HomeMy WebLinkAboutReso. 1987 - 284 - Agreement between the city of redding and golden umbrella for frail elderly/adult abuse & neglect case management a
110RESOLUTION N0.g1-.47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE
AGREEMENT BETWEEN THE CITY OF REDDING AND GOLDEN UMBRELLA FOR FRAIL
ELDERLY/ADULT ABUSE & NEGLECT CASE MANAGEMENT SERVICES, AND !AUTHORIZING
THE MAYOR TO SIGN SAME. I
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 Golden Umbrella providing for Frail
Elderly/Adult Abuse & Neglect case management 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 th!e aforesaid
documents, when appropriate.
3. A true copy of the Agreement referred to herein is attached hereto
and made a part hereof.
I HEREc CERTY I that the foregoing resolution was introduced and read at
a regular regularAmiginTthe City Council of the City of Redding on the 29th day
of September , 1987, and was duly adopted at said meeting by the following
vote:
AYES: COUNCIL MEMBERS: Carter, Gard, Johannessen and Dahll
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Fulton
ABSTAIN: COUNCIL MEMBERS: None
MIKE DAHL, Mayor
City of Redding
II
ATTEST:
ETHEL A. NICHOLS, City Clerk
FORM APPROVED:
e e. "ie "Ta :2
• ,UPALL A. HAYS, City ttorney
AGREEMENT BETWEEN CITY OF REDDING AND GOLDEN UMBRELLA, INC.
FOR USE OF CDBG FUNDS
II
THIS AGREEMENT, made and entered into this day of
, 19 , by and between the CITY OF REDDING, a municipal
corporation, hereinafter called "CITY" and GOLDEN UMBRELLA, 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
Federal Tax Exempt Status; and
WHEREAS, the CITY has allocated Community ii 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 OF SERVICES. PROVIDER will render! to CITY's
residents services as set forth in attached Exhibit "A. "
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2. TERM/TERMINATION. The term of this Agreement shall be for
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the 12-month period beginning October 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 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 or all of its provisions to that point,
and upon PROVIDER serving 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' s residents, i.e. , persons living within the
corporate limits of the CITY.
C. PROVIDER shall render services utilizing funds paid by
CITY hereunder only to recipients meeting appropriate eligibility
criteria as established by CDBG guidelines, as identified in
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Exhibit "B, " or such other guidelines as may be recommended by
PROVIDER and accepted by CITY.
D. CITY shall pay to PROVIDER a sum not to exceed $10,000.
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 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 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.
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,
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but shall not be limited to, those specifically setlforth 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
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, 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 financial and non-financial files shall be made by
CITY' s Housing Administrator or his/her designee, or by a
Certified Public Accountant selected by CITY.
Specifically, PROVIDER shall file Exhibit "C; " "MONTHLY
REPORT FOR USE OF CITY OF REDDING CDBG FUNDS," with CITY no later
than thirty ( 30) calendar days after the completion of the
previous month. i1
7. HOLD HARMLESS CLAUSE.
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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,
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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 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 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.
A. Workman' s Compensation, Liability and Property Damage
Insurance. PROVIDER shall obtain Workman' s Compensation
Insurance and 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
$100,000 per person, $300,000 per occurence, and $501000 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 ofthe 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, employees and agents
are named 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 its full cost and expense any and Ill 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 discretioOn carrying
out the intended program provided for by CDBG funds.
B. Provider shall comply with the requirementslof 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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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 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.
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
1974 or HUD regulations with respect thereto; provided, however,
that reasonable fees or bona fide technical, 1 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 prevailingllwage 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 apply to an
employee or employees in any program category who aro being paid
in whole, or in part with CDBG funds unless 25
percen,l 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
religion, or against an otherwise qualified, handicapped _
individual.
CITY OF REDDING
ATTEST: By
MIKE DAHL, Mayor
ETHEL A. NICHOLS, City Clerk
GOLDEN UMB: - , A, INC.
FORM APPROVED: 401114V'14r"
By ,�I
Ll
BYi. _ � I: . /
RANDALL A. HAYS, City Attorney
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EXHIBIT "A"
The scope of work under this contractual agreement shall consisit of providing
coordination services to low-income elderly people within the City of Redding
who are considered at-risk, neglected, or abused. CDBG funds shall be utilized
for PROVIDER personnel costs, and related costs associated with the operation of
this program.
The major objective of this program is to reduce the occurrence of abuse and to
ensure if abuse and neglect have already occurred that services are readily
available to reduce any additional negative impact on the elderly individual.
The PROVIDER, as a member of a multi-disciplinary team, will provide those
services.
The PROVIDER further agrees that service level to this targeted population will
be much more intense and in-depth than any previously existing service in this
community. Personnel hired for this program will only provide services to those
who have been assessed as too severe in nature to be adequately served by
minimal services that already existed before. Case records shalll reflect the
security of the problem and a justification why other minimal services are not
sufficient to alleviate the problem.
The PROVIDER agrees that the following llowing Workplan shall be utilized in carrying
out this project:
1. The Adult Abuse Specialist shall identify possible abuse cases directly or
by referral and make immediate response in accordance with legal require-
ments.
a. Physical abuse cases shall be referred to the appropriate law enforce-
ment agency.
b. Other abuse situations shall be referred to Adult Protective Services,
Golden Umbrella Advocates, or other appropriate social service
agencies.
2. Individual care plans shall be developed in cooperation with the Shasta
County Multi-disciplinary Social Services Team and/or In-Home Service
Advocates.
3. An ongoing system of assistance and referral will be developed with tech-
nical assistance provided through Adult Abuse Programs of other Cities
and/or Counties in accordance with standards developed through the
California Administration on Aging.
4. The Adult Abuse Specialist shall assist in the development of a Peer
Counselor Program which will continue and expand the above program after
the first year of development.
5. The Adult Abuse Specialist shall be a member of the Multidisciplinary Team
which will assist in the direction of this program and will work in con-
junction with the Peer Counseling Program. li
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6. The Adult Abuse Specialist shall document and translate information and
experience into permanent training programs, which shall include the
development of video presentations on types of Elder Abuse, legal reporting
requirements, and stress management for potential abusers.
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EXHIBIT "B" 1
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 thejldetermination
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,1 and amounts
paid by the government to veteran, for use in meeting
the costs of tuition, fees, books and equipment.
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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) :
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)