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Home My WebLink About28462 / 76-21I. - -L - . „ *� - October 7, 1976 � 21 P.ESOLUTI4N _ _. . _ _.__� .._ __._. _ . _ _ �,. BE s�=i' RESOLVED by the Com��nan Council of thc City of Oshk�sh that the proper City officials are hereby authorized and directed to enter into the attached agzeement with ADVOCAP, Inc. The terzr. of this agYeement is to May 17, 1977. - 35 - � aiT7'i'ij 1TF:.:i 1''_,`.r ...._.v._._.,_... ,.._._...---°---� � � { � � i_.....____.._ _.._. ..__. ..._.�._......_.__.._.._. .�. ^ 1:U::��,r�. �,�� ,_,;.�� e % • A G R E E M E N T da of , 1976, by and • AGREEMENT made in duplicate this Y between the City of Oshkosh, Wisconsin, a municipal corporation, hereinafter called "City" and ADVOCAP, Inc., a Wisconsin non-profit, non-stock corporation, �� x� hereinafter called ".ADVOCAP.'� The term of this agreement is 4 �� ¢� d��i��. to Ma� 17, 1977. 1. PURPOSE: The purpose of this Agreement is to set forth the terms under which the ��ty �i�� will continue to engage� ADVOCAP to provide housing rehabilitation as further defined herein to residents of the City of Oshkosh and the payment for � the same by the City to ADVOCAP. It is understood bX the parties thaL in addition. to the funds being paid by the City to ADVOCAP herein that ADVOCAP also has other funding sources to provide these services and that ADVOCAP is fully able and capable of providing such services. 2. SERVICES TO BE PROVIDED: The services to be provided by the ADVOCAP Housing Rehabilitation Prog,ram are_�5��__�� ¢�� residential rehabilitation �.o the homes of eligible City of Oshkosh xesidents. The particular services to be provided are generally described in Exhibit "A" attached hereto and made part hereof whi�h d°tails the projeCt funCtions for this program. During the term of this current agreement, ADVOCAP agrees to provide ��`�7��`�X� �� t�e additional rehabilitative and maintenance-services that will include but.not be limited to the following number� of residences within said City: �� ifi� v��7�1�L�� a��i��¢�� f �� %��'�� t��7�� [�� z`�'�� f �� Residential Rehabilitation Home Services - 24 ��t �`��X � �� ADVOCAP shall furtl�er provide all labor, supervision, and equipment necessary to implement the services outlined in this agreement. a 3. PAY�`E2tiT: :or the above, the City agrees to pay ADVOCAP a naximum amount of �z�,��1�Q�Q1 *rz u::e-�cL--:bered balance of the 1975 program budget in reimbursement for Lhe -aterials purchased for Residential Rehabilitation Home Services �y�¢1 �� :'-�f�=t��Z�` ��1 ��? z`��X ��`M��Xa��t��i �6� and to private contractors who are coupetively secured by ADVOCAP to provide �fi¢�� `¢��i�i�� umbin , heatingz, electrical and masonry rehabilitative services. .ADVOCAP shall bill the City on a,�:��i�;�X� voucher basis, itemizing the nature and actual amount af materials su��lied and used in completed projects. Approval of payment of the submirted vouchers will be dependent upon the following criteria: that ADVOCAP's purchasing arccedure for material is in complete compliance with the Oshkosh Municipal Coee, and that for all private subcontracted residential rehabilitation services, the �rocurer�ent Standards of Community Development Block Grant Regulations are co�plied with, described in Exhibit "B" attached hereto and made part hereof; that the projects in which materials have been used, have been physically finished �n con`or�.ance with Article 5 of this agreement; and that those finished projects �:a��e been znspected and approved as to their completeness by the appropriate stz`f o` tne Oshkosh Community Development Department. The City shall pay :��'OC �� on suc� ��;z'�X� voucher basis, not to exceed the established maxim� re��bLrse=ent limit of this agreement. In addition, the City shall receive a �ontalp Cu�ulative Progress Report which will catalogue completed and current ;�ousino services, as well as proposed projects. x{�� ¢¢��i �� `¢��¢� p��6��(�� s;'�zX �;'�Xy�� K� f�XZ��g� ��, ��, #'�`��`��1�]'��, 7�'�� =�`;�tc�fi t� �� i��, ��X�� , #��`�� X�i6��, �k�� i-� i�3�i��t� ��Z�', as well as monthly Manpower Utilization Reports. 4. �LIGIBILIi'Y: Tr.e eligi�ility for participation in this program by residents of the City s;ail b� deten.ined under the tables provided in Exhibit "C" attached hereto and ti :::ade part hereof. ADVOCAP shall retain the responsibility for determining each ho::ewoner�s personal/financial eligibility. The City shall retain the resportsibi- ,_ lity for determining the housing unit's structural ��{��i��zeconomic eligibility _`or ��6 ��`�� 4�/��' residential rehabilitation. Final site selections and work order detriminations for �y��`g� ��i��b�ik��i ��/�� residential i�ousing r�habilitation will be made jointly after a review. A7_I records and information regarding such eligibility and work order determinations shall be made availabls to the City or ADVOCAP upon request. 5. BUILDING CODES: All work performed by ADVOCAP under this agreement sha11 comply with the ordinances Building Code of the City and the minimum property standards for one and two living units of the United States Department of Housing and Urban Development. In addition, ADVOCAP shall insure that all-necessary building permits_are obtained for the work which ADVOCAP shall perform under this contract. This work to be done is subject to verification by the Division of Code Enforcement by an inspection process. Furthermore, ADVOCAP shall institute a mutually agreed upon Graduated Coae Co;�pliance System of a minimum-housing ��[�/��i��r�i�pi�` standard-of .those :,ubj ect properties served by -ADVOCAP'-s °��i��i _ ��i�76�¢��Yi �yiq1/�� -ffesidential_z �_ ` �::�abilitation Home Services under this agreement. �r�i��`� #��,i16X�. c, . ��EHABILITATION AGREEMErIT: ...t,:.c'tied hereto and_made part hereo� is._a copy of the type of agreement tnat AD��OCAP sha1l enter into with each homeowner where housing rehabilitation �:,�.;�,� r��i��y4"��i¢� �� g�b �¢yi��`��t¢yi ��i��X��`��45�. services are being performed. Tne City shall not be held contingently responsible for compliance costs (example: additional material) for the fulfillment of the guarantee provisions outlined in �he aforenentioned agreement; nor shall the City be held contingently responsible for tne execution of other, unwritten provisianal items made between ADVOCAP and _t�e horaeowner, not expressly contained in the final work order. ,� 7. COORDINATION OF WORK: ADVOCAP will coordinate all work performed under this contract with the work program of the Oshkosh Community Development Department and its staff. This coordination and cooperation shall include but not be li.mited to the following areas: a. Prior to the commencement of ��i��`g� ��i��i�¢��yi �y�g1/��` residential rehabilitation services at any subject property served under his contract, the appropriate staff of ADVOCAP will review and determine with the staff of the Oshkosh Community Development Department, the homeowner's eligi.bility, the work specifications, property inspections, and job orders for subject property. b. The Oshkosh Community Development Department shall apprise .ADVOCAP of all past or current building inspection reports which may exist on subject properties to be served under this contract. c. Prior to the commencement of ��i��`g� ��6��5�¢��yi �y�g1J�� residential rehabilitation services at any subject property served under this contract, the Oshkosh Community Development Department shall make a determination regarding the historic preservation impact of any work to be performed and advise ADVOCAP of same. d. In the performance of services under this contract, ADVOCAP agrees to cooperate fully with any efforts within specific areas of the City of Oshkosh designated by the Oshkosh Community Development Department. 8. ANTI-DISCRIMINATION: In performing the work herein, ADVOCAP agrees that it will not discriminate against anyone on the basis of race, creed, color, sex, or narional_origin in its employment practices and/or in providing the services agreed to herein. IN WITI�ESS WHEREOF the parties have hereunto set their hands and seals the day and year first above wr3.tten. � • _. _� Executive Director CITY OF OSHKOSH City Manager Corporation Counsel City Attorney City Clerk �.�...... _ _ . , � . A G R E E P1 E N T AGR�EMENT made i n dupl i ca te th i s 2G t� day of ��.-{-,.�.