HomeMy WebLinkAboutHousing and Urban Development HUD Recovery Agreement & Action Plan 2019 Z
RECEIVED
JAN 3 0 2019
Recovery Agreement between CITY CLERK'S OFFICE
Oshkosh Housing Authority
And
the United States Department of Housing and Urban Development
And
the City of Oshkosh
This Recovery Agreement is entered into between the Oshkosh Housing Authority, the
UNITED STATES DEPARMENT 9F HOUSING AND URBAN DEVELOPMENT ("HUD")
and the City of Oshkosh as of this day of y , 201.
RECITALS
WHEREAS, under the United States Housing Act of 1937, as amended, ("Act"), 42
U.S.C. § 1437 et seq., the United States Department of Housing and Urban Development
("HUD") is responsible for administering low income housing programs, and pursuant to the
Act, HUD has entered into an Annual Contributions Contract ("ACC") with the Oshkosh Hous-
ing Authority to develop and operate public housing projects of the Oshkosh Housing Authority;
and
WHEREAS, pursuant to the Act, HUD must evaluate public housing performance and
has instituted the Public Housing Assessment System("PHAS"); and
WHEREAS, on the basis of an annual PHAS score, the Oshkosh Housing Authority has
been designated Troubled for financial, physical and/or management indicators, or other such
deficiencies as HUD has identified; and
WHEREAS, the Act requires HUD to enter into agreements that establish performance
targets, set out strategies for meeting targets, provide for incentives and sanctions for effective
implementation of the strategies leading to recovery of performance and attain an improved sta-
tus of at least a Standard Performer; and
WHEREAS,the recovery of performance is intended to lead to a sustainable sound fiscal
management and good governance; and
WHEREAS, the parties desire to correct all HUD-identified deficiencies through the im-
plementation of this Recovery Agreement, ("Agreement");
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained,HUD, the Oshkosh Housing Authority and the City of Oshkosh agree as follows:
I. The Oshkosh Housing Authority agrees to achieve the outcomes outlined in the Action
Plan and incorporated into this Agreement as Exhibit A.
II. The Oshkosh Housing Authority and the City of Oshkosh agree to work together to de-
velop and implement a Sustainability Plan if necessary to achieve recovery.
III. The Action Plan describes the results following HUD's review and assessments of PHA
performance, the measures that need to be implemented to improve the performance and
the desired outcomes to be achieved and establishes a timetable to achieve those out-
comes. The Action Plan also identifies the available remedies to resolve HUD's determi-
nation of non-performance.
IV. Upon execution of the Agreement, the Oshkosh Housing Authority will commence with
the required actions listed in the Plan within the timeframes set forth therein.
V. The Oshkosh Housing Authority will cure identified deficiencies within the timeframes
established in the Action Plan.
VI. Subject to section XII, regardless of possible changes in the Oshkosh Housing Authori-
ty's Board composition, or the decision-making individuals for HUD or the City of Osh-
kosh, the term of this Agreement is effective as of the execution date of this document
and will continue until completion of the Action Plan in accordance with 6(j) (2) and (3)
of the Act, and any agreed upon extensions. This Agreement will remain in effect until
the Oshkosh Housing Authority has completed all items listed in the Plan, even if HUD
removes the Oshkosh Housing Authority's troubled/substandard designation.
VII. HUD, in its discretion, may provide technical assistance, including training or contract
support, to the Oshkosh Housing Authority to facilitate accomplishment of the items in
the Action Plan. The Oshkosh Housing Authority's compliance with the Action Plan,
however, shall not be contingent on HUD's provision of any technical assistance or other
discretionary assistance.
VIII. The Oshkosh Housing Authority shall provide HUD with written progress reports as
identified in the Action Plan. The report shall detail the Oshkosh Housing Authority's
progress towards the completion of the items required by the Action Plan. The reports
shall identify those items that have been completed and provide any necessary documen-
tation to support this determination.
IX. HUD will review the Action Plan progress reports submitted by the Oshkosh Housing
Authority and supporting documentation. HUD will confirm in writing to the Oshkosh
Housing Authority the items that HUD determines to have been successfully completed,
those that require additional documentation and those that are past due.
