HomeMy WebLinkAbout30598 / 80-17FERRJAkY 21, 1980
# 1% RESOLIITION
PURPOSE AMEND CONTRACTS FOR STATE INCENTT6'E DEMONSTRATION
PROJECT WITH THE STATE DEPARTMENT OF LOCAL AFFAIRS
AND DEVELOPMENT, THE OSHKOSH COMMERCTAL DEVEL�PMEHT
CORFORATION AND THE OSHKOSH ASSOCIATION OF MAhIIFAC�URES
AND COMMERCE.
INITIATED BY
WHEREAS,
enhancing the
area, an3
DEPARTMENT OF CDMMUNITY DEVELOPMENT
the City of Oshkosh is desisous of establishing and
residential and commercial character of its dovntown
WHEREAS, the State Incentive Demonstration Project authorizes
funds to be given for such programs, and
WHEREAS, the Common Council of the City of Oshkosh auttiorized
the proper city officials to enter into the contracts necessary to
administer said grant, namely, State Department of Local Affairs and
Development, the Oshkosh Association of Manufacturers and Commerce
and the Oshkosh Commercial Development Corporation, and
WHEREAS, additional monies under the State Incentive Denonstration
Project have been made available to the City of Oshkosh, and
WHEREAS, additional funding requires the amendment of tbe app*-oved
contracts,
NOW, :HEREFORE, BE IT RESOLVED by [he Common Council of the City
of Oshkosh that the groper city officials are hereby authorized snd
directed to enter into the amended contracts as attached.
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1979-81 GRANT CpNTRACT
betcaeen the
� State of Tdisconsin �
Department oE Local Affairs and Uevelopment
and the
City of Oshkosh, Wisconsin
SIP-04
Project
I. Introduction
This Agreenent is entered into on the first day of Idarch, 198J, by
an� oetw�en the State of 1•lisconsin, Uepartment of Local Affairs nnd
Develop�ent, hereinaftez referred Co as the "Department,"` and the
City of Oshkosh, 4lisconsin, hereinafter referred to as the
"Grantee."
WIThESSETH THAT:
- Wk.EREAS, the Dzpartr.ient has been appropriated funds for grants
tu local governments and community organizations for neighborhood
revitalizatioa.
4hiEP.EAS, the State of Flisconsin, Departraent of Local Af£airs
a:�d Develo?ment, is the state's duly constituted planning aoency
responsible for fornulation of plan-: and programs for the econonic
and physical develop�ent of various regions of the state, and
krHEREAS, the United States Government, through the Depa:tment
of Housing and Urban Development, has agreed, subject tc cer[ain
conditions, to parricipate financially in carrying out the plannino
effort, and
L�OW, THEREEORE, in consideration of the mutual covenants and
agree�nents as hereinafter set forth, the parties to this contract
agree to the followin�.
II. Scope of lJork to be Undertaken by Grantee
PROJECT BUDGET
Project Costs
Director,
Oshkosh
Commercial
Development
Other staff
Fringe (25%)
Space
Office
Supplies
Clerical
Services
Travel
Rehabilitation
Grants
Total
701 DLAD
17,000
4,250
45,000
$2i,uo S�ts,000
SCOPE OF IdORP.
Grantee
Share
7,440
i,ssc
1,500
1,000
2,000
500
$i�f,3oo
Total
17,000
7,440
6,110
1,500
1,000
2,000
500
45,000
$80,550
T�,�; rl.�, ;,f p�;;��_�.�}� ..,�rk�r�g thro��gh the Oshkosh Com�aercial D�valopnent
Corporatioa, will employ a Di.rector for the Oshl;osh Comm�rcial Development
Corporation. The Director of the Oshkosh Comm>rcial Development Corporation
will b� responsible for coordinating rehabilitation and business assistance
pro�rams in the agreed upon target area; establishing a ciearinghouse for
vacant properties; pinnning and developing a downtowa marl;2ting program; and
providir.� technical assistance to residents and merchants in the taroet area
in securing rehabilitation financin� an1 business assistance.
Tiie City of Oshtcosh will also establish a rehabilitation matching grant
program. Under the Fro�ram, property owners in the target area wi11 be
eligible to receive a portion of their cost of rehabilitation through a
direct grant. Th� Grantee will strive to adhere to the schedule of
oSjectives sl�own in Attacnment A.
