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HomeMy WebLinkAbout1991-313 ", ." RESOLUTION NO. 91-313 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE 2 SAN BERNARDINO COMMUNITY AGAINST DRUGS WHEREBY THE CITY SHALL PROVIDE THE SAN BERNARDINO COMMUNITY AGAINST DRUGS THE SUM OF 3 $44,500 FOR FISCAL YEAR 1991/92 FUNDING. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Community Against Drugs whereby the city agrees to provide the sum of $44,500.00 for Fiscal Year 1991-1992 funding. A copy of said agreement is attached hereto marked Exhibit "A" and incorporated herein by this reference as fully as though set forth at length. SECTION 2. The agreement shall not take effect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the Agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. rescinded if the parties SECTION 3. This resolution is to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly and Common Council of the City of San adopted by the Mayor meeting held on the Bernardino thereof, at regular a by the day of July 1991, 15th following vote, to wit: IIIII IIIII IIIII IIIII RESOLUTION'AUTHORIZING AGREEMENT WITH COMMUNITY AGAINST ,DRUGS, INC. FOR FY 1991/92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 council Members: AYES NAYS ABSTAIN ESTRADA x REILLY x HERNANDEZ x MAUDSLEY x MINOR x POPE-LUDLAM x MILLER x ~cZ~ The foregoing resolution is hereby approved this 16th day of Ju1y Approved as to form and legal content: JAMES 20 City 21 By 22 I /2 iL}FI/,,_j,_?'_ '-. 23 24 25 26 27 28 -2- Res. 91-313 1 2 3 4 5 6 7 8 9 10 11 A G R E E MEN T (San Bernardino Community Against Drugs) THIS AGREEMENT is made and entered into this /~~ day of ~A~~ 1991, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "city", the THE SAN BERNARDINO COMMUNITY AGAINST DRUGS, a non-profit organization, referred to as "Organization." City and organization agree as follows: 1. Recitals. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 requested financial assistance A. Organization has from the City for the 1991-92 fiscal year. Organization the expenditures represents that B. authorized by this agreement are for a valid municipal public purpose. The purpose is to provide activities that will focus the solution of in substance abuse attention on and assist community well young people of the problems by the as as parents and other adults. 2. Payments city shall pay to ORGANIZATION the total sum of FORTY- FOUR THOUSAND FIVE HUNDRED DOLLARS ($44,500.00) for the term of this agreement, payable in eleven installments of THREE THOUSAND SEVEN HUNDRED EIGHT DOLLARS AND THIRTY-THREE CENTS ($3,708.33) final installment of THREE THOUSAND SEVEN each month, and a HUNDRED AND EIGHT DOLLARS AND THIRTY-SEVEN CENTS ($3,708.37). 27 ! ! ! ! 28 ! ! ! ! 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 3. Term. This agreement shall commence July 1, 1991, and terminate June 30, 1992. 4. Use of Funds . The funds paid to organization shall be used by it solely for the purpose set forth in Paragraph IB of this agreement. At the end of the term, all unexpended City funds shall be returned to City by organization. 5. Accountinq. Prior to the final payment under this agreement, and at such other times as may be requested by the City Administrator or Director of Finance of City, organization shall submit to the city Administrator, with a copy to the Director of Finance, an accounting of the proposed and actual expenditures of all revenues accruing to the organization for the fiscal year ending June 30, 1992. Financial records shall be maintained by organization in accordance with generally accepted accounting principles, in a manner which permits city to trace the expenditures of the fund. All books and records of Organization are to be kept open for inspection at any time during the business day by the City or its officers or agents. 6. Reports. Quarterly, and at such other times as may be requested by the City Administrator, Organization shall submit to the City Administrator, an activity report. This report shall indicate what programs and/or activities have been supported by City funds. Where possible, the number of individuals impacted or using the services should be appropriately noted. Equipment or materials purchased with city funds should have justification -2- ,- '. for the expenditures. The summary of these reports should be submitted on an annual basis in concurrence with the financial accounting report for the fiscal year. 7. Temporarv withholdinq. The city Administrator, with the concurrence of the Mayor and Common Council, is authorized to temporarily withhold or terminate the payment of funds to Organization when the city Administrator determines that any violation of the agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the city Administrator and Mayor and Common Council. 