HomeMy WebLinkAboutReso 95-175 - Approving agreement between the COR & The Shasta Senior Nutrition Programs, Inc for Emergency Food Assistance � . , � �
RESOLUTION NO. ��"( 7J
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND THE
SHASTA SEIVIOR NUTRITION PROGRAMS, INC., FOR EMERGENCY FOOD
ASSISTANCE,AND AUTHORIZING THE CITY MANAGER TO SIGN SAME.
BE IT RESOLVED by the City Council of the City of Redding as follows:
l. The City Council of the City of Redding hereby approves the Agreement between the City of Redding
and the Shasta Senior Nutrition Programs, Inc., providing for the purchase of food for the Emergency Food
Assistance Program 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 of�icial 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 HEREBYCERTIFYthat the foregoing resolution was introduced and read at a regular meeting of the
City Council of the City of Rerlding on the 1 st day of August, 1995,and was duly adopted at said meeting by the
following vote:
AYES: COUNCILMEMBERS: R. Anderson, McGeorge, Murray and Kehoe
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: P. Anderson
ABSTAIN: COUNCIL MEMBERS: None
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DAVID A. K OE,Mayor
ATTEST: City of ing
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CONTvIE STROH/P AYER,City Clerk
FORM APPROVED:
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W. LEONA INGATE,City Attorney ' �
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AGREEMENT BETWEEN CITY OF REDDING
AND SHASTA SENIOR NUTRITION PROGRAMS, INC.
FOR USE OF CDBG FUNDS
THIS AGREEMENT, made and entered into this dal�,y of , 19 , by
and between the CITY OF REDDING, a municipal corporation, hereinafter called "CITY" and
the SHASTA SENIOR NUTRITION PROGRAM, INC., a Califo',rnia non-profit corporation,
hereinafter called "PROVIDER;" and
RECITALS
WHEREAS, the CITY has allocated Community Develoipment Block Grant (CDBG)
funds to PROVIDER for the specific purposes set forth herein;iand
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. PRnV/S/nNS AN� SERV/C'ES.
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 2, 1995,
and which is hereby incorporated by reference as if setl forth in full.
I I. IEEdd. II
The term of this Agreement shall be from September 11�, 1995 through August 31 ,
1996.
(11. AMOL/NT AN� [/SE OF Ff/NDS,
Use of CITY's funds allocated hereunder to PROVID,ER shall be subject to the
following terms and conditions:
A. The CITY shall pay to the PROVIDER a sum not to exceed 57,500.00, as
identified in Exhibit "C," fo� services set forth in Exhibit "A."
B. Any funds paid to PROVIDER shall be used solely for the purposes set forth in
Exhibit "A."
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AGREEMENT WITH SHASTA SENIOR NUTRITION PROGRAM
FOR EMERGENCY FOOD ASSISTANCE Page 2
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 lunder CDBG guidelines, as
identified in Exhibit "B," or such other guidelines a;s may be recommended by
PROVIDER and accepted by the CITY. � �
IV. APPORT/ONMENT 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 Director of the City of Redding. E�xhibit "D" is to be used by
PROVIDER as a request for reimbursement.
V. TERM/N/a T/ON.
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 or remedied within thirty (30) days after written notice
thereof by CITY, in addition to any other remedies pro;vided for herein, CITY shall
have the right to terminate this Agreement by written notice duly served upon
PROVIDER. Furthermore, if CITY determines PROVI,DER is unable to fulfill the
obligations as set forth in this Agreement, CITY shall hav;e the right to terminate this
Agreement by written notice. PROVIDER may termin;ate 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(. REVERS/ON �F A S SETS,
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Upon expiration of this Agreement, PROVIDER shall tranl sfer 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. PRC)(;RAM /NCOME_
A. "Program Income" means amounts received by PR�OVIDER generated from the
use of funds under the terms of this Agreement. It includes, but is not limited
to, the following:
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AGREEMENT WITH SHASTA SENIOR NUTRITION PROGRAM�
FOR EMERGENCY FOOD ASSISTANCE Page 3
1. Proceeds from the disposition by sale or long,term lease of real properry
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 eamed on program income pending disp',osition 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 eamed 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 pr,'ogram 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. DOC'[/MENTS, REPnRT.S AN� REC'nRD4.
