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HomeMy WebLinkAboutReso 98-125 - Approve the Agreement between the COR & Mercy Foundation North & Auth the CM to Sign Same �. �,'�.�� • � RESOLUTION NO. q�� l�� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITvY OF REDDING AND MERCY FOUNDATION NORTH AND AUTHORIZING THE CITY MANAGER TO SIGN SAME. BE IT RESOLVED by the CiTy Council of the City of Redding as follows: 1. The City Council of the City of Redding hereby approves the Agreement between the City of Redding and Mercy Foundation North providing off-site preparations required to allow construction of the proposed new Golden Umbrella- providing a "one stop" facility for senior services in Redding. 2. The City Manager of the City of Redding is hereby authorized and directed to sign all necessary documents on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the City Manager and to impress the official seal of the City of Redding on the aforesaid documents, when appropriate. 3. A true copy of the Agreement referred to herein is attached hereto and made a part hereof. I HEREBY CERTIFY that the foregoing resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 18th day of August 1998, and was duly adopted at said meeting by the following vote: AYES: COLJNCILMEMBERS: Anderson, Cibula, Kight and McGeorge NOES: COLJNCIL MEMBERS: Kehoe ABSENT: COLJNCIL MEMBERS: None ABSTAIN: COi1NCIL MEMBERS: None � DAVID A. OE,Mayor ATTEST: City of R ding � ' CONNIE STR ER,C' erk FORM APPROVED: � � � ..���� ��� ( W.LEONARD WING/AAT , City Attorney � proj\cdbgUesos.cc , �r ` �..1\ • • AGREEMENT BETWEEN C1TY OF REDDING AND MERCY FOUNDATION NORTH FOR USE OF CDBG FUND�S THIS AGREEMENT, made and entered into this day of , 19 , by and between the CITY OF REDDING, a municipal corporation, hereinafter called "CITY" and the MERCY FOUNDATION NORTH, a California nonprofit corporation, hereinafter called "PROVIDER." RECITALS ' WHEREAS, the C1TY has allocated Community Development Block Grant (COBG) funds to PROVIDER for. the specific purposes set forth herein; and WHEREAS, said funds are provided to the C.ITY through the Community Development Block Grant Program of the U.S. Department of Housing and Urban Development fHUDy; and WHEREAS, the CITY has allocated said funds for the sole purpose of supporting PROVIDER's delivery of services and programs to CITY's residents as set forth herein. NOW, THEREFORE, it is mutually agreed by PROVIDER and CITY as follows: I. PROVISIONS AND SERVICES. PROVIDER will render to residents of the City of Redding services as set forth in attached Exhibit "A," and as represented in the PROVIDER's application dated March 1 3, 1 998, and which is hereby incorporated by reference as if set forth in full. I I. TERM. The term of this Agreement shall be from August 1 , 1 998 through July 31 , 1 999. III. AMOUNT AND USE OF FUNOS. Use of CITY's funds allocated hereunder to PROVIDER shall be subject to the following terms and conditions: A. The CITY shall pay to the PROVIDER a sum not to exceed S 1 10,070.00, as identified in Exhibit "C," for services set forth in Exhibit "A." B. Any funds paid to PROVIDER shail be used solely for the purposes set forth in Exhibit "A." C. Funds paid hereunder shall be expended solely for the benefit of City of Redding residents, i.e., persons living within the corporate limits of the CITY. D. PROVIDER shall render services utilizing funds paid by the CITY hereunder only to recipients meeting appropriate eligibility criteria under CDBG guidelines, as identified in Exhibit "B," or such other guidelines as may be recommended by PROVIDER and accepted by the CITY. � • AGREEMENT FOR MERCY FOUNDATION NORTH FOR GOLDEN UMBRELLA EXPANSION PROJECT Page 2 IV. APPORTIONMENT OF FUNDS. A. No allocated funds will be disbursed under this Agreement until final fund drawdown authorization has been received by the City from HUD. B. Payment of said funds wili be made in accordance with a schedule estabiished by the Finance Officer of the City of Redding. Exhibit "D" is to be used by PROVIDER as a request for reimbursement. V. TERMINA TION. A. If PROVIDER defaults in the performance of any term or condition of this agreement, it must cure that default by satisfactory performance within 10 days after service upon it of written notice of default. If PROVIDER fails to cure the default within that time, then CITY may terminate this agreement