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HomeMy WebLinkAboutReso. 1987 - 270 - Agreement between the city of redding and consumers aid of shasta inc for housing counciling services w x 1 RESOLUTION NO.g/;22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND CONSUMERS AID OF SHASTA, INC. FOR HOUSING COUNSELING 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 Consumers Aid of Shasta, Inc. providing for housing counseling services 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 15th day of September , 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 -)v MIKE DAHL, Mayor City of Redding ATTEST: eY a / e2'e- ETHEL A. NICHOLS, City Clerk FORM APPROVED: RA DALL A. HAYS, Ci Attorney N4 Ill 411 AGREEMENT BETWEEN CITY OF REDDING AND CONSUMERS AID OF SHASTA, INC. FOR USE OF CDBG FUNDS THIS AGREEMENT, made and entered into this I day of , 19 , by and between the CITY OF REDDING, a municipal corporation, hereinafter called "CITY" and CONSUMERS AID OF SHASTA, INC. , 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 I Federal Tax Exempt Status; and I) WHEREAS, the CITY has allocated Community Development Block Grant funds to PROVIDER for the specific purpose 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, " 1 - i • • and as represented in the application dated March 171, 1987, 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, 1987 and ending August 31, 1988 . In the event PROVIDER violates the provisions -of this Agreement for any reason other than the occurrencekof circum- stances 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 and all of its provisions tolthat 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. - 2 - C. PROVIDER shall render services utilizing funds paid by the CITY hereunder only to recipients meeting appropriate eligib- ility criteria under CDBG guidelines, as identifiedin Exhibit "B, " or such other guidelines as may be recommended by PROVIDER and accepted by the CITY. D. The CITY shall pay to the PROVIDER a sum not to exceed $2,650. 00 for services set forth in Exhibit "A. " This shall be prorated in twelve ( 12) equal monthly installments. I 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 in this Agreement, 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 Housing Administrator 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. 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 df otherwise mentioned herein, and which shall in particular reflect clearly the application and use of funds paid to it by thel 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 fom 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. 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 CITY officer or employee for any purpose. - 4 - 1 • PROVIDER shall hold the CITY, its officers, boards and commis- sions, 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 the 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 made 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 commissions, 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. l 8 . INSURANCE PROVISIONS. A. Workman' s Compensation, Liability and Property Damage Insurance. PROVIDER shall obtain Workman' s Compensation Insurance, and Public Liability Insurance from one or more insur- ance companies licensed to do business in the State, of Calif- ornia. Public liability insurance shall be in the ,, amount of $100,000 per person, $300, 000 per occurrence, and $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 the 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 - 5 - ' I III provide that the City of Redding, its commissions, officers, employees and agents are named as additional insured under the coverage afforded, that the coverage afforded its primary to any and__ a,ll :other coverages _ which may be available :-to .the—CITY in connection with this Agreement, and that the insurer( s) will provide to the 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 therewith. 10. 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 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. • • D. 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 Ithe 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 funder this Agreement. E. The assistance provided under this Agreement shall not be used in the payment of any bonus or commission forrthe 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 so;!licitation, 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.] - 7 - V• i 411 • 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 lapply to an employee or employees in any program category who arel 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 CONSUMERS AID OF SHASTA, INC. FORM APPROVED: Bye RANDALL A. HAYS, City Attorney / - 8 - 411 • EXHIBIT "A" it The Scope of Work under this Agreement shall consist of tenant/landlord counseling and referral services to residents of the Redding Community. CITY funds shall be utilized for personnel costs and other related costs associated with the operation of the tenant/landlord housing counseling portion of this program. A total budget outline is contained in the application dated March 17 , 1987 . The specific goal of this program is to reduce the number of tenant/landlord problems by educating the community onjtheir rights according to California State Law. p, it Typical procedures for this program are as follows: 1. Initial phone contact with tenant and/or landlord.! 2. Determination of specific problem. 3 . A general explanation of their rights is given and they are asked to come in for. an appointment. 1 4. In-depth counseling. 5. Provide resident with Department of Consumers Affairs booklet. r, 6 . Referral to appropriate governmental agency, if ne'cessary. it II • 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 acategory 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, 1 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 uselin meeting the costs of tuition, fees, books and equipment. ii II • • EXHIBIT "C" 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 ) : o 7. Total clients served: ( 100%) (a) City of Redding residents ( %) (b) Non-City of Redding residents j ( %) 8 . For all City of Redding Residents Served: Total Total Income Households li 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. ;I (Signature) I g ) (Date)f! (Typed or Printed Name) (Title)