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HomeMy WebLinkAboutReso 97-174 - Approving the Agreement between the COR and the Retired and Senior Volunteer Program & Authorize the CM to Sign same � � , RESOLUTION NO. 97- �7� A RESOLUTION OF TAE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND THE RETIRED AND SENIOR VOLUNTEER PROGRAM,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 hereby approves the Agreement between the City of Redding and the Retired and Senior Volunteer Program to provide adult basic literacy services to the community. 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 7th day of October 1997, and was duly adopted at said meeting by the following vote: AYES: COUNCILMEMBERS: R. Anderson, Kehoe, McGeorge and Murray NOES: COLTNCIL MEMBERS: None ABSENT: COLJNCIL MEMBERS: P• Anderson ABSTAIN: COLINCIL MEMBERS: None ' JYGztu�G�(�f• �at PATRICIA A. ANDERSON, Mayor ATTEST: City of Redding �� ' CONNIF, STROHMAYE , ity Clerk FORM APP -VED: � �� � \' -P��G�'f�tl�'r'������ W. LEONARD WIN�GA�E, City Attorney proj\cdbgUesos.cc � �./ �. � �� . . ...!r:t ... ..:�€���:.: ',.,'�.,,',.`. �:::+ E_.�.:. �::: '...` f.'� . � � � AGREEMENT BETWEEN CITY OF REDDING AND THE RETIRED AND SENIOR VOLUNTEER PROGRAM 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 Retired and Senior Volunteer Program, 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. 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 application dated August 26, 1997, 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 , 1997 through October 31 , 1998. I I I. 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 512,590.00, 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. - �..ti.:�{...�s:i - ,�c:•c:� ...�;..�.� c::� i...i.{ c:r .�. _..;.. _.• .:. ... ... •...�•...��...�•... �...� ... .�. ._ ... .: ..% . � � ' AGREEMENT FOR LITERACY PROGRAM WITH RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP) 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 wiil 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. _..,._. �_:t?::�.. c::' ,�t:::;i:::' a"� .( �' • F •; t:r��� «.� •..'t...�•...� •.,.'�...��...+�...� �..J�...�.L �...� �..1 .:. �._`i.. AGREEMENT WITH THE�TIRED AND SENIOR VOLUNTEER P�GRAM , FOR LITERACY PROGRAM 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 statistical records of all its activities, which shall include, 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 non- financial 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. ;.# _ ; t:.. , �.•...._� r... ....,...,i:;.r.:� � �..�' •. ..., .. . _. .. ... . � .,. .� ... ._ ."�F'.:-'.I,E.;;� — •.,. .... .s. •... . AGREEMENT WITH THE�TIRED AND SENIOR VOLUNTEER P�GRAM , FOR LITERACY PROGRAM Page 4 XI. INSURANCE PROVISIONS. PROVIDER shall comply with CITY insurance requirements as detailed in Exhibit "F." XII. LEGAL COMPLIANCES. PROVIDER shall at all times during the term of this Agreement comply with all legai requirements, including any applicable Federal, State or City regulations, and shail 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, particularly 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-110, 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, Title I of the Housing and Community Development Act of 1974 or �.:,�:.��, ��:� ;��:,:::�,:_., ,_. ... . :.. ��..::..��:..+ . , ,".� 1. ._� i...f :s. .::�,::�, _.,_...�.... �... �...i t_.. . . ' AGREEMENT WITH THE�TIRED AND SENIOR VOLUNTEER P�GRAM , FOR LITERACY PROGRAM 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 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 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. X Vlll. NO TICES .. _..,_.,�:.,�,. . t ... .. _. .. .� �... .. �::,�:::�t �`::� ..-,,-,...._...._ �..._�:..�.i :::' =..?.a. :::�..::� AGREEMENT WITH THE�TIRED AND SENIOR VOLUNTEER P�RAM FOR LITERACY PROGRAM Page 6 Ali 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 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 Retired and Senior Volunteer Program Housing Division 1670 Market Street, Suite 300 760 Parkview Avenue Redding, California 96001 Redding, California 96001 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 RETIRED AND SENIOR VOLUNTEER PROGRAM FORM APPR ED: ' ��C� By � ! i � Executive Director ,/,��`C<<•��� ` W. LEONARD WING T , City Attorney � --� By �J .i���—�--��- Governing Offi ia ,., �r.r, •:�t:r•c•:• •-E•; c:: : c:.. .. _..�_ :••. • . �! i F•...� ;..��...� � °...5 �.�.f. •...��.,.' .��;�...'},.��... ... ... ... -�. , . • � EXHIBIT "A" Scope of Work The Scope of Work under this Activity shall assist provision of adult basic literacy services to the community. The program anticipates serving 100 Adult Basic Literacy learners. Volunteers are trained in a variety of teaching methods to teach the learners. At least 70% of the individuals who seek assistance with literacy problems are very low- and low-income. Over one-third are unemployed. Those individuals who are employed state they cannot seek job advancement because of lack of reading skills. The majority are unable to read to their children, complete a job application, understand written materials used on the job or handle their own financial affairs. The general objectives of this program are: 1 . The expansion and improvement of the quantity and quality of community services and amenities that are essential for sound community development, and the development of a viable urban community. 