Loading...
HomeMy WebLinkAbout09. 15-411SEPTEMBER 8, 2015 15-411 RESOLUTION (CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ACCEPTING COMMUNITY DEVELOPMENT INVESTMENT GRANT FUNDS FROM WISCONSIN ECONOMIC DEVELOPMENT CORPORATION TO UNDERTAKE CENTRAL CITY INVESTMENT STRATEGY STUDY ($50,000.00) INITIATED BY: COMMUNITY DEVELOPMENT WHEREAS, the City of Oshkosh applied for funds from the Wisconsin Economic Development Corporation for a Central City Investment Strategy Study and Downtown Parking Study; and WHEREAS, the Wisconsin Economic Development Corporation has awarded said grant funds in the amount of $50,000.00. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh, that the City hereby accepts said funds from the Wisconsin Economic Development Corporation and the proper officials are hereby authorized and directed to execute any and all documents necessary for purposes of same, and to carry out all actions necessary to implement the City’s obligations under the terms of the grant agreement. OIHKOJH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Kelly Nieforth, Economic Development Specialist DATE: September 8th, 2015 RE: Approve Accepting Community Development Investment Grant Funds from Wisconsin Economic Development Corporation to Undertake Central City Investment Strategy Study and Parking Study ($50,000) BACKGROUND The City was awarded a $50,000 Community Development Investment Program (CDI) grant through the Wisconsin Economic Development Corporation (WEDC). The grant will be used for the city's Central City Investment Strategy which will be completed by Houseal Lavigne Associates and the downtown parking study which will be completed by Walker Parking Consultants. The Central City Investment Strategy is an update to the city's 2000 Downtown Action Plan. ANALYSIS The Central City Investment Strategy will encompass a larger area than the previous Downtown Action Plan to include the current opportunities on the city's south shore of the river. The City intends to use The Central City Investment Strategy as a guide in the next 15- 20 years to determine where private and public investment should take place in the central city district. The parking study's recommendations will be incorporated in The Central City Investment Strategy and which will address the parking issues the City is currently having and planning for any future development that may require parking. FISCAL IMPACT The proposed Central City Investment Strategy contract for Houseal Lavigne Associates is for $149,250 and the parking study contract for Walker Parking Consultants is $49,877. Central City Investment Strategy will be funded by: -$50,000 WEDC grant -$25,000 Oshkosh Area Community Foundation -$10,000 Oshkosh Chamber of Commerce -$65,000 City of Oshkosh downtown TIDs (12, 16, 20, 21, and 25). Downtown Parking Plan will be funded by: -$5,000 BID -$45,000 City of Oshkosh downtown TIDs (12, 16, 20, 21, and 25). RECOMMENDATION The City Council approves the acceptance of the CDI grant funds to help offset costs for The Central City Investment Strategy and the parking study. Approved, /e(;---,-//i, __---- City Manager CONTRACT#CDI FY15-22849 COMMUNITY DEVELOPMENT INVESTMENT GRANT AGREEMENT BETWEEN THE WISCONSIN ECONOMIC DEVELOPMENT CORPORATION AND CITY OF OSHKOSH This Agreement is entered into pursuant to Chapter 238 of the Wisconsin Statutes between the Wisconsin Economic Development Corporation ("WEDC") and City of Oshkosh (the "Recipient"). WITNESSETH WHEREAS,the Recipient has submitted an Application to WEDC,requesting funds from WEDC's Community Development Investment grant program("CDI Funds"); WHEREAS,the Recipient is a City located in Wisconsin. WHEREAS, WEDC has determined that the Recipient is an eligible recipient of CDI Funds; and WHEREAS, in reliance upon the Recipient's Application, WEDC has approved the Recipient for up to Fifty Thousand dollars ($50,000) in CDI Funds. NOW, THEREFORE, for valid consideration, the receipt of which is hereby acknowledged, and in consideration for the promises and covenants in this Agreement, WEDC and the Recipient agree as follows: 1. Definitions. For purposes of this Agreement, the following terms shall have the following meanings: (a) "Agreement"means this agreement, to include all documents required to be delivered contemporaneously with the execution and delivery