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HomeMy WebLinkAboutReso. 1987 - 237 - Agreement between the city of redding and people of progress for community garden services • RESOLUTION NO. __ s 7 !l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND PEOPLE OF PROGRESS FOR COMMUNITY GARDEN 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 People of Progress providing for Community Garden services for the poor and disadvantaged citizens 'lof 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 df 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 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 ABSTAIN: COUNCIL MEMBERS: None MIKE DAHL, Mayor City of Redding ATTEST: te7Z.L O•r ETHEL A. NICHOLS, City Clerk FORM APPROVED: RAi'PALL A. HAYS, City torney N4 • N • AGREEMENT BETWEEN CITY OF REDDING AND PEOPLE OF PROGRESS FOR USE OF CDBG FUNDS THIS AGREEMENT, made and entered into this day of , 19 , by and between the CITY OF REDDING, Ia municipal corporation, hereinafter called "CITY" and PEOPLE OF PROGRESS, 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 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 . PROVISION OF SERVICES. PROVIDER will render to CITY' s residents services as set forth in attached Exhibit "A, " and as represented in the application dated March 24, 1987 which is hereby incorporated by reference as if set forth in full. II - 1 - • • 2 . TERM/TERMINATION. The term of this Agreement shall be for a 12-month period beginning September 1 , 1987 and endingi 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 . 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 the purposes set forth in Exhibit "A. " II 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. 1 C. PROVIDER shall render services utilizing funds paid by CITY hereunder only to recipients meeting appropriate eligibility criteria as established by CDBG guidelines, or such other guide- lines as may be recommended by PROVIDER and accepted by CITY. - 2 - it • • D. CITY shall pay to PROVIDER an amount not to exceed $6 , 936 . 00 for services set forth in Exhibit "A. " 0 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 Exhibit "A, " funds advanced to the PROVIDER remain ii unexpended, PROVIDER shall return said unexpended funds to the CITY within 30 days of the expiration of the term, orlshall make a request in writing to retain said funds. The request shall be submitted to the Housing Administrator and must be received no later than thirty ( 30) days after 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 or otherwise mentioned herein, and which shall in particular reflect clearly the application and use of funds paid to it by CITY. All such - 3 - 9 1 • 1� records shall be in a form satisfactory to City of Redding 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 both financial and non-financial files shall ; be made by CITY' s. Housing Administrator or his/her designee. Specifically, PROVIDER shall file Exhibit "B, " "MONTHLY REPORT FOR USE OF CITY OF REDDING CDBG FUNDS, " with CITY no I 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 providing agency will be deemed a City officer or employee for any purpose. PROVIDER shall hold CITY, its officers, boards and commissions , 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 it officers, boards and commissions, and members thereof, its employees or agents, be named in any suit, or should any claim be made against - 4 - it II it or any of them by suit or otherwise, whether the same may be groundless or not, arising out of or relating to thisI 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 th4e amount of at least $300 , 000 combined single limit for each I 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 addi- tion to the limits of coverage provided hereinabove, the certifi- cate or other documentation shall also provide that .the City of Redding, its commissions, officers, employees and agents are named as additional insureds under the coverage afforded, that the coverage afforded its 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. - 5 - u • • q . 9 . LEGAL COMPLIANCES. PROVIDER shall at all timeslduring the term of this Agreement comply with all legal require- ments , including any applicable Federal, State or City regula- �t tions , and shall secure at its full cost and expense any and all permits , applications or other requirements in connection there- with. 10 . CONDITIONS OF AGREEMENT. A. City shall retain ultimate control over matters involv- ing the exercise of judgement and discretion in carrying out the intended program provided for by CDBG funds. B. Provider shall comply with the requirements qf Title 24 , Part 135 , Employment Opportunities for Businesses yand Lower- Income Persons in Connection with Assisted Projects. C. No member of or Delegate to the Congress oflithe 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 iOf Redding, or its designees or agents, no members of the governing body of the City of Redding, and no other public official of lithe City of Redding who exercises any functions or respnsibilities with respect to the program during his tenure or for one year - 6 - I 1 • • • thereafter shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof , forllwork 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 Developmient 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,llicitation, 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.,) 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 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. - 7 - 411 • 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 !Ihandicapped individual. - CITY OF REDDING ( . �-'��.-1 ATTEST: By MIKE DAHL, Mayor 1 ETHEL A. NICHOLS, City Clerk PEOPLE OF PROGRESS FORM APPROVED: B &-e)---( 8,0.D. B �P... � i h (6-(1 7. RANDALL A. HAYS, City Attorney fel - I it - 8 - 4 EXHIBIT "A" The Community Garden Project shall offer City residents the opportunity to grow their own food at little or no cost. Instruction shall be provided by PROVIDER to each individual gardener, along with free seeds, available tools and equipment, plus various other materials necessary to gardening. Paid gardeners shall be on the premises who ensure irrigation systems, tools, and equipment are in working order, plots are blocked out and rototilled, supplies are on hand, and to ensure participants receive the technical assistance they may need. Garden plots shall be rented to participants at a reduced cost ifltheyare low-income. CDBG funds shall be used for 50% of staff ' salaries, all water supply costs, approximately 40% of garden supplies, and eligible capital improvements. Because the Community Garden is dependent on seasonal changes and the weather, it is recognized that some of thespecific milestones listed below may overlap into another ) quarter; however, this does not preclude the completion of these specific objectives during the term of the Agreement. The ) following outline provides an overview of specific accomplishments that will be attained as a result of provision of CDBG funds). 1st Quarter - Maintenance of crops by participants Repair of water lines by staff. it Intake of supplies by staff. 2nd Quarter - Clean up of total garden areas. Major repairs on irrigation lines. Construction of garden implements. Rototilling of all plots. General preparation of winter gardens. 3rd Quarter - Maintenance of equipment. Preparation of plots with chemicals,; fertilizers, etc. Construction of new irrigation systems. 4th Quarter - Blocking out plots. Instructing new gardeners. Stocking supplies. • • • EXHIBIT "B" 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: $ 11 6. City funds as percentage of net expenditures ( #4 divided by #3 ) : _ 7 . Total clients served: ( 100%) (a) City of Redding residents it ( %) (b) Non-City of Redding residents N ( %) 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) 11