2. The increased provision of increased economic opportunities for low- and moderate-income persons. Provisions and Services Provider will be responsible for the following: 1 . Recruitment and training of all staff necessary to carry out the activity. 2. Submission of monthly reports to the City, which indicate the service level of the activity. 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. .. ... ;.:. :.:,...::�:���:� � �::� � �::��-:: '..�'...e� 1, t ..��..�•...s•...F �,��,,,) , . ! � � . !( � • EXHIBIT "B" CDBG Income Guidelines: IyMI"��comn��� Q������� �n�c�c��r�� M���9 �o� �co��wr G��amr�o��� �o�� ����P IMiv co�o���i ����r �NAI��o��r� 1 12,650 1,054 20,200 1 ,683 2 14,450 1,204 23,100 1 ,925 3 16,250 1,354 26,000 2,167 4 18,050 1,504 28,900 2,408 5 19,500 1,625 31 ,200 2,600 6 20,950 1,746 33,500 2,792 7 22,400 1 ,867 35,800 2,983 8 23,850 1,988 38,100 3,175 CDBG guidelines include all sources of income in the determination of Adjusted Gross Income except the following: a. Income from employment 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 1937 Act; d. Casual, sporadic, or irregular gifts; e. Amounts that are specifically for or in reimbursement of the cost of inedical expenses; f. Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), 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, fees, books and equipment. PROJ\CDBG\EXH.697 �- ,•�;������: -•,••:,t::.,:.. -�, .� �::� .; K:.,..., . ;-:{�::: ... .._� ..:��.�,•...�...s '....�:-i.l ....� �:.:i .._�,-�� � 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. FINANCIAL STATUS A. Total Program Budget (all funds) S B. Total CDBG Funds Allocated for Operation of this Program: $ C. Total Gross Expenditures this accounting period (all funds): S 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: S G. Total CDBG funds committed year-to-date (E + F): $ H. CDBG funds received year-to-date: S I. CDBG funds due at end of this accounting period (G - H): $ 11. SERVICE LEVELS (Year-To-Date) Total # Househoids Total # of q, Total # Total # Households that are COR Households that Total # Households Very Low-Income Residents are COR Residents Households at Low-Income Level Served-to-Date at Low-Income Served-To-Date Level Level B. Race of Head of Household: ca,n Housenoids se�vedl Native American Asian Whlte (Non-Hispanic Origin) BIBCk tNon-Hispanic Origin) Hispanic C. # Female Head of Household IF THIS IS A HOUSING RELATED ACTIVITY, PLEASE PROVIDE THE FOLLOWING: D. # Elderly Households IEide�iy = a no�senoid where at least one member is over 60 years old) E. # Disabled Households F. # Small Families lt -a) G. # Large Families (5 + Personsl I hereby certify the above to be true and correct, to the best of my knowledge. Signature Date Typed or Printed Name Title C:\CDBG\EXHIBIT.D �_;��;;�'..rf7• `�'�M1�C7�i::t p"i�"�•� !:_� •S F:7�:..:} • � • 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 will be paid, by or on behalf of the undersigned, 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 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 Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal 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 employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall 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. DATE: SIGNATURE: PROJ\CDBG\EXH.E '�.I�...e F:P ...,,....a!1:('1::. ..3 ,� _.. .. ...��...' �...�� � � �4 � � . t..�;��i ....�i...if...�•,,,i .,;e.`:. ._ .a ... ... ._ ... ` • i ^ 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 0001 (Ed. 1/87) 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, employees, agents and volunteers. Minimum Limits of Insurance PROVIDER shall maintain limits no less than: 1. General Liability: S1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial Ceneral Liability insurance or other form with a general aggregate limit is used, the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: S1,000,000 per accident for bodily injury and property damage. 3. Employers' Liability: 51,000,000 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 expenses. ..��^:�f••��••f �'�.=:��:.:;G:,f i'��1..�.E i::� �...�.'. �..=i. `, � � � INSURANCE REQUIREMENTS FOR PROVIDERS Page 2 Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The CITY, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of work performed by or on behalf of the PROVIDER; products 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 shall 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 shall be primary insurance as respects the CITY, its officers, officials, employees, agents or volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees, agents or volunteers 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. Acceptabilitv 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 Coverage 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. ;�9"'{L::' ��L::'L'::' •f i::: " .. _..�. �"s�"• ,'e.._�•...�•...� �..`�...l.� •...� �...� � i...,'; . ....��._�•...� � .. �...�z...