HomeMy WebLinkAbout29530 / 78-25June 1, 1978 #� 25 RESOLL�I'IUN
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IIQITIATr� BY: CIZ'Y AL�'ILNISTRATION
BE IT RESOLUE�J by the Gomnon Council of the City of d�hkosh that tne p�o�r
City officials are hereby authorized arbd d.irected to P..n�r into thz attached
Agre�.nt with �VOCAP for 1978 Housing �habilitation Services . I� nay for this
pur�se is hereby appropriated fram the 1978 C.cxm�unity I�velopm�.nt S.lack Grant
P�gresn.
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AGREE��lENT FOR RESIDENTIAL REiiABILITATTON SERVICES
BETWEEN THE
CITY_OF OSHK05H AND ADVOCAP, INC.
THIS AGREEMENT made and entered into this day of
, 1978, by and between the City of Oshkosh, Wisconsin,
a nunicipal corporati�n, hereinaf ter called "City" and ADVOCAP,
Inc ., a 4risconsin non-prof it , non-stock corporation , hereinafter
ca lled "ADVOCAP . "
�9ITNESSETH :
1. PURPOSE:
The purpose of this Agreement is to set forth the terms
under which the City will continue to engage ADVOCAP to provide
housing rehabilitation as further defined herein to residents of
the City of Osh}:osh and the payment for the same by the City to
ADVOCAP. It is understood by the parties that in addition to the
funds being paid by the City to ADVOCAP herein that ADVOCAP alsa
has other funding sources ta provide these services and that
ADVOCAP is fully able and capable of providing such services.
2. SERVICES TO BE PROVIDED:
The service to be provided by the ADVOCAP Housing Rehab -
ilitation Program is structural rehabilitation to the homes
of eligible City of Oshkosh residents, During the term of
this current agreement, ADVOCAP agrees to provide the complementary
property maintenance, home weatherization, and family budget
counseling services to residents within the City served
under contract. ADVOCAP shall further provide labor, super-
vision, and equipment necessary to implement their services
as outlined in this agreement, with production emphasis
during the period riay 1 through September 30 of the contract
year. At the request of the City, �1DVOCAP further agrees to
provide one (1� crew (supervisor and five laborers) which
wi�l be available for work on this can�ract throughout the
contract period.
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3. PAYMENT: �,
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For the above, the City agrees to pay ADVOCAP a maximum
amount of Twenty-Five Thousand Dollars ($25,000} from the 1978
Co�_munity BlocY. Grant program budget in reimbursement for the
materials and services purchased for Residential Rehabilitation
ilor^e Services and for the permits , labor and mater�als used by
private subcontractors who are competively secured by A.DVOCAP to
previde plumbing, heati�g, electrical, carpentry and masonry
rehabilitative services, ADVOCA.P shall submit monthly billings
for payment on an individual project invoice/voucher basis,
i.terlizing the nature and actual amount of materials and direct
labor supplied.
4. FI�vAL PAYb1ENT FpR COMPLETED PRO�ECTS AND ADVpCAp LABOR
The City further agrees to reimburse ADVOCAP froin the same
abovementioned account, an amoun-t toward the total operation cost
of Supported Work Program's Rehabilitation Project computed on
the basis o� 150 0� the total person hours at 9.33 per hour, not
to exceed $1,000.00 per project. Persor_ hours shall be defined
as the total number of hours logged by all Supported Work Program
Employees on any given praject. Supported Tn'ork Program �mployees
sha11 be defined as only those laborers actually working on
specific City of Oshkosh housing rehabilitation jobs. Upon
successful completion, ADVOCAP shall submit an hourly Itemized
Vouc�er to document the number of person hours.
Approval of final payment for vouchers submitted on completed
projects �vill be d�pendent on the following criteria: That ADVOCAP
has: 1) completed the project within 120 days from the Order to
Proceed ur.less an extension has been granted by the City; 2)
complied wi_th 24 CFR Fart 35 (lead-based paint verification); 3)
that ADVOCAP's contract procedure for all privateiy contracted
resicential rehabilitation services and material is in complete
compliance with the advertising requirements of �he Oshkosh
�lunicipal Code; 4) that the Procurement Standards of Community
Development Block Grant Regulations are complied with, 5} that
the projects in which materials and labor have been used, are
Physically finished in conformance with Article 5 of this agree-
meri�; b) that dacumentation for the labor expense is included;
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and 7) that those finished projects have been inspected and �
approved as to their completeness by -�he appropriate staff of the
Oshkosh Community Development Department. The City shall pay
��DVOCAP on such voucher basis, a suri not to exceed $5000 per
project which is the established maximum reimbursement limit of
this agreement. Ir_ addition, the City shall receive a quarterly
Cumulative Progress Report which will comprehensively describe
completed and current housing -related activities, as well as
indicating proposed projects, and the y�onthly Manpower Utilization
Report (HUD form) .
