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HomeMy WebLinkAboutReso. 1987 - 199 - Agreement between the city of redding and shasta county women's refuge inc . . 411 RESOLUTION NO. .37- 199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE FEDERAL EMERGENCY SHELTER GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF REDDING AND SHASTA COUNTY WOMEN' S REFUGE, INC. FOR THE RENOVATION OF THE WOMEN' S REFUGE SHELTER, 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 the Shasta County Women' s Refuge, Inc. 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 intro- duced and read at a regular meeting of the City Council of the City of Redding on the 7th day of July, 1987 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Fulton, Gard, Johannessen, & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None MIKE DAHL, Mayor City of Redding ATTEST: • e:ezia.7zeze-d ETHEL A. NICHOLS, City Clerk FORM APPROVED: RA0DALL A. HAY , ty Attorney 00 - 1 - • 411 FEDERAL EMERGENCY SHELTER GRANTS PROGRAM SUBGRANTEE AGREEMENT THIS AGREEMENT, entered into this day of 1987, by and between the CITY OF REDDING, hereinafter called the "City, " and the SHASTA COUNTY WOMEN' S REFUGE, INC. , hereinafter called "Women' s Refuge" : WITNESSETH: WHEREAS, the City, as a general law City of the State of California, has the power and authority to provide emergency shelter assistance in the form of a grant under the State of California Department of Housing and Community Development (HCD) Federal Emergency Shelter Grants Program ( #87-FESG-004 ) to qualified subgrantees of the City of Redding; and WHEREAS, the Women' s Refuge is a non-profit California corporation with its principal place of business located in the City of Redding, engaged in the social service of rendering emergency shelter services to any and all citizens in the City of Redding requesting such service; and WHEREAS, the Women' s Refuge has demonstrated a need for financial assistance for the renovation and expansion of the existing shelter facility; and WHEREAS, this agreement provides official notification of the grant award under the City' s administration of the Federal Emergency Shelter Grants Program for Non-entitlement jurisdic- tions pursuant to the provisions of Section 101(g) , Public_ Law 99-500, 24 CFR Part 575 , and California Health and Safety Code 50406 . NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. The above recitals are true and correct. 2. In accepting this grant award, the Women' s Refuge agrees to comply with the terms and conditions of Exhibit A, Standard Agreement, State of California Housing and Community Development -- Contract Number 87-FESG-004 and all attachments hereto, the representations contained in the Women' s Refuge application (hereinafter "the Application" ) , which is hereby incorporated by reference as if set forth in full, and the requirements of the authorities cited above. 3 . The City shall pay to the Women' s Refuge, the sum of Thirty Thousand and 00/100 Dollars ( $30 ,000 ) in consideration of successful progress and completion of the renovation of the Women' s Refuge shelter facility and in accordance with the terms and conditions of Exhibit A. - 1 - . . - 4. All renovation work shall be completed by September 30, 1987, in accordance with the approved milestones in the applica- tion. Milestones may be adjusted by written consent of the City of Redding and do not require amendment of this agreement. This agreement shall expire on March 31 , 1988. 5. Unless otherwise approved, funds paid hereunder shall be deposited in a Redding bank with fiscal control as approved by the Finance Director. 6. Upon ten days notice, the Women' s Refuge covenants and agrees to provide to City all its books and records of accounts showing its sources of income and all its expenditures and costs of operation. 7. The City shall retain ultimate control over matters involving the exercise of judgement and discretion in carrying out the intended renovation project to be assisted ,by these funds. 8 . No portion of the funds herein provided by City to the Women' s Refuge shall be used for purposes other than those agreed to herein. 9. No provision herein shall conflict or override the Federal or State statutes and regulations which control the renovation of the Women' s Refuge facility. 