0
III. Time Schedule
The aforemeationed itens of work shall be completed during the
12-month period beginning t4arch 1, 1980 and ending February 28, 1981,
unless such contract period is extended by mutual agreenent between
the parties of this contract and in compliance with existing HUD
directives.
The Grantee shall prepare, at minimum, monthly Einancial and quar-
terly narrative progress reports to be submitted to the Depar[�ent
within fifteen (15} days after the end of each period. The quarterly
periods shall end on May 31, August 31, November 30 and February 28.
The narrative report musr identify the progress of each work element
and percent completion by caork element; a statement on expenditures
to date and an estimate of additional fime and costs to complete the
p:ogram elements. Any condition affectino the timely completion of
the pzogram elements should be identified. The Secre[ary of the
Department reserves the right to withhold grant funds if the prooress
reports are not submitted or do not indicate adequate progress on the
prooram. In addition, a final narrative and financial report shall
be submitted within 45 days after the closing date.
YV. Fin2ncial Participation
1. It is understood that carrying out of this contract is dependent
upon final approval of the work progra� and guarantee of financial
support by the Federal Department of Housing and Urban Development,
which is expec[ed to provide a portion of the funds under Section 701
o£ the �lousing Act of 1954, as amended. Each category of HUD funds
must be used in accordance with existing HUD regulations for that
category, A lack of HUD financial participation would result in a
reduction of the contract by a like amount.
2. The Grantee will provide $14,300 in match as part of the local
g?:grq �:f proiect costs. All sources of match wi11 be identified in
the quarterly progress reports.
3. The Department shall provide an advance payment equal to $16,563.
The adeance wi11 be issued after the department has received this
si�ned agreement £rom the Grantee. Regular progress payments in an
amount equal to the total expenditure of grant funds reported for
each month may be riade upon receipt of a fonn DLAD 708 showing the
amount of payment requested, Such progress payment shall be made
only if the required monthly financial and quarterly progress reports
have been received and after approval of the paynent by the birector
of [he Bureau of Community Planning and Technical Assistance of the
Departmen:. The total amount [o be paid under this contract shall
not exceed $66,7_50. Any cnanges in the project budgeh shall require
written approval of the department prior to such change.
�F. Upon completion of approved work elements, any remaining unex-
pended funds in the possession of the Grantee shall be returned to
the D�partment within 45 days of the end of the contr.act period.
�
V. Supervision and Responsibilities of the Department
1. Tlie services performed under this Agreement shall be under the
general supervision of the Secretary of the Department or his
desionee.
2. Termination of Contract for Cause. If, through any cause, [he
Grantee shall fail to fulfill in timely and proper manner the obli-
gations under this Contract, or if the Grantee sha11 violate any of
the covenants, agreeoents, or stipulations of the Contract, the
Denartment shali thereupon have the rig5t to terminate this Contract
by giving crritten notice to the Grantee of such ternination end
spzcifyino the effective date thereof, at least five (5) days before
the effective date of such termination.
3. The Grantee shall subnit to the Department copies of any
cor.tzacts it enters into with another party to perforen any portion of
the progra� authorized under this agreement. Any coatracts which the
Grantee enters into must obligate all parties to perform assistance
work in conformance with the program guidelines issued by the Depart-
ment, The Department reserves the right of final approval by any
contract entered into by the Grantee usino these funds.
VI. Records
1. The Grantee wi11 establish and �aintain fiscal control and
accounting procedures which assure that the funds availaLle for the
conduct of the programs and projects covered by this grant are
properly disbursed, adequately controlled and fu11y accounted for.
2. The Grantee snall retain for audit purpuses a11 relevant finan-
cial and program materials for five years foilowing the completion of
this grant. The Grantee shall have the funds from this grant audited
in the general audit(s) of its operations. The Grantee shall submit
a copy of applicabl.e audit(s) report(s) to the Dzpartment.
3. The Depart�ent and.,any of its autborized representatives will
have access to and the ri�ht to examine, audit, excerpt, and tran-
scriUe any directly pertinent books, documents, papers and records of
the Crantee involving transactions relating to the contract.
4. Federal rules and regulations of the Dzpartment oE Housing znd
Urban Development shall be adhered to in all respects by the parties
hereto, except insofar as contrary to or inconsistent with tne laws
of the State of Wisconsin.
