HomeMy WebLinkAboutReso 92-358 - Approve agreement between the COR & Shasta Senior Nutrition Program for Emergency Food Assistance Services RESOLUTION NO.9 2—3 �
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE
AGREEMENT BETWEEN THE CITY OF REDDING AND SHASTA SENIOR NUTRITION
PROGRAM FOR EMERGENCY FOOD ASSISTANCE 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 Senior Nutrition Program providing for transportation and purchase of food for the Emergency Food
Assistance Program for the poor and disadvantaged 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 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 18th day of August, 1992, and was duly adopted at said meeting by the
following vote:
AYES: COUNCIL MEMBERS: Anderson, Arness, Dahl, Kehoe & 14oss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
CHARLIE MOSS, Mayor
ATTEST: City of Redding
CONNIE STROHMAYER, City Clerk
FORM APPROVED:
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DALL A. HAYS, dity A orney
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AGREEMENT BETWEEN CITY OF REDDING
AND SHASTA SENIOR NUTRITION PROGRAM
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 SHASTA
SENIOR NUTRITION PROGRAM, 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 United States 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 March 13, 1992, and which is hereby
incorporated by reference as if set forth in full.
II. TERMITERMINATION.
The term of this Agreement shall be for the 12-month period beginning September 1, 1992
and ending August 31, 1993. 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.
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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 $8,000.00, as identified in
Exhibit "C," for services set forth in Exhibit "A."
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.
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.
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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. APPORY70NMENT 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.
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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 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.
i 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 ommissions 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$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.
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.
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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, 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.
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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 SENIOR NUTRITION PROGRAM
FORM APPROVED: '
By
RANDALL A. HAYS, City Attorney VIRGIN WEBSTE
Representative of the Board
C:\CD\SSNP.AGR
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EXHIBIT "A"
Scope of Work
The Scope of Work under this Activity shall consist of the provision of a food collection and
distribution program for low-income families.
Community Development Block Grant funds shall be used specifically for the purchase of food. The
j Food Bank Coordinator shall be responsible for carrying out the objectives of this project, under the
supervision of the Project Director.
This ongoing project shall help alleviate the hunger problem facing many individuals in the City of
Redding by distributing approximately 3 days supply of food once a month to qualified individuals.
This will enable them to receive nourishment while seeking a permanent solution to their particular
situation.
It is anticipated that approximately 401 unduplicated families representing 8,360 individuals per
month will receive food as supplies allow during the contract period.
Provisions and Services
Provider will be responsible for the following:
A. Recruitment and training of staff, both paid and volunteer, necessary to implement the activity.
B. Coordination with all local and out-of-the-area suppliers of low-cost food products in order to
acquire the most economical food sources available.
C. Submission of monthly reports to the City outlining service levels on the activity. The
necessary forms will be provided by the City.
D. Provider will seek out and apply for all sources of funding currently available in order to
supplement CDBG funds in the continued operation of the activity.
EXHIBIT "B"
CDBG Income Guidelines:
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Maximum Annual Income
i
Very Low LOW
IFamily 3=' Year Month Year Month
1 11,200 933 17,900 1,492
2 12,800 1,067 20,500 1,708
3 14,400 1,200 23,050 1,921
4 16,000 1,333 25,600 2,133
5 17,300 1,442 27,650 2,304
6 18,550 1,546 29,700 2,475
7 19,850 1,654 31,750 2,646
8 21,100 1,758 11 33,800 2,817
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;
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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" •
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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: $
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): $
H. SERVICE LEVELS (Year-To-Date)
A. Total # Total# Total# Total #Households Total #Households
Households Households Households that are COR that are COR Residents
Served at Low Income Very Low Residents at Low
To Date Level Income Level Served to Date 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 (1 -a)
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)
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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 -ontract, 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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