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HomeMy WebLinkAboutReso 95-174 - Approve agreement between the COR & the Shasta Natural Science Association & Redding Museum & Art Center For the Community oriented policing & problem solving ` � � � , RESOLUTION NO.qS' ���'I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND THE SHASTA NATURAL SCIENCE ASSOCIATION AND REDDING MUSEUM AND ART CENTER FOR THE COMMUIVITY ORIENTED POLICING&PROBLEM SOLVING (COPPS)PROGRAM,AND AUTHORIZING THE CITY MANAGER TO SIGN SAME. BE IT RESOL IjED 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 Natural Science Association and Redding Museum and Art Center providing outreach programs offering art, history, science and nature experiences to hard-to-reach, at-risk young 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 Ciry 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 HEREBYCERTIFYthat the foregoing resolution was introduced and read at a regular meeting of the Ciry Council of the City of Redding on the lst day of August, 1995,and was duly adopted at said meeting by the following vote: AYES: COIJNCILMEMBERS: R. Anderson, McGeorge, Murray and Kehoe NOES: COUNCIL MEMBERS: None ABSENT: COUNCILMEMBERS: P. Anderson ABSTAIN: COUNCIL MEMBERS: None G� �'' � - DAVID A. K E,Mayor AT'TE��� City of mg �_�Y _ �� CONNIE STRO ' AYER,City Clerk � FORM APPROVED: � ;1 � W. LEON WINGATE, City Attorney � proj\cdbgUesos.cc , , . � � AGREEMENT BETWEEN ClTY OF REDDING AND SHASTA NATURAL SCIENCE ASSOCIATION AND REDDING MUSEUM AND ART CENTER 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 calied "CITY" and the SHASTA NATURAL SCIENCE ASSOCIATION AND REDDING MUSEUM AND ART CENTER, each 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. eRC)l//4l0/4�S AND SER1!/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 8, 1995, and which is hereby incorporated by reference as if set forth in full. I I. IEEdd. The term of ihis Agreement shall be from August 5, 1995 through August 4, 1996. ���, dMnl/NT AND 1/SE OF Fl/NDS, 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 518,755.00, 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." . � • • AGREEMENT FOR COPPS PROGRAM MUSEUM COLLABORATION Page 2 C. Funds paid hereu�der 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 C1TY hereunder only to recipients meeting appropriate eligibility criteria under COBG guidelines, as identified in Exhibit "B," or such other guidelines as may be recommended by PROVIDER and accepted by the CITY. IV. APPnRT/ONMENT DF Fl/N�S_ 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. TERM/NA 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 provided for herein, CITY shall have the right to terminate this Agreement by written notice duly served upon PftOVIDER. 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 PROVIOER serving thirty (30) days written notice to CITY of intent to terminate services. VI. REVERS/ON nFASSETS. 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. PROC;RAM /NC�ME. 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 FOR COPPS PROGRAM MUSEUM COLLABORATION 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. Inte�est earned on CDBG funds held in a revolving fund account; 5. Interest eamed on program income pending disposition of such income; and B. Prog�am 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. DnC(/MENT.S, RFPORTS AN� REC'ORDS. 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 specificatly 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 iaw. 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. I . . . � . � � AGREEMENT FOR COPPS PROGFiAM MUSEUM COILABORATION Page 4 IX. HOL� HARMLESS C'Lt]_USE. In providing its services, PROVIDER will act as an independent contractor. a�-flv��,�� S�'�/ n �se. PROVIDER shall hold the C1TY, 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. INSU ANCE PR�V/S/nNS_ ' 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 statutory requirements shall be obtained. In addition, a policy of automobile liability insurance for owned, non-owned, and hired vehicles in the amount of 51,000,000 shall be obtained. A certificate of insurance evidencing such comprehensive general liability insurance, wo�kers 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. I ErAL nMPUAN .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. xn. rnNrRo� �F �irv_ 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. I -' ' . � . AGREEMENT FOR COPPS PROGRAM MUSEUM COLLABORATION Page 5 XIII. UN/FnRM A�M/N/STRATNE REC1UlREMENTS A. PROVIDER shall comply with the requirements of Titie 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 fobbying 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 S2,000.00 when 25 percent or more of the costs of such project are paid with Community Development Block Grant funds. '� � � � • AGREEMENT FOR COPPS PROGRAM MUSEUM COLLABORATION Page 6 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, retigious 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 MICHAE� WARREN, City Manager CONNIE STROHMAYER, City Clerk SHASTA NATURAL SCIENCE ASSOCIATION FORM APPROVED: '� �/�r�tc� � ��, B �� ���1 . � Y Executive Director W. LEONARD WINGATE, City Attorney BY Chairman of the Board REDDING MUSEUM AND ART CENTER � BY . Executive Director BY `��-..�;� �::� .� �,�_�--_-1���.