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RESOLUTION NO. 88-310
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CASA RAMONA, INC. RELATING TO
FINANCIAL ASSISTANCE FOR FISCAL YEAR 1988-1989 (FOOD &
MEDICAL PROGRAM).
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 said
ICity an agreement with Casa Ramona, Inc. relating to financi-
'al assistance for fiscal year 1988-1989, 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 granted hereunder shall
expire and be void and of no further effect if the agreement
is not executed by both parties and returned to the office of
The City Clerk within 60 days following effective date of the
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held
re9ular
on the
day of 11.11 gl1 "I-
1988, by the following
15t-h
vote, to wit:
AYES:
Council Members Reillv. Flores. Maudsley.
Minor. Pope Ludlam. Miller
NAYS:
None
ABSENT:
Council Member Estrada
JN6~~
;' City Clerk
(CONTINUED)
22 JUL 1988
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RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CASA RAMONA, INC. RELATING TO
FINANCIAL ASSISTANCE FOR FISCAL YEAR 1988-1989 (FOOD &
MEDICAL PROGRAM).
The foregoing resolution is hereby approved this
/~{~day of August , 1988.
~~~:ll-~
City of San Bernardino
Approved as to form
and legal content:
^
... J.f~
91 y Attorney
.J
22 JUL 1988
Page 2
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~~R~~~~NT
(Community Service Organization)
THIS AGREEMENT is entered into effective as of July 1,
1988, at San Bernardino, California, between the City of San
Bernardino, a municipal corporation, referred to as "City",
and Casa Ramona, Inc., a nonprofit community service
organization, referred to as "Service Organization".
City and Service Organization agree as follows:
1. Recitals.
(a) Service Organization has requested financial
assistance from City for the fiscal year 1988-1989.
(b) Service Organization represents that the
expenditures authorized by this agreement are for a valid
municipal public purpose. The purpose is to operate and
maintain an emergency food and medical program.
2. Pavment. City shall pay to Service Organization the
total sum of THREE THOUSAND EIGHT HUNDRED SIXTEEN DOLLARS
($3,816), for the term of this agreement, payable in twelve
monthly installments of THREE HUNDRED EIGHTEEN DOLLARS
($318). Monthly payment for the month of July shall be
payable upon execution of this agreement, and all subsequent
payments shall be paid on or before the 5th day of each
succeeding month.
3. Term. This agreement shall cover the period from
July 1, 1988, through June 30, 1989.
4. Use of Funds. The funds paid to Service Organiza-
tion shall be used by it solely for the purpose set forth in
22 JUL 1988
Exhibit "A"
1 Paragraph l(b) of this agreement and in accordance with the
2 budget submitted to the City, a copy of which is attached
3 hereto as Exhibit "I" and by this reference made a part
4
hereof.
A variation in the itemization of costs, as set
S forth in the proposed budget, not to exceed ten percent
6 (10%), shall be allowed, provided the prior written approval
7 of the Director of Parks, Recreation and Community Services
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jOf city is obtained. At the end of the term, all unexpended
funds shall be returned to City by Service Organization.
I 5. Accountinq. Prior to the final payment under this
agreement, and at such other times as may be requested by the
12 City Administrator or Director of finance of City, the
13 Service Organization shall submit to the City Administrator,
14 with a copy to the Director of Finance, an accounting of the
15 proposed and actual expenditures of all revenues accruing to
16 the organization for the fiscal year ending June 30, 1989.
17 Quarterly reports shall be forwarded for review by the
18 Director of Parks, Recreation and Community Services Depart-
19
ment.
Quarterly Reports shall be compared with original
20 budget proposal. Financial records shall be maintained by
21 Service Organization in accordance with generally accepted
22 accounting principles, in a manner which permits City to
23 trace the expenditures of the funds. All books and records
24 of Service Organization are to be kept open for inspection at
2S any time during the business day by the City or its officers
26 or agents.
27
6. Services Available to Residents. The services of
28 Service Organization shall be made available to residents and
22 JUL 1988
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inhabitants of the City of San Bernardino.
No person shall
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be denied service because of race, color, creed, age, or sex.
Service Organization shall have and comply with Affirmative
Action guidelines in its employment practices.
7. Approval of City of any Charqes.
City reserves the
right to require Service Organization to obtain the prior
'written approval of City
IbY Service Organization,
governing the services.
of any charges or fees to be charged
and of any rules and regulations
8. Application for Other Fundinq.
No Service Organi-
zation will be funded by the City for more than a total of
three years. Service Organization must apply for funds from
other sources.
Evidence of the application shall be made
available to City prior to any consideration for further
funds for the next fiscal year.
Receipt of any revenue from
such other sources during this fiscal year must be reported
immediately to the Director of Parks, Recreation and Communi-
ty Services.
9.
Temporary Withholdinq.
The Director of Parks,
Recreation and Community Services, with the concurrence of
the Mayor and Common Council, is authorized to temporarily
withhold or to terminate the payment of funds to Service
Organization when the Director determines that any violation
of the agreement has occurred. Funds shall be withheld until
the violation is corrected to the satisfaction of the Direc-
tor and Mayor and Common Council.
22 JUL 1988
3
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10.
Hold Harmless.
Service Organization agrees to
2 indemnify and save harmless the City and its employees and
3 agents from all liabilities and charges, expenses (including
4 counsel fees), suits or losses, however occurring, or damages
5 arising or growing out of the use or receipt of funds paid
6 under this agreement, and all operations under this agree-
7 ment. Payments under this agreement are made with the
8 lunderstanding that the City is not involved in the performan-
9 ,ce of services or other activities of Service Organization.
10 Service Organization and its employees and agents are inde-
11 pendent contractors and not employees or agents of City.
12
11.
Standards. Service Organization agrees to comply
13
with the provisions of "Section 1.
Recommendations", of a
14 portion of a report entitled "Report of the Special Council
15 Subcommittee for Social Service Funds" dated and adopted on
16 February 18, 1975, and on file in the Office of the City
17 Clerk of City, a copy of which has previously been provided
18 to Service Organization. All references to Human Services
19 Department and/or Director are now referred to as "Parks,
w
Recreation
and
Community
Services
Department
and/or
21 Director".
n
12.
Termination.
City shall have the right to
23 terminate this agreement and any funding of Service Organi-
24 zat.ion for any reason by mailing a ten day written notice to
25 Service Organization and this agreement shall terminate ten
26 days after the mailing of such notice.
27
13.
Amendment.
This agreement may be amended or
28 modified only by written agreement signed by both parties and
22 JUL 1988
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failure on the part of either party to enforce any provision
of this agreement shall not be construed as a waiver of the
right to compel enforcement of any provision of provisions.
14. Assiqnment. This agreement shall not be assigned
by Service Organization without the prior written consent of
city.
Notices. All notices herein required shall be in
, 15.
IWriting
and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
As to city:
City Administrator
City Hall
300 North "0" Street
San Bernardino, CA 92418
As to Service Orqanizations:
Casa Ramona, Inc.
1524 West 7th Street
San Bernardino, CA 92410
16. Entire Aqreement This agreement represents the
entire agreement between the parties hereto and any amend-
ments and/or addendums shall be made in writing between the
parties and attached to the agreement.
DATED ~ / ~ IIfl
ATTEST:
~/LD!l'/a~
tity Clerk
B
Wilcox, Mayo
of San Bernardino
22 JUL 1988
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an legal content:
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22 JUL 1988 6
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