HomeMy WebLinkAboutReso 96-155 - Approve agreement between the COR & the Shasta Homeless Shelter Coalition for the Winter Armory Emergency Shelter, & Authorize the CM to Sign Same � f
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RESOGUTION NO. y�-/55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND THE
SHASTA HOMELESS SHELTER COALITION FOR THE WINTER ARMORY
EMERGENCY SHELTER,AND AUTHORIZING THE CITY MANAGER TO SIGN
SAME.
BE IT RESOL i�ED 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 Homeless Shefter Coalition providing for a seasonal shelter and transitional center
for the 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 aforesaid
documents, when appropriate.
3. A true copy of the 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 20th day of August 1996, and was duly adopted at said �
meeting by the following vote:
AYES: COLINCIL MEMBERS: P. Anderson, R. Anderson, Kehoe, Murray and McGeorge
NOES: COLJNCIL MEMBERS: Tdone
ABSENT: COLJNCIL MEMBERS: None
ABSTAIN: COLJNCIL MEMBERS: None
DAVID L OR ayor
ATTEST: City of Redding
CONNIE STROHMAYER, ty Clerk
FORM APPROVED: ��
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W. LEONARD WINGA , City Attorney �
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AGREEMENT BETWEEN CITY OF REDDING AND
SHASTA HOMELESS SHELTER COALITION
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 HOMELESS SHELTER COALITION, hereinafter called "PROVIDER"; and
RECITALS
WHEREAS, the CITY has ailocated 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 (HUD1; 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 March 1 , 1996,
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 , 1996 through April 30,
1997.
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 $25,000.00, 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
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AGREEMENT WITH SHASTA HOMELESS SHELTER COALITION Page 2
identified in Exhibit "B," or such other guidelines as may be recommended by
PROVIDER and accepted by the CITY.
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.
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. 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.
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AGREEMENT WITH SHASTA HOMELESS SHELTER COALITION Page 3
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.
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 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 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 clai:ms,_:losses, :d,amages, .. ..-..-..:.
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AGREEMENT WITH SHASTA HOMELESS SHELTER COALITION Page 4
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.
XI. INSURANCE PROVISIONS.
PROVIDER shall 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 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. _. ., , ..,
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AGREEMENT WITH SHASTA HOMELESS SHELTER COALITION Page 5
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 HUD regulations with respect thereto; provided, however, that reasonable
fees or bona fide technicai, 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 emptoyees 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. MODIFICATION
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.
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AGREEMENT WITH SHASTA HOMELESS SHELTER COALITION Page 6
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
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 following addresses, unless such addresses are changed by
notice, in writing, to the other party.
City of Redding Shasta Homeless Shelter Coalition
Housing Division P. O. Box 1570
760 Parkview Avenue Redding, California 96099-1570
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
SHASTA HOMELESS SHELTER COALITION
FORM APPROVED:
By
Board President
W. LEONARD WINGATE, City Attorney
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EXHIBIT "A"
Scope of Work
The Scope of Work under this Activity shall consist of the provision of a seasonal shelter
and transitional center for homeless individuals and families during the winter months,
typically November 1 , 1996, through April 30, 1997.
Community Development Block Grant funds will be utilized for personnel costs relating to
staff operating the shelter. Homeless individuals will be provided shelter during the winter
months and on rainy days and receive on-site counseling and referrals to resources
helping people to stabilize their lives.
Shasta Homeless Shelter Coalition anticipates providing 7,500 nights to approximately
760 individuals during the contract period.
Provisions and Services
Provider will be responsible for the following:
1 . Recruitment and training of staff to supervise the shelter activities.
2. Cooperation and coordination with other community service providers to provide
food, clean clothing, baths, medical assistance, and counseling and shelter to the
Activity's participants.
3. Seek out and apply for all sources of funding currently available to be used to
supplement CDBG funds in the operation of the shelter.
4. Submission of monthly reports to the City, which indicate the service level of the
activity. The City will provide the necessary forms.
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EXHIBIT ..B'.
