The URL can be used to link to this page

Home My WebLink AboutReso. 1987-073 - Approving the agreement between the city of redding and people of progress I 1 , , � � RESOLUTION NO. � i I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING iAPPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND , PEOPLE OF PROGRESS FOR COMMUNITY GARDEN FACILITIES, AND I AUTHORIZING THE MAYOR TO SIGN SAME. IBE 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 People of � Progress providing for water system improvements to the Parkview �, Community Garden for the poor and disadvantaged citizens of the I City of Redding. � 2. The Mayor of the City of Redding is hereby ; authorized and directed to sign all necessary documents on behalf j 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 i 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 16th day of March , 1987 , and was duly adopted at said meeting by the following vote: AYE5: COUNCIL MEMBERS: Carter, Dahl , Gard, Johannessen, & Fulton NOES: COUNCIL MEMBER.;ry� None ; ABSENT: COUNCIL MEMBERS: None ' ABSTAIN: COUNCIL MEMBERS: None � . r= .-� � LEE D. FULTON, M.D. , Mayor iCity of Redding � i � ATTEST: ' l.1 - � ETHEL A. NICHOLS, City Clerk ,I FORM APPROVED: � � I � pt� R DALL A. HAYS, C' ty Attorney � : 1 � I I ' . � . i,r . AGREEMENT FOR WATER SYSTEM IMPROVEMENTS i FOR THE PARKVIEW/FREEBRIDGE AREA COMMUNITY GARDEN FROM PEOPLE OF PROGRESS i � THIS AGREEMENT, entered into this day of � , 1987 , by and between the CITY OF REDDING, herein- � after called "City," and PEOPLE OF PROGRESS, hereinafter called � "POP" : ' W I T N E S S E T H I� WHEREAS, City, as a general law city of the State of California, has the power and authority to administer the Community Garden Program for the poor and disadvantaged citizens � of the City of Redding; and � WHEREAS, POP is a non-profit California corporation �� with its principal place of business located in the Redding area, � engaged in the social service of administering the community ' garden program on a first-come, first-serve basis to any and all citizens in the City of Redding requesting such service up to the , maximum feasible for the area available; and ' WHEREAS, POP is better equipped and staffed to render ' this service to the poor and disadvantaged citizens of City than is the staff of the City of Redding; � NOW, THEREFORE, IT IS AGREED by and between the parties j hereto as follows: ' 1. The above recitals are true and correct. ' 2. City shall pay to POP the sum of One-Thousand � Three Hundred Fifteen and 00/100 Dollars ($1,315. 00) for ; materials necessary to install the water system in the Parkview � Area Community Garden. This payment is a part of the $2,000. 00 I contribution contained in paragraph 5 of the lease dated May 2 , 1986 between the City of Redding and People of Progress, Inc. i The balance of $685 . 00 will be paid directly to the City for water system improvements. Payment of said funds will be made ' for eligible material costs in accordance with a schedule I established by the Finance Director of the City of Redding. , Nothing herein shall be construed as a promise or indication whatsoever of the availability of future funding by the City of � Redding for POP. I 3 . During the term of this agreement, POP shall continue to render assistance to the poor and disadvantaged � citizens of City pursuant to State and Federal laws applicable ' ' thereto. �' �, 4 . Unless otherwise approved, funds paid hereunder ' shall be deposited in a Redding bank with fiscal control as approved by the Finance Director. - 1 - I . � ;, • 5. Upon ten days notice, POP 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. ' 6. City shall retain ultimate control over matters 'I involving the exercise of judgment and discretion in carrying out I the intended community garden program to the poor and dis- advantaged residents of City that is to be provided by these � funds. I 7 . No portion of the funds herein provided by City to � POP shall be used for purposes other than those agreed to herein. 8. No provision herein shall conflict or override the Federal or State statutes and regulations which control the operation of POP. � 9 . POP shall not discriminate against any person on � the grounds of race, color, national origin, age, sex or I religion, or against an otherwise qualified handicapped ; individual. 10. In providing its services, POP will act as an ; independent contractor and no officer or employee of POP will be � deemed a City officer or employee for any purpose. POP shall maintain Worker ' 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: � � $300 ,000 per person and $500, 000 per occurrence, public i liability; and $50,000 property damage. ', 11. In the event POP 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 sixty ( 60) days ' after notice thereof by City, in addition to any other remedies i provided for herein, City shall have the right to terminate this ' agreement by written notice duly serviced upon POP. , 12 . POP will comply with the requirements of Title 24, Part 135 , Employment Opportunities for Businesses and Lower ' Income Persons in Connection with Assisted Projects. � I - 2 - i -. . � • � . . I"• ' ' , � 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 I Redding, or its designees or agents, no member of the governing I 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 thereafter 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. I i 15 . 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 Agreement, 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 � solicitation, are not hereby prohibited if otherwise eligible as ' program costs. 16 . POP agrees to comply with the following Federal i regulations as they may apply to project administration. The , regulations are incorporated herein by reference. � National Environmental Policy Act of 1969 ' Title VI of the Civil Rights Act of 1964 � Title VIII of the Civil Rights Act of 1968, as amended Section 109 of the Housing and Community Development ; Act of 1968, as amended � Section 3 of the Housing and Community Development Act of 1968 , as amended I Executive Order 11246 , as amended � Executive Order 11063 , as amended i Section 504 of the Rehabilitation Act of 1973 , as amended � Age Discrimination Act of 1975, as amended Titles II and III of the Uniform Relocation Assistance ; and Real Property Acquisition Policies Act of 1970 � Labor Standards requirements as set forth in 24 CFR � Part 570, Subpart K Executive Order 11988 i Executive Order 11288 � Section 102( a) of the Flood Disaster Protection Act � of 1973 � OMB Circulars A-87 ; A-102 , Revised; A-110 ; and, A-122 � Hatch Act Lead-based Paint Poisoning Prevention Act - 3 - ! ' � , _ � . . , • � IN WITNESS WHEREOF, the parties hereto have executed ; this agreement on the day and year first above written. I CITY OF REDDING ; By ' LEE D. FULTON, M.D. , Mayor � PEOPLE OF PROGRESS , B / , Y � i � �� i � � � ATTEST: i � ETHEL A. NICHOLS, City Clerk � l FORM APPROVED: RANDALL A. HAYS, City Attorney � i � - � � � � � i � ! i I I I� � - 4 -