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HomeMy WebLinkAboutReso 95-192 - Approve agreement between the COR & People of Progress for Publication of a Survival Guile, & Authorize CM to sign same . . � • � RESOLUTION NO. �S��Z` A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND THE PEOPLE OF PROGRESS FOR THE PUBLICATION OF A SURVNAL GUIDE, 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 Habitat for Humanity Shasta County providing a single-family unit to be sold to low- income 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. I HEREBY CERTIFY that the foregoing resolution was introduced and read at a regular meeting of the Ciry Council of the City of Redding on the 15th day of August, 1995, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: P• Anderson, R. Anderson, McGeorge, Murray and Kehoe NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None � AVID A. OE, Mayor ATTEST': City of ding �� , CONNIE ST'ROYMAYER, ty lerk V FORM APPROVED: � �� r�r,��,�r� ��.���� �. , . �. \� W. LEONJARD WINGATE, City Attorney �j proj\cdbg\resos.cc � � AGREEMENT BETWEEN CITY OF REDDING AND PEOPLE OF PROGRESS 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 PEOPLE OF PROGRESS, a California non-profit corporation, hereinafter called "PROVIDER;" and 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 March 24, 1993, and which is hereby incorporated by reference as if set forth in full. II. _T_EEdll. The term of this Agreement shall be from September 1 , 1994 through August 31 , 1995. III. AMOUNT AN� 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 53,000.00, 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." : � i • AGREEMENT WITH PEOPLE OF PROGRESS Page 2 C. Funds paid hereunder shall be expended for the benefit of City of Redding residents, i.e., persons living within the corporate limits of the CITY. D. PROVIDER shall render s�srvices 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. IV. APP�IRTIONMENT nF F(INQ�. 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 �nrill be made in accordance with a schedule established by the Finance Director of the City of Redding. Exhibit "D" is to be used by PROVIDER as a request i�or reimbursement. V. �RMINA TION. If PROVIDER breaches the provisions of this Agreement for any reason other than the occurrence of circumstances over which it can exercise no effective control and such violation shall not be cured ��r remedied within thirty (30) days after written notice thereof by CITY, in addition to any other remedies provided for herein, CITY shall have the right to terminate� this Agreement by written notice duly served upon PROVIDER. Furthermore, if CITY determines PROVIDER is unable to fulfill the obligations as set forth in this Agreement, CITY shall have the right to terminate this Agreement by written notice. PROVIDER may terminate Agreement at any time subject to PROVIDER first complying with any and all of its provisions to that point and upon PROVIDER serving thirty (30) days written notice to CITY of intent to terminate services. V(. RFVERSION nF ASS�. Upon expiration of this Agreement, PROVIDER shall transfer to City of Redding any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. VII. PRnrRAM lNC'OME, 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: • � � AGREEMENT WITH PEOPLE OF PROGRESS Page 3 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; and 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. If the Agreement is terminated those funds shall revert to CITY. VIII. �OC(/MENT�,�ORTS AND RF�.ORD�. 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/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. : � a • AGREEMENT WITH PEOPLE OF PROGRESS Page 4 IX. HOLD HARMLESS �LA(/SE. 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. PROVIDER shall hold the CITY, its officers, boards and commissions, and members thereof, its employees and agents harmless of and free from any and all liabilities which might arise out of or are related to the acts or omissions of the PROVIDER in any way relating to the subject matter of this Agreement. X. INSI/RA NCE PRO VlSInNS, PROVIDER shall obtain comprehensive general liability insurance naming the CITY, its officers, agents and employees as additional insured in the amount of 51 ,000,000 combined single limits. A policy of workers compensation insurance meeting California statutory requirements shall be obtained. A certificate of insurance evidencing such comprehensive general liability insurance and workers compensation insurance shall be furnished to the CITY guaranteeing CITY 10 days notice of cancellation or reduction in coverage in a form approved by the CITY Risk Manager. PROVIDER shall obtain insurance coverage as primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of your insurance and shall not contribute with it. XI. l EC;AL C'OMPLIANC'ES, 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. X I I. CONTRnL OF CITV, CITY shall retain ultimate control over matters involving the exercise of judgement and discretion in carrying out the intended program provided for by CDBG funds. XIII. (/N/FnRM A�MINISTRATIVE 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. � . � • AGREEMENT WITH PEOPLE OF PROGRESS Page 5 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 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. • � � • AGREEMENT WITH PEOPLE OF PROGRESS Page 6 I. Except as provided in section 12940 et seq. of the Government