of this Agreement, and the attached Exhibits, together with any future amendments executed in compliance with Paragraph 20 of this Agreement. (b) "Application"means the materials submitted by the Recipient to WEDC relating to this allocation of CDI Funds. (c) "Approval Date"means the date on which the Recipient may start attributing Eligible Project Costs to the CDI Funds and Matching Funds; specifically, June 30,2015. (d) "CDI Funds"means the grant monies the Recipient is eligible to receive from WEDC's Community Development Investment grant program in accordance with this Agreement. Page 1 of 11 (e) "Effective Date" means the date on which this Agreement is fully executed by both parties. (f) "Eligible Project Costs" means costs for which CDI Funds and Matching Funds may be used, as outlined in Paragraph 3(b) of this Agreement,which the Recipient incurs between the Approval Date and June 30, 2016. (g) "Ineligible Costs"means costs for which CDI Funds and Matching Funds may not be used, including costs incurred prior to the Approval Date; in-kind contributions; grant application preparation; professional fees, such as architecture, accounting, or legal fees; financing fees; or debt. (h) "Matching Funds" means non-WEDC funds secured by the Recipient to meet the required 3:1 funding requirement of the CDI Funds under this Agreement. No more than thirty percent(30%) of the Matching Funds may consist of other state and/or federal grants. (i) "Project" means the Recipient's creation of a long term investment strategy (City of Oshkosh Central City Investment Strategy), in accordance with the Recipient's Application and the terms of this Agreement. (j) "Project Location" means the site or sites at which the Project will take place, specifically Oshkosh,Wisconsin. 2. CDI Funds. Subject to the terms and conditions set forth in this Agreement,and in Wisconsin law, WEDC shall provide to the Recipient a grant of up to Fifty Thousand dollars ($50,000), in CDI Funds. 3. Recipient's Obligations. The Recipient will: (a) Complete the Project as contemplated by the Application and in accordance with the terms of this Agreement. (b) Use the CDI Funds and Matching Funds for Eligible Project Costs as outlined in the following budget: WEDC/ CDI City of Acct Project Activities Grant Oshkosh TOTAL 0360 Long term Investment Plan $50,000 $150,000 $200,000 Total $50,000 $150,000 $200,000 Percent of Project 25% 75% The amount incurred by the Recipient on each Eligible Project Cost may vary by up to ten percent (10%) of the amount delineated in the table above,provided that the total amount of WEDC CDI Funds will not exceed the amount awarded under this Agreement. (c) Secure Matching Funds from non-WEDC sources equal to at least$150,000 to achieve the 3:1 funding requirement of the CDI Funds under this Agreement. Page 2 of 11 (d) Provide acknowledgement, according to WEDC's specifications, of WEDC's participation in the Project in any and all planning and feasibility documents related to the Project. (e) Provide reports to WEDC as further described in Paragraph 5 of this Agreement, in such form as required by WEDC, a sample of which is attached to this Agreement as Exhibit B. 4. Release of Funds. WEDC will release the CDI Funds contemplated by this Agreement to the Recipient on a reimbursement basis. Payment of the CDI Funds can be made in one or more reimbursements and will be contingent on the following: (a) The Recipient submitting to WEDC a request for payment of funds in such form as required by WEDC, a sample of which is attached to this Agreement as Exhibit A. (b) The Recipient submitting to WEDC a report detailing the dollar amount and purpose of the Eligible Project Costs included in the request for payment as well as the dollar amount and purpose of each expenditure that the Recipient has contributed to the Project since the date of the previous payment of CDI Funds. (c) The Recipient submitting to WEDC paid itemized invoices from vendors, suppliers, and contractors for the CDI Funds being requested by the Recipient, and the Recipient submitting to WEDC paid itemized invoices from vendors, suppliers,and contractors for the Matching Funds being contributed by the Recipient, in an amount that is 3:1 of the CDI Funds being requested. (d) The Recipient submitting to WEDC documentation demonstrating that the amount requested can be substantiated by proof of payment acceptable to WEDC. Proof of payment may consist of but not be limited to cancelled checks and paid invoices, construction contractor's invoices, or receipts indicating that they have been paid in full. (e) The Recipient must request all CDI Funds no later than September 30, 2016. 