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Home My WebLink About1988-315 .... \ " 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. RR_~lc;, RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FRAZEE COMMUNITY CENTER RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1988-1989. 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 City an agreement with Frazee Community Center relating to financial 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 reqular meeting thereof, held on the 15th Auqust 1988" by the day of following vote, to wit: AYES: Council Members Reillv. Flores. Malln"lAY Minor, Pope-Ludlam. Miller NAYS: None ABSENT: Council Member Estrada ~~ ,/ City lerk (Continued) 21 JUL 1988 page 1 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 2S 26 27 28 RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FRAZEE COMMUNITY CENTER. RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1988-1989. The foregoing resolution is hereby approved this IULday of Auqust , 1988. Evlyn Wilcox, ayor City of San Bernardino Approved as to form and legal content: .~ y Attorney 21 JUL 1988 Page 2 , . ,~ 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 )', "",-' J/ (:..- 1'd~B~~!1~!!T (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 Frazee Community Center, a nonprofit community service organization, referred to as "Service Organization". City and Service Organization agree as follows: 1. Rec i tals. (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 provide emergen- cy assistance of food, clothing, medical and referrals to individuals in dire need. 2. Payment. City shall pay to Service Organization the total sum of THREE THOUSAND THREE HUNDRED NINETY-SIX DOLLARS ($3,396), for the term of this agreement, payable in twelve monthly installments of TWO HUNDRED EIGHTY-TWO DOLLARS ($282) . 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 th 5th day of each succeeding month. 3. Term. This agreement shall cover the period from July 1, 1988, through June 30, 1989. 21 JUL 1988 Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 W 21 ~ n ~ ~ 26 27 28 4. Use of Funds. The funds paid to Service Organiza- tion shall be used by it solely for the purpose set forth in Paragraph l(b) of this agreement and in accordance with the budget submitted to the City, a copy of which is attached hereto as Exhibit nln and by this reference made a part hereof. A variation in the itemization of costs, as set forth in the proposed budget, not to exceed ten percent (10%), shall be allowed, provided the prior written approval of the Director of Parks, Recreation and Community Services of city is obtained. At the end of the term, all unexpended funds shall be returned to City by Service 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, the Service 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, 1989. Quarterly reports shall be forwarded for review by the Director of Parks, Recreation adn Community Services Depart- ment. Quarterly Reports shall be compared with original budget proposal. Financial records shall be maintained by Service Organization in accordance with generally accepted accounting principles, in a manner which permits City to trace the expenditures of the funds. All books and records of Service Organization are to be kept open for inspection at any time during the business day by the City or its officers or agents. 21 JUL 1988 2 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 11 12 6. Services Available to Residents. The services of Service 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, age, or sex. Service Organization shall have and comply with Affirmative Action guidelines in its employment practices. I 7. Approval of Citv of anv Charqes. City reserves the I right to require Service Organization to obtain the pr io r written approval of City of any charges or fees to be charged by Service Organization, and of any rules and regulation governing the services. 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. Temporarv 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 21 JUL 1988 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 W 21 ~ 23 ~ 25 26 27 28 the violation is corrected to the satisfaction of the Direc- tor and Mayor and Common Council. 10. Hold Harmless. Service 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 agree- .ment. Payments under this agreement are made with the understanding that the City is not involved in the performan- ce of services or other activities of Service Organization. Service Organization and its employees and agents are inde- pendent contractors and not employees or agents of City. 11. Standards. Service Organization agrees to comply with the provisions of "Section 1. Recommendations", of a portion of a report entitled "Report of the Special Council Subcommittee for Social Service Funds" dated and adopted on February 18, 1975, and on file in the Office of the City Clerk of City, a copy of which has previously been provided to Service Organization. All references to Human Services Department and/or Director are now referred to as "Parks, Recreation and Community Services Department and/or Director". 12. Termination. City shall have the right to terminate this agreement and any funding of Service Organiza- tion for any reason by mailing a ten day written Organization and this agreement shall terminate ten days after the mailing of such notice. 21 JUL 1988 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 13. Amendment. This agreement may be amended or modified only by written agreement signed by both parties and 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 I' by Service city. Organization without the prior written consent of 15. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: As to citv: City Administrator City Hall 300 North "D" Street San Bernardino, CA 92418 As to Service Orqanizations: Frazee Community Center 1140 West Mill 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 ~4tS~ IfPr ATTEST: CITY OF SAN BERNARDINO BY~~ln/..~ Evlyn ilcox, Mayor City of San Bernardino City Clerk 21 JUL 1988 5 FRAZEE COMMUNITY CENTER BY~ !'LA (- 6f rll.J<? Titl~t-~ ~.. . , n :I: :P - '" -0 ,..., '" V> 10 % --.. 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