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HomeMy WebLinkAboutReso. 1987 - 278 - Approving a funding agreement for people of prgress inc and authorizing the may to sign same • • ii RESOLUTION NO. ' 2 2Y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING A FUNDING AGREEMENT FOR PEOPLE OF PROGRESS , INC. , AND AUTHORIZING THE MAYOR TO SIGN SAME. BE IT RESOLVED by the City Council of the City of: Redding as follows: 1 . That the City Council of the City of Redding hereby approves the attached Funding Agreement between the City of Redding and People of Progress , Inc . , which provides for financial assistance by the City; and 2 . That the Mayor of the City of Redding ilis 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 Ito impress the official seal of the City of Redding on the aforesaid Agreement, when appropriate. 3 . That a true copy of said Agreement is attached hereto and incorporated herein by reference. I HEREBY CERTIFY that the foregoing Resolution Vas intro- duced and read at a regular meeting of the City Council of the City of Redding on the 15th day of September , 19817 , 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 Ii ABSTAIN: COUNCIL MEMBERS: (7(j.;"4--LI MIKE DAHL, Mayor City of Redding ATTEST: FORM APPROVED II ig4-dee‘/Id. ETHEL A. NICHOLLS , City Clerk RA DALL A. HAYS, Ci y Attorney .. f 410 • FUNDING AGREEMENT FOR PEOPLE OF PROGRESS , INC. THIS AGREEMENT , entered into this day of 1987 , by and between the CITY OF REDDING, hereinafter called "City, " and the PEOPLE OF PROGRESS , INC. , hereinafter called "POP" : WITNESSETH: WHEREAS , City, as a General Law City and Municipal Corpora- tion of the State of California, has the power and authority to render financial assistance for the provision of food to the poor and disadvantaged citizens of City and to the elderly poor who reside in City; and WHEREAS , POP is a non-profit corporation with its principal place of business located in Redding, engaged in the operation of community gardens and market and assisting with private home gardens for the benefit of the aged and low income !!citizens of City; and WHEREAS , POP is better equipped and staffed to render social services in the form of community gardens and markets to the aged and poor than is the staff of City; NOW, THEREFORE , IT IS AGREED by and between the parties hereto as follows : 1 . The above recitals are true and correct. 2 . This Agreement shall be for the term commenting Septem- I ber 1 , 1987 , and terminating June 30 , 1988 . 411 III , 3 . During the term of this Agreement, POP shall continue to operate its gardening projects pursuant to any Federal, State or local laws applicable thereto. 4 . In support of said services and for the term of this Agreement, City shall pay to POP the sum of One Thousand, Five Hundred and 00/100 Dollars ($1 , 500 . 00) for seeds and fertilizer. City will furnish water services to POP for thii community gardens at an estimated cost to City of One Thousand, Six Hundred and 00/100 Dollars ($1 , 600 . 00) . Payment of said funds will be made in accordalnce with a schedule established by the Director of Finance of City. Nothing herein contained shall be construed as a promise or indication whatsoever of the availability of future funding by City for POP. 5 . Unless otherwise approved, funds paid hereunder shall be deposited in a Redding, California, bank with fiscal control as approved by the Director of Finance of City. All funds paid hereunder shall be used within two (2) years after receipt thereof by POP. 6 . Upon ten (10) days ' notice, POP covenants avid agrees to provide to City all of its books and records of accouints showing its sources of income , all of its expenditures , andall of its costs of operation. 7 . City shall retain ultimate control over matters invol- ving the exercise of judgment and discretion in carrying out the gardening programs which are to be provided by these funds . No portion of the funds herein provided shall be used for lobbying or for any purposes other than those agreed to herein.' -2- e I . 8 . POP shall comply with the prevailing wage provisions of the Davis-Bacon Act on any project costing in excess of $2 , 000 . 00 when 25% or more of the costs of such project are paid with funds received from City. 9 . POP shall pay individuals employed in jobs ,l financed in whole or in part with funds received from City not less than the prevailing rates of pay for such jobs . This provisilan does not apply to an employee or employees in any program category who is being paid in whole or in part with general funds received from City, unless 25% or more of the total wages paid to all employees in that category are paid from funds received from City. 10 . POP shall not discriminate against any person on the II grounds of race, color, national origin, age, sex or riieligion, or against an otherwise qualified handicapped individual . 11 . In providing its services , POP will act as an indepen- dent contractor and no officer or employee of POP will be deemed a City officer or City employee for any purpose. 12 . POP shall maintain Workmen' 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 City a certificate evidencing such Workmen' s Compensation insurance and evidencing such public's liability insurance in amounts as follow: $300 , 000 . 00 per person and $500 ,000 . 00 per occurrence for public liability; and $50 , 000 . 00 for property damage . 13 . In the event POP violates the provisions of this Agreement for any reason other than the occurrence of II -3- • • • circumstances over which it can exercise no effective control and such violation shall not be cured or remedied withinl sixty (60) days after notice thereof by City, in addition to any other remedies provided for in this Agreement, City shall have the it right to terminate this Agreement by written notice iduly served upon POP. 14 . It has been determined that this matter is not subject to the provisions of CEQA. IN WITNESS WHEREOF, the parties hereto have executed this it Agreement on the day and year first above written. II CITY OF REDDING By MIKE DAHL, Mayor PEOPLE OF PROGRESS , INC.11 By By ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS , City Attorney -4-