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HomeMy WebLinkAboutReso. 1988-283 - Approving the agreement between the city of redding and shasta senior nutrition program !II 411 RESOLUTION NO. mjr5 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 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 Senior Nutrition Program providing for transportation for the Emergency Food Assistance Program 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/g eeting of the City Council of the City of Redding on the 18th day of August , 1988, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Dahl, & Johannessen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Carter & Fulton ABSTAIN: COUNCIL MEMBERS: None (/'/ LK��: MAURICf JOHANNESSEN, Mayor T_ity,iof Redding ATTEST: • ETHEL A, NICHOL_, City Clerk FORM APPROVED: i4IRANDALL A. HAYS, City Attorney f�1 \J4 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 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 February 10, 1988, 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, 1988 and ending August 31, 1989. 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 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 - 1 - • • 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 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 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 $1,000.00. 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 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; - 2 - • • 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 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 - 3 - 4 i 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. 8. HOLD HARMLESS CLAUSE. In providing its services, PROVIDER will act as an independent contractor and noofficer 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. PROVIDER shall indemnify CITY, its officers, boards and commissions, and all members thereof, its employees and agents, from any judgment rendered - 4 - • • 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 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. 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. - 5 - • • 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 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 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. 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 - 6 - • III 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. CITY OF REDDING ATTEST: By K. MAURICE JOHANNESSEN, Mayor ETHEL A. NICHOLS, City Clerk SHASTA SENIOR NUTRITION PROGRAM l'; ///-FORM APPRO D: / / -11' / X7V7'.;17Z- BY .1 Lig. 1,a2 / / i . IMP ir7RANDALL A. HAYS, City Attorney VIRGINII COLLINS WEBSTER 9 BY t--a'c—Lr C7<g .--!--e_A ) Chairman of the Board - 7 - • • EXHIBIT "A" The Scope of Work under this Activity is a food collection and distribution program for low-income families. Community Development Block Grant funds shall be used specifically for gas costs necessary to travel to outlying areas to collect donated food. As with all programs operated by Shasta Senior Nutrition Programs, Inc. , volunteers are an important part of this project. The Food Bank Coordinator would be responsible for carrying out the objectives of this project, under the super- vision 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 to qualified individuals. This will enable them to receive nourishment while seeking a permanent solution to their particular situation. Approximately 101 unduplicated families representing 366 individuals per month 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. • • EXHIBIT "B" CDBG Income Guidelines: Family Size Maximum Annual Income 1 $ 15,100 2 17,300 3 19,450 4 21,600 5 22,950 6 24,300 7 25,650 8 27,000 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. . • • • EXHIBIT "C" MONTHLY REPORT FOR USE OF FUNDS 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: $ 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 A. Total # Clients Total # Clients Total # COR Total # COR Served @ or Below Residents Residents To Date Lower Income Served @ or Below Level To Date Lower Income Level B. Race: (Redding) White Black Native American Asian (Remainder of County) White Black Native American Asian C. Ethnic Status: (Redding) # Hispanic # Non-Hispanic (Remainder of County) # Hispanic # Non-Hispanic D. Sex: (Redding) # Female # Male (Remainder of County) # Female # Male I hereby certify the above to be true and correct, to the best of my knowledge. (Signature) (Date) (Typed or Printed Name) (Title)