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HomeMy WebLinkAbout2002-077 , 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , '. 1 2 3 4 5 6 7 RESOLUTION NO, 2002-77 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR FINANCIAL ASSISTANCE IN THE AMOUNT OF $5,000 FROM ASSET FORFEITURE FUNDS IN SUPPORT OF THE JUNIOR POLICE ACADEMY AT LYTLE CREEK ELEMENTARY SCHOOL. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 8 CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, an agreement with the San Bernardino City Unified School District for an Asset Forfeiture fund allocation in the amount of $5,000, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption of this resolution. III III III III III III III III " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2002-77 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR FINANCIAL ASSISTANCE IN THE AMOUNT OF $5,000 FROM ASSET FORFEITURE FUNDS IN SUPPORT OF THE JUNIOR POLICE ACADEMY A T LYTLE CREEK ELEMENTARY SCHOOL. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint reg. meeting thereof, held on the 4th day of March Council Members: AYES ESTRADA x LIEN x MCGINNIS x x DERRY SUAREZ x ANDERSON x MCCAMMACK x ~ , 2002, by the following vote, to wit: NAYS ABSTAIN ABSENT ~ark~;ty~ The foregoing resolution is hereby approved this, 571-1 day of March 2002. Approved as to Form and legal content: J it.:~alles, Mayor ity l San Bernardino JAMES F, PENMAN, City Attorney By: L ?,f~ () ..'-. " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ----, 2002-77 ORIGINAL Attachment "A" AGREEMENT This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City" and the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, referred to as "Organization," The parties agree as follows: I. Recitals. A, Organization has requested financial assistance from City for the Fiscal year 2001102, in order to assist in defraying the expenses connected with the conduct of the activities of the Junior Police Academy (IPA), as outlined in JPA Budget, a copy of which is attached hereto marked Exhibit "A". The terms of the request are incorporated herein by reference and shall govern the uses of the funds provided herein. The financial assistance provided for in this agreement is made on a one-time basis, and receipt of said funds shall not imply a continuing obligation of the City beyond the terms of this agreement. B. The expenditure is for a valid municipal public purpose, to wit: for the conduct of activities related to the Junior Police Academy at Lytle Creek Elementary School, for the balance of the fiscal year. 2, Payment. Upon presentation of a claim to the Police Department, City shall pay to organization from the Asset Forfeiture fund for the 2001102 fiscal year, the total sum of FIVE THOUSAND DOLLARS ($5,000). " 2002-77 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR FINANCIAL ASSISTANCE FROM FY 2001102 1 ASSET FORFEITURE FUNDS IN SUPPORT OF THE JUNIOR POLICE ACADEMY AT LYTLE CREEK ELEMENTARY SCHOOL 2 3 3, Use of Funds, 4 5 6 The funds paid to Organization shall be used solely for the purposes set forth in Paragraph I above, No deviation from these provisions shall be made without the express approval of the City of San Bernardino, Any unexpended funds shall be returned to the City by 7 8 Organization. 9 10 4. Accountability, Financial records shall be maintained in accordance with generally 11 accepted accounting principles by Organization in such manner as to permit City to easily trace 12 the expenditure of the funds, All books and records of Organization are to be kept open for 13 inspection at any time during the business day by the City or its officers or agents. Failure to 14 15 16 17 submit the financial records in accordance with this section will result in the Organization reimbursing the City in the full amount received by Organization. Since this agreement is entered into with the understanding that the San Bernardino City Unified School District will o 18 provide a dollar-for-dollar match up to $5,000, at the conclusion of the program, Organization 19 20 21 22 23 24 shall present the City Administrator or his designee copies of all receipts for expenditures connected with said program in the total amount of $] 0,000. If Organization does not submit receipts totaling $10,000 which City deems appropriate, Organization shall remit to City one-half of the difference between $] 0,000 and the amount of said appropriate receipts so submitted. 5, Hold Harmless. 