8. Services Available to Residents. The services of organization shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied service because of race, color, creed or sex. Organization shall have and comply with Affirmative Action guidelines in its employment practices. 9. Hold Harmless. Organization agrees to indemnify and save harmless the city and its employees and agents from all liabilities and charges, expenses (including counsel fees), suits or losses however occurring, or damages arising or growing out of the use or receipt of funds paid under this agreement, and all operations under this agreement. Payments under this agreement are made with the understanding that the City is not involved in the performance of services or other activities of Organization. Organization and its employees and agents are independent W . contractors and not employees or agents of C1ty. 27 / / / / 28 / / / / 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 -3- . ----, ,. -. 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 10. Insurance. Organization shall take out and maintain during the life of this agreement such public liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from organization's or its agents' operations hereunder, whether such operations be by Organization or its agents or by anyone directly or indirectly employed b either Organization or its agents, and the amounts of such insurance shall be as follows: a. Public Liability Insurance. In an amount not less than $500,000.00 for injuries, including, but not limited to, death, to anyone person and, subject to the same limit for each person, in an amount not less than $500,000.00 on account of any one occurrence; b. Property Damage Insurance. In an amount not less than $50,000 for damage to the property of each person on account of anyone occurrence. c. Organization shall provide proof of said insurance naming City as an additional insured, to the City Administrator or his/her agent within ten (10) days of the first date a payment is due to organization under the terms herein. 11. Termination for Cause. city reserves the right to terminate this agreement and any and all grants and future payments under this agreement in whole or in part at any time before the date of completion of this agreement whenever City determines that Organization has failed to comply with the conditions of this agreement. In the event City seeks to terminate this agreement for cause, City -4- .- , 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 shall promptly notify Organization in writing of the proposed effective date. Organization shall be given an opportunity to appear before the Mayor and Common Council at the time at which the Mayor and Common Council are to consider such recommended termination, and shall be given a reasonable opportunity to show cause why, if any exists, the agreement should not be terminated for cause. Upon termination by the Mayor and Common Council that the contract should be terminated for cause, notice thereof, including reasons for the determination, shall promptly be given to Organization, together with information as to the effective date of the termination. The determination of the Mayor and Common Council as to cause shall be final. 12. Termination for Convenience. City or Organization may terminate this agreement in whole or in part provided both parties agree that the continuation of the project would not produce beneficial results commensurate with further expenditure of funds. In such event, the parties shall agree upon the termination conditions, including the effective date, and, in the case of partial terminations, the portion to be terminated. Organization shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. City shall allow Organization full credit for the City's share of the non-cancellable obligations properly incurred by Organization prior to termination. 13. Assiqnment. Organization shall not assign its interest in this agreement without the prior written approval of the City. 14. Notices. All notices relating to this agreement shall be in -5- SAN' BERNARDINO COMMUNITY AGAINST DRUGS AGREEMENT writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: 1 2 3 4 5 6 7 8 city Administrator City of San Bernardino 300 North "D" Street San Bernardino, Ca 92418 ":'1 JV- i 2 . Dated: ATTEST: Approved as to legal and legal content: o form 17 18 19 20 21 22 23 24 /1 By: ~ ~ ,~ City Attorney 25 26 27 28 -6- Jerilyn Simpson, Director The San Bernardino Community Against Drugs, Inc. 234 North Arrowhead Avenue San Bernardino, Ca 92408 THE SAN BERNARDINO COMMUNITY AGAINST DRUGS, INC. BY: 9/AA/rt:A~A~