Loading...
HomeMy WebLinkAboutReso 94-324 - Approve agreement between COR & Shasta County Women's Refuge for Rehab of existing shelter RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND SHASTA COUNTY WOMEN'S REFUGE FOR REHABILITATION OF EXISTING SHELTER AND AUTHORIZING THE MAYOR 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 Shasta County Women's Refuge providing funding in the amount of$74,459.00 for the rehabilitation of the existing shelter for victims of spousal and child abuse. 2. The Mayor 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 Mayor 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 City Council of the City of Redding on the 15th day of November, 1994, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge, Murray and R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None P,69ER'17 C. ANDERSON, Mayor ATTEST: City of Redding no�� "04 CONNIE STROHMAYER, Cit ler FORM APPROVED: A&A 16� A! RANDALL U. HAYS, City Attorney v FUNDING AGREEMENT BETWEEN CITY OF REDDING AND SHASTA COUNTY WOMEN'S REFUGE INC. THIS AGREEMENT, made and entered into this day of November, 1994 by and between the CITY OF REDDING, a municipal corporation, hereinafter called "CITY" and the SHASTA COUNTY WOMEN'S REFUGE, INC., a California Non-Profit Public Benefit Corporation, hereinafter called "AGENCY." WITNESSETH: WHEREAS, CITY has entered into a grant agreement with the Department of Housing and Urban Development (hereinafter referred to as HUD) to carry out the Community Development Block Grant (hereinafter referred to as CDBG) program within CITY; and WHEREAS, AGENCY is a non-profit corporation organized under the laws of the State of California and qualifying for Federal Tax Exempt Status; and WHEREAS, CITY has allocated CDBG funds to AGENCY for the specific purpose of rehabilitation of the Women's Shelter for battered women and children; NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1 . AMOUNT AND USE OF FUNDS. Use of CITY's funds allocated hereunder to AGENCY shall be subject to the following terms and conditions: A. CITY agrees to lend to AGENCY the amount of Seventy-Four Thousand, Four Hundred and Fifty-Nine and No/100 Dollars, (574,459.00), at zero percent interest for the purposes set forth in this Agreement. B. AGENCY shall use the funds lent pursuant to this Agreement to finance the rehabilitation of the Women's Shelter for battered women and children as described in Exhibit 'A" Scope of Work, attached hereto and made a part hereof. Funding Agreement Shasta County Women's Refuge, Inc. Page 2 2. LOAN TERMS AND CONDITIONS. A. In consideration of the CITY loan, AGENCY shall execute a Promissory Note and a Deed of Trust on the property which is described in Exhibit "B," attached hereto and made a part hereof. Said Deed of Trust shall name CITY as beneficiary in the event that the conditions subsequently stated herein occur and shall expressly name this Agreement as the obligation secured thereby. This transaction shall be completed through an escrow to be established with Chicago Title Insurance Company ("the Escrow Agent"), located at 1647 Court Street, Redding, CA. Within fourteen (14) days after execution of this Agreement each of the parties shall execute and deliver to the Escrow Agent written instructions consistent with the terms of this Agreement. CITY's Escrow instructions shall provide that: (1 ) Escrow Agent shall record the Deed of Trust in the County Recorder's Office pursuant to the escrow instructions of CITY and AGENCY; and (2) after recordation of the Deed of Trust, Escrow Agent shall issue an ALTA policy of Mortgage Title Insurance in the amount of the Note. Said Policy shall show title to the property vested in SHASTA COUNTY WOMEN'S REFUGE and insure CITY as beneficiary. B. AGENCY agrees to be responsible for all sums in excess of the CITY loan necessary to rehabilitate said property. C. The CITY loan will remain in effect as long as AGENCY continues to operate the facility as a shelter for battered women and children. If the property is sold or does not continue to be used for the purpose stated herein or a similar housing purpose approved by the City, the total loan amount shall be immediately due and payable. Should the property be sold for the purposes of allowing AGENCY to purchase another property which both the CITY and AGENCY agree would be more suitable to the purpose of operating a shelter for battered women and children, the CITY agrees to allow CITY loan to be transferred to the new property. The transferred loan will be subject to all the covenants of this Agreement. Funding Agreement Shasta County Women's Refuge, Inc. Page 3 D. CITY loan shall only be subordinate to the existing CITY Deed of Trust in the amount of $75,000.00 previously recorded on the property. 3. TERM/TERMINATION OF AGREEMENT. This Agreement shall be in force for the period of time that the Deed of Trust securing the CITY loan remains as a lien on the property. In the event AGENCY violates the provisions of this Agreement for any reason other than occurrence of circumstances over which it can exercise no effective control and such violation shall not be cured or remedied within ninety (90) days after notice thereof by CITY, CITY shall have the right to terminate this Agreement by written notice duly served upon AGENCY. 4. TRANSFER OF PROPERTY. AGENCY shall not cause or permit any sale, assignment, conveyance, lease or transfer in any other form of or with respect to this Agreement or the property subject to this Agreement, or any part thereof or any interest therein or contract or agree to do any of the same, without the prior written approval of CITY. Any sale, assignment, conveyance, lease, or transfer without CITY's written consent constitutes a breach of this Agreement. 5. PROGRAM INCOME. A. "Program Income" is defined as gross income earned by AGENCY from the shelter supported by the CITY loan. The revenue earned from the operation of the shelter which will be considered Program Income will be in direct proportion to the amount of funds that were contributed to the rehabilitation of the shelter from the CITY loan. Rules on Program Income are established in the Consolidated Community Development Block Grant Regulations (24 CFR Part 570), OMB Circular No A-21 , and OMB Circular No A-110. Funding Agreement Shasta County Women's Refuge, Inc. Page 4 B. AGENCY agrees that all Program Income from whatever source shall be used by AGENCY in compliance with both the purposes and objectives declared by HUD. C. Program Income on hand at the time of expiration of this Agreement must be returned to CITY along with any accounts receivable attributable to the use of CDBG funds. 