HomeMy WebLinkAboutReso 91-338 - Approve agreement between COR & Salvation Army to provide assistance to Homeless Persons RESOLUTION NO. �� a
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND THE
SALVATION ARMY TO PROVIDE ASSISTANCE TO HOMELESS PERSONS,
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 Salvation Army providing for assistance to
homeless persons including a seasonal emergency shelter.
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 20th day of
August, 1991, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Buffum, Fulton, Moss & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
MIKE DAHL, Mayor
City of Redding
ATTEST:
ETHEL A. NICHOLS, City Clerk
FORM APPROVED:
TDA=LLA. AYS, Cit Attorney W
W
0 ,
AGREEMENT BETWEEN CITY OF REDDING
AND THE SALVATION ARMY
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 SALVATION ARMY, 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:
1. 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 12, 1990, and which is hereby incorporated by reference
as if set forth in full.
2. TERM/TERMINATION. The term of this Agreement shall be for the 6-
month period beginning December 1, 1991 and ending May 31, 1992. 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
serving thirty (30) days written notice to CITY of intent to terminate services.
3. 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. , person 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
$13,200.00, as identified in Exhibit "C," for services set forth in Exhibit "A."
4. 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.
5. 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
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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
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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.
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.
6. 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.
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7. 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.
8. 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.
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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.
9. 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.
10. 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.
11. 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.
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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
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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.
12. ADDITIONAL REQUIREMENTS. In addition to, and not in substitution
for, other provisions of this Agreement regarding the provision of public services
with CDBG funds, pursuant to Title I of the Housing and Community Development
Act of 1974, as amended, the Provider:
A. Represents that it is, or may be deemed to be, a religious or
denominational institution or organization or an organization operated for religious
purposes which is supervised or controlled by or in connection with a religious or
denominational institution or organization;
B. Agrees that, in connection with such public services: it will not
discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons
on the basis of religion; it will not discriminate against any person applying for such
public services on the basis of religion and will not limit such services or give
preference to persons on the basis of religion; it will provide no religious instruction
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or counseling, conduct no religious worship or services, engage in no religious
proselytizing, and exert no other religious influence in the provision of such public
services; and the funds received under this Agreement shall not be used to
construct, rehabilitate, or restore any facility which is owned by the Provider and
in which the public services are to be provided; Provided that, minor repairs may
be made if such repairs (1) are directly related to the public services, (2) are
located in a structure used exclusively for non-religious purposes, and (3)
constitute in dollar terms only a minor portion of the CDBG expenditure for the
public services.
CITY OF REDDING
ATTEST: By
ROBERT M. CHRISTOFFERSON,
City Manager
ETHEL A. NICHOLS, City Clerk
THE SALVATION ARMY
FORM APPROVED:
By
RANDALL A. HAYS, City Attorney Executive Director
B 6- U,
Chair an of the Board
C:\CD\SA.AGR
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EXHIBIT "A"
Scope of Work
The Scope of Work under this Activity shall consist of the provision of a seasonal
homeless shelter for homeless individuals and families in the City of Redding. The
shelter will be located at the National Guard Armory, 3025 South Street, in the City
of Redding. The shelter will be open typically December 1, 1991 through March 31,
1992, however, if the need arises due to unusually inclement weather conditions, it
could open earlier than 12-1-91 or stay open longer than March 31, 1992.
Community Development Block Grant funds will be utilized for personnel costs,
laundry costs, as well as storage shed rental costs associated with running the
shelter. It is anticipated that 2,500 homeless individuals will benefit from this
activity during the contract period.
Provisions and Services
Provider will be responsible for the following:
1. Recruitment and training of staff to supervise the shelter activities.
2. Cooperation and coordination with other community service providers in order
to provide food, clean clothing, baths and medical assistance, as well as
shelter to the activity's participants.
3. Provider will submit to the City a comprehensive report before the end of the
contract period, but after the shelter has closed for the season, detailing
shelter accomplishments and service levels for the season.
4. Provider will attempt to seek out and apply for all sources of funding
currently available to be used to supplement CDBG funds in the continued
operation of the shelter.
EXHIBIT "B"
CDBG Income Guidelines:
Family Size Maximum Annual Income
Very Low Low
Year Month Year Months
1 11,000 917 17,600 1,467
2 12,550 1,046 20,100 1,675
3 14,150 1,179 22,600 1,883
4 15,700 1,308 25,100 2,092
5 16,950 1,413 27,150 2,263
6 18,200 1,517 29,150 2,429
7 19,450 1,621 31,150 2,596
8 20,700 1,725 33,150 2,763
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 "D" i
ATHLY 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)
Total # Total # House-
A. Total # Total # Total # Households holds that are
Households Households Households that are COR 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 - 4)
G. # Large Families (5+ Persons)
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 enterin
g 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 coopera
tive 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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