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HomeMy WebLinkAboutReso 98-111 - Approving Agreement between the COR and the Shasta County Women's Refuge for Housing & Counseling Serv & Authorizing the CM to Sign Same , . , � /i� � RESOLUTION NO.�d' II/ A I2ESOLUTIaN OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND THE SHASTA COUNTY WOMEN'S REFUGE FOR HOUSING AND COUNSELING SERVICES,AND AUTHORIZING THE CITY MANAGER TO SIGN SAME. BE IT RESOL i�ED by the City Council of the City of Redding as fol(ows: L The City Council of the City of Redding hereby approves the Agreement between the City of Redding and the Shasta County Women's Refuge providing for protection and counseling for victims of spousal, sexual and child abuse for the poor and disadvantaged citizens of the City of 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 afaresaid documents,when appropriate. 3. A true copy of the Agreement referred to herein is attached I�ereto and made a part hereof. I HEREBY CERTIFY that the foregoing resolution was introduced and read at a special meeting of the City Council of the City of Redding on the 4th day of August 1998, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Cibula, Kight, McGeorge and Kehoe NOES: COUNCIL MEMBERS: None ABSENT: COLJNCIL MEMBERS: Anderson ABSTAIN: COUNCIL MEMBERS: None AVID A. OE, Mayor ATTEST: City of R ding CONNIE STRO MAYER, Ci lerk FORM APPROVED: / �� ,!� ,� � y � ,a' �/'z��s '��z✓`�c \� W. LEONARD WINGAT , City Attorney p� proj\cdbg�resos.cc ` \ : • - � � � AGREEMENT BETWEEN CITY OF REDDING AND SHASTA COUNTY WOMEN'S REFUGE FOR USE OF CDBG FUNDS 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 SHASTA COUNTY WOMEN'S REFUGE, a California nonprofit corporation, hereinafter called "PROVIDER." RECITALS WHEREAS, the CITY has allocated Community Development Block Grant (CDBG) funds to PROVIDER for the specific purposes set forth herein; and WHEREAS, said funds are provided to the CITY through the Community Development Block Grant Program of the U.S. Department of Housing and Urban Development (HUD►; 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. PRO VlSIONS A ND SER VICES. � 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 9, 1998, and which is hereby incorporated by reference as if set forth in full. I I. TERM. The term of this Agreement shall be from November 1 , 1998 through October 31 , 1999. I II. AMOUNT AND USE OF FUNDS. 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 535,000.00, as identified in Exhibit "C," for services set forth in Exhibit "A." B. Any funds paid to PROVIDER shall 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 HOUSING SERVICES WITH THE WOMEN'S REFUGE 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 will be made in accordance with a schedule established 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. V I. REVERSION OF A SSETS. 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. Income 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 HOUSING SERVICES WITH THE WOMEN'S REFUGE Page 3 C. Program income earned shall 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. VIII. DOCUMENTS, REPORTS AND RECORDS. PROVIDER shall at all times maintain a complete and current set of financial and statisticai records of ali 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 reflect clearly the application and use of funds paid to it by the CITY. All such records shall be in a form satisfactory to the CITY and shall be subject to inspection or audit by CITY 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 shall 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. INDEPENDENT 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 employee 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, attorney'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 claims, 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 borne by each party in proportion to its own negligence. . ' � • AGREEMENT FOR HOUSING SERVICES WITH THE WOMEN'S REFUGE Page 4 XI. INSURANCE PROVISIONS. 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 comply with all legal requirements, including any applicable Federal, State or City regulations, and shall secure at its full cost and expense any and all permits, applications or other requirements in connection therewith. XIII. UNIFORM ADMINISTRATIVE REQUIREMENTS A. PROVIDER shall comply with the requirements of Title 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, particularfy persons who are recipients of HUD assistance for housing. B. PROVIDER shall comply with the requirements and standards of OMB Circular No. A-122, A-1 10, and A-21, including all stated restrictions on the use of appropriated 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 shall 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 FOR HOUSING SERVICES WITH THE WOMEN'S REFUGE Page 5 Agreement, Title I of the Housing and Community Development Act of 1974 or 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 shall 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 shall 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. XIV. DISCRIMINA TION Except as provided in section 12940 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 disGbility, 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. X V I. MOD1FlCA 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 writing 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 - ` � � � AGREEMENT FOR HOUSING SERVICES WITH THE WOMEN'S REFUGE Page 6 Office for delivery by registered or certified mail, addressed to the parties at the following addresses, unless such addresses are changed by notice, in writing, to the other party. City of Redding Shasta County Women's Refuge Housing Division P. 0. Box 994211 760 Parkview Avenue Redding, California 96099-421 1 P.O. Box 496071 Redding, California 96049-6071 XIV. 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, oral 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: By MICHAEL WARREN, City Manager CONNIE STROHMAYER, City Clerk SHASTA COUNTY WOMEN'S REFUGE FORM APPROVED: By Executive Director W. LEONARD WINGATE, City Attorney By Board President : �� �: . - • ! EXHIBIT "A" Scope of Work The Scope of Work under this Activity shall consist of the provision of continued operation of a 24-hour emergency shelter, Peterson House, for victims of domestic violence and sexual assault. Community Development Block Grant funds shall be used for personnel costs associated with the provision of the following services offered by the Shasta County Women's RefugelSCWR), including, but not limited to, the following: 1 . A twenty-four-hour crisis hotline. 2. Crisis counseling: individual and group. 3. A business center accessible to walk-in clients. 4. Community Education and Outreach office that includes a lending library for public use. 5. Emergency shelter available 365 days per year. 6. Emergency food and clothing. 7. Emergency response to calls from law enforcement. 8. Hospital emergency room assistance. 9. Emergency transportation. 10. Counseling for children and teens. 1 1 . Criminal/Family Court and Social Service advocacy. 12. Legal assistance with protective and child custody orders. 13. Community resource and referral information. 14. Household establishment assistance. 15. Transitional housing/self-sufficiency program. 16. Client education through the Personal Empowerment Program. The mission of SCWR is to help end domestic violence and sexual assault in Shasta County. SCWR staff and volunteers are committed to providing victims of domestic violence and sexual assault with the resources needed for safety, healing and prevention of further victimization, and to working within the community promoting and participating in intervention, education, and advocacy to prevent family and sexual abuse. SCWR's mission will only be accomplished when society no longer tolerates domestic vioience and sexual assault. During the grant year 1997-98, SCWR will shelter a minimum of 350 women and children in Peterson House. Provisions and Services Provider will be responsible for the following: 1 . Recruitment and training of all staff, both paid and volunteer, necessary to carry out the activity 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.