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HomeMy WebLinkAbout1988-317 , . 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 RESOLUrION NJ. 88 317 RESOLUrION <F TIlE CITY <F SAN BERNAIDINJ AUl'OORIZIR> TIlE ElrnXIl'ION <F AN AGREEMENl' WITH IUfS CLUB <F SAN JERNAR)INJ, IR:. REIATIR> TO FIN!\lCIAL ASSIsrAN::E FOR FIOCAL YEAR 1988 1989. BE IT RESOLVED BY TIlE MAYOR AID CCMMON cam::IL <F TIlE CITY <F SAN BERNARDINJ AS FOJ:.I!MS: SOCTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said I City an agreement with Boys Club of San Bernardino, Inc. . 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. SOCTION 2. The authorization granted heralllder shall expire and be void and of no further effect if the agreerrent 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 COll1lIDn Council of the City of San Bernardino at a meeting thereof, held 1988, by the following reoular on the 15th day of Augm;t vote, to wit: AYEs: Council Menbers Reillv. Flores. Maudsley. Minor, Pope-Ludlam. Miller NAYs: None ABSENl': Council Member Estrada (Continued) 25 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: RESOLtJrION CF THE CI'lY CF SAN IERNARl)IN) AurIDRIZlOO THE EXOCtJrION CF AN AGREaoIENl' WITH lCfS CLUB CF SAN IERNARl)IN), lOC. REIATlOO TO F:rIII!\tCIAL ASSISl'AlCE FOR FIOCAL YEAR 1988 1989. The foregoing resolution is hereby approved this /t-t.{day of Auqust , 1988. i~Jl~ City of San Bernardino Approved as to form and legal content: 25 JUL 1988 Page 3 1 ~gB~~~~NT 2 (COIlIlUnity service Organization) 3 THIS AGREEMENl' is entered into effective as of July 1, 4 1988, at san Bernardino, California, between the City of san 5 Bernardino, a IIUnicipal corporation, referred to as "City", 6 and Boys Club of san Bernardino, Inc., a nonprofit coomunity 7 service organization, referred to as "service Organization". 8 City and service Organization agree as follows: 9 1. Recitals. 10 (a) service Organization has requested financial 11 assistance from City for the fiscal year 1988-1989. 12 (b) service Organization represents that the 13 expenditures authorized by this agreerrent are for a valid 14 IIUnicipal plblic purpose. The purpose is to provide space 15 for programs benefiting the youth of the comnunity. 16 2. Pavment. City shall pay to service Organization the 17 total sum of SEVEN THOUSAND NINE HUIDRID FIFT'f -SIX DOLIARS 18 ($7,956), for the term of this agreerrent, payable in twelve 19 I1Dnthly installrrents of SIX HUIDRID SIXTY-TllREE DOLIARS 20 ($663). Monthly payrrent for the I1Dnth of July shall be 21 payable upon execution of this agreement, and all subsequent 22 payrrents shall be paid on or before the 5th day of each 23 succeeding I1Dnth. 24 3. Term. This agreement shall cover the period from 25 July 1, 1988, through June 30, 1989. 26 4. Use of Funds. The funds paid to service Organiza- 27 tion shall be used by it solely for the purpose set forth in 28 25 JUL 1988 Exhibit "A" 1 paragraph 1 (b) of this agreenent and in accordance with the 2 budget submitted to the City, a copy of which is attached 3 hereto as Exhibit "1" and by this reference made a part 4 hereof. A variation in the itemization of costs, as set 5 6 7 8 9 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 COOmunity Services IOf city is obtained. At the end of the term, all unexpended . funds shall be returned to City by Service Organization. 10 5. l\ccountillCl. Prior to the final payment under this 11 agreenent, and at such other tines 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 Qlarterly reports shall be forwarded for review by the 18 Director of Parks, Recreation and Comnunity Services Depart- 19 nent. Qlarter1y 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 25 any tine 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 25 JUL 1988 2 1 2 3 4 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 cOllply with Affirmative Action guidelines in its enploynent practices. 7. APProval of City of any Charqes. City reserves the right to require service Organization to obtain the prior I written approval of City of any charges or fees to be charged I by service Organization, and of any rules and regulations governing the services. 