PROVIDER shall at all times maintain a complete and jcurrent 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 C��ITY 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 audi;t 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.
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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 mi nthly reporting form.
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AGREE(VIENT WITH SHASTA SENIOR NUTRITION PROGRAM
FOR EMERGENCY FOOD ASSISTANCE Page 4
IX. HOL� HARM S4 (` d(/S _
In providing its services, PROVIDER wili act as an independent contractor and no
officer or employee of PROVIDER wili be deemed a CITY officer or employee for any
purpose. PROVIDER shall hold the CITY, its officers, bo�ards 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 tlie acts or omissions of the
PROVIDER in any way relating to the subject matter of this Agreement.
X. lNS(/RANC_'E PRnVIS/ONS,
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. In addition, a policy of
automobile liability insurance for owned, non-owned I and hired vehicles in the
amount of $1,000,000 shall be obtained. A certificate of insurance evidencing such
comprehensive general liability insurance, workers compensation insurance, and
automobile liability 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. �E(;AL r�MPUANC'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 nF C/TY_
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.
X)I I. UN/FORM A�M/N/STRA TNE REC1 UIREMENTS �
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.
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AGREEMENT WITH SHASTA SENIOR NUTRITION PROGRAM
FOR EMERGENCY FOOD ASSISTANCE Page 5
B. PROVIDER shall comply with the requirements and standards of OMB Circular No.
A-122, A-1 10, and A-21 , including all stated restrictions on the use of
appropriated funds for lobbying purposes in connection with a specific contract,
grant, or loan.
To this effect, PROVIDER further agrees to execute Exhibit "E," Anti-Lobbying
Certification, attached hereto.
C. PROVIDER will comply with the requirements of Section 504 of the Rehabilitation
Act of 1973 as amended by 29 USC 794. '
D. No member of or Delegate to the Congress of the United States and no Resident
Commissioner shall be admitted to any share or part 'of this Agreement or to any
benefit to arise from the same. ,
E. No member, officer or employee of the City of Redding, or its designees or
agents, no members of the governing body of the City of Redding, and no other
public official of the City of Redding who exercises any functions or
responsibilities with respect to the program during his tenure or for one year
thereafter shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection
with the program assisted under this Agreement.
F. The assistance provided under this Agreement shall not be used in the payment
of any bonus or commission for the purpose of obtaining HUD approval of the
application for such assistance, or HUD approval of applications for additional
assistance, or any other approval or concurrence of HUD required under this
Agreement, 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.
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AGREEMENT WITH SHASTA SENIOR NUTRITION PROGRAM
FOR EMERGENCY FQOD ASSISTANCE Page 6
I. Except as provided in section 12940 et seq. of the Government Code, PROVIDER
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 wo�k covered by this Agreement this nondiscrimination
provision.
CITY OF REDDING
ATTEST: By
MICHAEL WARREN, City Manager
CONNIE STROHMAYER, City Clerk
SHASTA SENIORINUTRITION PROGRAM, INC.
FORM APPROVED: �� , � �
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Execu ' Director j
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W. LEONARD WINGATE, City Attorney � '� !,i
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By ��'-�C_:-�t �,
`Cha��man of thQ oard
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EXHIBIT "A"
Scope of Work
The Scope of Work under this Activity shall consist of the pr.ovision of a food collection
and distribution program for low-income families.
Community Development Block Grant funds shall be used �for the purchase of food,
classroom supplies, printing, and wages. The Food Bank Coordinator shall be responsible
for carrying out the objectives of this project under the supervision of the Project Director.
This ongoing project shall help alleviate the hunger problem facing many individuals in the
City of Redding by distributing approximately three days supply of food once a month to
qualified individuals. This will enable them to receive nourishment while seeking a
permanent solution to their particular situation.
It is anticipated that approximately 10,000 individuals per year will receive food as
supplies allow during the contract period.
Provisions and Services
Provider will be responsible for the following:
1 . Recruitment and training of all staff, both paid and volunteer, necessary to implement
the activity.
2. Coordination with all local and out-of-the-area suppliers of low-cost food products in
order to acquire the most economical food sources available.