5. Reporting. The Recipient shall provide reports to WEDC subject to the following requirements: (a) Provide to WEDC a copy of Economic Development Market Analysis including identifying economic gaps for employment,residents and tourists. (b) Provide to WEDC a copy of the parking study to analyze the city's parking facilities and opportunities. (c) Semi-Annual performance reports in such form as required by WEDC, a sample of which is attached to this Agreement as Exhibit B, which shall include a financial overview and narrative summary on the progress of the Project to date, as well as the following metrics,specific to the Project: (i) Leveraged investment; (ii)Number of studies,market analyst reports, etc. Page 3 of 11 (d) Schedule of Reporting: PERIOD COVERED DOCUMENTATION DUE DATE 6/30/2015—12/31/2015 Semi-Annual Performance Report 3/1/2016 1/1/2016—6/30/2016 Semi-Annual Performance Report 9/1/2016 6. Event of Default. The occurrence of any one or more of the following events shall constitute an Event of Default for the purposes of this Agreement: (a) The Recipient ceases operation or relocates operations outside of Wisconsin within five (5)years of the Effective Date of this Agreement. (b) The Recipient supplies false or misleading information to WEDC in connection with this Agreement. (c) The Recipient fails to comply with or perform, in any material respect, any of its obligations under this Agreement. 7. Remedies in Event of Default. (a) Upon the occurrence of an Event of Default, WEDC shall send a written notice of default to the Recipient, setting forth with reasonable specificity the nature of the default. If the Recipient fails to cure any such Event of Default to the reasonable satisfaction of WEDC within thirty(30)calendar days, WEDC may, without further written notice to the Recipient, declare the Recipient in default. In the Event of Default, WEDC may terminate the Agreement and recover from the Recipient: (i) One hundred percent(100%)of the total amount of CDI Funds disbursed under this Agreement; (ii)A financial penalty of up to one percent(1%)of the CDI Funds; and (iii)All court costs and reasonable attorney's fees incurred by WEDC in terminating the Agreement and recovering the amounts owed by the Recipient under this provision. (b) These amounts shall be paid to WEDC within thirty(30) calendar days of demand by WEDC hereunder. If the Recipient fails to pay these amounts to WEDC, the Recipient will be liable for the full unpaid balance plus interest at the annual rate of twelve percent(12%) from the date of the notice of Event of Default. (c) The thirty (30) day cure period set forth in (a) above may be extended by WEDC, provided that the Recipient begins to cure such matter and thereafter diligently pursues a cure. 8. Recipient's Warranties and Representations. In addition to the other provisions of this Agreement, the Recipient hereby warrants and represents to the best of its knowledge that as of the date of this Agreement: Page 4 of 11 (a) The Recipient is in compliance with all laws, regulations, ordinances and orders of public authorities applicable to it, the violation of which would have a material, adverse effect on the Recipient's ability to perform its obligations under this Agreement. (b) The undersigned officer of the Recipient is fully authorized to execute and deliver this Agreement on behalf of the Recipient. (c) In making these warranties and representations, the Recipient has not relied on any information furnished by WEDC. (d) The Recipient's warranties and representations herein are true and accurate as of the Effective Date of this Agreement, and shall survive the execution thereof. 