�-� �, 1976, by and oet��een the City of Oshkosh, Wisconsin, a mun�cipal carporation, hereinafter called "City" and ADVOCAF, Inc., a�Jisconsir� non-profit, non-stock corporation, nereinafter cailed "ADVOCAP." The term of this agreement is a period to May 1J, �977• C �'� t;,, �yy��, 1. PURPOSE: The purpose af this Agreement is ta set forth the terms under which the City wili continue to engage ADVOCAP to provide housing rehabilitation as further d�fined herein to residents of the City of Oshkosh and the paymES�t for the same hy the City to ADUOCAP. It is understaod by the parties tf�at in addition to the funds being paid by the City to ADUQCAP herein that H[3VOCAP also !-�as other fiunding sources ta provide these services and that ADVOCAP is fully able and capabie of providing such services. 2. SERVICES TO BE PROViDED: The services to be provided by the ADVOCAP Housing Rehabilitation Program are residential rehabilitation to the homes of etigible City of Oshkosh residents. During the term of this current agreement, ADVOCAP agrees to provid.e the additional rehabilitative and maintenance services to residents within the City that will absorb the balance of funds. ADVOCAP shall further provide all labor, super- vision, and equipment necessary to implement the services outlined in this a�re�nent. 3. PAYMENT: For the above, the City agrees to pay ADUOCAP a maximum amount of the un�Tcumbered balance of the �975 program budget in reimbursement for the materials �urcnased for Residential Rehabilitation Home Services and for the labor and -��e-:als used by private contractors v� o are competively secured by ADVOCAP to :r�vic� ��u'.bing, heating, electrical and masonry rehabilitative services. The Ci�y alsa agrees to reimburse ADVOCAP up to 300, nat to exceed $500 of the �Erz�� "/OC�P labor costs per project site. ADVOCAP shall biil the City on a •r��c=er �asis, itenizing the nature and actuaT an� unt af materials and direct la �c� su��lied and used in completed projects. Approval of payment of the sP»itie� vouch�rs �aill be dependent upon the following criteria: That ADVOCAP �as co��i?� with 24 CFR Part 35 ilead-based pa�nt); that ADVOCAP's purchasing �-�c��re �or ra teriaT is in complete compliance with the Oshkosh Municipal C��_, th=� `or all private subcontracted residential rehabilitation services, t=� �-�c�re^ent Standards of Community Development Block Grant Regulations are ��lied ��rith, that the projects in which materials and labor have been used, a:=_ ��ysically finished in conformance with Article 5 of this agreement; a�d t:��t �nos� tinished projects have been inspected and approved as to their cc�-��1_�e�ess 5y the appropriate staff of the Oshkosh Community Development C��ar��=_�t. The City shall pay ADVOCAP on such voucher basis, not to exceed the e�=a�iis�ed �,axi^um reimbursement limit of this agreement. In addition, the Ci`y s�ali receive a nonthly Cumuiative Progress Report which wilt catalogue ��:a'=_�� and current housing services, as well as preposed projects and monthly N.�-s�arr=r ;3til ization Peports. '�. =L1G(31L17Y: T�e �ligibility for participation in this program by residents of the City s-�ali �e ce��r�!ined by ADUOCAP under the current NUD guidelines for low income, :��?r?y, an� handicapped. ADVOCAP shall retain the responsibility for deter- -�-? ; G�.� �o-��s�:n�r's personal/financial eligibiiity. The City shall retain _-. -�s�o�-si�i?ity for determining the housing unit's structural and eeonomic �_'�il;�y =cr residential rehabilitation. Final site selections and work ___ _�_r'-i�.a=ior,s for residentia} housing rehabilitation �•�ill be made jointly � a`ter a review. All records and information regarding such eligibility and work order determinations shall be made availabte to the City or ADVOCAP upon request. 5. BUILDING CODES: All work performed by ADVOCAP under this agreement shall comply with the Suilding Code of the City and the Minimum Property Standards for one and two living units af the United States Department of Housing and Urban Development. In addition, ADVOCAP shall insure that all necessary building permits are obtained for the work which ADVOCAP shail perform under this contract. This ti�;ork to be done is subject to verification by the Division of Code Enforcementi by an inspection process. Furthermore, if the need arises, ADVOCAP shall institute a mutually agreed upon Graduated Code Compliance System of a minimum housing standard of those subject properties served by ADVOCAP's Residential Rehabilitation Home Services under this agreement. 