HomeMy WebLinkAboutReso. 1990-406 - Agrement between the city of redding and the salvation army 1
RESOLUTION NO. 2a-qQ(c,
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
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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 21st day
of August , 1990, and was duly adopted at said meeting by the following
vote:
II' AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton & Buffum
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Moss
ABSTAIN: COUNCIL MEMBERS: None
' A C jB �=:UM, : or
City . Redding
ATTEST:
;4.e 77.4dired
ETHEL A. NICHOLS, City Clerk
1,.
FORM APPROVED:
RA PALL A. HAYS, Cit /Attorney
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AGREEMENT BETWEEN CITY OF REDDING
AND THE SALVATION ARMY
FOR USE OF CDBG FUNDS
THIS AGREEMENT, made and entered into this day of
'i 19 , by and between the CITY OF REDDING, a municipal corporation, herein-
il after 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
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follows:
Ir 1. PROVISIONS AND SERVICES. PROVIDER will render to City of Redding
residents services as set forth in attached Exhibit "A," and as represented in
it
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, 1990 and ending May 31, 1991. In the
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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
homeless persons residing within the corporate limits of the City of Redding.
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 who are homeless as determined by the PROVIDER.
E. The CITY shall pay to the PROVIDER a sum not to exceed
$11,850.00 for services set forth in Exhibit "A."
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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
1' from the use of funds under the terms of this Agreement. It includes, but is
not limited to the following:
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1. Proceeds from the disposition by sale or long-term lease
of real property purchased with CDBG funds;
'I. 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
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such income; and
6. Fees charged to clients in conjunction with the provisions
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of services and/or financing assisted with CDBG funds.
B. Program income may be retained by PROVIDER and used for those
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activities as set out in the "Scope of Work" section of this Agreement.
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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
II! adjustments on their requests for funds submitted to CITY.
II 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
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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
"B" is to be used by PROVIDER as a request for reimbursement.
7. DOCUMENTS, REPORTS AND RECORDS. PROVIDER shall at all times main-
tain a complete and current set of financial and statistical records of all
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G its activities, which shall include, but shall not be limited to, those
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, s, pecifically set forth below or otherwise mentioned herein, and which shall in
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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
!I' PROVIDER may from time to time render services to recipients which are highly
H 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
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requirements of PROVIDER. Any inspection or audit of both financial and non-
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financial files shall be made by the Housing Administrator or his/her designee.
Specifically, PROVIDER shall file Exhibit "B," "MONTHLY REPORT FOR
!IF
USE OF CDBG FUNDS," with the CITY no later than 30 calendar days after the
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completion of the previous month. This Exhibit shall be submitted monthly as
F 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.
II In providing its services, PROVIDER will act as an independent
I? . 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
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H 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
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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
'I` 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
j� additional insureds in the amount of $500,000 combined single limits. A
policy of workers compensation insurance meeting California statutory require-
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, ' ments shall be obtained. A certificate of insurance evidencing such compre-
61;: hensive 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.
II 10. LEGAL COMPLIANCES. PROVIDER shall at all times during the term of
this Agreement comply with all legal requirements, including any applicable
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Federal, State or City regulations, and shall secure at its full cost and
expense any and all permits, applications or other requirements in connection
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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
I ' 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
t,; specific contract, grant, or loan.
To this effect, PROVIDER further agrees to execute Exhibit "C,"
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
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it Agreement or to any benefit to arise from the same.
II 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 func-
tions or responsibilities with respect to the program during his tenure or for
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j 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
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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 Develop-
ment
Block Grant funds.
'I 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
u
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
gpublic 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
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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 religiousinstruction 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
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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.
Ii CITY OF REDDING
ATTEST: By
II' ROBERT M. CHRISTOFFERSON, City Manager
II ETHEL A. NICHOLS, City Clerk
THE SALVATION ARMY
FORM APPROVED:
By
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RANDALL A. HAYS, City Attorney Executive Director
By
Chairman of the Board
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EXHIBIT "A"
Scope of Work
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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
d' Street, in the City of Redding. The shelter will be open typically December
I! 1, 1990 through March 31, 1991, however, if the need arises due to unusually
inclement weather conditions, it could open earlier than 12-1-90 or stay open
longer than March 31, 1991.
II 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 1100 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
H. well as shelter to the activity's participants.
I 3. Provider will submit to the City a comprehensive report before the end of
l' 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
I!" operation of the shelter.
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EXHIBIT "B"
MONTHLY REPORT FOR USE OF
CITY OF REDDING CDBG FUNDS
NAME OF PROVIDER: PROGRAM:
Contact Person/Title: Phone:
Accounting Period for this Report: through
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I 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) $
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E. Total CDBG funds committed this accounting period: $
F. Total CDBG funds committed in previous
' accounting periods: $
Ij G. Total CDBG funds committed year to date (E + F) : $
' H. CDBG funds received year to date: $
I' 11 I. CDBG funds due at end of this accounting
I period (G - H) : $
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1$: II. SHELTER REPORT (for reporting period only)
A. Individuals Housed in Shelter Number Shelter Days
Men in Shelter
Women in Shelter
t', Children in Shelter (17 yrs. & under)
Total in Shelter
III. SERVICE LEVELS (Year-To-Date)
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A. Total # Unduplicated Households Serve To Date:
B. Family Status: (Unduplicated Numbers)
Female Head of Household Other Families Total Families
C. Race/Ethnic Status: (Should Total All Households Served)
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White Black Native American Asian Hispanic
I hereby certify the above to be true and correct, to the best of my knowledge.
ip (Signature) (Date)
(Typed or Printed Name) (Title)
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