10 . Women' s Refuge 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. 11 . In carrying out the renovation, Women' s Refuge will act as an independent contractor and no officer or employee of Women' s Refuge will be deemed a City officer or employee for any purpose. Women' s Refuge shall maintain Workmen' s Compensation insurance and public liability insurance during the term of this agreement and, prior to the payment by City of any funds, shall provide to the City Clerk of the City of Redding a certificate evidencing the existence of such Workmen' s Compensation insurance and a certificate evidencing such public liability insurance, in amounts as follows: $100 , 000 per person and $300, 000 per occurrence, public liability; and $50, 000 property damage. 12 . In the event Women' s Refuge violates the provisions of this agreement for any reason other than the occurrence of cir- cumstances over which it can exercise no effective control and such violation shall not be cured or remedied within sixty ( 60 ) days after 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 serviced upon Women' s Refuge. - 2 - . • - . • • 13 . 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. 14. No member, officer, or employee of the City of Redding, or its designees or agents, no member 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 the Agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first written above. CITY OF REDDING ATTEST: By ETHEL A. NICHOLS, City Clerk MIKE DAHL, Mayor City of Redding FORM APPROVED: 131111 RANDALL A. HAYS, City Attorney J,1 ES HOLDRIDGE, C Orman S . sta County Wo en' s Refuge, Inc. - 3 - • " EXHIBIT "A" • STANDARD AGREEMENT — ORNE0 GENERAL '�BY THE 7-7 CONTRACTOR STATE OF CALIFORNIA w���/�� 5 VO �I STATE AGENCY GENSER. STD. 2(REV. 21851 E CONTROLLER Tills :\GREE\LENT. made and entered into this 13th date of MaY 19 87 in the State of California. by and i>•et..een State of California, through its duly elected or appointed, `j qualified and acting TITLE OF OFFICER ACTING FOR STATE I AGENCY herl•aeer r'a,N'a 111('.lta!I',101(11 CONTRACT NUMBER AM. NO. Director ( Dept. of Housing & Community Devlp. j #87-FESG-004 ne.I'alter,-tai.0 ft:c l'•t:rra,'l,Ir., CONTRACTOR'S '.0. NUMBER City of Redding j WIT\ESSETH: That the Contractor for and in consideration of the covenants- conditions. a,reements. and stipulations of the State hereinafter expressed. does hereby agree to furnish to the State services and materials. as follows: (Set forth service Ill be rendered by(un:ractor.arnw:nt:o be pan/Contractor.time for per)ornefaec r,completion.and attach plans and spe'iie'atwos.if anti.: This agreement will provide official notification of the grant award under the State's administration of the Federal Emergency Shelter Grants Program for Non-entitlement jurisdictions pursuant to the provisions of Section 101(g), Public Law 99-500, 24 CFR Part 575, and California Health and Safety Code 50406. In accepting this grant award, the Grantee agrees to comply with the terms and conditions of this agreement and all attachments hereto, the representations contained in the Grantee's application (hereinafter "the Application"), which is hereby incorporated by reference as if set.forth • in full, and the requirements of the authorities cited above. • CONTINUED ON_SHEETSr EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto. upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR II' TNEP THAN IND.AD STATE WMETNER A COR.ORATION. Department of Housing & Community Development Sm " y Redding BY (AUTHORIZED SIGNATURE) ;.� ' X . /� Br. /72414‹../2" �..-1 1.,,' PRINTED PRINTED NAME OF PERSON SIGNING r/,/y/ f� J1/// / . '" TED NAME ANO TITLE OF PERSON/ IGNING LINDA A. P¢ EL L Robert M. Christ •fferson, City Manager TITLE ADDRESS CHIEF. ADIMINISTPA'!ONI nivisir-,l 760 Parkview Avenue, Redding, CA 96001-3396 AMOUNT ENCUMBERED PROGRAM/CATEGORY ICODE AND TITLE) FUND TITLE s 30/000 20 Community Affairs FTF Department of General Services UNENCUMBERED BALANCE (OPTIONAL USE) Use Only S 2620/25240 FCN 14.231 ADS. INCREASING ENCUMBRANCE ITEM CHAPTER STATUTE ! FISCAL YEARN S 2240-101-890 186 1986 ,1986/8711 ADJ. DECREASING ENCUMBRANCE OBJECT OF EXPENDITURE (CODE AND TITLE! i Exempt from Department of S 661701 i General Services approval I hereby certi)y upon my own p personal knowledge that budgeted fends are T.B.A. NO. B.R. NO. ii per Section 12Of the State available for the pencil and purpose of the expenditure stated alcove I Administrative Ma,VOI. SIGNATURE OF ACCOUNTING OFFICER,, _ DATE X r zn.