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HomeMy WebLinkAboutReso 95-172 - Approve agreement betwen the COR & the Shasta Homeless Shelter Coalition for Winter Armory Emerg Shelter • � � • RESOLUTION NO. ��" ��2 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 RESOLVED by the City Council of the Ciry of Redding as follows: 1. The City Council of the City of Redding hereby approves the Agreement between the Ciry of Redding and the Shasta Homeless Shelter 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 Ciry 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 refened 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 Redding 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 /�" DAVID A. OE,Mayor ATTEST: City of ding ` �V CONNIE STROH AYER,City Clerk ;��� FORM APPROVED: � l' ^ � ' � � , � W. LEONA WINGATE,City Attorney `� proj\cdbg�resos.cc .. � � � 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, 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. PROV/SIONS AN� SERV/CES, 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 6, 1995, and which is hereby incorporated by reference as if set forth in full. I I. IEBd�. The term of this Agreement shall be from November 1, 1995 through April 30, 1996. III. AMOL�NT AND USE nF 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 520,000.00, 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 he�eunder shall be expended solely for the benefit of City of Redding residents, i.e., persons living within the corporate limits of the CITY. . � � AGREEMENT WITH SHASTA HOMELESS SHELTER COALITION Page 2 D. PROVIDER shall render senrices 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. APPORT/nNMENT OF Fl/NDS_ 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. Exhibit "D" is to be used by PROVIDER as a request for reimbursement. V. TERMINA 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 or 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. VI. REVERS/ON C�FASSET.4, 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. VI1. PRn(,RAM !NC'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: 1 . Proceeds from the disposition by sale or long-te�m lease of real property purchased with CDBG funds; � � AGREEMENT WITH SHASTA HOMELESS SHELTER COALITION Page 3 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 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 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. DO . /MENTS, REPC)RTS AND RE('ORD4_ 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. IX. HnLa HAR/L�LESS CLAUSE 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 � • AGREEMENT WITH SHASTA HOMELESS SHELTER COALITION Page 4 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. lNS(IRAN['E PRC�V/S/ON4, PROVIDER shall obtain comprehensive general liability insurance naming the CITY, its officers, agents and employees as additional insured in the amount of S 1,000,000 combined single limits. A policy of workers compensation insurance meeting California statwtory 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. /E(;AL C�MPL/AN('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 shatl secure at its full cost and expense any and all permits, applications or other requirements in connection therewith. XII. CnNTROL OF 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 I. l/NIFORM ADMINl4TRA TIVE REQ /IREMENTS 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. 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. . • AGREEMENT WITH SHASTA HOMELESS SHELTER COALITION Page 5 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 indi�ect, 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. 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, mentat disability, medical • . AGREEMENT WITH SHASTA HOMELESS SHELTER COALITION Page 6 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 f�om 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 SHASTA HOMELESS SHELTER COALITION FORM APPROVED: , � By � -�� ,._._ Chairman of the oard W. LEONARD WINGATE, City Attorney • • 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 beginning November 15, 1995, and ending April 30, 1995. 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 as well as receive on-site counseling and referrals to resources helping people to stabilize their lives. Shasta Homeless Shelter Coalition anticipates providing 10,000 nights to approximately 800 individuals during the contract period. Pro visions and Services Provider will be responsible for the following: 1 . Recruitment and training of staff to supervise the shelte� activities. 2. Cooperation and coordination with other community service providers in order to i provide food, clean clothing, baths, medical assistance, and counseling as well as ; shelter to the Activity's participants. � , 3. Provider will attempt to seek out and apply for all sources of funding currently available to be used to supplement CDBG funds in the operation of the shelter. ' ,, � I � - . • EXHIBIT "B" CDBG Income Guidelines: ���vsa��n����9 Bu���� 06�� �o�v ��dv ��PgVB� �Og@ 1���1P �OP9$�9 1���P �0�9�V 1 1 1 ,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. PROJ\CDBG\EXH.B ! EXHIBIT "C" ; COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET RE�UEST FUNDING YEAR 7/1/95 through 6/30/96 (Please type) SECTIDN 1 BUDGET SUMMARY NAME OF APPLICANT: Shasta Homeless Shelter Coalition PROGRAM TITLE: Armory Winter Transitional Ho►neless Shelter ,. ._..._ PROGRAM ADMINISTflATION CITY FUNDS NON-CITY FUNDS (Specify) � GRAND Pe�sonnel Costs CU6G Othe� FEMA Dona t i ons TOTAL 1.1 Salaries & Wages 9 , 000 XS���� 9 , 000 1.2 Fringe Benefits 1 , 3 5 0 1 , 3 5 0 Subtotal: � 10, 3 5 0 10 , 3 5 0 Nan-Personnel Costs lSpecify) 2.1 2.2 2.3 2.4 Subtotal: Total Administ�ative Costs: DIRECT PROGRAM COSTS (Specify) 3.1 Shelter supervisors 20, 000 13 , 350 33 , 350 3.2 Operatiny Expenses 8 , 650 9 , 4334 12 , 989 3.3 3.4 3.5 Total Direct Program Costs: 20, 000 22 , 000 4 , 334 12 , 989 TOTALPROGRAM BUDGET: 20, 000 22 , 000 19 , 6�9 56 , 689 $20,000 Approved . � • 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 Allocated for Operation of this Program: 5 C. Total gross expenditures this accounting period lall funds): S D. Total gross expenditures year to date (all funds) S E. Total CDBG funds committed this accounting period: S F. Total CDBG funds committed in previous accounting periods: S G. Total CDBG funds committed year to date (E + F): $ H. CDBG funds received year to date: S I. CDBG funds due at end of this accounting period (G - H): S II. SERVICE LEVELS (Year-To-Date) q, Total # Households Total # Total J� Total # Total # Households that are COR Households Households Households 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 Househotd: (All Househotds 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: D. # Eld@rly HOUS@hOIdS (Elderly = A household where at teast one member is over 60 years old) E. # Disabled Households F. # Small Families (i -a) G. # Large Families (5+ Pe�ons� I hereby certify the above to be true and correct, to the best of my knowledge. (Signature) (Date) (Typed or Printed Name) (Title) PROJ\CDBGIEXH-D.94 • . � • EXHIBIT "E" ANTI-LOBBYING CERTIFICATION The undersigned certifies, to the best of his or her knowledge and belief, that: 1 . No Federat appropriated funds have been paid or wiil 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 o� employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submrt 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 mate�ial 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:_���z�ys SIGNATURE: l��l��,�' /.�jj�,:� PROJ\C�BG\EXH.E