9. Wisconsin Public Records Law and Confidential Documents. (a) The Recipient understands that this Agreement and other materials submitted to WEDC may constitute public records subject to disclosure under Wisconsin's Public Records Law, §§ 19.31-.39. (b) Except as otherwise required or provided by court order, legal process or applicable law including §§ 19.31-.39, WEDC shall not, without the Recipient's consent, reveal or disclose to any non-government person or entity financial or other information or materials provided by the Recipient if the Recipient has indicated that such information or materials are sensitive and should be kept confidential. The Recipient must indicate that such materials are to be protected under this paragraph by marking the documents"confidential." (c) If the Recipient contends that any document provided to WEDC is exempt from disclosure under Wisconsin's Public Records Law, for reasons including that the document qualifies as a trade secret under § 134.90,the Recipient shall: (i) Clearly mark the document as not subject to disclosure under the Public Records Law. If the Recipient contends the document is a trade secret under § 134.90, the Recipient shall specifically mark the documents as "Confidential Trade Secrets." (ii) Provide WEDC with a concise, written explanation describing the basis for contending the document is not subject to the Public Records Law. (iii)If applicable, provide WEDC with two copies of the document the Recipient contends is exempt— a clean copy and a copy with the exempted information redacted. (d) WEDC agrees to notify the Recipient if it receives a public records request for documents marked under Paragraph (c). 10.Additional Requirements. (a) Project Records. The Recipient shall prepare, keep and maintain such records as may be reasonably required by WEDC to validate the Recipient's performance under this Agreement and the performance reports provided to WEDC. Page 5of11 (b) Inspection. (i) WEDC and its respective agents, shall, upon 48 hours advance written notice to the Recipient,have the right to enter the Recipient's premises,during normal business hours, to inspect the Recipient's operations documentation relating to this Agreement, provided, however, that such access does not unreasonably disrupt the normal operations of the Recipient. (ii) The Recipient shall produce for WEDC's inspection,examination,auditing and copying, upon reasonable advance notice, any and all records which relate to this Agreement. (iii)WEDC reserves the right to conduct a physical site visit of the Project while the Project is ongoing and after Project completion. (c) Nondiscrimination in Employment. Consistent with Wis. Stat. § 16.765: In connection with the performance of work under this contract,Recipient agrees not to discriminate against any employee or applicant for employment because of age,race,religion, color,handicap, sex, physical condition, developmental disability as defined in § 51.01(5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, Recipient further agrees to take affirmative action to ensure equal employment opportunities. Recipient agrees to post in conspicuous places,available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. (d) Consolidation or Merger. During the term of this Agreement, the Recipient shall provide written notice to WEDC of any consolidation or merger with or into any other unrelated corporation or business entity. (e) Public Announcement. The Recipient agrees to work with WEDC in making a public announcement of this Agreement. 11. Conflicts. In the event of any conflict between the provisions of this Agreement and any accompanying documents,the terms of this Agreement control. 12. Choice of Law. THIS AGREEMENT AND ALL MATTERS RELATING TO IT OR ARISING FROM IT — WHETHER SOUNDING IN CONTRACT LAW OR OTHERWISE — SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED PURSUANT TO,THE LAWS OF THE STATE OF WISCONSIN. 13.Venue, Jurisdiction. Any judicial action relating to the construction, interpretation, or enforcement of this Agreement, or the recovery of any principal, accrued interest, court costs, attorney's fees and other amounts owed hereunder, shall be brought and venued in the U.S. District Court for the Western District of Wisconsin or the Dane County Circuit Court in Madison, Wisconsin. EACH PARTY HEREBY CONSENTS AND AGREES TO JURISDICTION IN THOSE WISCONSIN COURTS,AND WAIVES ANY DEFENSES OR OBJECTIONS THAT IT MAY HAVE ON PERSONAL JURISDICTION, IMPROPER VENUE OR FORUM NON CONVENIENS. Page 6of11 14.Waiver of Right to Jury Trial. EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY JUDICIAL ACTION OR PROCEEDING THAT MAY ARISE BY AND BETWEEN WEDC AND THE RECIPIENT CONCERNING OR RELATING TO THE CONSTRUCTION, INTERPRETATION OR ENFORCEMENT OF THIS AGREEMENT, OR THE RECOVERY OF ANY PRINCIPAL, ACCRUED INTEREST, COURT COSTS, ATTORNEY'S FEES AND OTHER AMOUNTS THAT MAY BE OWED BY THE RECIPIENT HEREUNDER. 15.LIMITATION OF LIABILITY. RECIPIENT HEREBY WAIVES ANY RIGHT IT MAY HAVE TO CLAIM OR RECOVER FROM WEDC ANY SPECIAL, EXEMPLARY,PUNITIVE,CONSEQUENTIAL,OR DAMAGES OF ANY OTHER NATURE OTHER THAN ACTUAL DAMAGES INCURRED OR SUFFERED BY RECIPIENT. 16. Severability. The invalidity of any provision of this Agreement shall not affect the validity of the remaining provisions, which shall remain in full force and effect to govern the parties' relationship. 17.WEDC Not a Joint Venturer or Partner. WEDC shall not, under any circumstances, be considered or represented to be a partner or joint venturer of the Recipient or any beneficiary thereof. 18. Captions. The captions in this Agreement are for convenience of reference only and shall not define or limit any of the terms and conditions set forth herein. 19.No Waiver.No failure or delay on the part of WEDC in exercising any power or right under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any such power or right preclude any other exercise of any other power or right. 20.Entire Agreement. This Agreement embodies the entire agreement of the parties concerning WEDC's and the Recipient's obligations related to the subject of this Agreement. This Agreement may not be amended,modified or altered except in writing signed by the Recipient and WEDC. This Agreement supersedes all prior agreements and understandings between the parties related to the subject matter of this agreement. Page 7of11 IN WITNESS WHEREOF, WEDC and the Recipient have executed and delivered this Agreement effective the date set forth next to WEDC's signature below. WISCONSIN ECONOMIC DEVELOPMENT CORPORATION By: Jake Kuester Date Vice President, Credit&Risk CITY OF OSHKOSH By: Mark Rohloff, Date City Manager Notices to the Recipient hereunder shall be Notices to WEDC hereunder shall be effective effective upon mailing by first class mail,postage upon mailing by first class mail,postage prepaid, prepaid, and addressed to the following person and addressed as follows: and address or such other person and address as the Recipient may designate in writing: Wisconsin Economic Development Corporation City of Oshkosh Division of Credit&Risk 215 Church Ave. P.O. Box 1687 Oshkosh,WI 54903 Madison,WI 53701 Attn: Allen Davis Attn: Community Development Investment Contract#CDI FY15-22849 Page 8 of 11 EXHIBIT A REQUEST FOR WEDC PAYMENT Award Number:CDI FY 15-22849 Rep: P.Holden Recipient: City of Oshkosh FEIN#39-6005563 Request Number: Program: Community Development Investment Award Type:Grant Funding Period Covered by this Request From: To PROJECT EXPENSES INCURRED/PAID DURING THIS PERIOD Budget Description WEDC Funding Match Funding Total This Code This Period This Period Period 0360 Long term Investment Plan TOTAL: PAYMENT/PROJECT EXPENSE/MATCH DESCRIPTION—Reimbursement Prior to the release of funds,the following requirements must be met(to be initialed by WEDC staff): • The Recipient submitting to WEDC a report detailing the dollar amount and purpose of the Eligible Project Costs included in the request for payment as well as the dollar amount and purpose of each expenditure that the Recipient has contributed to the Project since the date of the previous payment of CDI Funds. • The Recipient submitting to WEDC paid itemized invoices from vendors,suppliers,and contractors for the CDI Funds being requested by the Recipient,and the Recipient submitting to WEDC paid itemized invoices from vendors,suppliers,and contractors for the Matching Funds being contributed by the Recipient,in an amount that is 3:1 of the CDI Funds being requested. • The Recipient submitting to WEDC documentation demonstrating that the amount requested can be substantiated by proof of payment acceptable to WEDC. Proof of payment may consist of but not be limited to cancelled checks and paid invoices,construction contractor's invoices,or receipts indicating that they have been paid in full. • The Recipient must request all CDI Funds no later than September 30,2016. I hereby certify that the expenses reported on this form are in accordance with the terms of the agreement