� c a,., ed ,--/a JUN 4 r 1 hereby yrtijy that all conditions for exemption set forth in State Administrative.11anual:sectiorl.uy hare 1 J 1 f 'been romp/led with and this document is exempt from review by the Department of Finance. SIGNATU OF OFFICER SIGNING ON EHALF OF T}I£ AGENCY �� I DATE X e ;�Q7 ' � I (0 ' 15 /7 iI • • • .. 1131• ( 1'::1:.1:•!111 .t,rr ' (it Itll 11'nlnrtV /!ei,.11(i .r11.l •:1‘r' II Ittltll•\♦ rill' SI.111•. rt. 1111r1'1'r•. .1,••I1t• .11..1 :,i.1\r re- ir•:I:. .:n•. and .111 claim,an l lo.\1•• .11 urnnr.• . r.•\,:I!in, 1•r\ wit! .ilt .1nll:act, 1.:.. .,•r_ tractor.. r:1.1t-•ri.l::nen. lalior,•r. ;lied alt% Idll.•r IN'r\..1:, lit•,.. ..r curl 1.1rali..n In111i�lrir,.. ,.r ` :;•;•�cir:, ccl.ri. ..•r.:u.•. •n;tt ri:lls or •upplir. in 1 oimeuti.•n a ir!I Il,:' ;1.•rf•:r:n:ol:: .•l !tri\ 1 tin!rat? .lnrlIr.1n1 .un and all clamp. ::Illi Io-se. accruing or re-idling l.1 :111\ per••1n. liar! .•r l'•'rl,l lra li.,1: \c 111- :11.1\• !n• iiii:Irt'd or d:una,ed In. the(:mitt-actor in the performance contr.:cl. '' The (: mu-actor. and the agents and 1•rrll,l.n1•r. 111 Com rautor. in the performance of tini• agree- ment. shall act in an independent capacity and not as officers or entplocers or a,r•irts oI State of (:alilornia. :3. The State man terminate this agreement and he relirvetl of the pavnu•nt of aims consideration to (:enrtractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the-event of such termination the Stair ?MAN proceed 't%ith the c+ork in anv manner deemed proper by (hr State. Time cost to the State shall hr deducted from :um son] dor the (:onlraclor Wider this agreement. and the balance. it any. shall be paid the (:ontrac•tor upon demand. -l. Without the written consent of the- State. this al reemenl is not assignable by Contractor either in whole or in part. .3. Tinre is of the essence in this agreement. 6. No alteration or variation of the terms of this contract shall In- valid unless made in c+ritieet; and signed by the parties hereto, and no oral understanding or agreement not incori),rated herein. shall ha binding on any of the parties hereto. • 7. The cenmsitleration to Ix- paid Contractor. as provided herein. shall be in compensation for all of (:ontrac•lor s expenses incurred in the- performance hereof. including travel and per diene. unless other- wise express: I!. se,provided. • 85 3 545O City of Redding • • -‘ #87-FESG-004 • B. It is mutually understood between the parties that this agreement may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both . parties in order to avoid program and fiscal- delays which would- occur _ if the agreement were executed after the determination was made. • C. This agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the federal fiscal year 1986-87 for the purposes of this 'program. In addition, this agreement is subject to any additional restrictions, limitations, or conditions enacted by the : Congress or State Legislature or any statute enacted by the Congress or the State Legislature which may affect the provisions, terms or funding of this agreement in any manner. D. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this agreement shall be amended to reflect any reductions in funds. E. The State has the option to terminate this agreement under the 30-day cancellation clause or to amend the agreement to reflect any reduction of funds. 14. Contractors and Subcontractors A. The Grantee or its contractors or subgrantees, shall not enter into any agreement, written or oral, with any contractor without the prior determination by the State of the contractor's eligibility. A contractor or subcontractor is not eligible to receive grant funds if the contractor is not licensed in good standing in California, or is listed on the federal Consolidated List of Debarred, Suspended, and Ineligible Contractors. • B. The Agreement between the Grantee and any contractor shall require the contractor and its subcontractors, if any, to: 1) Perform the Work in accordance with federal, State and local housing and building codes as are applicable. 2) Comply with the Labor Standards described in Attachment C of this agreement as are applicable. 