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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
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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
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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
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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.
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6. Services Available to Residents. The services of
28 Service Organization shall be made available to residents and
25 JUL 1988
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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.
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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
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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.
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25 JUL 1988
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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
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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 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:
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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
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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
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25 JUL 1988
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DATED ~J 2'( ~
A'l'l'Esr :
CI'lY <F SAN BERNl\RDIID
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By~-1,)J/A P-/~
yn Wi cox, Mayor
City of San Bern dl. 0
~#~$
'City Clerk
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Executive Director
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Approved as to form
12 legal cont t:
25 JUL 1988
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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
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