HomeMy WebLinkAboutReso. 1989-269 - Agreement between the city of redding and shasta legal center I 4 ,
RESOLUTION NO. v / -.2 /s)?
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE
AGREEMENT BETWEEN THE CITY OF REDDING AND SHASTA LEGAL CENTER OF NORTHERN
CALIFORNIA, 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 Shasta Legal Center of Northern
California providing for fair housing counseling for 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 15th day
of August , 1989, and was duly adopted at said meeting by the following
vote:
AYES: COUNCIL MEMBERS: Buffum, Dahl , Fulton, Johannessen, & Carter
NOES: COUNCIL MEMBERS: None.
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
,411d(
SCOTT CARTER, Mayor
City of Redding
ATTEST:
ETHEL A. NICHOLS, City Clerk
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FORM APPROVED:
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RAND, L A. HAYS, Ci y A orney
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AGREEMENT BETWEEN CITY OF REDDING
AND SHASTA LEGAL CENTER OF NORTHERN CALIFORNIA
FOR USE OF CDBG FUNDS
THIS AGREEMENT, made and entered into this g day of 17-liA
19 , by and between the CITY OF REDDING, a municipal corporation, herein-
after
called "CITY" and SHASTA LEGAL CENTER OF NORTHERN CALIFORNIA, 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, 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.
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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 May 18, 1988, and which is hereby incorporated by
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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, 1989 and ending August 31, 1990. 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
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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.
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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.
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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
$3,000.00.
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
it expiration and any accounts receivable attributable to the use of CDBG funds.
5. PROGRAM INCOME.
A. "Program Income" means amounts received by PROVIDER generated
li 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;
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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
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5. Interest earned on program income pending disposition of
such income; and
Ij6. 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
PP prior to requesting disbursement of additional funds from
CITY. PROVIDER shall show all program income generated using CDBG funds as
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adjustments on their requests for funds submitted to CITY.
D. In the event that PROVIDER is unable to expend all program
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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.
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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its activities, which shall include, but shall not be limited to, those
specifically set forth below or otherwise mentioned herein, and which shall in
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II 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
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the normal and usual business hours of PROVIDER. However, recognizing that
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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.
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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
an invoice for CDBG funds expended in the previous month. Any supporting
documents such as timecards, receipts, etc. , shall be attached to the monthly
reporting form. Provider shall also file Exhibit "D" "Annual Report for Use
of CDBG Funds," with the City no later than thirtydays(30) calendar da s after
the end of the City fiscal year (June 30th) .
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
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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.
II 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 omissions 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 anysums
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.
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CITY shall indemnify PROVIDER, its officers, boards and commissions,
and all members thereof, its employees and agents, from any judgment rendered
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{ 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
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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
policy of workers compensation insurance meeting California statutory require-
ments shall be obtained. A certificate of insurance evidencing such compre-
hensive
ompre-hensive general liability insurance and workers compensation insurance shall
be furnished to the City guaranteeing City 10 days notice of cancellation or
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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
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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
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
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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.
D. No member of or Delegate to the Congress of the United States,
and no Resident Commissioner shall be admitted to anyshare
or part of this
Agreement or to any benefit to arise from the same.
E. 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
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.
F. 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, 1
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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.
G. 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-
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ment Block Grant funds.
H. 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 PP Yemployees 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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I. 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
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ATTEST: By
ROBERT M. CHRISTOFi RSON, City Manager
it ETHEL A. NICHOLS, City Clerk
SHASTA LEGAL CENTER
OF NORTHERN CALIFORNIA
FORM APPROVED:
rJit BY it ; nL,[A...f Q icQ
RANDALL A. HAYS, City Attorney Chairman
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By -3 �r.v..crt 144 ,l1/1)60gS
President
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EXHIBIT "A"
Scope of Work
The Scope of Work under this Agreement shall consist of housing counseling and
referral services to residents of the Redding Community. In-depth counseling
will be provided, if necessary.
CITY funds shall be utilized for personnel costs and other related costs
associated with the operation of the housing counseling portion of this
program. A separate telephone line shall be installed for this program. The
name of the program will be listed in the telephone book under the title of
Housing Counseling and Referral Program to ensure that the community is aware !' I
the program is available.
The purpose of this activityis to
provide information to tenants, landlords,
and others concerned with housing-related issues. The service would include
fielding inquiries regarding discrimination, eviction, rent increases,
repairs, and deposits, as well as providing other general information and
referrals to appropriate agencies on housing related problems.
Services to be Provided:
PROVIDER shall be responsible for the following:
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A. Continued development and
p implementation of an information and referral
program for residents requesting fair housing related assistance.
B. Marketing the activity to ensure community awareness.
C. Designation and training of specific staff responsible for carrying out
the program on a daily basis.
D. It is the intent that the PROVIDER will provide "in-kind" assistance in
support of this program, such as office space, use of telephones and
other administrative assistance necessary to maintain a workable program
within the community.
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EXHIBIT "B"
CDBG Income Guidelines:
Family Size Maximum Annual Income
I 1 $ 15,950
2 18,250
3 20,500
4 22,800
5 24,250
6 25,650
7 27,100
8 28,500
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 I�
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
l CITY OF REDDING CDBG FUNDS
NAME OF PROVIDER: PROGRAM:
Contact Person/Title: Phone:
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Accounting Period for this Report: through
B
I. FINANCIAL STATUS
A. Total Program Budget (all funds) $
1! B. Total CDBG Funds Allocated for Operation
of this Program: $
C. Total gross expenditures this accounting
period (all funds): $ j
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
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B. Race: (All Households Served) White Black Native American Asian
C. Ethnic Status: (All Households Served) # Hispanic # Non-Hispanic
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D. # Female Head of Household
IF THIS IS A HOUSING RELATED ACTIVITY, PLEASE PROVIDE THE FOLLOWING:
E. # Elderly Households (Elderly = A household where at least one member is over 1
60 years old)
F. # Small Families (1 - 4)
G. # Large Families (4+ 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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EXHIBIT "D"
FAIR HOUSING ACITIVITY
ANNUAL REPORT
(For Period July 1 - June 30)
Total City of City of
Statistical Data County Redding Anderson
1. Total Clients Served:
2. Type of Client:
a) Landlord
b) Tenant
c) Other
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3. Type of Call:
a) Eviction
b) Repairs
c) Rent Increase
d) Park Tenant
e) Discrimination
f) Deposit
g) General Information
4. Income:
a) At or below lower income level
b) Over lower income level
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Please fill in #5 and #6 only for those at or below the lower income level.
5. Sex of head of household: k.
a) Male
b) Female
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l 6. Race of Caller:
a) White
b) Asian
c) Black
d) Hispanic
e) Native American
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