HomeMy WebLinkAboutReso 94-231 - Approve the agreement between COR & People of Progress • 0
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING
THE AGREEMENT BETWEEN THE CITY OF REDDING AND PEOPLE OF PROGRESS,
AND AUTHORIZING THE INTERIM 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 People of Progress providing for Gardening Program for the citizens of the City of Redding.
2. The Interim 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 Interim 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
City Council of the City of Redding on the 16th day of August, 1994, and was duly adopted at said meeting by the
following vote:
AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, ticGeorge, DIurray and R. Anderson
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
OBERT C. ANDERSON, Mayor
ATTEST: City of Redding
CONNIE STROHMAYER, City e
FORM APPROVED:
ALL A. HAYS, Cit Attorney
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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
WHEREAS, PROVIDER is a non-profit corporation organized under the laws of the
State of California and qualifying for Federal Tax Exempt Status; and
WHEREAS, the CITY has allocated Community Development Block Grant 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). No allocated funds will be disbursed under this Agreement until final
fund drawdown authorization has been received by the City from 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 City of Redding residents services as set forth in attached
Exhibit 'A" and as represented in the application dated February 22, 1994, and
which is hereby incorporated by reference as if set forth in full.
11. TERM/TERMINA TION.
The term of this Agreement shall be for the 12-month period beginning September
1, 1994 and ending August 31, 1995. In the event PROVIDER violates 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 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 serviced upon PROVIDER.
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.
AGREEMENT WITH PEOPLE OF PROGRESS
FOR EXPANSION TO THE COMMUNITY GARDEN PROGRAMS Page 2
III. USE OF FUNDS.
Use of CITY's funds allocated hereunder to PROVIDER shall be subject to the
following terms and conditions:
A. Any funds paid to PROVIDER shall be used solely for the purposes set forth in
Exhibit "A."
B. 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.
C. CITY funds shall be expended for the benefit of all City of Redding residents
regardless of the age of the resident.
D. PROVIDER shall render services 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.
E. The CITY shall pay to the PROVIDER a sum not to exceed $19,954.00, as
identified in Exhibit "C," for services set forth in Exhibit "A."
IV. REVERSION OFASSETS.
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.
V. PROGRAM INCOME.
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-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
6. Fees charged to clients in conjunction with the provisions of services and/or
financing assisted with CDBG funds.
AGREEMENT WITH PEOPLE OF PROGRESS
FOR EXPANSION TO THE COMMUNITY GARDEN PROGRAMS Page 3
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.
VI. APPORTIONMENT OF FUNDS.
A. 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.
VII. DOCUMENTS. REPORTS AND RECORDS.
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. However, recognizing that
PROVIDER may from time to time render services to recipients which are highly
personal and confidential in nature, the CITY, in its dealings with PROVIDER, will
at all times maintain said confidentiality and will not require a public record to be
made or provided that will serve to violate the confidentiality requirements of
PROVIDER. Any inspection or audit of both financial and non-financial files shall
be made by the Housing Administrator or his/her designee.
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
timecards, receipts, etc., should be attached to the monthly reporting form.
AGREEMENT WITH PEOPLE OF PROGRESS
FOR EXPANSION TO THE COMMUNITY GARDEN PROGRAMS Page 4
VIII. HOLD HARMLESS 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 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.
CITY shall hold PROVIDER, 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 the CITY in any way
relating to the subject matter of this Agreement.
PROVIDER 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 PROVIDER in any way relating to the subject of this Agreement.
CITY shall indemnify PROVIDER, 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.
IX. INSURANCE PROVISIONS.
PROVIDER shall obtain comprehensive general liability insurance naming the CITY,
its officers, agents and employees as additional insureds 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.
AGREEMENT WITH PEOPLE OF PROGRESS
FOR EXPANSION TO THE COMMUNITY GARDEN PROGRAMS Page 5
X. LEGAL COMPLIANCES.
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.
XI. CONDITIONS OF AGREEMENT.
A. 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.
B. PROVIDER shall comply with the requirements of Title 24, Part 135,
Employment Opportunities for Businesses and Lower-Income Persons in
Connection with Assisted Project.
C. 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.
D. PROVIDER will comply with the requirements of Section 504 of the
Rehabilitation Act of 1973 as amended by 29 USC 794.
E. 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.
F. 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.
G. 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 WITH PEOPLE OF PROGRESS
FOR EXPANSION TO THE COMMUNITY GARDEN PROGRAMS Page 6
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.