3) Comply with the applicable Equal Opportunity Requirements, described in Attachment D of this agreement. 4) Maintain at least the minimum State-required Worker's Compensation Insurance for those employees who will ,perform the Work or any part of it. -4- City • of Reddin • • _ g #87-FESG-004 • B. An expenditure which is not authorized by this agreement or which cannot be adequately documented shall be disallowed, and must be reimbursed to the State or its designee by the Grantee. Expenditures for Work not described in Attachment A shall be deemed authorized if the performance of such Work is approved in writing by the State prior to the commencement of such Work. C. Absent fraud or mistake on the part of the State, the determination by the State of the allowability of any expenditures shall be final. . D. Pursuant to 24 CFR Part 44, Grantee shall perform an annual audit at the close of each fiscal year in which this agreement is in effect. A non-profit subgrantee shall be required by the Grantee to perform an audit pursuant to the requirements of OMB Circular A-110. E. The audit shall be performed by a qualified State, local or independent auditor. Grantee shall notify the State of the auditor's • name and address immediately after the selection has been made. The contract for audit shall include a clause which permits access by the State to the independent auditor's working papers. F. Three copies of all required audit reports shall be submitted to the State Controller's Office within six months of the close of the required audit period. • G. The State shall not approve any expenditures for audit prior to receiving an acceptable audit report. 18. Compliance with State Law and Regulations The Grantee agrees to comply with all State laws and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity and all other matters applicable to the Grantee, its subgrantees, contractors, or subcontractors, and the Work. 19. Environmental Recuirements This agreement is subject to the provisions of the California Environmental Quality Act (CEQA). Grantee assumes responsibility to fully comply with CEQA's requirements regarding the Work. 20. Compliance with Federal Laws and Regulations The Grantee agrees to comply with all federal laws and regulations applicable to the Federal Emergency Shelter Grants Procram and to the Work, and with the required federal provisions set forth in Attachment E. 21. State Coordinator The coordinator of this agreement for the State is the Program Manager of the Community Development Program, Division of Community Affairs, or the Program Manager's designee. • • • City of Redding ATTACHMENT A #87-FESG-004 Page 1 of 1 Section 1 - Work Description A. Grantee . shall perform the Work as described in the approved Application, which is .on file at the Department of Housing and Community Development, Division of Co munity. Affairs, ..921_ Tenth Street _ (4R) , Sacramento, California.. ._All_.written .materials or alterations submitted from time to time as- addenda -to. the original Application and which are approved by the State prior to the award are hereby incorporated as part of the Application. . . B. The work shall consist of: Renovation of Shasta. County Women's Refuge. (Peterson House) C. Notwithstanding ' Section- 6' of this Standard Agreement, Grantee shall request written approval from the State when a program or budget revision is needed. No alteration or variation of the terms of this agreement shall be valid unless requested in writing and approved in writing by the State, or at the State's discretion signed by both parties in, the form of a Grant Amendment'. -"" No-oral understanding or agreement not incorporated herein, shall be binding :on any of the parties hereto. Section 2' - Complete Dates A. All Work shall be completed by September 30, 1987 in accordance with the approved milestones in the Application. Milestones may be adjusted by written consent of the State and do not require amendment of this Agreement. B. Close-out shall commence by December 31, 1987. C. This Agreement shall expire on March 31, 1988. Section 3 - Grant Amount and Operating Budget A. Specifics of the operating budget shall be agreed upon by the State and Grantee prior to drawdown of any funds. B. The grant of $30,000 consists of: $30,000 for Peterson House renovation. 