The URL can be used to link to this page

Home My WebLink AboutReso. 1990-521 - Approving Agreement with People of Progress for Community Garden Services • � � RESOLUTION NO. O'S A RESOLUTZON OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING TAE AGREEMENT BETWEEN THE CITY OF REDDING AND PEOPLE OF PROGRESS FOR COMMUNITY GARDEN SERVICES AND AUTHORIZING THE CITY MANAGER 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 of the City of Redding. 2 . The City Manager 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 City Manager 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 introduced and read at a regular meeting of the City Council of the City of Redding on the 6th day of November , 1990 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness , Dahl , Moss & Buffum NOES: COtJNCIL MEMSERS: None ABSENT: COiJNCIL MEMBERS: Fulton ABSTAIN: COUNCIL MEMSERS: None � �� ./ir � CY FUM, yor it f Redding ATTEST: FORM APPROVED: %C � � Cl.� �P� ��/ �� ETHEL A. NICHOLS, City Clerk RA DI� ALL A.�HAY � Attorney �� AGREEMENT BETWEEN CITY OF REDDING AND PEOPLE OF PROGRESS THIS AGREEMENT, made and entered into this day of 19 , by and between the CZTY OF REDDING, a 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 undei the laws of the State of California and qualifying for Federal tar exempt status ; and WHEREAS, the CITY has allocated 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 CI'I'� as follows : 1 . PROVISIONS AND SERVICES. PROVIDER will render to City of Redding residents the opportunity to enhance their self sufficienc} by growing their own produce at the Diestelhorst, Communit� (:arr9anc _ anA _ aftar r9avPlnnmPnt _ a thi rr9 ci tF_ � � 2 . TERM/TERMINATION. The term of this Agreement shall be for the 12-month period beginning September 1 , 1990 , and ending August 31 , 1991 . In the event PROVIDER violates the provisions of this Agreement 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 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 this Agreement at any time subject to PROVIDER first complying with any and all of its provisions to that point and upon PROVIDER serving thirty ( 30 ) days ' written notice to CITY of intent to terminate services. 3 . USE OF FUNDS. Use of CITY' s funds allocated hereunder to PROVIDER shall be subject to the following terms and conditions: A. Any funds paid to PROVIDER shall be used solely for the purposes set forth in Exhibit "A" . B. Funds paid hereunder shall be expended solely for the bene£it of City of Redding residents, i .e. , persons living within the corporate limits of the CITY. C. CITY funds shall be expended for the benefit of all City of Redding residents regardless of the age of the resident. - 2 - . . � � . 4 . APPORTIONMENT OF FUNDS. The CITY shall pay to the PROVIDER a sum not to exceed $6 , 700 . 00 . Said funds shall be used for those activities as set out in the "Scope of work" section of this Agreement. PROVIDER shall submit to the CITY invoices or records to substantiate all requests for reimbursement of expenditures. 5 . DOCUMENTS, REPORTS, AND RECORDS. PROVIDER shall at all times maintain a complete and current set of financial and sta- tistical records of all its activities , whch 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 the CITY. All such records shall be in a form satisfactory to the CITY 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 , the 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. 6 . HOLD HARMLESS CLAUSE. In providing its services , PROVIDER will act as an independent contractor, and no officer or employee of PROVIDER will be deemed a CITY officer or employee for any purpose, PROVIDER shall hold the CITY, its officers, boards and - 3 - . � � . commissions and members thereof , its employees and agents harmles� of and free from any and all liabilities which might arise out of or are related to the acts or omissions of the PROVIDER in any wa} relating to the subject matter of this Agreement. CITY shall hold PROVIDER, its officers, boards and commisions, and members therof , its employees or agents, harmless of and free from any and all liabilities which arise out of or are related tc the acts or omissions of the CITY in any way relating to the subject matter of this Agreement. PROVIDER shall indemnify CITY, its officers, boards and commissions and all members thereof, its employees and agents, fron any judgment rendered against them or any sums paid out ir settlement, or otherwise, arising out of any act or omission of PROVIDER in any way relating to the subject of this Agreement. CITY shall indemnify PROVIDER, its officers, boards an� commissions and all members thereof , its employees and agents, fron any judgment rendered against them or any sums paid out ir settlement, or otherwise arising out of any act or omission of CITS in any way relating to the subject of this Agreement. 7 . INSURANCE PROVISIONS. PROVIDER shall obtain comprehensivE general liability insurance naming the City, its officers , agents, and employees as additional insureds in the amount of $500 , 00( combined single limits. A policy of worker ' s compensatior - 4 - • • . � � . insurance meeting California statutory requirements shall be obtained. A certificate of insurance evidencing such comprehensive general liability insurance and worker ' s compenstion insurance shall be furnished to the City guaranteeing City 10 days ' notice oi cancellation or reduction in coverage in a form approved by the City Risk Manager. 8 . LEGAL COMPLIANCES . PROVIDER shall at all times during the term of this Agreement comply with all legal requirements, including any applicable Federal, State, or City regulations anc shall secure at its full cost and expense any and all permits, applications, or other requirements in connection therewith. 9 . CONDZTIONS OF AGREEMENT. PROVIDER shall not discriminatE against any person on the grounds of race, color, national origin, age, sex, or religion, or against an otherwise qualifie� handicapped individual. 10 . CEQA. Zt has been determined that this matter is not subject to the provisions of the California Environmental Qualit} Act. IN WITNESS WHEREOF, the parties hereto have executed thi: Agreement on the day and year above written. - 5 - � � � � CITY OF REDDING BI' ROBERT M. CHRISTOFFERSON, City Manager ATTEST: ETHEL A. NICHOLS, City Clerk PEOPLE OF PROGRESS By ANNE M. WILLIAMS, Director FORM APPROVED: RANDALL A. HAYS, City Attorney By Chairman of the Board - 6 -