and that complete and accurate records are being kept to substantiate such expenses. Authorized Recipient Signature Date WEDC Underwriter Date WEDC Controller or Finance Department Date Retain a copy of the completed form for your records and mail the original and documentation to: Wisconsin Economic Development Corporation,P.O.Box 1687,Madison,Wisconsin 53701 Page 9 of 11 EXHIBIT B ECONOMIC DEVELOPMENT PROJECT PERFORMANCE REPORT tit (SAMPLE ONLY) z PLEASE RETURN YOUR COMPLETED REPORT AND REQUIRED SUPPORTING DOCUMENTATION TO: L° reporting @wedc.org a _ c °fhr, Oe>a c4 PROJECT INFORMATION CONTRACT#:CDI FY15-22849 AWARDEE: City of Oshkosh REPORTING DESIGNEE: REPORTING PERIOD: PROJECT SITE: City of Oshkosh Email: PROJECT FUNDING Planned Actual f EEC rte"' TOTAL PROJECT BUDGET Awardee Direct Expenditures $ Other Privately Funded Expenditures(investors,financial institutions) please enter $ amounts Other Publicly Funded Expenditures(state,federal,other public aid) $ TOTAL PROJECT EXPENDITURES $ WEDC Funds Utilized SUMMARY OF PROGRESS Provide a comprehensive summary of project activities that have been accomplished as of the end of the reporting period. Please describe any progress towards project deliverables,as well as any factors that may have had an adverse effect on the project or slowed progress on expected performance. Briefly address project plans for the coming year including what steps will be taken to ensure performance within agreed-upon timelines. Attach additional pages if needed. Percentage Completion of Project: What project activities have been completed as of the end of the reporting period,and which would not have occurred if not for WEDC assistance? What contract deliverables were completed during the reporting period? (Please provide an explanation for any deliverables that were not met) What actions are being taken within the next year to ensure contractual performance? GENERAL CERTIFICATIONS No WEDC funds were utilized to outsource jobs from the state of Wisconsin. ❑Agree ❑Disagree(attach an explanation) PRINCIPAL/PROJECT DIRECTOR AFFIDAVIT As the authorized representative for this project,I hereby attest and certify that the information provided in this report is true and correct to the best of my knowledge. (SIGNATURE) (PRINT NAME) (EMAIL ADDRESS) WEDC Review Page 10 of 11 PROGRESS ON ACTIVITIES AND DELIVERABLES Summarize you organization's progress towards completion of planned metrics outlined in the award agreement by providing quantitative responses,such as the number/unit attained or the percentage toward completion. Include all items in the agreement's scope of work,affirmative covenants,and performance deliverables sections. Attach additional pages if necessary,or provide additional details in the"Summary of Progress"section on page 1 Scope of Work Item/Affirmative Covenant/Deliverable Progress on Metric EMPLOYMENT IMPACT Number of Non-Vacant,Permanent,Full-Time(2,080 hrs/yr) Positions(no construction or independent contractor Before Project Jobs Maintained Jobs Created Jobs Eliminated Net Total Number of Jobs positions) At the Project Site At All Other Wisconsin Operations NET TOTALS SUPPORTING DOCUMENTATION Please attach your organization's most recent UCT-101e report filed with the Wisconsin Department of Workforce Development. CAPITAL INVESTMENT Planned Actual Total expenditures related to the purchase,acquisition,construction,replacement,rehabilitation or Enter Totals Below modernization of non-current,tangible,permanent fixed or capital assets. Investment Breakdown Land,Buildings&Real Estate $ Fixtures,Vehicles&Permanent Equipment $ Other Capital Assets $ SERVICES/TECHNICAL ASSISTANCE Actual Number of Organizations and/or Businesses Served(entities) Number of Service Beneficiaries(people) Please summarize any measurable impacts resulting from assistance: Business or Marketing Plan(s)Completed: Businesses Established/Startups: Entities gaining access to new Public or Private Financing: Total new Financing Secured: Percentage of participants fully completing intended service objectives: ❑(if applicable)Measured satisfaction through a survey. Response Rate: % COMMUNITY DEVELOPMENT PLAN/FEASIBILITY STUDY ❑ Preliminary Plan development completed or currently in process ❑ Plan Completed/Produced ❑Plan used in private industry financing application Page 11 of 11