6. REHABILITATION AGREEMENT: Attached hereto and made part hereof is a copy of the type of agreement that ADVOCAP shall enter into with each homeowner where.housing rehabilitation services are being performed. The City shall not be held contingently responsibie �or compliance costs (example: additional material} for the fulfiilment of the cuarantee provisions outlined in the aforementioned agreement; nor shall the � City be held contingently responsible for the execution of other, unwritten orovisional items made between ADUOCAP and the homeowner, not expressly contained in �he final work order. 7. COORDINATION OF WORK: ADVOCAP will coordinate all work performed under this contract with the ,:or�: program of the Oshkosh Community Development Qepartment and its staff. Tnis coordination and cooperation shall include but not be limited to the �o?lo�,�ing areas: 0 � a. Prior to the commencement of residential rehabilitation services at any subject property served under his contract, the appropriate staff of ADVOCAP will review and determine with the staff of the Oshkosh Community Development Department, the f�omeowner's eligibility, the work specifications, property inspectFans, and job orders for subject property. b. The Oshkosh Community Deve}opment Qepartment shall apprise ADVOCAP of atl past or current building inspectian reports which may exist on subject properties to be served under this contract. c. Prior to the commencement of residential rehabilitation services at any subject property served under this contract, the Oshkosh Community Devetopment Department sha11 make a determination regarding the historic preservation impact of any Hrork to be perfo�rned and advise ADVOCAP of same. d. In the performance of services under this contract, ADVOCAP agrees to cooperate fully with any efforts Nrithin specifi� areas of the City of Oshkosh designated by the Oshkosh Community Development Department. 8. A:•d7f-DISCRIMINATION: In performing the work herein, ADVOGAP agrees that it will not discrir�inate against anyone on the basis of race, creed, cotor, sex, or national origin in its employment practices and/or in providing the services agreed to herein. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first above written. �,D�JOCAP /�� , - � �� ,, ^ �___"_ � �%- -� ,,��% N �, -% ��,� --�.��--� � Execu t i ve D i rector �'� �� o- �-r %,.:�__ C` %' �..,.,�� it___._._., £-6rp 6 ra�t'rart—Ev arrse-1 � _ , �� ,� ; CITY OF QS KOSH �'� - r'� � �i y Manager Gj/�''�� -ur-c� a� t� F.-`^..� a��r� �-c�„Y�.�,.� �/ , �v.,��.' , 2 �'-�f • C i ty Attorney i�y� ^ % ?� �-� � /�. ` �'� Cit'y C1erk �� ,� ,�:. �,l' ., . - �?j�•i%;��c<�_� �t. �y �-':.' . -��`� . -� - /� . / � , . � � � � J �.�_ . �.. r-t n�i .�'.�,-f--~ _ _ . -� .�� '_:o--��.be� 9, 1976 �'o�_�?=s C. Pearson � 7= ;�. Di�;ision S�reet -o_� e,� Lac, T.•iI 54935 ��a_ �ou�: 4�'t'�, �. 1 J �: ; -:5 COU�vGL-��UqGER nDtiv!viSr�=.��T�C.�r� �� le=ter is �or��areed in answer to your request for clarification and �oc�e-�.afiion concerning the issue of payment of "direct labor". T_� �s t�� City's position that the payment for ADVOCAP's labor service be c��.ut�^ in the zo?'lo*.aing rianner: (1) Actual S.id.P, labor t Actual Supervisor� costs Direct labor (2} Direct labor X 30i ?.eim�ursable ADVOCAP labor charge; or (2a) I� the reimbursable ADVOCAP Iabor charge exceed $SOO.QO; �ne total payment will be $500.00. � t.��'_e ?itie to reiterate that your cost per hour for "supervisory" labor �s :et _e �e ve�irie� by your Progra� Coordinator. I expect little difficulty �� =: �^__ =,�na1 �igure, �ut I �aould appreciate the breakdown of individual _____�__?�_on i� tne "supervisory" catagory. _-�=_�-:e tnis in�o�-r:ation should clarify our position and be complementary `� .'^-�~ �-!�erstar_d�r:g of the payzr.ent schedule. If you should need any �_.___ __.=o�a*_io�, please feel free to contact me. _ _, _ �----�-�-_'� .---: � �c:: �___'?_ ��__�QS_- . - .�� _ - - �--� � _ ---__ �� -� :pr -_ _" :�j �� '� ��}� . �1, � �. �,,' s _ . _ e P.O. c7X ?13!1 o C�fiK7.r,=I,`;JISCONSIN 5q901 � N � �2. `. pb �".. \.4.� r � r�� 0 � Q � � � � �-I � � � Q � � O- �-1 -1-� J-� U r-�I C� O � � � v O � U -{ ) � � � Qi O H O � � O � t . �.. F � -, �,_. � � .J � � � ti � � a � � �I � � � � � r � .Q � -�-� -4-� U �.�-{ O ' � `�� O v .. . ,. .. -'�w .. '-1-. .ti.�1