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CITY ~F SAN BERNARDINr - RE--- UEST FOR COUNCIL ~CTION
From:
Shauna Edwins
City Administrator
Administrator
Subject:
Agreement between the City and
the San Bernardino Community Agains
Drugs to provide the sum of $44,500
for Fiscal Year 1990-91 Funding.
Dept:
Date: July 23, 1990
Synopsis of Previous Council action:
Resolution No. 89-319 adopted August 23, 1989 providing the sum
of $44,500 for Fiscal Year 1989-90.
Recommended motion:
Adopt Resolution.
,~//>>/ ~#?'$d'
/' Signature
Contact person:
Shauna Edwins
Phone:
5122
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount: $44,500.00
Source: (Acct, NoJ 001-091-53636
Acct, Oeseri tion San
ainst Dru
Finance:
Council Notes:
75-0262
Agenda Item No_
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE
SAN BERNARDINO COMMUNITY AGAINST DRUGS WHERE THE CITY SHALL
PROVIDE THE SAN BERNARDINO COMMUNITY AGAINST DRUGS THE SUM OF
$44,500 FOR FISCAL YEAR 1990-91 FUNDING.
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
the agreement with the San Bernardino Community Against Drugs
whereby the city agrees to provide the sum of $44,500.00 for
Fiscal Year 1990-91 funding. A copy of said agreement is
attached hereto marked Exhibit "A" and incorporated herein by
this reference as fully as though set forth at length.
SECTION 2. The agreement shall not take effect until
fully signed and executed by both parties. The City shall not
be obligated hereunder unless and until the Agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3. This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of
the passage of this 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 on the
day of 1990, by the following vote, to
wit:
~
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREF"NT BET' "EN CITY OF SAN BERNARDINO 'lD THE
SAN BERNARDINO COMMU~ ,Y AGAl. JT DRUGS.
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Council Members
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
CITY CLERK
The foregoing
resolution is
hereby
approved
this
day of
, 1990.
W. R. HOLCOMB, MAYOR
City of San Bernardino
23 Approved as to form
and legal content:
24
JAMES F. PENMAN
25 City Attorney
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By: 41~
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1..P~
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AgB.!L~M.!LMT
(San Bernardino Community Against Drugs)
THIS AGREEMENT is made and entered into this
day of , 1990, between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City",
and THE SAN BERNARDINO COMMUNITY AGAINST DRUGS, a non-profit
organization, referred to as "Organization".
city and Organization agree as follows:
1. Recitals.
A. Organization has requested financial assistance
from the City for the 1990-91 fiscal year.
B. Organization represents that the expenditures
authorized by this agreement are for a valid municipal public
purpose. The purpose is to provide activities that will focus
attention on and assist in the solution of substance abuse
problems by the young people of the community as well as
parents and other adults.
2. Pavments. city shall pay to Organization the total
sum of FORTY-FOUR THOUSAND FIVE HUNDRED DOLLARS ($44,500.00)
for the term of this agreement, payable in eleven installments
of THREE THOUSAND SEVEN HUNDRED EIGHT DOLLARS AND THIRTY-THREE
CENTS ($3,708.33) each month, and a final installment of THREE
THOUSAND SEVEN HUNDRED AND EIGHT DOLLARS AND THIRTY-SEVEN CENTS
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BERNARDINO COMMUNITY AGAINST DRUGS.
($3,708.37) .
3. Term. This agreement shall commence July 1, 1990,
and terminate June 30, 1991.
4. Use of Funds. The funds paid to organization shall
be used by it solely for the purpose set forth in Paragraph IB
of this agreement. At the end of the term, all unexpended City
funds shall be returned to City by 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, 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, 1991. Financial records shall
be maintained by 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 Organization are to be kept open for inspection at any time
during the business day by the City or its officers or agents.
6. Reports. Quarterly, and at such other times as may
be requested by the city Administrator, organization shall
submit to the city Administrator an activity report. This
report shall indicate what programs and/or activities have been
supported by City funds. Where possible, the number of
individuals impacted or using the services should be
appropriately noted. Equipment or materials purchased with
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..__.~~~~~-,~ ~~~"""""",,~, ............... __............. v.-- ~r-:.."-~ .Ll.L..d.\..l.~":"l.\.J.,)..L.l~U .ti.j,.'~LJ J.f1..L wrtJ.\j
BERNARDINO COMMUNITY AGAINST DRUGS.