H. PROVIDER shall comply with the prevailing wage provisions of the Davis -
Bacon Act on any project costing in excess of $2,000.00 when 25 percent or
more of the costs of such project are paid with Community Development Block
Grant funds.
I. 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.
J. PROVIDER shall not discriminate against any person on the grounds of race,
color, national origin, age, sex or religion, or against an otherwise qualified
handicapped individual.
CITY OF REDDING
ATTEST: By
SAMUEL S. McMURRY,
Interim City Manager
CONNIE STROHMAYER, City Clerk
PEOPLE OF PROGRESS
FORM APPROVED:
By
MELINDA BROWN,
RANDALL A. HAYS, City Attorney Executive Director
By
Chairman of the Board
EXHIBIT "A"
Scone of Work
The Scope of Work under this Activity shall consist of the provision of Gardening programs
to residents in the City of Redding. The programs will link seniors with low-income children
to learn patience, self-reliance and responsibility through community gardening.
Community Development Block Grant funds shall be utilized for staff costs and mileage
associated with the operation of the programs. This assistance shall assist People of Progress
in giving opportunities to children which will increase their self-reliance, sense of
accomplishment, and self esteem. By focusing on children, the program shall attempt to
break the cycle of dependency often seen in low-income families.
Approximately 3,000 children shall receive this service.
Provisions and Services
A. Develop program curriculum and ensure staff has received necessary training to conduct
lectures and services pertinent to the programs.
B. Recruit 10 schools to participate in the Gardening programs. Additionally, recruit senior
volunteers to link with the selected children.
C. 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.
C. 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.
D:\CD\POP3.AGR
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EXHIBIT "B"
CDBG Income Guidelines:
MaAmurn Annual Mcome
Very Low Low
FarnHy Supe Year Month Year Month
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 medical
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.
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EXHIBIT "C"
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET REQUEST
FUNDING YEAR 7/1/94 through 6/30/95
(Please type)
SECTION 1 BUDGET SUMMARY NAME OF APPLICANT: People of Pro res s
PROGRAM TITLE: Community Garden Expansion
PROGRAM ADMINISTRATION CITY FUNDS NON-CITY FUNDS (Specify)
GRAND
Personnel Costs CDBG Other POP McConnell Other TOTAL
1.1 Salaries & Wages $4 , 740 sti end $5 , 860 $ 1 3 , OOU
1.2 Fringe Benefits $ 948 $ 9.18
Subtotal: $5 , 688 2 , 400 5 , 860 $ 13 , 9 48
Non-Personnel Costs (Specify)
2.1 Rent , utilities , phone $3 , 960 3 , 960
2.2
2.3
2.4
Subtotal: 3, 960 3 , 960
Total Administrative Costs: $5 , 688 $6, 360 $5 , 860 $ 17, , 1-J08
DIRECT PROGRAM COSTS (Specify)
3.1 Mileage $2 , 000 $2 , 000 •
3,2 Consultant $4 , 225
3.3 Postage , print , suppl ' s 900 $ 900
3.4 Water & sanitation $23 , 200 $23 , 200
3.5 Construction 537 . 861 $37 , 861
3.6 Program Coordinator $17, 472 * X17 , 472
Total Direct Program Costs: x 1 9, 4 7 2 $42 986 $23 , 200 $8 5 , 6 5 8
TOTAL PROGRAM BUDGET: $25 , 160 Requested $6 , 360 $=12 , 986 $29 , 06i)
u
19,954 Approved
EXHIBIT "D" to
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: $
C. Total gross expenditures this accounting period (all funds): $
D. Total gross expenditures year to date (all funds) $
E. Total CDBG funds committed this accounting period: $
F. Total CDBG funds committed in previous accounting periods: $
G. Total CDBG funds committed year to date (E + F): $
H. CDBG funds received year to date: $
I. CDBG funds due at end of this accounting period (G - H): $
II. SERVICE LEVELS (Year-To-Date)
A. Total #
Total # Total # Total # 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: (Ail 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:
D. # Elderly Households (Elderly = A household where at least one member is over 60 years old)
E. # Disabled Households
F. # Small Families (i -4)
G. # Large Families (s+ Persons)
I hereby certify the above to be true and correct, to the best of my knowledge.
(Signature) (Date)
(Typed or Printed Name) (Title)
D:\CD\EXH-D.94
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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 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:
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