HomeMy WebLinkAbout1992-020
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RESOLUTION NO. 92-20
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE PROVISIONAL ACCELERATED LEARNING CENTER FOR
COLLATERALIZED MORTGAGE OBLIGATION RESIDUAL FUNDS IN THE AMOUNT OF
$83,041. 76
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 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 the City, an
agreement with the Provisional Accelerated Learning Center ("Pal
Center"), a copy of which agreement is attached hereto as Exhibit
"A", and is incorporated herein by reference as though fully set
forth at length, which agreement provides for the granting of
Collateralized Mortgage Obligation ("CMO") residual funds in an
amount not to exceed $83,041.76.
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referenced agreement is rescinded if the parties to the agreement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 passage of this
resolution.
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DAB/js/PAL-Cntr.Res
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE PROVISIONAL ACCELERATED LEARNING CENTER FOR
COLLATERALIZED MORTGAGE OBLIGATION RESIDUAL FUNDS IN THE AMOUNT OF
$83,041.76
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
adjourned
Bernardino at an reg" 1 ar meeting thereof, held on the 21 sf"
7 day of
.Tannary
, 1992, by the following vote, to wit:
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22 Approved as to
form and legal content:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
REILLY X
HERNANDEZ x
MAUDSLEY x
MINOR X
POPE-LUDLAM X
MILLER x
q~~
Ci t Clerk )
of
The foregoing resolution is
January , 1992.
-:/
24th
day
.~/-
lcomb, Mayor
San Bernardino
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JAMES F. PENMAN,
24 City Attorney
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DAB/js/PAL-Cntr.Res
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Res. No. 92-20
AGREEMENT
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2 THIS AGREEMENT entered into effective as of this FIRST day of JULY.
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3 I 1991. at San Bernardino. California. between the CITY OF SAN BERNARDINO. a
4 public agency ("CITY"). and the PROVISIONAL ACCELERATED LEARNING CENTER ("PAL
G Center"). The CITY and PAL Center agree. as follows:
6 1. Recitals.
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(a) PAL Center has requested financial assistance from the CITY
for Fiscal Year 1991/1992 from funds available through Collateralized Mortgage
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Obligation ("CMO") residual funds.
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(b)
PAL Center represents that the expenditures authorized by
11 this Agreement are for valid and eligible public service purposes and that all
12 funds granted under this Agreement will be used for no purpose other than
13 those purposes specifically authorized. The specific purposes and scope of
14 services of this particular Agreement are set forth in Exhibit "A", attached
1~ hereto, and incorporated by reference into this Agreement as though fully set
a
16 forth at length.
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2.
Pavments.
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(a)
Except as provided in subparagraph (b) below. CITY shall
1!J reimburse PAL Center for allowable costs incurred under the scope of this
20 Agreement limited however to utilities and personnel costs. which have not
21 been paid for or reimbursed in any manner by any other agency or private
22 source of funding. Reimbursements will be made at least on a monthly basis.
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(b)
Upon the execution of this Agreement CITY shall provide PAL
24 Center with $10.096.76 to cover start up costs to be used for allowable costs
2G under the scope of this Agreement.
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(c)
Initial funds and reimbursements shall not total an amount in
27 excess of $83.041.76.
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PROVISIONAL ACCELERATED LEARNING CENTER
APPROVED: 07/01/1991
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3. Term.
This Agreement shall commence on the date first hereinabove written
and terminate June 30, 1992.
4. Use of Funds: Budaet: Travel Limitation.
(a) The funds paid to PAL Center shall be used by it solely for
the purposes set forth in Paragraph l(b) of this Agreement and in accordance
with the project budget, shall list all sources of funding for the project
covered by this Agreement, whether from state, federal, local or private
sources and shall identify which sources are paying for which specific
portions of the project, by line item, to the extent practicable.
(b) The parties intend that grant funds be utilized within the
time period covered by this Agreement, and entitlement to any funds not
expended or obligated shall revert to the CITY. No reserve for the future
shall be established with the funds except as may be authorized to meet
commitments made for purchase of equipment during the period of this
Agreement, but not yet paid for at the conclusion of this Agreement.
(c) PAL Center shall remain in compliance with all state, federal
and local laws prior to the receipt of any reimbursement hereunder. This
includes, but is not limited to, all laws and regulations relative to the form
of organization, local business licenses and any laws and regulations specific
to the business and activity carried out by PAL Center. Reimbursement shall
not be made to PAL Center when it is not operating in compliance with all
applicable laws. Reimbursements may be subsequently paid, at the discretion
of the Executive Director of the Development Department, for reimbursement
costs incurred during the period when compliance is achieved before expiration
of this Agreement.
5. Accountina: Audit.
(a)
Prior to the final payment under this Agreement, and at such
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other times as may be requested by the Executive Director of the Development
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Department of the City of San Bernardino, PAL Center shall submit to the
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Executive
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Director an accounting of the proposed and actual expenditures of all
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revenues, from whatever source, accruing to the organization for the fiscal
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year ending June 30, 1992.
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(b)
Financial records shall be maintained by PAL Center in accordance
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with Generally Accepted Accounting Principles, and in a manner which permits
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CITY to trace the expenditures of funds to source documentation. All books
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and records of PAL Center, relative to this AGREEMENT, are to be kept open for
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inspection at any time during the business day by the CITY, its officers or
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agents, and by any repre- sentative of the CITY authorized to audit this
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program.
(c)
PAL Center's financial management system shall provide for
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accurate, current and complete disclosure of the financial results of each
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project sponsored by this Agreement. It is the responsibility of PAL Center
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to adequately safeguard all assets of the project and PAL Center shall ensure
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that they are used solely for authorized purposes.
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6. Services Available to Residents: MOnitorina and Renortina Proqram
Performance.
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The services provided by PAL Center as part of the Provisional
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Accelerated Learning Center program will be available to residents living
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within the City of San Bernardino. No person shall be denied service because
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of race, color, national origin, creed, religion, sex, marital status, or
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physical handicap. PAL Center shall comply with Affirmative Action guidelines
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in its employment practices. PAL Center will monitor its program activities
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and submit written reports quarterly, or more often if requested, to the
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Executive Director of the Development Department. CITY reserves the right to
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waive such breach, without prejudice to any other of its rights hereunder,
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upon a finding by the Executive Director of the Development Department, that
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such failure was due to extraordinary circumstances and that such breach has
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been timely cured without prejudice to the CITY.
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7.
Procurement Practices: Conflict of Interest.
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PAL Center shall maintain a code or standards of conduct which
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shall govern the performance of its officers, employees or agents in
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contracting with and expending grant funds made available to PAL Center under
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this Agreement. PAL Center's officers, employees or agents shall neither
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solicit nor accept gratuities, favors, or anything of monetary value from
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contractors or potential contractors. To the extent permissible by state law,
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rules and regulations, the standards adopted by PAL Center shall provide for
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penalties, sanctions or other disciplinary actions to be applied for
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violations of such standards by either the PAL Center's officers, employees or
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agents, or by contractors or their agents. PAL Center shall provide a copy of
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the code or standards adopted to the CITY forthwith. All procurement
transactions, without regard to dollar value, shall be conducted in a manner
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so as to provide maximum open and free competition. The PAL Center shall be
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alert to organizational conflicts of interest or non-competitive practices
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among contractors which may restrict or eliminate competition or otherwise
restrain trade.
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8. Anti Kick Back Provisions: Eaual BmDlovment OoDortunitv.
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All contracts for construction or repair using funds provided under
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this Agreement shall include a provision for compliance with the Copeland
"Anti-Kick Back" Act (IB.USC B74) as supplemented in the Department of Labor
Regulations (29 CFR, Part 3). This Act provides that each contractor shall be
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prohibited from inducing, by any means, any person employed in the
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construction, completion or repair of public work, to give up any part of the
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compensation to which he/she is otherwise entitled. PAL Center shall report
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all suspected or reported violations to CITY. All contracts in excess of
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$10,000 entered into by PAL Center using funds provided under this Agreement
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shall contain a provision requiring compliance with Equal Employment
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Opportunity provisions established by Executive Order Number 11246, as amended
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PrevailinG Waae Reauirement.
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Any construction contracts awarded by PAL Center using funds
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provided under this Agreement in excess of $2,000.00 shall include a provision
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for compliance with the Davis-Bacon Act (40 USC 276(a) to 276(a)(7)) and as
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supplemented by Department of Labor Regulations (29 CFR). Under this Act,
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contractors shall be required to pay wages to laborers and mechanics at a rate
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not less than the minimum wages specified in a wage determination made by the
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Secretary of Labor. In addition, contractors shall be required to pay wages
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not less often than once a week. PAL Center shall place a copy of the current
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prevailing wage determination issued by the Department of Labor in each
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solicitation and the award of a contract shall be conditioned upon the
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acceptance of the wage determination. PAL Center shall report all suspected
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or reported violations to CITY.
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10. Approval by City of any Charaes: Use of Program Income.
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(a) CITY hereby requires PAL Center to notify the CITY in writing
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of its intent to charge a fee for any service, the provision of which is
assisted pursuant to this Agreement. CITY requires PAL Center to obtain the
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prior written approval of CITY for any charges or fees to be charged by PAL
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Center for such services, and of any rules and regulations governing the
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provision of services, hereunder.