Code, PROVtDER shall not discriminate against any person because of his/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. CITY OF REDDING ATTEST: By MICHAEL WARREN, City Manager CONNIE STROHMAYER, City Clerk PEOPLE OF PROGRESS FORM APPROVED: BY— '�%��L�/ o ��F,�z � T �/I c-i Executive Director W. LEONARD WINGATE, City Attorney By Ch irm n of t e Bo r - . � • EXHIBIT "A" Scope of Work The Scope of Work under this Activity shall consist of the provision of a survival guide to residents in the City of Redding who need information on what services are available to them and how to utilize those resources in the most efficient manner. Community Development Block Grant funds shall be utilized for the printing costs associated with the development of the survival guide. This assistance shall assist People of Progress in generating the necessary information to low-income residents throughout the community. Approximately 15,000 at-risk families shall receive this publication during the contract period. The Family Survival Guide shall include shopping, cooking, nutrition tips; listings of agencies and their services; landlord-tenant relationship guidelines; health and medical services; financial counseling services; general tips on frugal living; inexpensive and nontoxic cleaning products, etc. The goal of People of Progress is to arm families with this information, so they can make better decisions about how to use their limited resources. Pro visions and Services Provider will be responsible for the following: 1 . Printing of the Family Survival Guide. 2. Submission of monthly reports to the City outlining service levels broken down by various categories specified by the City. The necessary forms will be provided by the City. 3. Provider will seek out and apply for all sources of funding currently available to be used to supplement CDBG funds in the continued provision of the guide. • � � EXHIBIT "B" � CDBG Income Guidelines: �Ufl��simum �nn��l Oncom� Very (Low �ow ��mily �iYe �(�ar alllonth ���r �1Aonth 1 11,950 996 19,150 1,596 2 13,700 1,142 21,900 1,825 3 15,400 1,283 24,600 2,050 4 17,100 1,425 27,350 2,279 5 18,450 1,538 29,550 2,463 6 19,850 1,654 31,750 2,646 7 21,200 1,767 33,950 2,829 8 22,550 1,879 36,100 3,008 CDBG guidelines include all sources of income in the determination of Adjusted Gross Income except for 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, for use in meeting the costs of tuition, fees, books and equipment. D:\CD\EXH.B ATTACtiMENT "A" ` �- . COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET REQUEST . • (Please Type) � Name of Ac�ency: PEOPLE OF PROGRESS Program Title: SURVIVAL GUIDE Date Submitted: March 24, 1993 FUNDING YEAR 711/93 - 6130194 SECTION I BUDGET SUMMARY PROGRAM YEAR CATE- GORY COST A' MO TOTAL PROGRAM GTY FUNDS COUNTY FUNDS OTHER FUNDS 1.1 Personnel (Salaries & Wagesl /� �c �'O /� 5 t�( i 1.2 Frinqe Benetits ' TOTAL PERSONNEL COSTS � 7 � "� ' 2.1 Non Personnel (Travel) r� > � 2.2 Space Cosi Hent�l a r 2.3 Consumable Supplies � 2.4 Equipment (Rental, Purchase, t easP) -�-�?�) -SZ �;� 2.5 Consultan� Service �5 �)`'= j. --, ) C � 2.6 Contract Service 2.7 Olher Costs ��'i,�;;i/��� . �,v�? 5, ry_� Req ested � TOTAL NON PERSONNEL COSTS •��q�; , 5 ��i TOTAL COSTS CDBG FUNDS C�./ 'y ) OTFiER FUNDS TOTALFUNOS $3,000 approved ' � , � � EXHIBIT "D" � MONTHLY REPORT FOR USE OF CITY OF REDDING CDBG FUNDS NAME OF PROVIDER: PROGRAM: Contact PersonlTitle: 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: S 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 p�evious accounting periods: S G. Total CDBG funds committed year to date (E + F): S H. CDBG funds received yea� to date: S I. CDBG funds due at end of this accounting period (G - H): S II. SERVICE LEVELS (Year-To-Date) A• Total � Total � Total ;� Tota1 A� Total # Households Households Households Households Households that are COR that are COR Served To Date at Low-Income Very Low-Income Residents Residents Level Level Served to Date at Low-Income Level B. Race of Head of Household: (All Households Served) Native American Asian White (Non-Hispanic Origin) Black (Non-Hispanic Origin) Hispanic C. # Female Head of Household IF THIS IS A HOUSING RELATED ACTIVITY, PLEASE PROVIDE THE FOLLOWING: �. # EIdBfI�/ HOUSAF10IdS (Elderly = A household where at least one member is over 60 years old) E. # Disabled Househotds F. # Small Families (i -a� G. # Large Families (s+ P«o�s� I hereby certify the above to be true and correct, to the best of my knowledge. (Signature) lDate) (Typed or Printed Name) (Title) D:\CD\EXH-D.93 , , � • EXHIBIT "E" � ANTI-LOBBYING CERTIFICATION The undersigned certifies, to the best of his or her knowledge and betief, 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 o� employee of any agency, a Member of Congress, an officer or employee of Congress, or an emptoyee 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 ag�eement, 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, grani, 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 requi�e 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: \CD\EXH.E * . � •. 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 o� 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 Fede�al 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 ihe language of this certification be included in the award documents for all subawards at all tiers (inctuding 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: ���i���i�— \CD\EXH.E