legal requirements of that position as required by State Statutes and Department oP Housing and Urban Development (HOD) regulations. The Executive Director shall also carry out the daily administrative functions of the Housing Authority. B. The hiring of other administrative and clerical positions shall be carried out by the Executive Director in cooperation with the City Personnel Department. The number of said positions shall be determined by the Housing Authority's ability to provide funding for salaries and benefits, stafiing recomendations from HUD and work load determined in cooperatio❑ with the City Personnel Department and Department of Community Development C. New positions shall be added only after recommendations by the Board of Commissioners and approval of the Oshkosh Common Council. IV. When hiring an Executive Director, City administration through the offices of the Personnel Deoartme�t, shall present to the Commissioners the three (3) top candidates for review. The Commissioners shall make known to City Administratio❑ their choice for Executive Director with the final determination to be made by the City Manager. V. All administrative and clerical positions shall be employees of the City of Oshkosh and shall be eligible for all employee fringe benefits offered by the City. A. Position Descriptio�s Personnel Department Director. - 17b - shall be determined by the City in cooperation with the Executive 1 Page 3 RESOLUTION # 11 of Six .B. Salaries and salary ranges shall be established by the Personnel Department i❑ conformance with the Gity's Employee Classification Plan and Wage Schedule. C. All positions eligible for representation by an employee's bargaining group or association shall be so represented by the appropriate group. VI. Those employees engaged i❑ maintenance services or supervision of maintenance or ja�itorial employees shall not be employees of the City of Oshkosh, but shall be direct . employees of the Oshkosh Housing Authority who shall be responsible for all classifications, wages and benefits, and supervision of said employees. VII. The Oshkosh Housing Authority and associated administrative staff shall constitute a Division of the City of Oshkosh Department of Community Development. A. The Housing Authority may receive from time-to-time work assignme�ts or management responsibilities from the Department of Community Development for other programs of interest and benefit to the City. B. It shall be understood, however, that such assignments shall not interfere with the Housing Authority's contractual responsibilities to the Department of Housi�g and [)rban Development under the terms of the various Annual Contributions Co�tracts between HUD and the Housing Authority, nor with similar agreements betwee❑ the Housing Authority and the Wisconsin Housing and Economic Development Authority (WHEDA), nor with any other duly approved agreements between the Housing Authority and other Governmental agencies or private parties. c. It shall also be understood that the cost oP such program responsibilities including salaries and other administrative costs, supplies, equipment a�d the like must be funded separately from the HUD or WHEDA approved budgets of the Housi�g Authority, or any other budget or iunding sources subject to approval by other governmental agencies or private parties. VIII. The City shall cooperate with and aid the Housing Authority in operating and administering the various housing projects and programs and in achieving and maintaining the low rent character thereof, by providing but not limited to, the following services and facilities: A. Office supplies, postage, telephone services, car expenses, travel expenses, advertising, filing and/or £iscal agent fees, membership dues and fees, publications, owned and non-owned automobile insurance, errors and omissions insurance, printing and mailing services, sanitation collections at the various Housing Authority properties, police,'fire and ambulance services, and such public work� services as aJailable. - 17C - .�. Page 4 RESOLUTION # 11 ��bf six .B. Such services of City employees as from time to time may be needed by the Authority to process applicants „ receive -� and collect rents, keep books of account, permit the use oi the purchasing facilities and processes of the City for ��the purchase of supplies, a�d materials and other financial transactions involving the Housing Authority in connection with various housing projects and programs. C. Such services of the City Attorney's office as from time to time needed by the Authority. IX. The City shall also provide the Housing Authority with;advance funding or loans for the purpose of land acquisition, costs associated with the development of low-income housing projects, rehabilitation projects and other federally or state sponsored housing programs prior to construction, actual construction costs for said programs and associated administrative costs to the extent that funds under the control of the City are available and only upon approval of the � Oshkosh Common Council. A. To the extent necessary for fiscal control, dispersal of funds and audit records, the City shall establish a City budget for the Housing Authority. Said budget shall be presented as part of the annual City budget and approved by the Common Council. B. It shall be understood that the City budget for the Housing Authority shall represent only those expendit�res made by the City in behalf of the Housing Authority and shall not include any funds or budgets under the control of HUD, WHEDA or any other governmental agencies or private parties i❑ the acquisition, development, construction, operation or administration of low income housing projects or Housing Authority programs. X. The Oshkosh Housing Authority agrees to reimburse the City of Oshkosh for all expenditures made by the City in behalf of the Housing Authority under the terms of this agreement. A. The City shall submi*_ monthly statements to the Housing Authority For all expenses incurred. Said statement shall include a breakout of expenses including salaries, fringe benefits, telephone service and charges for supplies and/or equipment purchased through the City. B. All expenses charged to the Housing Authority shall be made on an actual cost basis. C. The Housing Authority shall make prompt payments on a monthly basis upon receipt of the City's statement. D. Reimbursement of advance payments or loans for those expenses listed in Sectio❑ VIII of this agreement may be made o❑ a repayment schedule or delayed basis upon agreement between the Housing-Authority and the City. � �, - 17d - J RESOLiJTION $ 11 Page 5 oi Six r ,XI. All records and books of account maintained by eithet party hereto shall. at all times be open for inspection and audit to either party, to the United State Government and its representatives, and to any other public agency or private party that has a bonafide proprietary interest in the monies under the control of said parties. � XII. The services of the City and any agreements entered into between the City and the Housing Authority, and any other agreements, contracts or u�derstandings entered into by Che City or the Housing Authority either jointly or separately under the terms of the former Agreement For Services Between The Housing Authority oi the City of Oshkosh and the City of Oshkosh dated August 30, 1972 shall continue in effect unless they are in conflict with the present Agreement for Services. XIII. This Agreement for Services shall be amended in writi�g only upo❑ approval of the Board of Commissioners of the Oshkosh Housing Authority and the Oshkosh Common Council. XIV. Either party hereto may terminate this Agreement for Services by giving 30 days written notice of its intentio❑ to do so to the other party. - 17e - �, } ��,. . . ., . i_ . . .. . ..._.__.._ _ . _-.._ _.._.. WITNESS WITNESS WITNE55 WITNESS APPROVED AS TO FORM AND EXECUTION Warre❑ Kraft, Assit. City Attorney RESOLUTION # 11 Page 6 of Five THE HOUSING AUTHORITY OF THE CITY OF OSHKOSH, WISCONSIN BY Jzmes A. Mather, Chairman BY John M. Franzen, Secretary (S£AL) CITY OF OSHROSH, WISCONSIN BY William D. Frueh, City Manager BY Donna C. Serwas, City Clerk . , — 17f — (SEAL) n �j=�c a rt (/ � �7 n ' '. � '_ n �: x �" (` �__ � r � � � rn � � � � H �o7, 7•7 � •• � �� , O O � � �' � � W fCD �� o �n � � a `� n� (r � � O O �, O m 7 N a r � � � E� (.. ��