3. Submission of monthly reports to the City, which indicate the service level of the
activity. The necessary forms will be provided by the City.
4. Provider will seek out and apply for all sources of funding; currently available in order
supplement CDBG funds in the continued operation of the activity.
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EXHIBIT "B"
CCBG income Guidelines:
����im�m�,��nua,l i�iccme
o�N �JW. _GW
P'�fT11�1/�IZ� ���� ��iGi�1�1 ���f �:�Ofi1�9
1 11,950 996 19,�150 1 ,596
2 13,700 1,t 42 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
COBG 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. Casuai, sporadic, or irregular gifts;
e. Amounts that are specifically for or in reimbursement of the cost of inedicai
expenses;
f. Lump-sum additions to fam�ly assets, such as inheritances, insurance payments
(including payments under health and accident I insurance and worker's
compensation), capital gains and settlement for personal or property losses; and
g. Amounts of education scholarships paid directty to the�student o� 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\COBG\EXH.B
EXHIBIT "C"
COMMUNITY DEVELOPMENT BLOCK GRANT (COBG) BUDGET RE�UEST
FUNDING YEAR 7/1/95 th�ough 6/30/96
(Piease typel �
SECTION 1 BUDGET SUMMARY NAME OF APPLICANT: Shasta Senior Nutrition Programs, Inc.
PROGRAM TITLE: Emergency Food Assistance Proqram
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PROGRAM ADMINISTHATIQW CITY FUNDS NON-CITY FUNDS (Specifyl
GRANO
Pe�sonnel Costs CDBG Othe� un i cea wa FEr�tA u TOTAL
1.1 Salaries & Wages 5�8 0 5��3 ,
1.2 Fringe Benefits Taxes 63 0 �3
Subtotal: 641 0 0 0 �a�
Non-Personnel Casts ISpecify)
2.1 Printing 109 0 0 0 1�)�)
2.2
2.3
2.4 •
Subtotal: 109 0 0 p 109
Total Administrative Costs: 750 0 0
OIRECT PROGRAM COSTS tSpecify) •
3.1 Classroom Su lies 225 � 225
3•2 Food Purchases 9 025 � 6,000 9,000 24,025
3.3 Gas, Re airs & Maintenance 4,000 4,000
3.4
3.5
Total Direct Program Costs: 9,250 0 l0,000 9,o00 28, 25u
TOTAL PROGRAM BUDGET: lo 000 0 lo,000 9,000 2�, ouo
$7, 5f10 Approved
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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 Repon: through
I. FINANCiAL STATUS
A. Total Program Budget (atl funds) S
B. Total COBG Funds Allocated for Ope�ation of this Program: S
C. Total gross expenditures this accounting period (alt fundsl: S
D. Total gross expenditu�es 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 COBG funds committed year to date lE + F): g
H. COBG funds received yea� to date: g
I. CDBG funds due at end of this accaunting period (G - H): S
II. SERVICE LEVELS tYear-To-Date)
A. Total Y Households
Total 1� Total i Total � Totai � Households that are COR
Househoids Households Households that are COR Residenu
Served To Date at Low-Income Very Low-Income Residents at Low-Income
Level Level Served to Date Levei
B. Race of Head of Household: (All Households Served) Native American Asian
White (Non-Hispanic Origin) Black (Non-Hispanic Origi�) Hispanic
C. � Female Head of Household
IF THIS IS A HOUSING RELATED ACTIVITY, PLEASE PROVIDE THE FOLLOWING:
D. # Elde�ly HOUSehOIdS (Eldedy = A househotd where at lwt one member is over 60 yurs old)
E. # Disabled Households
F. i Small Families (t -a�
G. # Large Families (5+ Pecsons)
I hereby certify the above to be true and correct, to the best of my knowledge.
(Signature! lDate)
(Typed or Printed Name! ITitle)
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EXHIBIT "E"
ANTI-LOBBYING CERTiFiCATION
The undersigned certifies, to the best of his or her knowiedge and belief, that:
t . 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 enterfng into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
Z. If any funds other than Federal appropriated funds have been paid or wifl 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 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 (inciuding 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 piaced
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. '�
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DATE: � ' SIGNATURE: ' ' i� ' �� 'G�
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