without further notice. B. Notwithstanding subdivision V-A above, in the event that CITY fails to receive CDBG funds, or the allocation of such funds are reduced by HUD, CITY may terminate this agreement by giving notice to PROVIDER by registered mail. C. Upon termination, PROVIDER shall transfer to CITY any CDBG funds on hand at the time of termination and any accounts receivable attributable to the use of CDBG funds. VI. REVERSION OFASSETS. Upon expiration of this Agreement, PROVIDER shall transfer to CITY any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. VII. PROGRAM INCOME. A. "Program Income" means amounts received by PROVIDER generated from the use of funds under the terms of this Agreement. It includes, but is not limited to, the following: 1 . Proceeds from the disposition by sale or long-term lease of real property purchased with CDBG funds; 2. lncome from the temporary use, lease, or sale of properties acquired or developed with CDBG funds; 3. Payments of principal and interest on loans made using CDBG funds; 4. Interest earned on CDBG funds held in a revolving fund account; 5. Interest earned on program income pending disposition of such income. B. Program income may be retained by PROVIDER and used for those activities as set out in the "Scope of Work" section of this Agreement. � � AGREEMENT FOR MERCY FOUNDATION NORTH FOR GOLDEN UMBRELLA EXPANSION PROJECT Page 3 C. Program income earned shali be substantially disbursed to the approved activities prior to requesting disbursement of additional funds from CITY. PROVIDER shall show all program income generated using CDBG funds as adjustments on their requests for funds submitted to CITY. D. in the event that PROVIDER is unable to expend all program income in the current year, it will be considered as carryover funds available for successive CDBG grant years. V111. DOCUMENTS REPORTS AND RECORDS. PROVIDER shall at all times maintain a complete and current set of financial and siatistical records of ail its activities, which shall incfude, but shall not be limited to, those specifically set forth below or otherwise mentioned herein, and which shall in particular refiect cleariy the appiication and use of funds paid to it by the CITY. All such records shall be in a form satisfactory to the C1TY and shall be subject to inspection or audit by ClTY staff at any reasonable time during the normal and usual business hours of PROVIDER. Any inspection or audit of both financial and nonfinancial files shall be made by the Housing Administrator or his or her designee. Recognizing that PROVIDER may from time to time render services to recipients which are highly personal and confidential in nature, the CITY shall only disclose such information as required by law. Specifically, PROViDER shail file Exhibit "D," "MONTHLY REPORT FOR USE OF CDBG FUNDS," with the CITY no later than 30 calendar days after the completion of the previous month. This Exhibit shall be submitted monthly as an invoice for CDBG funds expended in the previous month. Any supportive documents such as time cards, receipts, etc., should be attached to the monthly reporting form. IX. lNDEPENDENT CONTRACTOR. In providing its services, PROVIDER will act as an independent contractor and no officer or employee of PROVIDER will be deemed a CITY officer or empioyee for any purpose. X. HOLD HARMLESS Each party to this agreement agrees to defend, indemnify, and hold harmless each other, its officers, agents, employees, and volunteers, from and against any liability for all claims, losses, damages, attomey's fees and other expenses to the extent such claims, losses, damages, attorneys' fees or expenses are caused by a party's negligent acts, errors, or omissions. in the event such ciaims, losses, damages, attorneys' fees or expenses are caused by the joint or concurrent negligence of more than one of the parties hereto, such liability shall be t�orne by each party in proportion to its own negligence. � � AGREEMENT FOR MERCY FOUNDATION NORTH FOR GOLDEN UMBRELLA EXPANSION PROJECT Page 4 X I. INSURA NCE PRO VlSIONS. PROVIDER shall comply with CITY insurance requirements. PROVIDER shall obtain comprehensive General Liability, Automobile Liability and Employer's Liability insurance as detailed in Exhibit "F." XII. LEGAL COMPLIANCES. PROVIDER shall at all times during the term of this Agreement compiy with ail legal requirements, including any applicable Federal, State or City regulations, and shall secure at its full cost and expense any and ail permits, applications or other requirements in connection therewith. XIII. UNIFORM ADMINISTRATIVE REQUIREMENTS A. PROVIDER shali comply with the requirements of Titie 24, Part 135, Employment Opportunities for Businesses and Lower-Income Persons in Connection with Assisted Project, which implement Section 3. