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Home My WebLink About31972 / 82-11July 1, 1982 �� 11 x�soLtrriox PURPOSE: APPROVE AGREEMENT WITH ADVOCAP, INC. INZTIATED BY: DEPARTMENT OF COMMUNITY DEVE,LOPMENT BE IT RESOLVED by the Co�on Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into the attached agreement with Advocap, Inc. Money for this purpose is hereby appropriated from the 1982 Community Development Block Grant Program, Account No. 321-922. - 11 - SUBMITTED BY ;,,,;n- �� } ' .1GREEMENT FOR RESIDENTIAL REHABILITATION SERVICES �� / 1 BE'LWEEN T[iE CI'!Y OF OSNICOSH AND ADVOCAP, INC. 'IHIS AGREE*fENt made and entered io[o this day of 1982, by and betveen the CiCy of Oehkosh, Wisconain, a municipal corporacion, hereinaFter called "Cicy" and ADVOCAP, INC., a Hisconsin non-profi[, non-stock corporacion, hereinaftes called "ADVOCAP". G1ITUE55ETH: 1, PIIRPOSE: The purpose of chis .lgreemenc is [o se[ forth [he teims under vhich che Cicy vill continue [o engage 10VOCAP co pxovide housing rehabilitation as further defined herein co residents of che City of Oshkosh and the paymen[ for [he same by che Cicy [o ADVOCAP. I[ is underscood by [he pas[ies [hat in addi[ion [o the funds beiag paid by tha City co ADVOC.�P herein [hat ADVOCAP also has o[her funding sources co pzovide chese services and [hat AOVOCAP is fully able and capable of pzoviding auch servites. 2. SERVTCES TO BE PROVSDED: 'Lhe service [o be provided by Che ADVOCAP Housing Itehabilita[ion Program is scruc[uzal rehabiLitation [o the homes of eligible�City oF Oshkoah residencs. During [he [ecm of chis current agreemenc, ADVOCAP agcees co provide home vea[herization aervices [o residen[s wi[hin [Fe City served undec con[ract. ADVOCAP shall further provide lauor, supervisian, and equipment necessacy [o imptement [heir services as ou[lined in Chis agreement. 3. PAYMCNT: For che above, the Ci[y agrees to pay ADVOC.IP a maximum amoua[ of Fifty Thousand Dollats (550,000.) from the 1982 Co�uni[y Block Cran[ Program budget or from no interest Loans made [o the homeower for [he ma[erials and services purchased for Residencial Rehabilitation Home Services and for [he peraits, labor, and maceriaLs used by priva[e subcontzac[ors vha are competitively secured by ADVOCAP [o pravide plumbing, heacing, eletcrical, carpencry, and masoncy tehaSilicacive services. 4. FINAL PAYMENT FOR COMPLETED PROJECTS AND dDVOC.�P LABOR: The City agrees to reimhurse ADVOCAP from £unds ot i[s choice, che [o[al amoun[ due on all joba on vhith i[ has agreed [o pay a specific charge. The paymen[ aay be made in up to three installmencs: InstaLlmen[ 1- upon presen[ation of an accep[able ma[erials Lis[ Ins[allmen[ 2- upon comple[ion of 'f of [he [o[al job Fina1 Paymen[ - upon comptecion and final inspec[ion of che en[ire job Approval of final paymen[ ior vouchers submi[[ed on compLe[ed ptojects will be dependent on che folloving cri[eria: That .�DVOCAP has: 1) compleced the projecc page 2 of 4 pages �// vithin 120 days from [he Order to Proceed unless an extension has been gtanted hy the City; 2).<omplied.with 24 CFA Pare 35 (lead-based paint verification); 3) that ADVOCAP's coatract psocedure far all priva[ely contracted residen[Sal rehabili[ation services and matetlal Ss Sa campleta compliance vith che advertiaing requiremencs of the Oehkoah Municipal Code; 4) that [he Procurement Standards of Ca�unity Development Hlock Granc Regula[ions are complied vich; 5) Chat the ptojeets in vhlch macerlals and labor have been used, are phyaically finished in conformance vith Arcicle 5 for chis agreemene; and 6) that choae finished producta have been inspected aad approved as [o [heir comple[eneas hy the appropriate staff of [he Oshkoeh Co�uaity Developmen[ Departmmt. The City ehall pay ADVOCAP on sueh voucher basls, a sum no[ ro eseeed $7,500 per project vhich is ehe established maximum reimbursemenc limiC of ehis agreement. In addi[ion, the City sha11 zeeeive a yua:terly Cu�lative Progiesa Report vhich vill comprehensively describe completed aad current housing-related ac[ivities, as well as indicating proposed projects, and the Monthly Manpover Utillzation &eport (HUD form). 5. ELIGIBILIIY . She final ellgibility for participa[ion in chis program Sy renideats of cha City shall be decermiaed Sy ehe City under che currenc HW Section 8 guidellnea for lov Sncome, elderly, and handicapped. ADVOC.�P shall retain the responsibility foc ini[ially sczeeaing each homeovner's personal ellgibility. The Citq shall zetain tha responai- 6ility for verifying [he fivancial ellgibllity af [he applicant and the housing �Ip�C�9 struciural aad economic eligibili[y for residential rehabilita[ion and procesaing of all laaav. FSnal site seleceions and wrk order deterninationa for residential houeing rehabilltation vill be made Joinely by [he City and AOVOCAP after an environ- menial reviev. All recards and lnformatlon regarding�such ellgibillty and vork order determina[SOna shall be made available [o Che CS[y bp ADVOCAP upan reQuee[. � 6. BUILDING CODES: A11 wck performed by ADVOCAP under [his agreemenc shall tomply vi[h che Building Code of [he City aM the Property Reha6111tation Standards of che City of Oshkosh. In additioa, ADVOCAP shall Snsure [ha[ all necessary building permits are ob[ained for [he vork crhlch ADVOC.IP or ies coneractor(s) shall perform under ehis contract. Completion of Chls aork to be done v111 be suhject [o veriflca[ion by the Division o� Cade Enforcemen[ by [helr inspection procesa. 