25 Organization covenants and agrees to defend, indemnify, and hold 26 harmless the City and its officers, employees and agents from all liabilities and charges, expenses 27 (including counsel fees), suits, or losses, however occurring, or damages arising or growing out 28 2 " ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2002-77 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR FINANCIAL ASSISTANCE FROM FY 2001102 ASSET FORFEITURE FUNDS IN SUPPORT OF THE JUNIOR POLICE ACADEMY AT LYTLE CREEK ELEMENT AR Y SCHOOL of the use or receipt of the funds paid hereunder and all operations under this agreement Payments hereunder are made with the understanding that the City is not involved in the performance of services or other activities of Organization, The costs, salary and expenses ofthe City Attorney and members of his office in enforcing and defending this Agreement on behalf of the City shall be considered as "counsel fees" for the purpose of this paragraph, 6, Insurance, While not restricting or limiting the foregoing, during the term of this agreement, Organization shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1 ,000,000, per occurrence combined single limit, naming the City of San Bernardino, its officers, employees and agents, as additionally insured, Said coverage shall require ten (10) day written notice to the City if insurance is terminated or materially altered, 7, Termination, City shall have the right to terminate this agreement by mailing a ten-day written notice to Organization and this agreement shall terminate ten days after themailingofsuchnotice.In the event this agreement is terminated for reasons of improper use of funds or use of funds for any purpose other than those authorized, any unexpended portion ofthe funds provided by City shall be returned to City. In addition, Organization shall reimburse to City any funds expended which were used for any purpose other than those authorized under this agreement 8, Authorization to Execute, Organization hereby covenants that it has taken all actions necessary to 3 2002-77 , . AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR FINANCIAL ASSISTANCE FROM FY 2001/02 1 ASSET FORFEITURE FUNDS IN SUPPORT OF THE JUNIOR POLICE ACADEMY AT LYTLE CREEK ELEMENTARY SCHOOL 2 3 make the adherence to the obligations imposed by this agreement a binding obligation of the 4 organization, 5 9. Notices, 6 7 8 Sent by certified mail, postage prepaid, addressed as follows: All notices herein required shall be in writing and delivered in person or As to Organization: San Bernardino City Unified School District 777 No, "F" Street San Bernardino, CA 92410 Attn: Dr. Arturo Delgado, Superintendent 4 " 2002-77 10. Entire Agreement. 4 This agreement and any documents or instruments attached hereto or 5 referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and 6 supersede all negotiations and prior writing in respect to the subject matter hereof. In the event 7 8 of conflict between the terms, conditions or provisions of this agreement, and any such document or instrument, the terms and conditions of this agreement shall prevail. 9 10 In witness whereof, the parties hereto have executed this agreement on the day and date 11 first above shown. 12 13 14 15 16 17 CITY OF SA~ ERNARDINO , 12((' Judith,Val s;Mayor / SAN B.~JnINO C Y UNIFIED SCHOOL DISTRICT I. By. \. Dr. Arturo Delgado, By. 18 ATTEST: 19 By: ~ 20 City lerk 21 22 23 24 ;b.~ Approved as to form and legal content: James F. Penman City Attorney 25 26 By: L t-f~ o 27 28 5 Object Cod" I. Transportation/Field TripS Ouannlv Ce,t Per Unit Total Cost 5812 .Iparnd\~. . FBstcr (t<lIllidtl'io) I $200,00 $200,00 5812 . Cioco de Mayo (rOUlld mo) 1 $200.00 $200.00 5812 .l(balance of vear) . Memorial Oay (round trlt:)_ __ ~ $2CQOO. $200.00 5812 . July 4th (toulId trill) 1 .$200,00 $200.00 5812 . others . K.9 Trials (round trill) 1 $200.00 $200.00 5lU2 _. Glen Hcl..,Pcliw (tot';;d trio) . I' S200.oo - $200.00 5812 . parades . Watet (4U 75 per plUOOe 30016 $~.OO _ $100.00 ~ . Frail. (4l ~ 75 per parade 300/6 $2.00 :mX).(lO ;)Ill5Cl . Ceremonies/Graduation 5886 . gradUl\tion . wtir"'llIe. - - 75 5886 . awmd. (meMls) 75 5886 . Ilroume, 2 -- 4330. Refreshmer.ls . pu."lch!,~c"'P.peI goods 0 57131 . Printinl1 5713 1 I - I .!plrlnling (35 pges pet boob (16) 4300 I . Unifonn;5 (15 (:omnlllte sets) & Accessories 4300 . Boots -- 4300..... . Rockel'l1 4300 . JPA Acadcl!!Y Patches - 4300 . Name Strips 43()() . Cloth BaMes 4300 . F!al! 4300 . T-shirt (vol/th) 4300 ~ _It T-shirt (adultl 43CXJ . Shorts 4300 . BU"l 4300 . Agent 43(tJ . Bel ts 4300 . Binders 4300 . Shoulder CQrd~ 4300 Sinl!le SU"3nd _w J tip 4300 Annv SI.vle 4300 . Shirts 4300 Kids Twill Short Sieeve 4300 Pants 4300 Kids Pants 439() I . ShIrts 43901 Adult Short Sleeve Work 4390 . Pants 4390 Mens Pants 2002-77 lPA Required Budget February-June 2002 $1.00 -floc $25.00 $0,00 75 $~.lOI $75.00 $150.00 $50.00 $241.65 :5157,50 7.5 $29.95 $2.246.25 75 $1.00 $75.00 .._ --J~,-- $259 $187.50 75 $3.50 $262.50 75 $2.50 $J87,50 75 JO.95 I $71.25 35 $5,~ $175.00 40 $6.QQ.L-.!2~~ 75 $6.75 $506.25 .~J.l2.95 $971.25 75 $6.95 $521.25 i5 $5.(;0 . $75.00 75 ~_ $3.39 $2.54.25 75 75 $12.00 $9.00 15 $13.95 i --t=- 15 $15J~) -t-~_ $J7.95 -l 4i ~.95 --r-900.00 $675.00 $209 ,25 $225.m ,--...:.:.:.::.:: $71.80 :S7l.8G Tot..1 $10,000,01) EO 'd 880t> S88 606 il31N38 (j~Nll\i Wd ,~t: 20 (,002-82-83.:f