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HomeMy WebLinkAboutReso. 1988-020 - Approving the agreement between the city of redding and shasta county office of education . 4 RESOLUTION NO. g5-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND SHASTA COUNTY OFFICE OF EDUCATION FOR CHILD DEVELOPMENT PROGRAM CLASSROOM FACILITIES, AND AUTHORIZING THE MAYOR 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 County Office of Education, providing for child development program classroom facilities for the poor and disadvantaged citizens of the City of Redding. 2. The Mayor 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 Mayor 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 19th day of January , 1988, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Fulton , Gard , Johannessen , & Carter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Dahl ABSTAIN: COUNCIL MEMBERS: None a G%eW SCOTT CARTER, Vice Mayor City of Redding ATTEST: crezea ETHEL A. NICHOLS, City Clerk FORM APPROVED: "IF/ i. � .I_:.ahr-4r RA DALL A. HAYS, Cit/ Attorney \i Iv , • AGREEMENT BETWEEN CITY OF REDDING AND SHASTA COUNTY OFFICE OF EDUCATION FOR USE OF CDBG FUNDS THIS AGREEMENT, made and entered into this day of , 1988, by and between the CITY OF REDDING, a municipal corporation, hereinafter called "CITY" and SHASTA COUNTY OFFICE OF EDUCATION, hereinafter called "PROVIDER; " and WHEREAS, PROVIDER is organized under the laws of the State of California and qualifies 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. NOW, THEREFORE, it is mutually agreed by PROVIDER and CITY as follows: 1 . PROGRAMS AND SERVICES. PROVIDER will render to CITY' s residents services as set forth in attached Exhibit "A. " - 1 - i it 111 4 2. TERM/TERMINATION. The term of this Agreement shall begin on January 4, 1988 and ending on December 31, 2008 . 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 written 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 served upon PROVIDER. 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 acquisition of classroom facilities. PROVIDER shall install buildings on a permanent foundation meeting the standards established by the Uniform Building Code. B. PROVIDER shall render services only to recipients meeting appropriate eligibility criteria as established by CDBG guidelines as identified in Exhibit "B, " or such other guidelines as may be established by PROVIDER which do not contradict or conflict with Exhibit "B. " C. CITY shall pay to PROVIDER a sum not to exceed $63 , 562. - 2 - 4 4 . APPORTIONMENT OF FUNDS. A. Payment of said funds will be made in full, upon presentation by PROVIDER of evidence satisfactory to CITY of PROVIDER' s having paid necessary and actual costs of acquisition and installation of classroom facilities subject to the funding limits of this agreement. B. PROVIDER agrees to keep all necessary books and records in connection with this project in compliance with requirements of the Federal Office of Management and Budget Circular A-110. 5 . REPAYMENT OF FUNDS. If, the facilities purchased using CDBG funds cease to be used for the purposes identified in this Agreement, the monetary value established by a fair market value appraisal or pursuant to the depreciation schedule attached hereto as Exhibit "C, " whichever is greater, shall be paid by PROVIDER to CITY. If the value to be paid CITY is that represented by Exhibit "C," it shall be the value assigned to the year in which the effective date of change from approved use occurs. Market value or depreciated value, whichever is greater, shall as well be paid by PROVIDER to CITY as outlined above at the end of the term of this Agreement, if not previously terminated, unless facilities are continued to be used in the manner as defined in this Agreement in which case the term of this Agreement shall be renegotiated. - 3 - 410 IIM 6. DOCUMENTS, REPORTS AND RECORDS. PROVIDER shall maintain a complete and current set of financial and statistical records to include those specifically set forth below or otherwise mentioned herein, and which shall in particular reflect clearly the appli- cation and use of funds paid PROVIDER by CITY. All such records shall be subject to inspection or audit by City staff at any reasonable time during the normal and usual business hours of PROVIDER. CITY will maintain confidentiality of records and information and will not require a public record to be made or provided that will violate confidentiality requirements of PROVIDER. Any inspection or audit of financial and other files or records shall be made by CITY' s Housing Administrator or his/her designee. PROVIDER shall file Exhibit "D, " "REPORT FOR USE OF CITY OF REDDING CDBG FUNDS, " with CITY no later than thirty ( 30 ) calendar days after completion of the fiscal years ending June 30, 1988 and June 30, 1989. 7. 