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(b) Program income represents gross income received by the PAL
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Center directly generated from the use of funds provided hereunder. Such
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earnings include interest earned on advances and may include, but will not be
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limited to, income from service fees, sale of commodities, usage and rental
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fees for real or personal property using the funds provided by this
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Agreement. As to such income, it shall be first applied to eligible program
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activities, before requests for reimbursement and, in the use, shall be
subject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to CITY. PAL Center shall remit all unspent program income
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to the CITY within thirty (30) days after the end of the program year (June
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30, 1992).
11.
Temoorarv Witbholdina.
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The Executive Director of the Development Department of the City of
San Bernardino is authorized to temporarily withhold the payment of funds to
PAL Center when the Executive Director determines that any violation of this
Agreement has occurred. Funds shall be withheld until the violation is
corrected to the satisfaction of the Executive Director. PAL Center shall
have the right to appeal the decision of the Executive Director to the
Community Development Commission. The sole grounds for such appeal shall be
that no violation of the Agreement has occurred. PAL Center shall file such
appeal within fifteen (15) days after such first withholding. The Community
Development Commission shall set a date for the hearing of such appeal which
is within thirty (30) days following the date of filing.
12. Records Retention
Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the funds provided under this
Agreement shall be retained by PAL Center for a period of three (3) years, at
a minimum, and in the event of litigation, claim or audit, the records shall
be retained until all litigation, claims and audit findings involving the
records, have been fully resolved. Records for non-expendable property
acquired with grant funds provided under this Agreement shall be retained for
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three (3) years after the final disposition of such property.
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Prooertv Manaaement Standards.
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Non-expendable personal property for the purposes of this Agreement
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is defined as tangible personal property, purchased in whole or in part with
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Grant funds, which has useful life of more than one (1) year and an
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acquisition cost of one-thousand dollars ($1,000.00) or more per unit. Real
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property means land, including land improvements, structures and appurtenances
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thereto, excluding movable machinery and equipment.
14. Termination for Cause.
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(a) CITY reserves the right to terminate this Agreement and all
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grants and future payments under this Agreement, in whole or in part, at any
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time before the date of completion of this Agreement whenever CITY determines
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that the PAL Center has materially failed to comply with the terms and
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conditions of this Agreement. In the event the CITY seeks to terminate this
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Agreement for cause, CITY shall promptly notify the PAL Center in writing of
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the proposed termination and the reasons therefor together with the proposed
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effective date. PAL Center shall be given an opportunity to appear before the
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Community Development Commission at the time at which the Community
Development Commission is to consider such recommended termination, and shall
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be given a reasonable opportunity to show cause why, if any exists, the
Agreement should not be terminated for cause. Upon determination by the
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Community Development Commission that the Agreement should be terminated for
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cause, notice thereof, including reason(s) for the determination, shall
promptly be mailed to the PAL Center, together with information as to the
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effective date of the termination. Such notice may be given orally at that
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hearing. The determination of the Community Development Commission as to
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cause shall be final.
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PROVISIONAL ACCELERATED LEARNING CENTER
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(b) In the event of any termination whether for cause or for
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convenience, PAL Center shall forthwith provide to the CITY any and all
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documentation needed by the DEPARTMENT to establish a full record of all
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monies received by PAL Center and to document the uses of same.
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Termination for Convenience.
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DEPARTMENT or PAL Center may terminate this Agreement in whole or
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in part provided both parties agree that the continuation of the program would
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not produce beneficial results commensurate with further expenditure of
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funds. In such event, the parties shall agree upon the termination
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conditions, including the effective date and, in the case of partial
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terminations, the portion to be terminated. The PAL Center shall not incur
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new obligations for the terminated portion after the effective date and shall
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cancel as many outstanding obligations as possible. DEPARTMENT shall allow
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PAL Center full credit for the Department's share of the non-cancellable
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obligations properly incurred by the PAL Center prior to termination.
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16. Reversion of Assets.
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PAL Center agrees that upon expiration of this Agreement, the PAL
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Center shall transfer to the DEPARTMENT any and all CMO funds not used at the
time of expiration and any accounts receivable attributable to the use of CMO
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funds. PAL Center agrees that any real property under its control, which was
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acquired or improved, in whole or in part, with CMO funds in excess of $500.00
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shall be used either, (i) until five (5) years after expiration of the
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Agreement or such period of time as determined appropriate by the City,
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Department, or; (ii) is disposed of in a manner which results in the
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Department being reimbursed in the amount of the current fair market value of
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the property less any portion thereof attributable to expenditure of, or
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improvement to, the property by PAL Center. Such reimbursement is not
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required after the period of time specified in "i" above.
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PROVISIONAL ACCELERATED LEARNING CENTER
APPROVED: 07/01/1991
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17.
Hold Harmless.