6. HOLD HARMLESS CLAUSE. A. In providing its services, AGENCY will act as an independent contractor and no officer or employee of AGENCY will be deemed a CITY officer or employee for any purpose. B. AGENCY shall hold 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 of omissions of the AGENCY in any way relating to the subject matter of this Agreement. C. CITY shall hold AGENCY, its officers, boards and commissions, and members thereof, its employees or agents, harmless of and free from any and all liabilities which arise out of or are related to the acts or omissions of CITY in any way relating to the subject matter of this Agreement. D. AGENCY shall indemnify CITY, its officers, boards and commissions, and all members thereof, its employees and agents, from any judgment rendered against them or any sums paid out in settlement, or otherwise arising out of any act or omission of AGENCY in any way relating to the subject of this Agreement. E. CITY shall indemnify AGENCY, its officers, boards and commissions, and all members thereof, its employees and agents, from any judgment rendered against them or any sums paid out in settlement, or otherwise arising out of any act or omission of CITY in any way relating to the subject of this Agreement. Funding Agreement Shasta County Women's Refuge, Inc. Page 5 7. COMPLIANCE WITH LAWS. A. AGENCY shall comply at all times during the term of this Agreement with all applicable laws and 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. B. AGENCY covenants, that there will be no discrimination against or segregation of any person or groups of persons on account of race, color, national origin, age, sex, creed, religion, physical handicap, pregnancy, parenthood, or marital status in the use, occupancy, or enjoyment of the property subject to this Agreement. C. AGENCY shall comply with the requirements of Title 24, Part 135, Employment Opportunities for Businesses and Lower-Income Persons in Connection with Assisted Project. D. AGENCY 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, AGENCY further agrees to execute Exhibit "C," Anti-Lobbying Certification, attached hereto. E. AGENCY will comply with the requirements of Section 504 of the Rehabilitation Act of 1973 as amended by 29 USC 794. F. 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. G. 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 Funding Agreement Shasta County Women's Refuge, Inc. Page 6 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. H. 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. 8. INSURANCE PROVISIONS. A. AGENCY shall purchase and maintain comprehensive general liability insurance for bodily injury and property damage naming the CITY, its officers, officials, employees, and volunteers as additional insureds in an amount not less than $1 ,000,000 combined single limits throughout the term of this Agreement. A policy of worker's compensation insurance meeting California statutory requirements shall be obtained. A certificate of insurance evidencing such comprehensive general liability insurance and worker's compensation insurance shall be furnished to the Risk Manager of CITY guaranteeing CITY a minimum of 30 days notice of cancellation or reduction in coverage in a form approved by Risk Manager of CITY. AGENCY shall obtain insurance coverage as primary insurance as respects CITY, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by CITY, its officers, officials, employees or volunteers shall be excess of AGENCY's insurance and shall not contribute with it. B. AGENCY shall further obtain and maintain in full force and effect throughout the term of this Agreement, while used by AGENCY, insurance policies to protect Funding Agreement Shasta County Women's Refuge, Inc. Page 7 against financial loss by reason of destruction or damage of the facility by fire or other hazards. C. AGENCY shall provide evidence annually that real estate taxes and assessments are paid on time. D. AGENCY shall promptly notify CITY if any default in payment takes place which affects title or ownership of the property. 9. ENTIRE AGREEMENT/AMENDMENTS This Agreement sets forth the entire agreement of the parties hereto in the matters set forth herein. Moreover, this Agreement may be modified or amended only by a writing duly authorized and executed by both CITY and AGENCY. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth above. ATTEST: CITY OF REDDING By: CONNIE STROHMAYER, City Clerk ROBERT C. ANDERSON, Mayor FORM APPROVED: SHASTA COUNTY WOMEN'S REFUGE By: RANDALL A. HAYS, City Attorney MARY LEAS STEGALL, Executive Director EXHIBIT "A" Scope of Work The scope of work under this Agreement shall consist of the rehabilitation of Peterson House, the existing emergency battered women's shelter owned and operated by the Shasta County Women's Refuge. The shelter rehabilitation project shall provide for enhanced handicapped accessibility within the shelter, enhanced shelter security, enhanced client safety, and improved use of floor space for shelter clients and staff. EXHIBIT "B" LEGAL DESCRIPTION All that real property situate in the City of Redding, County of Shasta, State of California, more particularly described as follows: All that portion of Lot 9, in Block 6 of Breslauer's addition to the Town (now City) of Redding, as shown on the map filed in Book of Old Plats at page 62, Shasta County Records, described as follows: Beginning at the Southwest corner of said Lot 9; thence, running Easterly on and along the Southerly line of said Lot 9, a distance of 99.50 feet; thence, Northerly parallel with the Westerly line of said Lot 9, a distance of 141 .00 feet; thence, Westerly parallel with the Southerly line of said Lot 9, a distance of 99.50 feet to a point in the Westerly line of said Lot 9; thence Southerly on and along the Westerly line of said Lot 9, a distance of 141 .00 feet to the point of beginning of this description. Assessor's Parcel No. 105-450-47 EXHIBIT "C" 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 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 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 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 $10,000 and not more than $100,000 for each such failure. DATE: SIGNATURE: