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HomeMy WebLinkAboutReso. 1986 - 251 - Approving an agreement for temporary funding between the city of redding and martin luther king jr RESOLUTION NO. gG -2S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AN AGREEMENT FOR TEMPORARY FUNDING BETWEEN THE CITY OF REDDING AND MARTIN LUTHER KING, JR. MEMORIAL CENTER, 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 Agreement for Temporary Funding between the City of Redding and Martin Luther King, Jr, Memorial Center; and 2. That 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 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 was intro- duced and read at a regular meeting of the City Council of q\ V\ _ , III, . III the City of Redding on the 15th day of September , 1986 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Dahl , Gard, Johannessen, & Fulton NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ______% -.2>/-:,a,“-L__--/7/ LEE D. FULTON, M.D. , Mayor City of Redding ATTEST: 22%10,7, ETHEL A. ICHOLS, City Clerk FORM APPROVED: d4,,,,,,,,, d, / - RA LL A. HAYS, Ci ,� Attorney -2- - , 111 III AGREEMENT FOR TEMPORARY FUNDING OF MARTIN LUTHER KING, JR. MEMORIAL CENTER THIS AGREEMENT entered into this 5-411 day of d ember , 1986, by and between the CITY OF REDDING, hereinafter called "City, " and MARTIN LUTHER KING, JR. MEMORIAL CENTER, hereinafter called "MLK" : WITNESSET H: WHEREAS, City, as a general law city of the State of California, has the power and authority to render recreational and social services to the citizens of the City of Redding; and WHEREAS, MLK is a non-profit California corporation with its principal place of business located in the Redding area, engaged in a program of providing health, recreational, social and similar community services for the benefit of any and all citizens in the City of, Redding; and WHEREAS, MLK is better equipped and staffed to render such services than is the staff of the City of Redding; NOW, THEREFORE, IT IS AGREED by and betweenthe parties hereto as follows: 1 . The above recitals are true and correct. 2 . City shall pay to MLK the sum of Two Thousand Dollars ($2 , 000. 00) per month for three (3) months in consideration of MLK providing health, recreational, social and similar community services to the citizens of Redding, for the period , commencing September 1 , 1986 , and terminating November 30 , 1986. Payment of said funds will be made in accordance with a schedule established by the Director of Finance 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 MLK. 3. During the term of this Agreement, MLK shall continue to render its services to the 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 Director of Finance. 5. Upon ten (10) days ' written notice, MLK 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 involy- ing the exercise of judgment and discretion in carrying out the intended program of services that are to be provided by these funds. 7. No portion of the funds herein provided by City to MLK shall be used for purposes other than those agreed to 'herein. 8 . No provision herein shall conflict or override the state or federal statutes and regulations which control the operation of MLK. 9. In providing its services, MLK will act as an indepen- dent contractor and no officer or employee of MLK will be deemed a City officer or employee for any purpose. MLK shall maintain Worker' s Compensation insurance and public liability insurance -2- . • • during the term of this Agreement and, prior to the payment by City of any funds, shall provide to the City Clerk oflthe City of Redding a Certificate evidencing the existence of such Worker' s Compensation insurance and a Certificate evidencing such public liability insurance, in amounts as follows: $100 , 000 per person and $300 , 000 per occurrence, public liability; and $50, 000 property damage. 10 In the event MLK 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 provided for herein, City shall have the right to terminate this Agreement by written notice duly served upon MLK. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF REDDING By LEE D. FULTON, M.D. , Mayor MARTIN LUTHER KING, JR. MEMORIAL CENTER By 7/ By,.. !i�-G� e lyr, ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney -3-