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PAL Center agrees to indemnify, save and hold harmless the
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Community Development Commission of the City of San Bernardino, the Economic
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Development Agency and the Development Department and their employees and
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agents from all liabilities and charges, expenses (including counsel fees),
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suits or losses, however occurring, or damages, arising or growing out of the
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use of or receipt of funds paid under this Agreement. Payments under this
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Agreement are made with the understanding that the City and the DEPARTMENT are
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not involved in the performance of services or other activities of the PAL
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Center. PAL Center and its employees and agents are independent contractors
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and not employees or agents of City and the DEPARTMENT.
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Amendment.
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This Agreement may be amended or modified only by written agreement
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signed by both parties, and failure on the part of either party to enforce any
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provision of this Agreement shall not be construed as a waiver of the right to
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compel enforcement of any provision or provisions.
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Assiamnent.
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This Agreement shall not be assigned by PAL Center without the
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prior written consent of DEPARTMENT.
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Notices.
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All notices herein required shall be in writing and delivered in
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person or sent certified mail, postage prepaid, addressed as follows:
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As to DEPARTMENT:
As to PAL Center:
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Executive Director
Development Department
City Hall Annex, Third Floor
201 North "E" Street
San Bernardino, Calif. 92401
Dr. Mildred D. Henry
Board President
PAL Center
1686 West 19th Street
P.O. Box 7100
San Bernardino, CA 92410
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21. Evidence of Authoritv.
PAL Center shall provide to DEPARTMENT a copy of minutes of the
governing body of PAL Center, or other adequate proof, that this Agreement has
been approved in all its detail by the authorized to act on behalf of PAL
Center, and that this Agreement is a binding obligation on PAL Center.
22. Entire Aareement.
This Agreement and any document or instrument attached hereto or
referred to herein integrates all terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations and prior writing in
respect to the subject matter hereof. In the event 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.
23. No Third Party Beneficiaries.
No Third party shall be deemed to have any rights hereunder against
any of the parties hereto as a result of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first hereinabove written.
ATTEST:
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CITY OF SAN BERNARDIN /
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Approved as to form and legal
content:
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PROVISIONAL ACCELERATED
LEARNING CENTER (PAL Center)
B~
BY:
Approved as to form and
legal content:
BY:
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PROVISIONAL ACCELERATED LEARNING CENTER
APPROVED: 07/01/1991
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KmIBIT "A"
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~ ~ START-UP ~
ITEM QUANTITY UNIT COST TOTAL COST
1. Tables, 6' folding 5 49.95 249.75
2. Chairs, (preschool) 9 10.95 98.55
3. Chairs, (elementary) 9 12.95 116.55
4. Chairs, (staff & office) 6 15.00 90.00
5. Tables, eating/outdoor 2 59.95 119.90
6. Chalkboards 2 79.00 158.00
7. Cots, folding (sleeping) 6 18.95 113.70
8. Desk, office 2 195.00 390.00
9. File cabinets 2 49.95 99.90
10. Swing set (4 swings) 1 279.00 279.00
11. Slide, with ladder, 8' 1 189.00 189.00
12. Spring mounted horses 3 200.00 600.00
13. Bookcases, wall 3 59.00 177 .00
14. Tires, l5"(insU11ed) 6 15.00 90.00
15. Sandbox, 12' x 12' w/sand 1 100.00 100.00
16. Cooking utensils 158.41 158.41
17. Cups, drinking (plastic) 50 .50 25.00
18. Pillows (bed) 6 7.00 42.00
19. Sheets, bed (1/2 bed) 15 11.00 165.00
20. Blankets, small 15 12.00 180.00
21. Games, indoor (EDUC) 100.00
22. Games, outdoor 300.00
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SUBTOTAL $ 3,841.76
23. Telephone
24. Water
25. Electricity
26. Gas
27. Maintenance
28. Supplies, etc.
50.00 x 12 months
25.00 x 12 months
70.00 x 12 months
50.00 x 12 months
50.00 x 12 months
100.00 x 12 months
600.00
300.00
840.00
600.00
600.00
1,200.00
SUBTOTAL
$ 4,140.00
PERSONNEL
29. Center Coordinator
30. Secretary/Office !!gr.
31. Teacher, Lead
32. Teacher/Tutor
33. Food Attendant
34. Custodian
SALARY
$2,000.00
800.00
1,800.00
800.00
960.00
960.00
%TIME
50%
100%
100%
100%
25%
25%
No. MONTHS
12
12
12
12
12
12
$12,000.00
9,600.00
21,600.00
9,600.00
2,880.00
2,880.00
35. Insurance, Health ($125.00 per employee per month)
36. Insurance, Liability ($1,000,000.00 policy)
37 Rent ($250.00 per month)
9,000.00
4,500.00
3,000.00
SUBTOTAL
$75,060.00
$83.041. 76
GRAND roTAL