HomeMy WebLinkAboutReso 97-140 - Approving the Agreement between the COR & the Shasta County Women's Refuge for Housing & Counseling Services, and Authorize CM to sign same • ` � �
RESOLUTION NO.�?��6
A RESOLUTION 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 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 the Shasta County Womeil's Refuge providing for protection and counselii�g 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 tl�e City of Redding on the aforesaid
documents, when appropriate.
3. A true copy of tl�e Agreement referred to herein is attached hereto and made a part hereof.
IHEREBYCERTIFYthat the foregoing resolution was introduced and read at a regular meeting
of the City Council of the City of Redding on the 19th day of August 1997, and was duly adopted at said
meeting by the following vote:
AYES: COLJNCILMEMBERS: R. Anderson, Kehoe, McGeorge and Murray
NOES: COLJNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: P. Anderson
ABSTAIN: COUNCIL MEMBERS: None
���Q
PATR[CIA A. ANDERSON, Mayor
ATTEST: City of Redding
�
CONNIE STR�HMAYER ity Clerk
FORM APPROVED: \
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/� � .�.,.��� �
�.
�W. LEONARD WIN� TE, City Attorney �
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� � � � ! �
AGREEMENT BETWEEN CITY OF REDDING AND �' EC�'�/'��
SHASTA COUNTY WOMEN'S REFUGE �jj;� ^ 1 ����
FOR USE OF CDBG FUNDS
HOUSING
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. 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 February 24, 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.
III. 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. ... ,.. _
� � � � !� i
AGREEMENT FOR HOUSING SERVICES
WITH THE WOMEN'S REFUGE Page 2
I V. 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
statistical records of all its activities, which shail include, but shall not be limited to,
those specifically set forth below or otherwise mentioned herein, and which shail in
particular reffect 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 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. INDEPENDENT CONTRACTOR.
In providing its services, PROVIDER will act as an independent contractor and no officer
or empfoyee 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
X I. INSURA NCE PRO VlSIONS.
PROVIDER shail comply with CITY insurance requirements as detailed in Exhibit "F."
XII. LEGAL COMPLIANCES.
PROVIDER shail at all times during the term of this Agreement comply with all legal
requirements, including any applicable Federal, State or City regutations, 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, particularly
persons who are recipients of HUD assistance for housing.
B. PROVIDER shail 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
.. .. :.... ,
regulations with respect thereto; provided, however, that:-re:asonable;fees:::o,'r ���� �-.���� =�
� � �
AGREEMENT FOR HOUSING SERVICES
WITH THE WOMEN'S REFUGE Page 5
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 $2,000.00 when 25 percent or more of the
costs of such project are paid with Community Development Block Grant funds.
H. PROVIDER shall pay individuais 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 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.
X V. A SSIGNMENT
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. MODIFICATJON
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 T/CES
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
Office for delivery by registered or certified mail, addressed to the parties at the
� • �
AGREEMENT FOR HOUSING SERVICES
WITH THE WOMEN'S REFUGE Page 6
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 99421 1
760 Parkview Avenue Redding, California 96099-421 1
Redding, California 96001
XIV. ADDIT/ONAL PROVIS/ONS
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: gy
MICHAEL WARREN, City Manager
CONNIE STROHMAYER, City Clerk
SHAS,j�U��EN�RE��.C�2�G%U'Z
Cj�
FORM APPROVED: °�
By �.°�
xecutive Di ctor
W. LEONARD WINGATE, City Attorney /��� . �
gy '-��
Bo rd President
' . • EXHIBIT "A" •
Scope of Wo�k
The Scope of Work under this Activity shall consist of the provision of protection and
counseling services to battered women and children and sexual assault victims 14 years of
age and over.
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 Refuge,
including, but not limited to, the following:
1 . A twenty-four-hour crisis hotline (all programs).
2. Crisis counseling, both individual and group.
3. A business center accessible to walk-in clients.
4. An emergency shelter for victims and their children.
5. Emergency food and clothing.
6. Emergency response to calls from law enforcement.
7. Hospital emergency room protocol and assistance.
8. Emergency transportation.
9. Counseling for children.
10. Court and social service advocacy.
1 1 . Legal assistance with temporary restraining orders and child custody orders.
12. Community resource and referral assistance (all programs).
13. Household establishment assistance.
14. Community education (all programs).
15. Transitional housing / self-sufficiency program.
In addition, sexual assault victims 14 years old and over are offered the following:
1 . Follow-up counseling within 48 hours.
2. In person crisis counseling.
3. Accompaniment services when requested by victim.
4. Advocacy services when requested by victim.
5. Counseling with significant others when needed.
The mission of Women's Refuge is to help end domestic violence and sexual assault in
Shasta County. Shasta county Women's Refuge staff and volunteers are committed to
giving victims options that will improve their lives and give them the motivation to go
forward with their lives. Women's Refuge anticipates serving 158 low-income City of
Redding residents in the next year.
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 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.
• .
EXHIBIT "B"
CDBG Income Guidelines:
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�.� L P_._i�til )1��� ���c�� ������JC,�[u`�l �i�;��"� n1�.'::_)"�5s�}ll
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.
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� . � 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) g
B. Total CDBG Funds Allocated for Operation of this Program: g
C. Totai Gross Expenditures this accounting period (all funds): $
D. Total gross expenditures year-to-date (all funds) $
E. Totai CDBG funds committed this accounting period: $
F. Total CDBG funds committed in previous accounting periods: $
G. Total CDBG funds committed year-to-date (E + F): g
H. CDBG funds received year-to-date: g
I. CDBG funds due at end of this accounting period (G - H): g
II. SERVICE LEVELS (Year-To-Date)
Total # Households 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 Levei
B. Race of Head of Household: (AI�Househo�ds Servedl Native American Asian
Whlt2 (Non-Hispanic Origin� B12CIC (Non-Hispanic Origin) Hispanic
C. # Female Nead of Household
IF THIS IS A HOUSING RELATED ACTIVITY, PLEASE PROVIDE THE FOLLOWING:
D. # Elderly Households (Elderly = A household where at least one member is over 60 years oldl
E. /t Disabled Households
F. # Small Families (i -a1
G. # Large Families c5 + Persons)
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
. • � � •
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 Federai 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 Federai 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 - ... • ��•
. • � •
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 General 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: 51,000,000 per accident for bodily injury and
property damage.
3. Employers' Liability: S'I,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.
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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 shail be endorsed to state
that coverage shall not be canceled except after thirty (30) days prior
written notice has been given to the entity.
Acceatability 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 Coveraae
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.
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