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HomeMy WebLinkAboutReso. 1985 - 170 - Approving the golden umbrella agreement for transportation services and authorizing the mayor to sign said agreement • RESOLUTION NO. 35170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE GOLDEN UMBRELLA AGREEMENT FOR TRANSPORTATION SERVICES , AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. 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 Golden Umbrella Agreement providing for transportation services for low mobility individuals, including the elderly and handicapped in 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 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 attached hereto and made a part hereof. I HEREBY CERTIFY that the foregoing resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 19th day of August , 1985 , and • • was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, Pugh, & Kirkpatrick NOES: COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None /I/ '/4H/O47W,?Ae/R61D-4,-. 0EP-4-4°--bofeeC-4- D. KIRKPAT$ICK, Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: Jerfeee RANDALL A. HAYS, Ci Attorney -2- • • AGREEMENT FOR TRANSPORTATION SERVICES FROM GOLDEN UMBRELLA THIS AGREEMENT, entered into this day of , 1985, by and between the CITY OF REDDING, hereinafter called "City," and GOLDEN UMBRELLA: WITNESSET H: WHEREAS, City, as a general law city of the State of California , has the power and authority to render assistance in the form of transportation for low-mobility individuals, including the elderly and handicapped citizens of the City of Redding; and WHEREAS, The City has a 12-passenger Collins , Omni/Bus with a Saf-T-Lift that is to be used for the purposes of providing handicapped accessible trans- portation for low-mobility individuals, including the elderly and handicapped; and WHEREAS, Golden Umbrella is a non-profit California corporation with its principal place of business located in the Redding area , engaged in providing social services to the senior and handicapped popoulation in the City of Redding; and WHEREAS, Golden Umbrella has received an Adult Day Health Care grant which will provide day care services to elderly and handicapped adults, and is in need of a bus to provide transportation in support of the day care services; NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows : 1 . The above recitals are true and correct. 2. City shall provide to Golden Umbrella the use of one 1983 12- passenger Collins, Omni/bus with a Saf-T-Lift in consideration of Golden Umbrella providing transportation to the elderly and handicapped who are participating in the ADHC activities and to other elderly or handicapped persons if additional space is available for the period commencing September 1 , 1985, and terminating August 31 , 1988. Nothing herein shall be construed as a promise or indication whatsoever of the availability of future use of the bus . • • 3. During the term of this agreement, Golden Umbrella shall continue to render transportation assistance to the elderly and handicapped citizens of City pursuant to State and Federal laws applicable thereto. 4. Golden Umbrella's accounting and financial reporting system shall be in accordance with generally accepted accounting principles or with uniform standards that the State may establish. Golden Umbrella shall establish and maintain a separate account specified for the fiscal activities of the Project. All fiscal and accounting records and other supporting papers shall be maintained for a minimum of three years following the close of the fiscal year of expenditure and shall be held open to inspection and audit by State and City representatives. Actual costs charged to the Project shall be supported by properly executed payrolls , time records , invoices , or vouchers , providing evidence in proper detail of the nature and propriety of the charges incurred by Golden Umbrella. 5. City shall retain ultimate control over matters involving the exer- cise of judgment and discretion in carrying out the intended program of trans- portation to the elderly and handicapped residents of City that is to be provided by this bus . 6. The bus herein provided by City to Golden Umbrella shall not be used for purposes other than those agreed to herein. 7. No provision herein shall conflict or override the Federal or State statutes and regulations which control the operation of Golden Umbrella . 8. Golden Umbrella shall not discriminate against any person on the grounds of ethnic group identification, color, physical or mental disability, age, sex or religion. • 9. In providing its services , Golden Umbrella will act as an independent contractor and no officer or employee of Golden Umbrella will be deemed a City officer or employee for any purpose. Golden Umbrella shall provide a licensed driver, operating and maintenance costs , and insurance. Golden Umbrella shall maintain Workmen 's Compensation insurance and public liability insurance during the term of this agreement and, prior to the transfer of possession, 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. These amounts shall be either (1) a minimum of $100,000 per person and $300,000 per occurrence, public liability and $50,000 property damage, or (2) the amounts required by the California Public Utilities Commission for passenger stage corporations, whichever is greater. 10. In the event Golden Umbrella violates the provisions of this agree- ment 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 thirty (30) 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 Golden Umbrella . 11 . This AGREEMENT is subject to approval by the State of California. 12. As subcontractor to Agreement No. 64622 between City of Redding and the State of California , Golden Umbrella shall comply with all provisions of said agreement as they pertain to the operation and use of the bus. This includes prohibited interests , minority business enterprise and fair employment practices. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. • • CITY OF REDDING By HOWARD D. KIRKPATRICK, Mayor GOLDEN UMBRELLA By By ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney