HomeMy WebLinkAboutReso 92-360 - Approving the agreement between the COR & the Laubach Literacy Council of Shasta Co RESOLUTION NO. nJ 60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE
AGREEMENT BETWEEN THE CITY OF REDDING AND THE LAUBACH LITERACY
COUNCIL OF SHASTA COUNTY, 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 the Laubach Literacy Council of Shasta County providing for literacy training services for the 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 & Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
CHARLIE MOSS, May r
ATTEST: City of Redding
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CONNIE STROH YER, City Clerk
FORM APPROVED:
RA�DALL A. HAYS, City Afiomey N
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AGREEMENT BETWEEN CITY OF REDDING
AND LAUBACH LITERACY COUNCIL OF SHASTA COUNTY
FOR USE OF CDBG FUNDS
THIS AGREEMENT, made and entered into this day of 919 by
and between the CITY OF REDDING, a municipal corporation, hereinafter called "CITY" and the
LAUBACH LITERACY COUNCIL OF SHASTA COUNTY, 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 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.
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 $4,000.00, 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. 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.
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
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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 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.
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.
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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 pro-
hibited 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.
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CITY OF REDDING
ATTEST: By
ROBERT M. CHRISTOFFERSON,
City Manager
CONNIE STROHMAYER, City Clerk
LAUBACH LITERACY COUNCIL
FORM APPROVED: OF SHASTA COUNTY
B
RANDALL A. HAYS, City Attorney 4ROTHY CU7
By
Chairman of the 13o
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EXHIBIT "A"
Scope of Work
The Scope of Work under this Activity shall consist of the provision of literacy services to residents
in the City of Redding who do not read at the 6th grade reading level.
Community Development Block Grant funds shall be utilized for the purchase of furniture, office
equipment, books and materials, and advertising. This assistance shall assist the Laubach Literacy
Council to maintain office space, generate the awareness needed to ensure the program runs
effectively, and make itself known throughout the community.
The Agency shall provide training to volunteers who serve as tutors to basic literacy students.
Materials and books shall be provided to students to enable them to participate in the program.
Approximately 200 City of Redding residents shall be receiving this service during the contract
period. This includes adults with reading skills below the 6th grade reading level, and non-English
speaking students who are learning to read English as a second language. The goal of the program
is to bring all students to a reading level above 6th grade.
Provisions and Services
PROVIDER shall be responsible for the following:
A. Training and development of volunteers to provide tutoring services to basic literacy students.
B. The purchase of books and related materials necessary to allow students to participate in
Iliteracy training.
C. Provision of the advertising and program development activities necessary to create community
awareness, support, and participation in the program.
D. Provision,of office/training space necessary to implement the literacy program. The office
shall remain open to the public between the hours of 8:30 a.m. and 5:00 p.m.
E. Submission of monthly reports to the City outlining service levels broken down by various
categories specified by the City. The necessary forms will be supplied by the City.
F. Provider will seek out and apply for all sources of funding currently available to be used to
supplement CDBG funds in the continued operation of the Literacy Training Program.
EXHIBIT "B"
CDBG Income Guidelines:
Maxim= Annual ]Income
Very Low LOW
Family Sipe 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
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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" •
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EXHIB
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#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 a -a)
G. # Large Families (s+ persona)
I hereby certify the above to be true and correct, to the best of my knowledge.
(Signature) (Date)
(Typed or Printed Name) (Title)
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: �5` /990? SIGNATURE:A�/_1�4to_��Z/ "
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