� 1. ��'� -Cha�rman of the Baard . " • • � EXHIBIT "A" Scope of Work The Scope of Work under this Activity shall consist of the provision of specially designed outreach programs offering art, history, science and nature experiences to hard-to-reach, at-risk youth in a nonschool-like setting. Community Development Block Grant funds will be utilized for salaries, transportation, materials and equipment, program design, museum memberships, and overhead directly related to the Carter House Natural Science Museum and the Redding Museum of Art & History's participation in the "Community Oriented Policing & Problem Solving" (COPPS) program. The museums will provide children with an understanding of museums, offer volunteer opportunities to teenagers, encourage teens to act as mentors to younger children, and introduce new technologies in a fun-learning environment. The programs will occur four hours one day a week during the summer months and two hours on two days a week during the school year. Museum membership will be awarded to 90 families of at-risk and/or under served children participating in the COPPS program. The museums will provide the following elements: 1 . Hands-on experiences involving museum subjects and objects. 2. Introducing new technologies through the use of computers, CD's, and cameras/ video. 3. Presentations on "back room° activities, including collection and restoration. The museums anticipated goals are: 1 . Expose children to an array of new experiences which provide the role models and motivations for changed behavior. 2. Enhance participants education and create a sense of accomplishment and proficiency. 3. Provide opportunities for at-risk children to use what they have learned to help one another and to obtain a wider, more positive wortd view. Pro visions and Senrices P�ovider will be responsible for the following: 1 . Recruitment and training of all staff necessary to provide comprehensive services and learning techniques to the target group. 2. Submission of monthly reports to the City, which indicate the service level of the activity. The necessary forms will be provided by ihe City. . . ' • • EXHIBIT "B" CDBG Income Guidelines: �laximum��r�u�i ir��om� 'Very Low Luw �-�mii �i�e Ye�r Nlon4h ;'�ar ��or�i� 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 sou�ces 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 exciuded 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 settfement for personal or property losses; and g. Amounts of education scholarships pa�d directty to the student or to the education institution, and amounts paid by the government to vete�an, for use in meeting the costs of tuition, fees, books and equipment. PROJ\CDBGIEXH.B ' � EXHIBIT "C" , - i � � COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET RE�UEST ' FUNDING YEAR 711/95 throuflh 6/30196 ease lype) ' SECTICIN 1 BUDG�T SUMMAF�Y NAME OF APPLICANT: Carter House 3 Reddi ng �us�um _ PROGRAM TITLE: COPPS Pro ram Museum Col 1 abora t i on . PROGRAM ADMINISTRATIO[�l ' 'CITY FUNDS � : N�N-CtTY FUNDS (sp�city! .: ; , ` ,. . GRAND � Pcrsonnel Costs CDpG "' Other ' TOTA� 1 .1 Salaries & Wages 1 .2 Fringe Benefits q�p , � - 9 7 0 . • Subtotal: 3 g q 5 . 3 8 4 5 . Non-Personnel Costs ISP��Ify� � 2•1 Trans ortation 175 • 175 • 2•2 Materials 8 Ec�uipmenL- 7 , 500 . 7 , 500 . 2•3 pro ram Desi n 2 , 380 . 2 , 380 . 2•4 Museum �tembersh.i. s 3 , 150 . 3 , 1 50 . Subtotal: 13 , 205 . 1 3 , 205 . Total Administrative Costs: 17 , 050 . 1 7 , 0 S 0 . �IRECT PROGRAM COSTS (Speci(yl � 3•1 1Q� oE Proqram Total 1 , 705 . 1 , 705 . • 3.2 � 3.3 . 3.4 3.5 Total Direct Proc�ram Costs: 1 � �p 5 � ' � � 1 , 7 0 5 . I TOTAL PROGRAM BUDGET: 18 , 7 5 S . 18 , 7 5 S . _ J $18,755 Approved ' � w . � . ' • • EXHIBIT �D� MONTHLY REPORT FOR USE OF CITY OF REDDING COBG FUNDS NAME OF PROVIDER: PROGRAM: Co�tact Person/Title: Phone: Accounting Period for this Report: through i. FINANClAL STATUS A. Total Program Budget (all fundsl S B. Total COBG Funds Allocated for Ope�ation of this Program: 5 C. Total gross expenditures this accounting period lall funds): 5 D. Total g�oss expenditures year to date (all funds) $ E. Total CDBG funds committed this accaunting pe�iod: $ F. Total CDBG funds cammitted in previous accounting periods: S G. Total CDBG funds committed year to date (E + F): S H. CDBG funds received year to date: S I. CDBG fu�ds due at end of this accounting period (G - H): S II. SERVICE LEVELS fYea�-To-Date) q, Totai � Households Total 1� Total � Total � Total 1� Households that aro COR Households Households Households that are COR Hesidenu Served To Date at Low-Income Very Low-Income Residents at Low-Income Levei Level Served to Date Level B. Race of Head of Household: tAll Househalds Served) Native America� Asian White (Non-Hispanic Origin) Black (Non-Hispanic O�igin) Hispanic C. � Female Head of Household IF THIS IS A HOUSING RELATED ACTIVITY, PLEASE PROVIDE THE FOLLOWING: D. � EId2�ly HOUSeh01d5 (Elderiy = A household whcre at lust one manbet ia ovet 60 years old) E. A� Disabled Households F. A� Smalt Famiiies (i -a) G. fl Large Families (s+ Persons► I hereby certify the above to be true and correct, to the best of my knowtedge. lSignature! (Date) (Typed or P�inted Name) lTitle) PRn n�nor_�cvu n ae 1 . . . ' � • EXHIBIT "E" ANT1-LOBBYING CERTIF1CATlON The undersigned certifies, to the best of his or her knowledge and belief, that: 1 . No Federal appropnated 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 Federai grant, the making of any Federat 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 Federat appropriated funds have been paid o� will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Co�gress, an officer or employee of Congress, or an empioyee 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 S10,000 and not more than 5100,000 for each such failure. � '' �.� DATE: �/� ' �� SIGNATURE: � �� , • i� PROJICDBGIEXH.E