�'II. Ptiscellaneous
]. The scoF>a of services to be perforned and the total amouat
payabie uader this Contract, including any increase or decrease in
the Grantee's or any subcontractor's compensation under this A�ree-
mznt, may be amended or supplci�ented by unanimou� written agreement
by [he parties in the Contract.
2. The Grantee shall deliver to the Department within the contract
period six (6) copies of all reports documenting the basic s[udies,
preliminary and final planning proposals and regulatory measures
specified by this Agreenent, unless the Department agrees to accept a
smaller number. The Grantee shall be responsible for distributing
publist�ed reports as required by HUD Handbook II CPM 6042.1 REV and
submitting ten (10) copies to regional depositories, three (3) copies
to the State Legislative Reference Bureau and three (3) copie's to the
State Historical Society. The Grantee shall prepare an abstract for
each published document on a form provided by, or acceptable [o, HUD
and a copy of che abstract shall be attached to or bound within each
copy of the report.
3. The Grantee shall deliver a final report detailing the work
activities of the entire project period; the problems encountered;
an3 the end results.
4. Equal Employment Opportuni[y. "Tn connection with the perfor-
nance of work under this Contract, the Grantee agrees not to dis-
criminate against any employee or applicant for employnent because of
age, race, religion, color, handicap, sex, physical condition, devel-
opnental disability as defined in s. 51.01(5) or national origin.
This provision shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruit-
�ent advertisino, layoff or termination, rates of pay or other forms
of compensation, and selection for training including apprenticeship.
The Grantee further agrees to take affirmative action to ensure equal
employment opportunities. The Grantee a�rees to post in a conspicu-
ous place available for employees and applicants for employnent,
notices to be provided by the contracting officer, upon request,
setting forth the provisions of the nondiscrimination clause."
5. Compliance with Title VI of the Civil Riohts Act of 1964, The
Grantee shall comply with Title VI of the Civil Rights Act of 19b4
(73 Stat. 214), and with the regulations and requirenents of HUD
issn,::l �ur.suant thereto (24 CFR Subtitle A, Part I, Section 1.1 et.
seq.), and with the agsurance by the Grantee pursuant thereto.
6. Arbitration of Disputes. Any disputes between the Department and
the Grantee regarding quality, quantity, and timeliness will be
subject to arbitration as provided in Chapter 298 of the Wisconsin
Statutes. The Grantee must be�in proceedin�s in Dane County,
4lisconsin Circuit Court within ninety (90) days of the termination
day of this contract or they are forever precluded from arbitration
under Chapter 298 of the Wisconsin Statutes.
IN WITNESS WHEREOF, [he Department of Local Affairs and Development
and the have executed this Agreement as of [he date first above written.
STATE OF WISCONSIN
DEPARTMENT OF LOCAL AFFAIRS � DEVELOPA�NT
Dennis Fay, Director
Bureau of Community Planning
� Technical Assistance
a -a�-gv
Date
by�l�sw-c.� Cl . �-r-�— a�,. ' 3 /3 �80
Bruce A. Hendrickson, Secretary Date
Department of Local Affairs S Development
CITY OF OSFIICOSA
bY ��/��. �����►° ����0
Warren Renando, Director Date
Department of Community Development
City of Oshkosh
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Willaam Frueh, City Manager
City of Oshkosh �
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Date
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Attachment .�: U3 ectives
i
j I. R�cruit and employ Director for Oshkosh Development Corporation-
Activities: develop position description; advertise position;
accept application, screen applications; conduct interviews; choose
best candidate; arrange starting date. (t4arch 15, 1980)
II. Train and orient Director.
Activities: develop program to orient diLector to area businesses
and merchants, public rehabilitation and business assistance pro-
grams; develop procedures for rehabilitation program and community
activities. (April 15, 1980)
III. Coordinate public reha6ilitation programs and give technical
assistance to area merchants and residents in using rehabilitation
programs.
Activities: disseminate information to merchants and residents
regarding available assistance in applyino for SBA loans, re-
habilitation grants, etc. (April 15, 1980 - on�aard)
IV. Establish Clearinghouse for vacant properties.
Activi_ties: inventory vacant properties in area, set-up file with
descriptive information, contact persons and other relevant in-
formation, provide referral to interested potential tenants.
