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Home My WebLink AboutReso 93-226 - Approve funding agreement between the COR & the Superior Calif Dev Council to provide Regional Planning for Economic & Public Works project Dev during FY 1993-94• • RESOLUTION '73 — Z Z�i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE FUNDING AGREEMENT BETWEEN THE CITY OF REDDING AND THE SUPERIOR CALIFORNIA DEVELOPMENT COUNCIL TO PROVIDE REGIONAL PLANNING FOR ECONOMIC AND PUBLIC WORKS PROJECT DEVELOPMENT DURING FISCAL YEAR 1993-94 IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1. The City Council of the City of Redding hereby approves the Funding Agreement between the City of Redding and the Superior California Development Council to provide regional planning for economic and public works project development during fiscal year 1993- 94, a true copy of which is attached hereto and incorporated herein. 2. That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City of Redding, following approval by the Superior California Development Council, 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. 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 June 1993, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Anderson, 1, Kehoe, os and Arness NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: /J None ABSTAIN: COUNCIL MEMBERS: None ! �- CARL ARN SS, MAYOR City of Redding ATTEST: FORM APPROVED: ZljtClerk RANDALY A. HAYS, City Attorney ��! CONNIE STROHMAYER, I 0 A G R E E M E N T • THIS AGREEMENT, made and entered into this day of , 1993, by and between the CITY OF REDDING, a General Law City, hereinafter referred to as "CITY," and the SUPERIOR CALIFORNIA DEVELOPMENT COUNCIL, hereinafter referred to as "SCDC," W I T N E S S E T H: WHEREAS, the City Council of the City of Redding is empowered by the State of California Government Code to appropriate and expend money from CITY funds for the regional planning for economic -and public works project development within the CITY, and WHEREAS, the SCDC has been formed to provide and maintain the organizational and administrative structure for the operation of an agency to provide economic development/planning and business development services, as well as EDA liaison to both the public and private sectors, the main purpose of SCDC being job creation for residents within the District, and WHEREAS, the City of Redding will derive direct benefit from the SCDC, NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. The SCDC will invoice the CITY for the period of one (1) year commencing on July 1, 1993, and terminating June 30, 1994, for the CITY's contributive share of the cost of the operation. 2. To partially offset the SCDC's costs incurred in providing and maintaining services, the City agrees to pay the SCDC for said services the sum of seven thousand and sixty dollars ($7,060.00). 3. The CITY will pay to SCDC its stated share as defined above of the operating cost of the SCDC within thirty (30) days after the submission of an invoice on an annual basis. 4. The SCDC covenants and agrees to submit an audited financial statement of its income and expenditures in the performance of its contractual responsibilities to the CITY's Director of Finance for the fiscal year 1993-94 and agrees to make documentation in support of said statement available to CITY at any and all times, upon request. 5. The SCDC does hereby agree to hold the City of Redding, its officers, agents, and employees, harmless from any and all actions, causes of action, claims, demands, damages, costs, losses of services, expenses, and compensation on account of or in any way arising out of CITY's expenditure of said funds to the SCDC for regional planning for economic and public works project development as outlined above. 6. In providing its services, SCDC will act as an independent contractor, and no officer or employee of SCEDD will be deemed an officer or employee of CITY for any purpose. 7. This agreement is granted upon the express condition that CITY shall be free from any and all liability and claims for damages for personal injury, death, or property damage in any way connected with SCDC services to be performed hereunder, including claims of SCDC, its officers, agents, employees, and members. SCDC shall indemnify and save harmless CITY, its officers, agents, and employees, from any and all liability, loss, cost, or obligation on Page 2 of 5 account of or arising out of any such injury, death, or loss caused by the negligence or other legal fault of SCDC or its officers, agents, employees, and members. 8. It is understood and agreed as a condition of this Agreement that SCDC shall, at its own expense and at all times during the term of this Agreement, obtain from a company authorized to do business in the State of California and keep in full force and effect general liability insurance in the minimum amount of $500,000 per occurrence for bodily injury, personal injury, and property damage. Said policy shall be endorsed to name CITY, its officers, agents, and employees, as additional insured and shall further be endorsed to contain a provision obligating the insurance carrier to notify CITY in writing at least thirty (30) days prior to any cancellation or reduction of such insurance. A certificate of insurance and original endorsements evidencing such coverage and notice requirement shall be approved by the Risk Manager of CITY and filed with him prior to the commencement of this agreement. 9. It is further understood and agreed as a condition of this Agreement that SCDC will provide worker's compensation insurance on its employees and furnish the Risk Manager of CITY with a certificate evidencing such insurance, to be approved by him prior to the commencement of this Agreement. Said certificate shall contain a provision obligating the insurance carrier to notify CITY in writing at least ten (10) days prior to any cancellation or reduction of such insurance. To obtain an exemption from this requirement should SCDC have no employees, SCDC shall provide the Risk Manager of CITY with a Page 3 of 5 letter stating that it is not employing any person or persons in any manner so as to become subject to the worker's compensation subject to the worker's compensation provisions of the Labor Code, it will forthwith comply with the insurance requirements set forth above. 10. In the event SCDC 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 sixty (60) days after notice thereof by CITY, in addition to any other remedies provided for in the Agreement, CITY shall have the right to terminate this Agreement by written notice duly served upon SCDC. 11. It has been determined that this matter is not subject to the provisions of the California Environmental Quality Act. Page 4 of 5 • 12. The term of this agreement shall be for an indefinite period or until either party provides written notice of cancellation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF REDDING BY: •CARL ARNESS, Mayor SUPERIOR CALIFORNIA DEVELOPMENT DISTRICT BY: BY: ATTEST: CONNIE STROHMAYER, City Clerk RANDALL A. HAYS, City Attorney Page 5 of 5