HomeMy WebLinkAboutMemorandum of Understanding Rock the Block with Habitat for Humanity & GO-HNI 134} 40
JULY 24, 2018 18-407 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE MEMORANDUM OF UNDERSTANDING FOR ROCK
THE BLOCK WITH HABITAT FOR HUMANITY AND GREATER
OSHKOSH HEALTHY NEIGHBORHOOD,INC.
INITIATED BY: COMMUNITY DEVELOPMENT
WHEREAS, the City of Oshkosh, Habitat for Humanity, and Greater Oshkosh
Healthy Neighborhoods, Inc. desire to work together to improve the quality of life in
neighborhoods throughout the City of Oshkosh through participation in a neighborhood
revitalization initiative known as "Rock the Block"; and
WHEREAS, Habitat, working with GO-HNI and CITY, will identify targeted
neighborhoods to complete home repair and preservation projects for low income
homeowners, and community projects to improve and beautify the neighborhood
surrounding the homes in Rock the Block®events.
NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of
Oshkosh that the attached Memorandum of Understanding for the Rock the Block with
the Habitat for Humanity of Oshkosh, Inc. and Greater Oshkosh Healthy
Neighborhoods, Inc. is hereby approved and the proper City officials are hereby
authorized to execute and deliver the agreement in substantially the same form as
attached hereto, any changes in the execution copy being deemed approved by their
respective signatures, and said City officials are authorized and directed to take those
steps necessary to implement the terms and conditions of the Agreement.
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING ("MOU") is by and between
GREATER OSHKOSH HEALTHY NEIGHBORHOODS, INC., a Wisconsin Non-Stock
Corporation (hereinafter "GO-HNI"); HABITAT FOR HUMANITY OF OSHKOSH, INC. a
Wisconsin Non-Stock Corporation (hereinafter "HABITAT"); and the CITY OF OSHKOSH
(hereinafter "CITY") and hereinafter collectively the "Parties"
WHEREAS, the Parties desire to work together to improve the quality of life in
neighborhoods throughout the City of Oshkosh through participation in a neighborhood
revitalization initiative known as "Rock the Block" under the terms and conditions of this
Agreement.
NOW THEREFORE, for consideration as described herein the Parties hereto agree
as follows:
Purpose. Habitat, working with GO-HNI and CITY, will identify targeted
neighborhoods to complete home repair and preservation projects for low
income homeowners, and community projects to improve and beautify the
neighborhood surrounding the homes in Rock the Block®
events. Neighborhood revitalization will look different in each target
neighborhood based on the needs and interests of the residents.
Rock the Block®events shall be scheduled in coordination with all Parties and
are subject to all laws and regulations including the City of Oshkosh Special
Events, noise and street obstruction ordinances as applicable.
II. Term. The term of this MOU shall be for five (5) years commencing on May 1,
2018 and terminating on April 30, 2023.
III. Periodic Meetings. The Parties shall conduct periodic meetings as agreed
upon, but not less than once per quarter.
IV. Contributions. The Parties shall provide the following:
a. CITY:
i. Research and data pertaining to census tracts and population, age
and condition of structures, condition of public infrastructure and
other pertinent information as shown by official city records;
ii. Tracking services related to the research and data generated;
Page 1 of 5
iii. Technical support and assistance to include, but not limited to, permit
requirement, maps, equipment, inspections services, and regulatory
compliance; and
iv. Identify suitable public space for staging areas, as appropriate.
b. GO-HNI:
i. Provide community engagement services to include a representative
to engage the residents through door-to-door contact;
ii. Promote the events; and
iii. Identify potential projects.
c. HABITAT:
i. Bring partners together;
ii. Define the scope of work for the Rock the Block® events;
iii. Identify and obtain additional funding sources;
iv. Recruit, train and equip volunteers;
v. Hold assets;
vi. Market the Rock the Block® program and individual events;
vii. Obtain all required permits and approvals for events and individual
projects';
viii. Compliance duties; and
ix. Evaluation services.
V. Revenue Sharing. The Parties anticipate application for certain grants and shall
share in the revenue as follows:
a. Basic Needs Giving Partnership Grant: The Basic Needs Giving
Partnership Grant will be split on a 80-20 basis as follows:
i. HABITAT will receive Eighty Percent (80%).
ii. GO-HNI will receive Twenty Percent (20%).
Habitat shall be responsible for payment of all fees and costs associated with inspections and permits. By entry
into this Agreement,the City of Oshkosh is not waiving permit, inspection or other costs or fees.
Page 2 of 5
b. Other Grants or Revenue Received. Revenue designated for this program,
received from donations, grants or sources other than as specifically
identified above shall be allocated as agreed by the parties and as provided
in written addendum which shall be attached to this Agreement.