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance of HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. PROVIDER shall comply with the requirements and standards of OMB Circular No. A-1 22, A-1 10, and A-21 , including all stated restrictions on the use of approp�iated funds for lobbying purposes in connection with a specific contract, grant, or loan. To this effect, PROVIDER further agrees to execute Exhibit "E," Anti-Lobbying Certification, attached hereto. C. PROVIDER will comply with the requirements of Section 504 of the Rehabilitation Act of 1973 as amended by 29 USC 794. D. No member of or Delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. E. No member, officer or employee of the City of Redding, or its designees or agents, no members of the governing body of the City of Redding, and no other public official of the City of Redding who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. F. The assistance provided under this Agreement shail not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974 or • . AGREEMENT FOR MERCY FOUNDATION NORTH FOR GOLDEN UMBRELLA EXPANSION PROJECT Page 5 HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. G. PROVIDER shali comply with the prevailing wage provisions of the Davis - Bacon Act on any project costing in excess of 52,000.00 when 25 percent or more of the costs of such project are paid with Community Development Block Grant funds. H. PROVIDER shail pay individuals employed in jobs financed in whole or in part with CDBG funds not less than the prevailing rates of pay for such jobs. This provision does not apply to an employee or employees in any program category who are being paid in whole, or in part with CDBG funds unless 25 percent or more of the total wages paid to all employees in that category are paid from CDBG funds. XI V. DISCRIMINA TION Except as provided in section 1 2940 et seq. of the Government Code, PROVIDER shall not discriminate against any person because of his or her race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, mental status, age, or sex nor refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment, or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions or privileges of employment. The PROVIDER shall insert in all subcontracts for any work covered by this Agreement this nondiscrimination provision. XV. ASSIGNMENT PROVIDER shall not assign any interests in this agreement and shall not transfer any interest in the same without the prior written consent of CITY. XVI. MODIFICA TION This agreement may only be modified by written amendment hereto, executed by both parties, however, matters concerning the scope of services which do not affect the agreed price may be modified by mutual written consent of PROVIDER and CITY executed by the City Manager. XVlI. SEVERABILITY If any provision of this agreement is held to be unenforceable, the remainder of this agreement shall be severable and not affected thereby. XVlII. NOTICES All notices that are required to be given by one party to the other under this agreement shall be in ��vriting and shall be deemed to have been given if delivered personally while enclosed in a properly addressed envelope and deposited with the United States Post Office for delivery by registered or certified mail, addressed to the parties at the � � AGREEMENT FOR MERCY FOUNDATION NORTH FOR GOLDEN UMBRELLA EXPANSION PROJECT Page 6 following addresses, unless such addresses are changed by notice, in writing, to the other party. City of Redding Mercy �oundation North , Housing Division 2480 Sonoma Street Suite B 760 Parkview Avenue Redding, CA 96001 P.O. Box 496071 Redding, CA 96049-6071 X1V. ADDITIONAL PROVISIONS This agreement shall be governed by the laws of the State of California. It constitutes the entire agreement between the parties regarding its subject matter. This contract supersedes all proposals, orai and written, and all negotiations, conversations or discussions heretofore and between the parties