4101 • City of Redding S ATTACHMENT C #87-FESG-004 Page 1 of 1 Labor Standards All construction contractors and subcontractors shall give the following certification to the Grantee and forward this certification to the Grantee within 10 days after the execution of any contract or subcontract. A. "I am aware of the provisions of Section 1720 et seq. of the California Labor Code which requires that the State prevailing wage rate shall be paid to employees on projects covered by this Section." B. "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this contract." C. "It is further agreed that, except as may be provided in Section 1815 of the California Labor Code, the maximum hours a worker is to be employed is limited to eight hours a day and 40 hours a week and the subcontract shall forfeit, as a penalty, $25 for each worker employed in the execution of the subcontract for each calendar day during which a worker is required or permitted to labor more than eight hours in any calendar day or more than 40 hours in any calendar week and is not paid overtime." 410P- City of Redding ATTACHMENT D #87-FESG-004 Page 2 of 2 • e) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Agreement shall be a. condition of the federal financial .assistance provided to -:_ _-the project, binding upon the Grantee, -its successors, and assigns. Failure...to7fulfill these requirements-shall subject- the Grantee, its contractors and subcontractors, its successors, and assigns to those sanctions as are specified by 24 CFR Part 135. _ . .. . 3. State Nondiscrimination Clause: a) During the performance of this contract, the recipient, contractor and its subcontractors shall not deny the_ contract's benefits . to any • person on the basis of . religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age or sex. Contractor shall ensure that._the evaluation and treatment of employees and applicants for employment are free of such discrimination. b) Contractor shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq. ), the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5, Chapter 1, • Part 1, Division 3, Title 2 of the Government Code (Government Code Sections 11135-11139.5) and the regulations or standards adopted by the awarding State agency to implement such article. c) Recipient, contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. d) The contractor shall include the nondiscrimination and compliance • provisions of this clause in all subcontracts to perform work under the contract. 4. Assurance of Compliance with Recuirements Placed on Construction Contracts of $10,000 or more: Grantee hereby agrees to place in every contract and subcontract for . construction exceeding $10,000 the Notice of Requirement for Affirmative Action to ensure Equal Employment Opportunity (Executive Order 11246), the Standard Equal Opportunity Clause, and the Standard Federal Equal Employment Opportunity, Construction Contract Specifications. Grantee furthermore agrees to inset the appropriate Goals and Timetables issued by the U.S. Department of Labor in such contracts and subcontracts. Grantee = shall contact the State for further guidance regarding compliance with this requirement. City of Redding ATTACHMENT E #87-FESG-004 Page 2 of 2 a , . 6. The Grantee will comply with the policies, guidelines and requirements of OMB Circular A-87 and A-102 as they relate to the acceptance and use of emergency shelter grant amounts by local governments, and •A-110 and A-122 as they relate to the acceptance and use of emergency shelter grant amounts by private non-profit organizations. 7. The shelter provider(s) as identified in the Application shall maintain the buildings for which grant funds are used as a shelter for the homeless for not less than a three (3) year period from the date funds are obligated on the shelter, or if the shelter is not yet open as of that date, the date it is first open as a shelter. If the grant amounts are used for major rehabilitation or conversion of the building, then the • building must be maintained for not less than a ten (10) year period. 8. Grantees shall obligate all funds awarded to it by November 9, 1987. "Obligate" means that the grantee has placed orders, awarded contracts, received services or entered similar transactions that require payment from the grant amount. Grant amounts that are awarded by a local • government to a non-profit shelter provider are considered obligated.