X. If the Oshkosh Housing Authority disagrees with HUD's determination concerning the
completion of any item, the Oshkosh Housing Authority may request a reconsideration of
the determination and submit additional information to support its position. HUD will
provide the Oshkosh Housing Authority with a written notice of its decision.
Xl. The failure of the Oshkosh Housing Authority, its employees, officers, agents, or contrac-
tors to comply with this Agreement, including the failure to achieve the agreed upon out-
comes or to take the actions or comply with the time frame set forth in the Action Plan,
Recovery Agreement—November 2018 Page 2
•
may result in HUD seeking any available remedies, including any of the following ac-
tions sequentially or simultaneously:
a. Consolidation;
b. Consortia/Joint Venture;
c. Contraction of Operational Activities;
d. Cooperative Endeavor Agreement;
e. Debarment;
f. Deliver possession and control of project(s)to HUD;
g. Limited Denial of Participation;
h. Receivership; and/or
i. Suspension.
XII. The parties by mutual written agreement may agree to extend the timeframes set forth in
the Action Plan from time to time. In the event said timeframes are extended, HUD
agrees that it will not take any of the actions against the Oshkosh Housing Authority as
set forth in this section of the Agreement for noncompliance with original timeframes.
XIII. Communication related to the Recovery Agreement and Action Plan shall be provided to
the Public Housing Director and the HUD Recovery Team leader, if applicable.
XIV. HUD, the Oshkosh Housing Authority and their employees, subcontractors, partners or
assigns, and the City of Oshkosh shall comply with all applicable federal, state, and local
laws and regulations relating to the performance of this Agreement to which their activi-
ties are subject.
XV. Notwithstanding any provisions of this Agreement to the contrary, the parties shall not be
held liable for any failure or delay in the performance of this Agreement that arises from
fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, out-
break of war,riots, civil commotion, force majeure, acts of God,or for any other cause of
same character which is unavoidable through the exercise of due care and beyond the
control of the parties, provided that said failure or delay in the performance of this
Agreement attributed to any of the events described herein is acknowledged in writing by
HUD. Upon the issuance of HUD's written acknowledgement, the failure to perform
shall be deemed excused during the continuance of such circumstances as determined by
HUD,but this Agreement shall otherwise remain in effect.
XVI. In the event of any conflict between terms in this Agreement, including all exhibits,
attachments and all other documents specifically incorporated by reference, and HUD's
applicable Public Housing requirements including,but not limited to, the Act, HUD regu-
lations there under(and,to the extent applicable, any HUD-approved waivers of regulato-
ry requirements), the ACC, HUD notices, the HUD-approved Declaration of Trust or
Recovery Agreement—November 2018 Page 3
Declaration of Restrictive Covenants in favor of HUD, and all applicable Federal statuto-
ry, executive order and regulatory requirements, as those requirements may be amended
from time to time, the applicable Public Housing requirements shall prevail. HUD re-
serves the right to resolve any conflict.
XVII. Any modification or amendment of any condition or provision in this Agreement by ei-
ther party will not imply or constitute a further modification or amendment of the same or
any other condition or provision, nor shall it relieve the parties from performing any sub-
sequent obligations strictly in accordance with the term of this Agreement. No modifica-
tion or amendment shall be effective unless in writing and signed by the party against
whom enforcement is sought. Such modification or amendment shall be limited to provi-
sions of this Agreement specifically referred to therein and shall not be deemed a modifi-
cation or amendment of any other provision. No modification or amendment of this
Agreement shall constitute a HUD-approved waiver of regulatory requirements.
XVIII. Should any term or provision of this Agreement be held, to any extent invalid or unen-
forceable, as against any person, entity or circumstance during the term hereof, by force
of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall
not affect any other term or provision of this Agreement to the extent that the Agreement
shall remain operable, enforceable and in full force and effect to the extent permitted by
law.
XIX. To the extent authorized by the Act and HUD regulations, HUD can unilaterally amend
this Agreement. Otherwise, this agreement may be amended by mutual agreement of the
parties.
XX. This Agreement states the entire understanding and agreement between the parties and
supersedes any and all written or oral representations, statements, negotiations, or agree-
ments previously existing between the parties with respect to the subject matter of this
Agreement. However, this Agreement does not supersede, modify or amend the ACC as
further described in Paragraph XXII. The parties recognize that any representations,
statements or negotiations made by the staff of either party does not suffice to legally
bind either party in a contractual relationship unless they have been reduced to writing
and signed by their authorized representative(s). This Agreement shall inure to the bene-
fit of and shall be binding upon the parties, their respective assigns, and successors in in-
terest.
