HomeMy WebLinkAboutReso. 1987 - 236 - Agreement between the city of redding and shasta senior nutrition program •
RESOLUTION NO. W-01640,
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 asfollows:
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 regular meeting of the City Council of the City of Redding on the 18th day
of August , 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 '1
ABSTAIN: COUNCIL MEMBERS: None
(931:•-:
MIKE DAHL, Mayor
City of Redding
ATTEST:
7
ETHEL A. NICHOLS, City Clerk
FORM APPROVED:
� � ,
ALL A. HAYS, City Attorney )
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AGREEMENT BETWEEN CITY OF REDDING AND
SHASTA SENIOR NUTRITION PROGRAMS, INC.
FOR USE OF CDBG FUNDS
THIS AGREEMENT, made and entered into this day of
, 19 , by and between the CITY OF REDDING, la municipal
corporation, hereinafter called "CITY" and SHASTA SENIOR NUTRI-
TION PROGRAMS, 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 1Development
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:
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1 . PROVISION OF SERVICES. PROVIDER will supply CITY' s
residents with donated foods that are available outiside of the
Northern California ara by utilizing gasoline/materials purchased
by the CITY for transportation of those foods .
2 . TERM/TERMINATION. The term of this Agreement shall be for a
12-month period of time beginning September 1 , 1987 and ending
August 31, 1988 . 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 Agreement by written notice duly serviced upon
PROVIDER. PROVIDER may terminate Agreement at any time subject
to PROVIDER first complying with any or all of its provisions.
3 . USE OF FUNDS. Use of CITY' s funds allocated hereunder to
PROVIDER shall be subject to the following express terms and
conditions:
A. Any funds paid to PROVIDER shall be used solely for
gasoline/materials necessary for transporting excess food
supplies to the City of Redding.
B. Funds paid hereunder shall be expended solely for the
benefit of CITY' s residents, i.e. , persons living within the
corporate limits of the CITY.
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C. PROVIDER shall render services utilizing funds paid by
CITY hereunder only to recipients meeting appropriate eligibility
criteria as established b
Y the Cit y, or such other guidelines as
may be recommended by PROVIDER, and accepted by CITY ( such as
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CATEFAP Program guidelines) .
D. CITY shall pay to PROVIDER an amount not to exceed
$1, 000 .
4 . 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.
B. Unless otherwise approved, funds paid hereunder shall be
deposited in a Redding bank with fiscal control as approved by
the Finance Director .
5. REPAYMENT OF FUNDS. If, upon the completion of the term set
forth above, funds advanced to the PROVIDER remain unexpended,
PROVIDER shall return said unexpended funds to the CITY within 30
days of the expiration of the term, or shall make a request in
writing to retain said funds. The request shall be submitted to
the City Manager and must be received by no later than thirty
( 30 ) days from the expiration of the term. Said request shall be
acted upon by the City Council.
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6 . DOCUMENTS, REPORTS AND RECORDS. PROVIDER shall at all times
maintain 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 particular reflect clearly
the application and use of funds paid to it by CITY. All such
records shall be in a form satisfactory to City of Redding and
shall be subject to inspection or audit by City staff at any
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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, CITY, in its dealings with PROVIDER, will
at all times maintain said confidentiality and will n' t 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
CITY' s Housing Administrator or his/her designee.
Specifically, PROVIDER shall file Exhibit "A, " "MONTHLY REPORT
FOR USE OF CITY OF REDDING CDBG FUNDS, " with CITY no; later than
30 calendar days after the completion of the previous month.
7 . HOLD HARMLESS CLAUSE.
In providing its services, PROVIDER will fact as an
independent contractor and no officer or employee df providing
agency will be deemed a City officer or employee for any purpose.
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PROVIDER shall hold CITY, its officers , boards and commissions,
it
and members thereof , its employees and agents harmless of and
free from any and all liabilities which might arise out of or
relating to this Agreement. Should CITY or any of its officers,
boards and commissions, and members thereof, its employees or
agents, be named in any suit, or should any claim be 'lade against
it or any of them by suit or otherwise, whether the (same may be
groundless or not, arising out of or relating to this Agreement,
PROVIDER shall defend CITY and said officers, boards and commis-
sions, and members thereof, its employees and agents, and shall
indemnify them for any judgment rendered against them or any sums
paid out in settlement or otherwise.
8 . INSURANCE PROVISIONS.
Workman' s Compensation, Liability and Property Damage
Insurance. PROVIDER shall obtain Workman' s Compensation
Insurance or Public Liability Insurance from one or more
insurance companies licensed to do business in the State of
California. Public liability insurance shall be in the amount of
at least $300, 000 combined single limit for each occurrence
(coverage for property damage shall be in the amount of $50 , 000) .
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) . In
addition to the limits of coverage provided hereinabove, the
certificate or other documentation shall also provide that the
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City of Redding, its commissions, officers, employee and agents
are named as additional insureds under the coverage afforded,
that the coverage afforded its
g 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 its full cost and expense any and all permits,
applications or other requirements in connection therwith.
10. CONDITIONS OF AGREEMENT.
A. City shall retain ultimate control over matters
involving the exercise of judgement and discretion lin 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 Projects.
C. 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.
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410 411
D. No member, officer or employee of the Citylof Redding,
or its designees or agents, no members of the governing body of
the City of Redding, and no other public official ofthe City of
Redding who exercises any functions or responsibift ities 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.
E. 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
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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 .
F. Provider shall comply with the prevailing wage provi-
sions 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 Development Block Grant funds:
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G. 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 11 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 .
H. Provider shall not discriminate against any person on
the
grounds of race, color, national origin, age, sex or reli-
gion, or against an otherwise qualified handicapped individual.
CITY OF REDDING
ATTEST: By
MIKE DAHL, Mayor
ETHEL A. NICHOLS, City Clerk
SHASTA SENIOR NUTRITION PROGRAM
FORM APPROVED:
By ✓ s'1 VICE CHAIRMAN
By ! ` -ea'
RANDALL A. HAYS, City Attorney
i PROJECT DIRECTOR
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EXHIBIT "A"
MONTHLY REPORT FOR USE OF
CITY OF REDDING CDBG FUNDS
NAME OF PROVIDER:
Contact Person/Title: Phone:
Accounting Period for this Report: through
1. Total gross expenditures (all funds) : $
2. Total fees collected/other resources: $
3 . Net expenditures ( #1 minus #2) : $
4. City funds received to date: $
5. City funds expended to date: $
6. City funds as percentage of net expenditures
( #4 divided by #3) :
7 . Total clients served: ( 100%)
(a) City of Redding residents ( %)
(b) Non-City of Redding residents ( %)
8 . For all City of Redding Residents Served:
Total Total
Income Households Persons
( 1) At or below lower-income level:
( 2) Over lower-income level:
9 . 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)
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