CDBG Income Guidelines:
Maximum Annual Income
Very Low �ow
Family Size Year Month Year Month
1 12,200 1,017 19,500 1,625 �
. 2 13,900 1,158 22,250 1,854
3 15,650 1,304 25,050 2,088
4 17,400 1,450 27,850 2,321
5 18,800 1,567 30,050 2,504
6 20,200 1,683 32,300 2,692
7 21,600 1,800 34,500 2,875
8 22,950 1,913 36,750 3,063
CDBG guidelines include all sources of income in the determination of Adjusted Gross
Income except the following: '
a. Income from employment of children;
b. Payment 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, fo�use in mesting the
costs of tuition, fees, books and equipment.
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� � EXHIBIT "D" •
MONTHLY REPORT FOR USE OF '
CITY OF REDDING CDBG FUNDS
NAME OF PROVIDER: PROGRAM:
Contact Person/Title: Phone:
Accounting Period for this Report: through
I. FiNANCIAL STATUS
A. Total Program Budget (all funds) $
B. Total CDBG Funds Aliocated for Operation of this Program: . g
C. Total gross expenditures this accounting period (ail funds): g
D. Total gross expenditures year to date (all fundsl g
E. Total CDBG funds committed this accounting period: g
F. Total CDBG funds committed in previous accounting periods: g
G. Total CDBG funds committed year to date (E + F): g
H. CDBG funds received year to date: $
I. CDBG funds due at end of this accounting period (G - H): $
II. SERVICE LEVELS (Year-To-Date) �
A. .
Total # Total # Households
Total # Total # Total # Households that are COR
Househblds Households Househoids that are COR Residents
Served To Date at Low-Income Very Low-Income Residents at Low-Income
Level Level Served to Date Level
B. Race of Head of Household: (All Households Served) Native American Asian
White (Non-Hispanic Origin) Black (Non-Hispanic Origin) Hispanic
C. # Femaie Head of Household
IF THIS IS A HOUSING RELATED ACTIVITY, PLEASE PROVIDE THE FOLLOWING:
D. # Elde�ly HOUS2hOIdS (Elderly = A household where at least one member is over 60 years old)
E. # Disabled Households
F. # Smail Families (1 -4) - .
G. # Large Families (s+ Persons) �
I hereby certify the above to be true and correct, to the best of my knowledge.
(Signaturel (Datel
(Typed or Printed Name) � . ... ; ; :.. :.
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PROJ\CDBG\EXH-D.94
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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�mployee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Cong�ess 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 coope�ative 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 inftuence 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 Federai 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 510,000 and not more than 5100,000 for
each such failure.
DATE: SIGNATURE:
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' , • EXHIBIT "F"
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INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor 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
Contractor, his agents, representatives, and employees.
Minimum ScQpe of Insuranca
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001) .
2. Insurance Services Office f�rm number CA 0001 (Ed.1/87) covering
Automobile Liability, owried, 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 of Redding, its officers, officials, employees, agents
and volunteers.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1, 000,000 per occurrence for bodily injury,
personal injuzy 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: $1, 000, 000 per accident for bodily injury and
property damage.
3 . Employer's Liability: $1, 000, 00� per accident for bodily injury or
disease.
DedLctib?es �nd 3elf-Iasured 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 Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claims
administration and defense expenses.
INSURANC. OIC 08-08-96
, Insurance Requirements fo� .
Contractors
Other Insuranca 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 Contractor; products and
completed operations of the Contractor; premises owned, occupied or
used by the Contractor; or automobiles owned, leased, hired or borrowed
by the Contractor. 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 Contractor's insurance
coverage shall be primary' insurance as respects the City, its officers,
officials, employees, agents and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials,
employees, agents ar volunteers shall be excess of the Contractor'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 cancelled except after thirty (30)
days prior written notice has been given to the entity.
Accefltabilitv of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A- :VII.
Verification of Coverace
Contractor shall furnish the City with certificates of insurance and origiaai
endorsemeats 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.
INSURANC. OIC 08-OS-96