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 CITY, its officers, boards and commissions, and members thereof, its employees and agents harmless of and free from any and all liabilities which 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 - I �I . CITY shall hold PROVIDER, its officers boards and commis- sions, 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 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 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. 8. INSURANCE PROVISIONS. A. Worker' s Compensation, Liability and Property Damage Insurance. PROVIDER shall maintain Worker ' s Compensation Insurance and Public Liability at limits described herein. - 5 - II 411 !i • Public liability insurance shall be in the amount of $100,000 per person; $300, 000 per occurence; $50, 000 property damage; or $300,000 combined single-limit bodily injury and property damage. Said insurance coverage shall be evidenced by a certificate of insurance or such other form of documentation of coverage as may be acceptable to CITY. Said evidence of coverage shall be executed by an authorized official of the insurer(s) . The cert- ificate or other documentation shall also name the City of Redding, its commissions, officers, employees and agents as additional insureds under the coverage afforded, that the coverage afforded is primary to any and all other coverages which may be available to CITY in connection with this Agreement, and that the insurer(s) will provide to CITY at least thirty ( 30) days prior notice of cancellation or material change in coverage. 9. 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 PROVIDER' s own cost and expense any and all permits, applications or other requirements in connection there- with. 10. CONDITIONS OF AGREEMENT. A. PROVIDER shall comply with the requirements of Title 24 , Part 135 , Employment p yment Opportunities for Businesses and Lower- Income Persons in Connection with Assisted Projects . - 6 - • • { B. 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. C. 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 functions or responsibilities with respect to the program during his tenure or for one year there- after 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. D. 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 Agree- ment, 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 prohibited if otherwise eligible as program costs . 1 - 7 - • • II E. PROVIDER shall comply with the prevailing wage provi- sions of the Davis - Bacon Act. F. 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 ATTEST: By MIKE DAHL, Mayor ETHEL A. NICHOLS, City Clerk SHASTA COUNTY OFFICE OF EDUCATION FORM APPROVED: �`- BY 5-Y77,-ca_e_e-. __-) By RANDALL A. HAYS, City Attorney - 8 - II • • EXHIBIT "A" The PROVIDER agrees to provide child-care services to low-income children whose parents work or are in training programs leading to employment. Without child-care facilities, many of these parents would be unable to meet their employment obligations, thus causing an increased dependency on state welfare. Recently, the PROVIDER faced possible closure due to the loss of the facility they have had since 1968. The CITY has agreed to provide CDBG funds to assist with the purchase of two classroom facilities to be located at Lassen View School. The CITY will not be responsible for any costs attributed to moving expenses, or any construction costs such as sewer and electrical hook up. The goals of the program are as follows: 1. Provide quality child care to low-income families. 2. Ensure parents are not displaced from employment P p yment due to lack of child-care facilities. 3 . Ensure facilities meet licensing criteria established by the state pertaining to space and physical requirements. • EXHIBIT "B" CDBG Income Guidelines: Family Size Maximum Annual Income 1 $ 13 ,900 2 15,900 3 17 ,850 4 19, 850 5 21, 100 6 22, 350 7 23 , 550 8 24,800 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. i Y ,, , . III III 'I Exhibit "C" DEPRECIATION SCHEDULE Year Percentage Value 1988 100% 1989 780 $63 , 562 49,649 1990 75% 47 , 672 1991 72% 45,765 1992 68% 43 ,222 1993 64% 40 , 680 1994 60% 38, 137 1995 56% 35,595 1996 52% 33 , 052 1997 47% 29,874 1998 42% 26,696 1999 37% 23 ,519 2000 32% 20, 340 2001 27% 17,161 2002 22% 13 ,984 2003 17% 10, 806 2004 13% 8, 263 , 2005 7% 4 ,449 2006 4% 2, 542 2007 2% 1, 271 2008 1% 636 2009 0% 0 , it • • EXHIBIT "D" REPORT FOR USE OF CITY OF REDDING CDBG FUNDS NAME OF PROVIDER: Contact Person/Title: Phone: Accounting Period for this Report: through 1 . Total clients served: ( 100%) (a) City of Redding residents ( %) (b) Non-City of Redding residents ( %) 2. For all Served: Total Total Income Households Persons ( 1) At or below lower-income level: ( 2) Over lower-income level: 3 . For all those served at or below lower- income level: Sex of Head of Household ( 1 ) Male ( 2) Female Minority Status of Head of Household ( 1 ) White ( 3 ) Black ( 5) Native American ( 2) Asian ( 4 ) Hispanic ( 6 ) Other I hereby certify the above to be true and correct, to the best of my knowledge. (Signature) (Date) (Typed or Printed Name) (Title)