7. REHABILISATION AGREF.ME'NT: ADVOCAP shall enter Snto an agreement vich each homeovner vhere Nausing Rehabili- [atlon Home Serviees are being performed. The City shall not be held contingen[ly responsible for any comple[ion coscs (i.e. additlonal material or laboc) or [he fulfill- page 3 of L pages �j I� � ment of aay guarancee prwisions ovtlined in the aforemmtioned agreement; noc shall [he Clty te held contingmtly responsible for che execution of other, unvritten provisional itemn mede becveen ADVOGIP and [he home ower, noc expresaly con[ained ia the final wrk order. Change order vill be approved in vriting by ehe apprapriace staff of the City. 8. COJADINATION OF Y70RK: ADVOCAP vill coozdinate all wtk pexformed undex this tDn[Tact vith the City of Oshkosh, uMer che direction oE [he Oshkosh Housing Authority. This cootdi.IUtion and eooperatinn shall include but nct be limited to che following areas: a. Iaitiacion of che vork (Ordez to proceed) vill be given by che City to AIIVOCAP after che follo�ing documenes hava been seceived: 1) che homeounnt's ellgibillty: 2) Che aork specifications; 3) property inspectiona; 4) �ob orders for sub]ecC propetsy: 5) lead- based peint notificatians; and fi) all appropria[e pecmita. b. 'Lhe Ciry shall advise A➢VOCAP of all pasc or current building inapeciion reports vhich may exist on subject propercles to be sexvW undai Chis canczact. c. Priar co the co�encemene of residential rehabillCacion services at any subjeet propercy served under Chls concracc, ehe City ahell make a decermination regarding che azchi[ecCUral/hiscoric preservation impaei of any vork to be performed and advise ADVOCAP of same. d. In ehe performance of services under ehis conerac[, AOVOCAP agrees to cooperace fully vieh any efforts vichin speciflc areae af the C1ty deaignaCed by Che Oshkosh Co�unity Development Oepartmen[. 9. AliTI-DISCRI*IINATION: In performing the vork herein AOVOGY agreea thac it vill not discriminate dgd169C anyone on the basia of race, creed, colar, sex, Aari[al staCUS, or nacional origin in its employment prac[ices and/ar in ptoviding che services agreed [a herein. 10. TERH OP TtiS ACREE:�[i7': This agreement shall be in effect unt11 June 15, 198J, su6ject eo ehe folloving conditions: a. T1+is egrement may be cerminaced by eithea parcy upon 30 daya �+rStten notifica[ion of one [o the othet.. D. Upon cermination, TDVOCdP vf.11 submit to the City, any bi111ngs fot meterials, conCZactor's cos[ and labor chat che C1ty has agceed co pay uMee [he tesms of [his agteamenc, and after the priaCipal parties have accounted [o eath ocher vi[h respett ro all financial ma[ters outs[anding as of [he [ermina[ion da[e, [he City c+111 furnish ADVOCAP security in form and principal amount sa[isfaccory eo ADVOCAP against any obligations or 1labili[ies vhich ADVOCAP may have properly Sncurred under the terms of [his agreemenC. c. That all individual rehabilita[ian projects shall have 6een �� sacisfactorily comple[ed according co Sectlon G of this agreement priot [o [he Cermina[ion da[e. page 4 of 4 pag�� 11. DEFERRED PAYME:IT LOAN. The homeovner shall receive a no in[ezest deferred pa}rmene loan from [he City of Oshkosh. The homeocver shall 6e required [o give [he City of Oshkosh a mortgage and promissory no[e in Che dollar amount of [he ADVOCAP rehabillta[ion cost. The mo[[gage and note vill be slgned by Che homeowner pzior [o co�encemen[ of vork. The homeowner sha11 repay [he City of Oshkosh che in[erest free loaa vhen one of [he folloviag occurs: (1) The fiome is sold; (2) The home is converted i¢to rental property; (3) the dea[h of homeowner or spouse. The Oshkosh Housing Au[hority shall be tesponsible for the processing o£ the defetred payment loan. 12. ZNTERPRETIVE PROVISIONS. A[ all times [his agreement sha11 he subjec[ and su6ordina[e Co all righ[s of Che Department of Housing and Urban Development and the Co�uni[y Developmen[ B1ock GranC regulations [hat may nov or in the future affect [he abili[y of Che Ciey to provide funds for ehe purposes of this program. This agreemeni cons[i[utes [he entire agreemen[ be[veen Che City and ADV-0G1P, and no charge shall be valid unless made in wci[ing and executed by Lo[h principal par[ie�. IN WIT:7E55 WHEAEOF [he partles have hereun[o set their nands a¢d seals [he day and year first above writ[en. ADVOCAP CITY OF OSHKOSH Execu[ive Direc2oz City :fanagez City Clerk Ci[y Controller Approved as to form and execu[ion: Ciry ACtorney r-I r-I � f .� � � v � � N F+ bD � ti N �. 9 O y F+ • +> al � H � � O ^ � •d � P� O v L', U H F�i � A U � Q�i �+ rl O O ,� •.d v1 t� l� N •rI O r.� 3 � N � �� x � � �J N � � r1 �.'� U .. \\? � � i� h � U