5 6 7 8 9 10 11 12 8. APPlication for Other Fundinq. No service Organi- zation will be funded by the City for IOOre than a total of three years. service Organization Inlst apply for funds from other sources. Evidence of the application shall be made 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Inlst be reported immediately to the Director of Parks, Recreation and ComInJni- ty services. 9. TenIJOrarv WithOOldina. The Director of Parks, Recreation and ComInJnity services, with the concurrence of the Mayor and ComIOOn Council, is authorized to tellpOrarily withhold or to terminate the paynent 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 COllllOn Council. 27 28 25 JUL 1988 3 1 10. Hold Harmless. Service Organization agrees to 2 indennify and save harmless the City and its enployees and 3 agents from all liabilities and charges, expenses (including 4 counsel fees), suits or losses, however occurring, or damages S arising or growing out of the use or receipt of funds paid 6 under this agreement, and all operations under this agree- 7 rent. paynents under this agreenent are made with the 8 understanding that the City is not involved in the performan- 9 'ce of services or other activities of Service Organization. 10 Service Organization and its enployees and agents are inde- 11 pendent contractors and not enployees or agents of City. 12 11. standards. Service Organization agrees to cOllply 13 with the provisions of "Section 1. Recomnendations", of a 14 portion of a report entitled "Report of the Special Council 15 SUbcOll1llittee 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 previoosly been provided 18 to Service Organization. All references to Human Services 19 Departnent and/or Director are now referred to as "Parks, 20 Recreation and COIlllUnity Services Departnent and/or 21 Director". 22 12. Termination. City shall have the right to 23 terminate this agreement and any funding of Service Organi- 24 zation for any reason by mailing a ten day wr itten notice to 25 Service Organization and this agreement shall terminate ten 26 days after the mailing of such notice. 27 13. Amendnent. This agreement may be anended or 28 IOOdified only by written agreement signed by both parties and 25 JUL 1988 4 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 conpel enforcenent of any provision of provisions. 14. Assiqrment. This agreenent shall not be assigned by service Organization without the prior written consent of city. 15. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: 11 12 As to citv: As to service Orqanizations: City Administrator City Hall 300 North nOn street San Bernardino, CA 92418 Boys Club of San Bernardino,Inc. 1180 west 9th street San Bernardino, CA 92411 13 14 15 16 17 18 19 16. Entire Aareenent This agreenent represents the entire agreenent between the parties hereto and any anerrl- nents andlor adderrlUIIIS shall be made in writing between the parties and attached to the agreement. IIIIII 111111 IIIIII 111111 IIIIII IIIIII 111111 IIIIII IIIIII IIIIII 20 21 22 23 24 25 26 27 28 25 JUL 1988 5 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 DATED ~J 2'( ~ A'l'l'Esr : CI'lY <F SAN BERNl\RDIID 5 6 7 8 9 By~-1,)J/A P-/~ yn Wi cox, Mayor City of San Bern dl. 0 ~#~$ 'City Clerk 10 Executive Director 11 Approved as to form 12 legal cont t: 25 JUL 1988 6 n .., _::J: .:P .- ;;0 ." /TI . , ;;0 U'l 0 Z ...... 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Z :P 0-3 ;;0 i:'J "" ~ U'l . ;;0 I'T'In n..... ;;0-1 OJ /TI -< c: :P 0 -10 G'l ........, /TI 0 -I % U'l > ." go % ;;0 0 nOJ ." o /TI 0 3;;0 U'l 3% :P CO> r- % ;;0 .....0 -I..... -< z 0 U'l /TI ;;0 < ..... n /TI U'l /TI ,., ..., ;;o/TIel> /TI n c: <-10 ..... ..... G'l U'l <fT'I ..... /TI -I o %0-< >I'T'I %-1> O/TI ::0 ~ .... I--' ... 1 .-. .. BUDGET JUSTIFICATION Salaries & Fringe Maintenance/Custodial Salary FICA, SUI, SDI Workman's Compensation 11.1% 5.19% Human Service/Revenue Sharing Request Amount paid by Boys & Girls Club E~-I4'8IT I $12,480 yr. 1,385 684 $14,513 12,000 2,513 .