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HomeMy WebLinkAboutReso. 1990-409 - Agreement between the city of redding and the laubach literacy council RESOLUTION NO. 7 O `4/0 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. I g. 2. The City Manager of the City of Redding is hereby authorized and I . 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 ▪q 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: ,p AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton & Buffum II NOES: COUNCIL MEMBERS: None I, ABSENT: COUNCIL MEMBERS: MOSS ;I ABSTAIN: COUNCIL MEMBERS: None • NANf BI;JMa " r C. y oedding ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: ! ' • I DALL A. HAYS, Cit /Attorney C I �1 di I 411 110 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 19 , by and between the CITY OF REDDING, a municipal corporation, herein- after called "CITY" and the LAUBACH LITERACY COUNCIL OF SHASTA COUNTY, a II', 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 it WHEREAS, the CITY has allocated Community Development Block Grant I I' • funds to PROVIDER for the specific purposes set forth herein; and I { 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 11, supporting PROVIDER's delivery of services and programs to CITY's residents as set forth herein. i NOW, THEREFORE, it is mutually agreed by PROVIDER and CITY as follows: ill 1. PROVISIONS AND SERVICES. PROVIDER will render to City of Redding i, 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 I the event PROVIDER violates the provisions of this Agreement for any reason i . - 1 - 410 other than the occurrence of circumstances over which it can exercise no effective control and such violation shall not be cured or remedied within it thirty (30) days after notice thereof by CITY, in addition to any other A remedies provided for herein, CITY shall have the right to terminate this Agreement by written notice duly serviced upon PROVIDER. PROVIDER may term- , Ir" 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 1 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. , 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 II hereunder only to recipients meeting appropriate eligibility criteria under 1 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 $4,450.00. 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 ii. 11 1 expiration and any accounts receivable attributable to the use of CDBG funds. 5. PROGRAM INCOME. A. "Program Income" means amounts received by PROVIDER generated - 2 - I SII i t from the use of funds under the terms of this Agreement. It includes, but is 1 ' not limited to the following: II 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 IG" 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 jl activities as set out in the "Scope of Work" section of this Agreement. C. Program income earned shall be substantially disbursed to the Ilii 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 "C" is to be used by PROVIDER as a request for reimbursement. 11 1i - - 3 II • • „ 7. DOCUMENTS, REPORTS AND RECORDS. PROVIDER shall at all times main- tain a complete and current set of financial and statistical records of all Illi its activities, which shall include, but shall not be limited to, those I 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 "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 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 of or are related to the acts or omissions of the PROVIDER in any way relating to the subject matter of this Agreement. - 4 • • 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 P Agreement. CITY shall indemnify PROVIDER, its officers, boards and commissions, and all members thereof, its employees and agents, from any judgment rendered ,I';. against them or any sums paid out in settlement, or otherwise arising out of lily 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 $500,000 combined single limits. A 1 policy of workers compensation insurance meeting California statutory require- ments shall be obtained. A certificate of insurance evidencing such compre- hensive general liability insurance and workers compensation insurance shall I'. 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. I ', - 5 - ,, • 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. 1 B. PROVIDER shall comply with the requirements of Title 24, Part II 135, Employment Opportunities for Businesses and Lower-Income Persons in 1I 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 IG use of appropriated funds for lobbying purposes in connection with a specific di contract, grant, or loan. 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. E. No member of or Delegate to the Congress of the United States, 'I 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 func- I , 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 h . in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval pp of - 6 - • • i applications for additional assistance, or any other approval proval or concurrence I' of HUD required under this Agreement, Title I of the Housing and Community i 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. I. PROVIDER shall comply with the prevailing wage provisions of ;i 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- IV ment Block Grant funds. ,r J. 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 1 category are paid from CDBG funds. K. PROVIDER shall not discriminate against any person on the grounds of race, color, national origin, age, sex or religion, or against an Ir otherwise qualified handicapped individual. IL CITY OF REDDING i! ATTEST: By ROBERT M. CHRISTOFFERSON, City Manager ETHEL A. NICHOLS, City Clerk LAUBACH LITERACY COUNCIL FORM APPROVED: OF SHASTA COUNTY By RANDALL A. HAYS, City Attorney DOROTHY CUPP By ,I, Chairman of the Board - 7 - i ' 1I ii • • EXHIBIT "A" 11, j Scope of Work The Scope of Work under this Activityshall consist of the p provision of literacy services to residents in the City of Redding who do not read at the 6th grade reading level. 1 Community Development Block Grant funds shall be utilized for space rental, the purchase of books and materials, and advertising. This assistance shall assist the Laubach Literacy Council to maintain office space, generate the tI 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 232 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: I', 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 ,t, to participate in literacy training. C. Provision of the advertising and program development activities necessary to create community awareness, support, and participation in the program. I 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. rl 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. I'I' it • • EXHIBIT "B" I, 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 I 5 $16,050 $24,950 !I, 6 $17,250 $26,450 li 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; iu d. Casual, sporadic, or irregular p g gifts; � i 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. !•`a� • r �V i ` EXHIBIT "C" • MONTHLY REPORT FOR USE OF 1, CITY OF REDDING CDBG FUNDS 1NAME OF PROVIDER: PROGRAM: it iI Contact Person/Title: Phone: 1, 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: $ ;'i, C. Total gross expenditures this accounting Ii'. period (all funds) : $ D. Total gross expenditures year to date (all funds) $ ` E. Total CDBG funds committed this accounting period: $ IF. Total CDBG funds committed in previous 11' accounting periods: $ 4G. 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) : $ ifl:i 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 'i '� To Date Level Income Level Served to Date Income Level [' 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: H. D. # Elderly Households (Elderly = A household where at least one member is over 60 years old) '' E. # Disabled Households i . 1, F. # Small Families (1 - 4) ,i G. # Large Families (5+ Persons) • I I hereby certify the above to be true and correct, to the best of my knowledge. I .. (Signature) (Date) (Typed or Printed Name) (Title)