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HomeMy WebLinkAbout1988-310 , 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 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 page 1 , , 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 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 o. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 ~ 23 ~ 25 26 27 28 ~~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 8 9 10 11 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 2 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 ~ 25 26 27 28 1 inhabitants of the City of San Bernardino. No person shall 2 3 4 5 6 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 1 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 4 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 8 9 10 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 5 , 1 2 3 4 5 Approved as to form an legal content: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22 JUL 1988 6 , c: ::; c~ rrT "" :;;. -0 0 ~ <= "" - v> -< S2 0 "' Vl -< = -0 0:;;' "" ""' -< r rrT = :;;. Vl :;;. r- Vl -< Vl - 0 c:: r-1 rrT "" "., ~ "., -< Vl :;;. Vl :z _rrT rrT ..... 0 .,.. tTl 0 0'> N .,.. - ~)! \0 L 8 w ....u.JYl 00-> - " "-<. - V1 V1 \0 ..... 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