HomeMy WebLinkAboutReso. 1990-408 - Agreement between the city of redding and shhasta senior nutrition •
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RESOLUTION NO. 19O'�/OSK
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
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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
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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 21st day
of August , 1990, and was duly adopted at said meeting by the following
vote:
AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton & Buffum
NOES: COUNCIL MEMBERS: None
pj ABSENT: COUNCIL MEMBERS: Moss
ABSTAIN: COUNCIL MEMBERS: None
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1 CY13' F M, My'y'r
ity.' Redding
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ATTEST:
i '1, ETHEL A. NICHOLS, City Clerk
1 FORM APPROVED:
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RAN4ALL A. HAYS, C ty torney
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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, herein-
after 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
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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
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City from HUD; and
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1IWHEREAS, 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
12-month period beginning September 1, 1990 and ending August 31, 1991. In
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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
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Agreement by written notice duly serviced upon PROVIDER. PROVIDER may term-
inate 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
ji City of Redding residents, i.e. , persons living within the corporate limits of
I 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
$9,500.00.
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.
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410411,5. 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
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not limited to the following:
'1 1. Proceeds from the disposition by sale or long-term lease
of real property purchased with CDBG funds;
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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
such income; and
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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.
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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
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.
il! A. Payment of said funds will be made in accordance with a
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schedule established by the Finance Director of the City of Redding. Exhibit
"C" is to be used by PROVIDER as a request for reimbursement.
7. DOCUMENTS, REPORTS AND RECORDS. PROVIDER shall at all times main-
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tain 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,
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will at all times maintain said confidentiality and will not require a public
d, 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.
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Specifically, PROVIDER shall file Exhibit "C," "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
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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.
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
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of or are related to the acts or omissions of the PROVIDER in way relating
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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.
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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
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q' 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
ii any act or omission of CITY in any way relating to the subject of this
Agreement.
{{I` 9. INSURANCE PROVISIONS. PROVIDER shall obtain comprehensive general
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liability insurance naming the City, its officers, agents and employees as
additional insureds in the amount of $500,000 combined single limits. A
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policy of workers compensation insurance meeting California statutory require-
i, ments shall be obtained. A certificate of insurance evidencing such compre-
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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. •
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.
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I 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.
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.
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To this effect, PROVIDER further agrees to execute Exhibit "D,"
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.
II'I 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
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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
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
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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 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.
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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
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r ATTEST: By
ROBERT M. CHRISTOFFERSON, City Manager
ETHEL A. NICHOLS, City Clerk
SHASTA SENIOR NUTRITION PROGRAM
FORM APPROVED:
By
RANDALL A. HAYS, City Attorney VIRGINIA WEBSTER
By
Representative of the Board
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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, as well as gas costs necessary to travel to outlying areas
to collect both purchased and donated food. The 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 110 unduplicated families representing
385 individuals per month will receive food as supplies allow during the
Iff contract period.
Provisions and Services
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Provider will be responsible for the following:
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III, 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
1, food products in order to acquire the most economical food sources
4 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
II ' available in order to supplement CDBG funds in the continued operation of
the activity.
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•EXHIBIT "B"
CDBG Income Guidelines:
Family Size Maximum Annual Income
Very Low Low
1 $10,400 $16,450
2 $11,900 $18,800 •
3 $13,350 $21,150
4 $14,850 $23,500
5 $16,050 $24,950
6 $17,250 $26,450
7 $18,400 $27,950
8 $19,600 $29,400
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"
MONTHLY REPORT FOR USE OF
CITY OF REDDING CDBG FUNDS
NAME OF PROVIDER: PROGRAM:
i Contact Person/Title: Phone:
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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
, 111 Households Households Households that are COR COR Residents
1111 Served at Low Income Very Low Residents at Low
To Date Level Income Level Served to Date Income Level
cul B. Race/Ethnic Status: (Should Total All Households Served)
White Black Native American Asian 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)
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