related to the subject matter of this agreement. CITY OF REDDING ATTEST: gy MICHAEL WARREN, City Manager CONNIE STROHMAYER, City Clerk MER FOUNDATION NORTH � 1 FORM APPROVED: � � l/ ' I B � �^)-� ��� � '� Y irec or �q,J���-- W. LEONARD WINGATE, City Attorney � � B -- Governing Official . . , . • . EXHIBIT "A" Scope of Work The Scope of Work under this Activity shall consist of expansion of Catholic Healthcare . West North State's affiliate, the Golden Umbreila Program. Funding would pay for off-site preparation required to allow construction of a much-needed campus for senior services in the community. Golden Umbrella currentiy offers five major programs to seniors and disabled adults: Adult Day Care and Adult Day Health Care programs; HOPE for Elderly Independence; Project Match; Foster Grandparent and Senior Companion; and Information and Referral and Multi- Services programs. These programs are offered at two sites in the community. Pians to expand Golden Umbrelia and its programs involve construction ofi a new, larger facility on an accessible site, with potential for centralization and collaboration of multiple senior services and agencies. Community Development Block Grant funds will be utilized for the off-site preparations for the new 10,000 square-foot building, including, but not limited to grading, asphalt and base, storm drainage, sewer, water, curb and gutter, and sidewalk. The project is expected to begin by August 1998. Building construction is anticipated to begin by September 1999. When completed, the Golden Umbrella expects to double its Adult Day Care and Adult Day Health Care programs, offer a program specifically designed for peoole with Alzheimer's disease, increase all service levels and offer a "one-stop" facility for senior services in Redding. Provisions and Services Provider will be responsible for the foliowing: 1 . Conform to City permit and bid procurement requirements. 2. Submission of monthly reports, Exhibit "D," to the City, which serves as an invoice for use of CDBG funds and an indicator of the service level of the activity. Any supportive documentation should be attached to the monthly reporting form. The City will provide the necessary forms. 3. Seek out and apply for all sources of funding currently available to be used to supplement CDBG funds in the operation of this activity. � � � � • i EXHIBIT "B" CDBG Income Guidelines: �9i�:�:: C i ":'��:'° ��i'!�i�! i ����'!( �i%�,,r�,� �,���,,�. ��:��,�;'; ,, ��' � ��;�i,..,, e,.r a;, _ � �;. . , . ..�. , 1 1 3,000 1 ,083 20,800 1 ,733 2 14,850 1 ,238 23,750 1 ,979 3 16,700 1 ,392 26,700 2,225 4 18,550 1 ,546 29,700 2,475 5 20,050 1 ,671 32,050 2,671 6 21 ,500 1 ,792 34,450 2,871 7 23,000 1 ,91 7 36,800 3,067 8 24,500 2,042 39,200 3,267 CDBG guidelines include all sources of income in the determination of Adjusted Gross Income except the following: a. Income from empioyment of children; b. Payments received for the care of foster children; c. Amounts specifically excluded by any Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under the 1 937 Act; d. Casual, sporadic, or irregular gifts; e. Amounts that are specifically for or in reimbursement of the cost of inedical zxpenses; `. Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensationl, capital gains and settlement for personal or property losses; and g. Amounts of education scholarships paid directly to the student or to the education institution, and amounts paid by the government to veteran, for use in meeting the costs of tuition, fiees, books and equipment. 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R n � �w `� 7 � � � (A �: -Yr =y* =� � =.�-r �r" � V � �v �v ti; � - - � � � = � `; �v � � � (i � r.; � � ,vv � � _� �, ~ w -i D � � V +�; ;�; .:� O � � � � w z Z � � p � v� � l�, �O �: rv O - � CC � � , _ � , v O O .^ O .� , u v `; w ^ r'.