HomeMy WebLinkAboutReso 93-322 - Approve the agreement between the COR & Shasta County Women's Refuge for Housing & Counseling Services l
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 HOUSING AND COUNSELING SERVICES, AND
AUTHORIZING THE 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 Shasta County Women's Refuge providing for housing and counseling for victims of spousal and child abuse
for the poor and disadvantaged citizens for 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 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 7th day of September, 1993, and was duly adopted at said meeting by
the following vote:
AYES: COUNCIL MEMBERS: Anderson, Dahl, Keh , 11oss and. Arness
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
CARL ARNESS, Mayor
ATTEST: City of Redding
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CONNIE STROI-IMAYER, City,,91rV
FORM APPROVED:
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RANDALL A. HAYS, C' Attorney
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AGREEMENT BETWEEN CITY OF REDDING
AND SHASTA COUNTY WOMEN'S REFUGE
FOR USE OF CDBG FUNDS
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THIS AGREEMENT, made and entered into this 5r day of �4iafter
19� Eby
and between the CITY OF REDDING, a municipal corporation, herled "CITY"
and SHASTA COUNTY WOMEN'S REFUGE, a California non-profit corporation, hereinafter
called "PROVIDER;" and
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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
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PROVIDER for the specific purposes set forth herein; and
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WHEREAS, said funds are provided to the City through the Community Development
Block Grant Program of the U. S. Department of Urban Development (HUD). No allocated
funds will be disbursed under this Agreement until final fund drawdown authorization has
.i been received by the City from HUD; and
i 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 March 13, 1992, and which
is hereby incorporated by reference as if set forth in full.
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Ill. TERM/TERMINA TION.
The term of this Agreement shall be for the 12-month period beginning November
1, 1993 and ending October 31, 1994. 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 ninety (90) 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
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serving thirty (30) days written notice to CITY of intent to terminate services.
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AGREEMENT FOR HOUSING SERVICES
WITH THE WOMEN'S REFUGE 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 $27,800.00, as
i identified in Exhibit "C," for services set forth in Exhibit "A."
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IV. REVERSION OF ASSETS.
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.
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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
j 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;
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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 FOR HOUSING SERVICES
WITH THE WOMEN'S REFUGE 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
iI 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 curr-
ent 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., shall be attached to the monthly reporting form.
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AGREEMENT FOR HOUSING SERVICES
WITH THE WOMEN'S REFUGE Page 4
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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
'i 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
j 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.
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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 $1,000,000
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.
j 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.
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AGREEMENT FOR HOUSING SERVICES
WITH THE WOMEN'S REFUGE 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
,j 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.
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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.
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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
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AGREEMENT FOR HOUSING SERVICES
WITH THE WOMEN'S REFUGE Page 6
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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.
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
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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
ROBERT M. CHRISTOFFERSON,
City Manager
CONNIE STROHMAYER, City Clerk
SHASTA COUNTY WOMEN'S REFUGE
FORM APPROVED: n
By
faY-U-
MARJSTEQ4LL'
RANDALL A. HAYS, City Attorney Execive Di ctor
By
Cha' an of the Board
EXHIBIT "A"
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Scope of Work
The Scope of Work under this Activity shall consist of the provision of protective and counsel-
ing services to battered women and children and sexual assault victims over 14 years of age.
Community Development Block Grant funds shall be used for personnel costs associated with
the provision of the following services the Shasta County Women's Refuge offers, including,
but not limited to the following:
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1. Twenty-four hour crisis hotline (all programs).
2. Counseling, both individual and group.
3. A business center accessible to walk-in clients.
4. Emergency shelter for victims and their children.
5. Emergency food and clothing.
6. Emergency response to calls from law enforcement.
7. Hospital emergency room protocol and assistance.
8. Emergency transportation.
9. Counseling for children.
10. Court and social service advocacy.
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11. Legal assistance.
12. Community resource and referral assistance (all programs).
13. Household establishment assistance.
In addition, rape victims over 14 years old are offered the following:
1. Follow-up counseling within 48 hours.
2. In-person counseling as long as necessary.
1 3. Accompaniment services when requested by victim.
4. Advocacy services when requested by victim.
5. Community education.
6. Counseling with significant others when needed.
The specific goal of Women's Refuge is to provide victims with options that will improve their
lives and give them the motivation to go forward with their lives. Women's Refuge
anticipates serving 800 low-income City of Redding residents in the next year.
Provisions and Services
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j Provider is responsible for the following:
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1. Recruitment and training of all staff necessary to carry out the activity.
2. Submission of monthly reports to the City, which indicate the service level of the activity.
The necessary forms will be provided by the City.
Because of the existing working relationship between the Redding Police Department and the
Women's Refuge, it has been determined that it would be in the best interest of all concerned
that the administration of this Agreement be the responsibility of the Redding Police
Department. The contact person has been designated as Lieutenant Chuck Byard.
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EXHIBIT "B"
CDBG Income Guidelines:
Maximum Annual Income
Very Low Low
Family Size 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 1,879 36,100 3,008
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CDBG guidelines include all sources of income in the determination of Adjusted Gross
'i Income except for the following:
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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;
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d. Casual, sporadic, or irregular gifts;
e. Amounts that are specifically for or in reimbursement of the cost of medical
expenses;
'i f. Lump-sum additions to family assets, such as inheritances, insurance payments
(including payments under health and accident insurance and worker's
j 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.
D:\CD\EXH.B
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EXHIBIT "C" •
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• EXHIBIT "D" •
MONTHLY REPORT FOR USE OF
CITY OF REDDING CDBG FUNDS
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NAME OF PROVIDER: PROGRAM:
Contact Person/Title: Phone:
Accounting Period for this Report: through
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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): $
11. 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: (All 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 -a)
G. # Large Families (s+ Persons)
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I hereby certify the above to be true and correct, to the best of my knowledge.
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j (Signature) (Date)
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(Typed or Printed Name) (Title)
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D:\CD\EXH-D.93
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EXHIBIT "E"
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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
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instructions.
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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,
1 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
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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
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failure.
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DATE: 3 SIGNATURE: d (,
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