XXI. This Agreement may be executed and delivered in separate counterparts, which, when so
executed and delivered,shall be deemed an original.
XXII. This Agreement does not supersede, modify or amend the ACC between HUD and the
Oshkosh Housing Authority, or in any way excuse the Oshkosh Housing Authority from
complying fully with its obligations under the ACC. HUD does not waive its statutory,
regulatory or contractual rights. Nothing contained in this Agreement shall serve to limit,
modify or preclude HUD's right to take any remedial action allowed by the ACC or any
provision of the Act or related regulations. Nothing contained in this Agreement shall
Recovery Agreement—November 2018 Page 4
serve to limit, modify or preclude HUD or the Oshkosh Housing Authority's right to take
any remedial action allowed by the Agreement.
XXIII. The parties agree that any cost associated with the implementation of this Agreement, the
Action Plan and the Sustainability Plan shall be their individual responsibility unless spe-
cifically agreed in writing between the parties.
XXIV. The City of Oshkosh, through its Appointing Authority, acknowledges the importance of
effective governance as part of the recovery and sustainability of the Oshkosh Housing
Authority. As a signatory of this Agreement,the City of Oshkosh commits to oversee
and monitor its duly appointed agents, the appointees to the Oshkosh Housing Authority
Governing Board,in the discharge of their duties. Upon the discovery of any failure of
the Oshkosh Housing Authority Board to discharge its duties under this Agreement,the
City of Oshkosh will take all necessary steps to correct the Board's actions or omissions
and ensure compliance with the terms of this Agreement.
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby ex-
ecute this Agreement on the date first written above.
UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVE OPMENT
By: v1Th c O
Shirley Wong
Public Housing Director
Milwaukee Field Office
Oshkosh Housing Authority
ATTEST: BY ITS BOARD OF
COMMISSIONERS
By: .
Nicholas
Board Chair
Oshkosh Housing Authority
By: By: A n, ��511ty�d
n . Lor n Susan van Houwelingen
Ci ty Attorney Executive Director
i-ty Oshkosh Oshkosh Housing Authority
1 I �• By: -���
By: '�' Mar Rohloff
amela R. Ubrig
City Cl erk 1 City Manager
City of Oshkosh City of Oshkosh
Recovery Agreement—November 2018 Page 5
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Ubrig, Pam
From: Lorenson, Lynn
Sent: Wednesday, January 30, 2019 1:24 PM
To: Ubrig, Pam
Subject: FW: Recovery Agreement and Action Plan
Attachments: Scanned from a Xerox multifunction device.pdf
See attached fully executed document. I believe HUD has the original.
Lynn
Original Message
From: Su van Houwelingen [mailto:suv@ohawcha.org]
Sent: Wednesday,January 30, 2019 11:58 AM
To: Lorenson, Lynn <LLorenson@ci.oshkosh.wi.us>
Subject: FW: Recovery Agreement and Action Plan
Lynn,
Attached is the fully executed Recovery Agreement, now signed by HUD. So glad they are back.
Susan (Su) van Houwelingen
Executive Director
Oshkosh/Winnebago County Housing Authority P.O. Box 397 Oshkosh, WI 54903-0397
Ph: 920-424-1470 x112
Cell: 920-642-3480
Fx: 920-424-1474
Website: Ohawcha.org
Original Message
From: Schultz, Diana L [mailto:Diana.L.Schultz@hud.gov]
Sent: Tuesday,January 29, 2019 2:28 PM
To: Su van Houwelingen; nhahn@oshkoshlawyers.com
Subject: Recovery Agreement and Action Plan
Attached is the executed Recovery Agreement and Action Plan.
Diana L. Schultz I Portfolio Management Specialist Phone 414.935.6727 I Fax 414.935.6781 U.S. Department of Housing
and Urban Development Office of Field Operations Milwaukee Office of Public Housing
310 W Wisconsin Ave, Suite 950 I Milwaukee, WI 53203 diana.l.schultz@hud.gov I www.hud.gov
1