HomeMy WebLinkAboutReso. 1989-378 - Approving the agreement between the city of redding and people of progress for emergency • 4
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RESOLUTION NO. 5j9.3 7Sl
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE
AGREEMENT BETWEEN THE CITY OF REDDING AND PEOPLE OF PROGRESS FOR
EMERGENCY FOOD SERVICES, 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 People of Progress providing for
emergency food services to the poor and disadvantaged 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 �I
a regular meeting of the City Council of the City of Redding on the 7th day
of November , 1989, and was duly adopted at said meeting by the following
vote:
AYES: COUNCIL MEMBERS: Buffum, Dahl , Johannessen, & Carter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Fulton
.ABSTAIN: COUNCIL MEMBERS: None
SCOTT CARTER, Mayor
City of Redding
ATTEST:
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ETHEL A. NICHOLS, City Clerk
FORM APPROVED:
RAMA L A. HAYS, City At rney
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AGREEMENT BETWEEN CITY OF REDDING
AND PEOPLE OF PROGRESS
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 PEOPLE OF PROGRESS, a California non-profit corpora-
tion, 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 p 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.
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 September 6, 1989, 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 November 1, 1989 and ending October 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
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
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Agreement by written notice duly serviced upon PROVIDER. PROVIDER may term-
inate this 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
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shall be subject to the following terms and conditions:
A. Any funds paid to PROVIDER shall be used solely for the purposes _ _
IIset 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
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the CITY. I!
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
$5,500.00.
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.
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 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;
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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
"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
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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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 servicesto recipients which are highly
personal and confidential in nature, the CITY, in its dealings with PROVIDER,
will at all times maintain said confidentialityand will not require quire 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
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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.
S. HOLD HARMLESS CLAUSE.
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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
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
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
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 $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
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 g by the City Risk Manager.
10. LEGAL COMPLIANCES. PROVIDER shall at all times during the term of
this Agreement comply with all legal requirements,quirements, 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.
C. PROVIDER shall comply with the re
P Y 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 any share 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
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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.
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-
ment Block Grant funds.
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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 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.
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.
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
g' 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 p yment 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 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; the portion of a
facilityused to
provide public services assisted in whole or in part under ,I
this Agreement shall contain no sectarian or religious symbols or decorations;
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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 1
which the public services are to be provided; Provided that, minor repairs may I
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.
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II CITY OF REDDING
ATTEST: By
ROBERT M. CHRISTOFFERSON, City Manager
ETHEL A. NICHOLS, City Clerk ;'
• PEOPLE OF PROGRESS I
FORM APPROVED: /1
)44:d (cvtaii
RANDALL A. HAYS, City Attorney ANNE M. W :::2Director
ByChaff an of the Board /
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EXHIBIT "A"
Scope of Work
The Scope of Work under this Agreement shall consist of providing City of
Redding residents, identified as needy, with emergency food supplies.
Community Development Block Grant funds will be used specifically for purchase
of emergency foods. Staff to provide services are already in place. They
will conduct client screening, nutritional and budget counseling, food
delivery, and maintain all records necessary to insure grant and fiscal
accountability.
Although People of Progress is the agency receiving CDBG funds for emergency
food, they are actually representing not only themselves, but two other food
providers as well, Salvation Army and St. Joseph's Food Locker. Together, the
three Redding based providers will ensure the individuals needing food
assistance will receive it. All three agencies shall adhere to the City's
reporting requirements, so adequate records can be kept on how CDBG funds are
used.
This ongoing service shall help alleviate the hunger problem facing many
families and individuals in the Redding area. This problem has increased
dramatically over the last year and it is now necessary for People of Progress
to seek City assistance to lessen the impact while they develop a long-term
solution to this problem. On an individual level, this will enable the hungry
to receive nourishment while theyseek a permanent solution to their
particular situation. '
Approximately 16,500 individuals will receive food as supplies allow.
Progress will be measured by compilation of monthly data stating total number
of recipients, as well as types of food distributed and total poundage '
collected and disbursed.
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EXHIBIT "B"
CDBG Income Guidelines:
Family Size Maximum Annual Income
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2 $ 15,950
18,250
3 20,500
422,800
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; ;l
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
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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: $ ,I
F. Total CDBG funds committed in previous jl
accounting periods: $ f
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: (All Households Served) White Black Native American Asian
C. Ethnic Status: (All Households Served) # Hispanic # Non-Hispanic
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
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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