VI. Independent Leased Employees. GO-HNI and HABITAT anticipate hiring
additional employees in order to successfully fulfill their duties and obligations
under this MOU. GO-HNI and HABITAT also anticipate providing personnel to
each other from time to time. From an operational standpoint, all personnel
provided to GO-HNI or HABITAT from the other shall be considered to be
leased employees in the performance of the services.
GO-HNI and HABITAT are and shall be deemed to be at all times acting and
performing as independent contractors and the personnel provided hereunder
shall be employees of the party providing the employees. The party receiving
the leased employees will not pay any sums for income tax, workers'
compensation, unemployment insurance, social security or any other
withholding pursuant to any law or requirement of any government body. All
such payments, withholding and benefits are the sole responsibility of the party
providing the employees.
GO-HNI and HABITAT represent and warrant that any personnel provided have
and will be at all times during the term of this MOU treated as their employees
for all F.I.C.A. tax, withholding tax, unemployment tax, and insurance purposes.
The City of Oshkosh shall not be a participant in the provisions of this paragraph
of the Agreement, no employees or contractors of either entity shall be
considered for any purpose employees of the City of Oshkosh, and the City of
Oshkosh shall bear no responsibility for the compensation or benefits for any
employee hired hereunder.
VII. Indemnification. HABITAT and GO HNI hereby indemnify, defend and hold
each other and CITY harmless from any and all liability, including claims,
demands, losses, costs, damages, and expenses of every kind and description
(including death), or damages to person or property, including reasonable
attorneys' fees (collectively, "Losses"), suffered or incurred by any party to the
extent caused by the following: (a) the acts or omission of that party (or its
officers, employees, agents, suppliers, or subcontractors while acting within the
scope of their employment or service to Corporation) in connection with this
Agreement; or (b) the failure of the Party or its contractors, subcontractors,
agents, employees, or invitees to comply with any law, rule, regulation or
ordinance, or any order of any regulatory or administrative authority in
connection with this Agreement.
Page 3 of 5
Subject to any limitations contained in Secs. 893.80, 893.83, 345.05, and any
similar statute, of the Wisconsin Statutes, City hereby indemnifies, defends and
holds HABITAT AND GO HNI harmless from any and all Losses, suffered or
incurred by those parties to the extent caused by the following: (a) the acts or
omission of CITY (or its employees, agents or contractors while acting within
the scope of their employment or service) in connection with this Agreement;
or (b) the failure of CITY or its employees, agents or contractors to comply with
any law, rule, regulation or ordinance, or any order of any regulatory or
administrative authority in connection with this Agreement.
Nothing contained within this agreement is intended to be a waiver or estoppel
of the ability of the contracting municipality or its insurer to rely upon the
limitations, defenses, and immunities contained within Wisconsin law, including
those contained within Wisconsin Statues §§ 893.80, 895.52, and 345.05 and
that such damage limits, caps and immunities shall be used to govern all
disputes, contractual or otherwise, as they apply to the parties, their agents,
officers and employees. To the extent that indemnification is available and
enforceable, the municipality or its insurer shall not be liable in indemnity or
contribution for an amount greater than the limits of liability for municipal claims
established by Wisconsin Law.
It is the intention of the parties to this Agreement that each party shall be solely
responsible for its own actions and activities and the actions and activities of its
own officers, employees and agents while acting within the scope of their
employment or service.
VIII. Interpretation. This MOU shall be governed by the laws of the State of
Wisconsin.
IX. Assignment. This MOU may be assigned, only upon written consent of both
parties.
X. Benefit. All of the terms and conditions of this MOU shall inure to the benefit
of and shall be binding upon the parties hereto, their respective successors,
heirs, and assigns.
XI. Invalid Provision. In the event any provision of this MOU is held to be void,
invalid or unenforceable in any respect, then the same shall not affect the
remaining provisions hereof, which shall continue in full force and effect.
XII. Captions. Captions are used in this MOU for convenience only and are not
intended to be used in the construction or in the interpretation of this MOU.
XIII. Entire Agreement. This MOU contains the entire understanding of the parties.
It may not be changed orally. This MOU may be amended or modified only in
writing that has been executed by both parties hereto.
Page 4 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement on this day
of July, 2018.
GREATER OSHKOSH HEALTHY HABITAT FOR HUMANITY
NEIGHBORHOODS, INC. OF OSHKOSH, INC.
' ,_-.._..-,??----,------- .... 41:4-----,.....,j)_.---21----1--"- -
Q " //N2' z-,re.e .24,e oiir,_/Z� �w ,4.�--r.- °%wsMs.r+ 1*/ ,.( 0_,i :iZ
CITY OF OSHKOSH
a--
M A. Rohloff, C. Man ger
Pamela R. Ubrig, City CI rk
Approved:
0
C-Ltn A. Lorens , ity Attorney
Page 5 of 5