5. ELIGIBILITY:
The final eligibility for participation in this program by
residents of the City shall be determined by the City under the
current HUD Szction 8 guidelines for low income, elderly, and
handicapped. ADVOC�P shall retain the responsibility for initially
screei2ing each homeowner's personal elir,ibility, The City shall
retain the responsibility for verifying the financial eligibility
of the applicant and the housing unit's structural and economic
eligibility f or residential rehabilitation. Final site selections
and work order deter�ninations for residential housing rehabilitation
will be made jointly by the City and ADVOCAP after an environmental
rev�ew. All records and inFormation regarding such eligibility
and work �rder determinations shall be made available to the City
or %�DVOCAP upon request .
5. BUILDTNG CODES:
Al1 work performed by �DVOCAP under this aareement shall
comply with the Bui�ding Code of the City and the Property Rehab-
ilitation Standards of the City of Oshkosh. In addition, ADV4CAP
shali insure tha�t all necessary building permits are obtained for
the �aork which ADVOCAP or its contractor(sa shall perform under
this contract. Comp?etion of th.is work to be done will be
subject to verification by the Division of Code Enforcement by
tneir insp�ction process,
6. REHABILITATION AGREEMENT:
ADVOC�P snall enter into an a�reem�nt with each homeowner
where Housing Rehabilitation Home Services are being performed.
'I'ne City shall not be held contingently responsible for completion
costs (.i.e, additional material or labor) qr the fulfillment af
Page 4 of 5
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any guarantee p.rovisions outl_ined in the aforementioned a, ement;
nor shall the City be held contingently responsible for the
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execution of other, unwritten provisional items made between
�!�VOCAP and the homeowner, not expressly contained in the final
work order. Change orders will be approved in writing by the
appropriate staff of the City.
8. COORDINATIOi. OF Lti'ORK:
ADVOCAP will coordinate all work performed under this contract
with the City of Oshkosh. This coordination and cooperation
shall include but not be limited to the following areas:
a. Initiation of the work (Order to Proceed) will be given
by the City to ADVOCAP after the following documents
have been received: 1) the homeowner's eligibility; 2j
the �.�o_rk spec if ications ; 3) property inspect ions ; 4)
job orders for subject pxoperty; 5) lead-based paint
notifications; and 6) all appropriate permits.
b. The City shall apprise ADVOCAP of all past or current
building inspection reports which may exist on subject
properties t.o be served under this contract.
c. F'rior to the commencement of residential rehabilitation
services at any subject property served under this
cantract, the City shall make a determination regarding
the architectural/ilistaric preservation impact'of any
work to be perforrled and advise ADVOCAP of same .
d_ In the performance of services under this contract,
AD�70CAP agrees to cooperate fully with ar.y efforts
within sp��cific areas of the City designated by the
Oshkosh Community Dev��lopment Department.
9. ANTI-DISCRII�iINATION:
In per�orming the work herein, ADVOCA� agrees that it will
not discriminate against anyone on the basis of race, creed,
color, sev, marital. status or nation�l oric�in in its employment
practices and/or in providing the services agr�ed to herein.
10. TERM OF THE AGREEMENT
This agreement shall be in effect until June 15, 1979,
subject to the following conditions:
a. This agreement may be terminated by mutual consent by
either party upon 60 days written notification of one
to the other.
b. Upon termin�tion, ADVOCAP will. submit to the City, any
billings f_or rnaterials, contractor's cost and labor
that the City has agreed to pay under the terms of this
agreement, �nd after the principal parties have accounted
tc eac'�� other with respect to all fi.nancial matters
outstanding as of the termination date, the City �aill
furnish t'�DVOCA� security in form and principal amount
satisfa�tory to ADVOCAP against a.iy obligations or
liabi�iti�s which ADVOCAP may h�ve properly incurred
under the terms of this agreement.
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c. That all individual rehabilitation projects shall hav ,"�
been satisfactorily completed according to Section 4 of
this agreement prior to the termination date,
11. INTERPRETIVE PROVISIONS
At all times this agreement shall be subject and subordinate
to a11 rights c�:: the Department of Housing and LTrban Develo�ment
ar_d the Cor:.�-:;unity Development Block Grant regulations that may
r_c:,� or in the �uture a.ffect the ability of the City to provide
f�nds fcr the purposes of this program.
This agreement constitutes the entire agreement between tr.e
C�ty and l�DV�C�P and no change shall be valid unless made in
writing and e�ecuted by both principal parties.
IN WITNESS WHEREOr the parties have hereunto set their hands
and seals the day and year f irst above written.
ADVOCAP CITY OF OSHKOSH
Executive Director City Manager
Corporation Counsel
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City Attorney -
C�.ty Clerk
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