(➢fay 15, 1980 - onward)
, �'. Develop do�antown program.
Acti.vi.[ies: plan and develop docantotun beautification project
using locai summar youcti ptugxau: and �T'sTA; �i2�1 an3 ���:�:lci,
neighborhood events e.g.�outdoor art shocos, farmers market, etc.
(Jun. 15, 19$0 - omaard)
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��`�;i�, � State of '4�'isconsin �
-,: �
Lee Shermon Diey�us
Gninrno�
Fol'S�IS2.Yj� 2�� 1:�8�
Mr. STarren Renando
Director of Cors�unity Developmznt
City of Oshkosh
City Hall
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54901
Dear Mr. Reiiando:
DEPARTMENT Of LOCAL AFFAIRS & DEVELOPMENT
B�uce A. HendiiGkson
Secretary
Idl West Washington Pvenve
Mailin9 AQaresf: P.O. Box 75JG
Matl6on,WI SI70T
. (608)366dD1d
Enclosed for your review and signature are tsvo copies of the grant agreeuient
bet�aeen the City of Oshkosh and the Department of Local Aff2irs and
Development.
The grant, from our State Incentive Demonstration Program, wil.l enable the City
of Oshl;osh and the Oshkosh Development Corporation to better coordinate revi-
taiization e£forts for the downtown target area.
Flease read the agreement carefully, paying particular attention to Attach-
ment A, Objectives. The City of Oshkosh will be evaluated on those ebjectives.
Please have both copies of the agreement signed and dated by the approf�riate
persons. The signed agreements should be returned to: Mr. John Evans, Depart-
ment of Local Affairs and Developr�ent, P.O. Box 7970, i•fadison, LTisconsin 53707.
4Then the signed agreement is received, we coill send you an advance paym�nt of
$16,563.
Also attached are the monthly financial reporting forms that you will use in
reporting the financiat status of the grant and obtaining additional ittstall-
ments. A quarterly report forne to be used in reporting on your program in
achieving the grant objectives will be sent to you shortly.
If you have any questions on this agreement or other natters, do call
Pfr. Evans.
I acn pleased that we can assist the City of Oshkosh in its endeavors to revi-
talize its dowcttowce area.
Si.ncerely,
,�-��` .
-k �n,�.�.c_ � .'�- e-uc�' .�...���...��..�__.._S„
Bruce A. ilendricksoa
Secretary
3AH�;
�-196.Y
l�ttacliments
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• 1 � ' AGREEMENT l� -
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The Oshkosh Commercial Develo ment Cor oratio �
P P nr
the Oshkosh Association o£ Manufacturers and Conmerce, and
the City of Oshkosh agree as follows: . • •
1. The City shall apply for f�nds($66,250.0�) �
under the State Incentive Demonstration Project and upon
receiving the grant agrees that it sha21:
' A. Provide funding of $2i,250.'to the Oshkosh
Commercial Development Corporation for the purposes ' _
of hiring personneL
B. The City shall utilize the balance thereof
for the purpose of making payments to qualified
recipients of an inkerior renovation grant program
as outlined in Exhibit °A" attached hereto.
C. It shall provide personnel and equipmQnt
for the administratipn so as to carry out the �
. provisions of Subparaqraph B above. � :'
D. Zt shall provide a general consulting
service to the Oshkosh Commercial Aevelopment_•
� . Corporation as it is capable of doing so. .
2. The Oshkosh Commercial Development Corporation �
agrees: �
. A. To promote said attached interior renovation
� grant program.
" B. To promote the Oshkosh Commercial . �
Rehabilitation Loan Program as set torth in the
attached Exhibit "B". - -
C. To promote the "312" Commercial Loan Program �
as set forth in the attached Exhibit ^C".
D. 2'o make proper application for personnel .
under the Winne-Fond Comprehensive Empl,oyment
Training Act and proVide supervision•of said gersonnel .�
in the maintenance of landscaping and beautification
projects in the downtown area.
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E. To provide time of non-paid personnel
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and materials for the implementation of tihe abave
program in an aggregate value of not less than
$2,500.00.
3. The Oshkosh Association o£ Manufacturers aud
Commerce agrees to provide the necessary office space an�3
secretarxal services to accomplish the above mentioned
purposes.