��' � > r • EXHIBIT "D" � MONTHLY REPORT FOR USE OF CITY OF REDDING CDBG FUNDS PROVIDER: PROGRAM: Contact Person/Title: Phone: Accounting period for this Report: through I. FiNANC1AL STATUS A. Total Program Sudget (all funds) g B. Total CDBG Funds Allocated for Operation of this Program: S C. Total Gross Expenditures this accounting period (all funds): $ D. Total gross expenditures year-to-date (all funds) , S E. Total CDBG funds committed this accounting period: S F. Total CDBG funds committed in previous accounting periods: $ G. Total CDBG funds committed year-to-date (E + F): S H. CDBG funds received year-to-date: S I. CDBG funds due at end of this accounting period (G - H): S II. SERVICE LEVELS (Year-To-Oate) Total # Households Totai � of q, Total k Total # Households that are COR Househoids that Total � Households Very Low-Income Residents are COR Residents Househoids at Low-Income Level Served-to-Date at Low-Income Served-To-Oate Level Level B. Race of Head Of HOu52I101d: (All Households Servedl Native American Asian WfIILB (Non-Hispanic Origin) BIBCIC (Non-Hispanic Origin! Hispanic C. # Female Head of Household IF THIS IS A HOUSING RELATED ACTIVITY, PLEASE PROVIDE THE FOLLOWING: D. ll Eldefly Households (Elderly = A househo�d where at leasi one member is over 60 vears oldl E. � Disabled Households F. � Smail Families lt -a� G. �# Large Families �5 + �e�sonsl II hereby certify the above to be true and correct, to the best of my knowledge. I Signature Date Typed or?rinted Name � Title C:\CDBG\EXHIBIT.D � • EXHIBIT "E" ANTI-LOBBYING CERTIFiCATION The undersigned certifies, to the best of his or her knowledge and belief, that: 1 . No Federal appropriated funds have been paid or wiil be paid, by or on behalf of the undersigned, to any person for infiuencing or attempting to influence an officer or empioyee of any agency, a Member of Congress, an o#ficer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federaf loan, the entering into of any cooperative agreement, and the extension, continuation, renewai, amendment, or modification of any Federaf contract, grant, loan, or cooperative agreement. 2. if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an empioyee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shali complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers {including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 , U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and not more than S 100,000 for each such failure. n � DATE: �-- ���� SIGNATURE: �� �ZC�, ., �-1,' - PROJ\CDBG\EXH.E . . , � , � � EXHIBIT "F" INSURANCE REQUIREMENTS FOR PROVIDERS PROVIDER shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the PROVIDER, his agents, representatives, and employees. Minimum Scoae of insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001�. 2. Insurance Services Office from number CA 000� (Ed. �/87) covering Automobile Liability, owned, non-owned and hired. 3. Workers' Compensation insurance as required by the State of California and Employers' Liability insurance, including a waiver of subrogation against the CITY, its officers, officials, empioyees, agents and volunteers. Minimum Limits of insurance PROVIDER shall maintain limits no less than: 1. Generai Liability: S1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, the general aggregate limit shal� be twice the required occurrence limit. 2. Automobile Liability: S1,000,000 per accident for bodily injury and property damage. 3. Employers' Liability: S1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the PROVIDER shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense ex�enses. � - � i � INSURANCE REQUIREMENTS FOR PROVIDERS �age 2 Other lnsurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the foilowing provisions: �. The CITY, its officers, officials, �mployees, agents and volunteers are to be covered as insureds as respects: liability arising out of work performed by or on behaif of the PROVIDER; �roducts and completed operations of the PROVIDER; premises owned, occupied or used by the PROVIDER; or automobiles owned, leased, hired or borrowed by the PROVIDER. The coverage shail contain no special limitations of the scope of protection afforded to the CITY, its officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the PROVIDER'S insurance coverage shali be primary insurance as respects the CITY, its officers, officials, employees, agents or volunteers. Any insurance or self- insurance maintained by the C1TY, its officers, officials, employees, agents or volunteer5 shall be excess of the PROVIDER'S insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after thirty (30) days prior written notice has been given to the entity. Acceatabilitv of insurance Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-:VII. Verification of Coveraqe PROVIDER shall furnish the CITY with certificates of insurance and original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the CITY before work commences.