�l. This agreement shall be in effect upon pro�er
exec�tion thereof by all partaies hereto and shall contie�ue for
one year from the date of the commencement of the employarent
of the personnel to be hired by Oshkosh Commercial Develapment
Corporation; provided, however, in no event shall this
agreement extend heyond two years from the date of the r�ceipt
of the grant funds referred to in Paragraph 1 he�eof_
5. This agreement shall be binding on the par�ies
hereto and their successors and assigns:
IN WITNESS WHEREOF, the parties have hereunto
set their hands and seals as of this day of -
1980. . .
OSHKOSH COMMERCIAL DEVELOP,�ENT
CORPORATION
_ By
Presa@ent
Attest. .
Secre�ary
OSHKOSH ASSOCIATION OF .
MANUFACTURERS At�7D COMMERCE
By
Presi�enC
Attest
Secre�tary
CITY OF OSHIfOSH
gy "
City Man�ger.
Attest •
. ' C2ty Cl�sk _
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` uaren 1�, 1y80 - Plarch 15, 1981 Amendment to
Attaehment "A"
PROJECT BUDGET � �
STATE INCENTIVE DE?tOVSTRATI05 PROJECT
DEPARTMENT OF LpCAL AFFAIRS P`7D DEVELOPMEHT
Financial Contributions
Aeouat of Request
Municipal Community from Di.,4! -
CateQory Government Or�anization Other Munici. Coma. OrQartiz_ Total
Salaries by —
°osition OCDC OAPiC
Directo=-'(1}�� 17,000 -
j I7,000
Haintenance Worker (1) 2560* 2,560
Haintenance Helper (2) 4880�* ' 4,880
F-inRe (25%) 1860 4,250 '' 6.110
. __.�___. _.: .
Total PersonneZ 9306 21,250 � 30,550
Cost of Office 1,SOD 2.500
Cost of Supplies 2500 X 1,000 3,500
Cl.erical Services 2,000 - 2,000
TraveT 500
500
Rehabilitation Grants 45,000 .; 45,000
Total $ 9,300. $ 2,500 $ 5,000 $66.250� _ 83 O50
*CETA Personnel
�*Summer Youth Employment Corps Personnel '
In-Kind Support (Eor personnel shw X of tfine_
Other items shoc,. a Y under source.)
N.unic3pal Community . DLAD
Category Government Organization O[her Technical Assis[ance
?ersonneZ by OCDC OAMC
Position
P1aa�!=rg Technician 5%
Housing Coordinator 5% � I
Associate Planner (2) 5%
Director O.A.M.C. 5/ -
Herchants Association Z%
Plant materials, tools, i
planters g
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' March 15,, 1981 - March 15, 1.982
Amendment to-
PRO.IECT Bii➢GET Attachment "A"
STATE INCENTIVE DEh10NSTRATIO:i YROJECT �
DEPARTMENT OF LOCAL AFFAIRS AhD DEVELOPMENT � .
Financial Contributions
Amo�mt of Request
' Municipal Community Fram DLAD
Ca*_eQOrv Government OrKanization Other Mun3ci_ Comm. Or�aniz Total
Sa�aries by _
Position OAr.0
Director 7 000* 11.360 ` �
J.8,360 _
Maintenance Worker(1 276 **�
2_765
Maintenance Worker(2 5270 ' •
�.2Z.�..
Fringe (25%) 2009 4.590' _ � _ � G,_59.4
Yotal Personnel 17,044 15,950 32 994
.-z__.
Cost of Office 1,500
' 1,500
Cost of Supplies 1,000
Clerical Services 1t0_00
Travel z�500 . - ?,000
500
Rehabilitation Grants -
Total `$17,044' 20,950 37,994
* Community Development Block Grant Funds
*=CETA Personnel �
°**Summer Youth Employment Corps Per�on�ela
n- u SuPport (For p�rsonnel show % of time.
Other itees shaw an X under source.)
Municipal Community Dy�
C=_te�ory Government Organization Other Technical Assistanee
Y>_rsonnel.by .
?osition . .. . . � . � ' ' . .. . . .. . ..
PlanninQ Technician 5% � �.
Housin� Coordinator 5%
Associate Planner (2) 5% �
Director O.A.M.C.' g�
?ferchaxits Association 2� -
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