City funds should hav~ justi~~cations for the expendituLes. The
summary of these reports should be submitted on an annual basis
in concurrence with the financial accounting report for the
fiscal year.
7. Temporarv withholdina. The City Administrator, with
the concurrence of the Mayor and Common Council, is authorized
to temporarily withhold or terminate the payment of funds to
Organization when the city Administrator determines that any
violation of the agreement has occurred. Funds shall be
withheld until the violation is corrected to the satisfaction
of the City Administrator and Mayor and Common Council.
8. Services Available to Residents. The services of
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, or sex. Organiza-
tion shall have and comply with Affirmative Action guidelines
in its employment practices.
9. Hold Harmless. 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 of receipt of funds paid under this
agreement, and all operations under this agreement. Payments
under this agreement are made with the understanding that the
City is not involved in the performance of services or other
activities of Organization. Organization and its employees and
agents are independent contractors and not employees or agents
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.n.U~......l.'.U.....J..~~ .Ld......Ln.Ld...d.~ J.l.l.l.... 1........l....L~ UL' .::J.t1..n DL.r\..lIl.n.D.LI..LnV n.LIlLi J.I"lL ":>hn
BERNARDINO COMMUNITY ~GAINST DRUGS.
of City.
10. Insurance. Organization shall take out and maintain
during the life of this Agreement such public liability and
property damage insurance as shall insure City, its elective
and appointive boards, commissions, officers, agents and
employees, from claims for damages for personal injury,
including death, as well as from claims for property damage
which may arise from Organization's or its agents' operations
hereunder, whether such operations be by Organization or its
agents or by anyone directly or indirectly employed by either
Organization of its agents, and the amounts of such insurance
shall be as follows:
(a) Public Liability Insurance. In an amount not
less than $500.000.00 for injuries, including, but not limited
to, death, to anyone person and, subject to the same limit for
each person, in an amount not less than $500.000.00 on account
of anyone occurrence;
(b) Property Damage Insurance. In an amount of not
less than $50,000 for damage to the property of each person on
account of anyone occurrence.
(c) Organization shall provide proof of said
insurance naming city as an additional insured, to the City
Administrator or his/her agent within ten (10) days of the
first date a payment is due to organization under the terms
herein.
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BERNARDINO COMMUNITY AGAINST DRUGS.
11. Terminatio. for C~~se. City reserves the ~~ght to
terminate this agreement and any and all grants and future
payments under this agreement in whole or in part at any time
before the date of completion of this agreement whenever City
determines that Organization has failed to comply with the
conditions of this agreement. In the event city seeks to
terminate this agreement for cause, City shall promptly notify
Organization in writing of the proposed termination and the
reasons therefor, together with the proposed effective date.
Organization shall be given an opportunity to appear before the
Mayor and Common Council at the time at which the Mayor and
Common Council are to consider such recommended termination,
and shall be given a reasonable opportunity to show cause whey,
if any exits, the agreement should not be terminated for cause.
Upon determination by the Mayor and Common Council that the
contract should be terminated for cause, notice thereof,
including reasons for the determination, shall promptly be
given to Organization, together with information as to the
effective date of the termination. The determination of the
Mayor and Common Council as to cause shall be final.
12. Termination for Convenience. City or Organization
may terminate this agreement in whole or in part provided both
parties agree that the continuation of the project would not
produce beneficial results commensurate with further
expenditure of funds. In such event, the parties shall agree
upon the termination conditions, including the effective date
and, in the case of partial terminations, the portion to be
terminated. Organization shall not incur new obligations for
the terminated portion after the effective date and shall
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BERNARDINO COMMUNITY AGAINST DRUGS.
cancel as many outstc,..ding o...~igations as possible. ci ty shall
allow Organization full credit for the City's share of the non-
cancellable obligations properly incurred by Organization prior
to termination.
13. Assiqnment. Organization shall not assign its inte-
rest in this agreement without the prior written approval of
city.
14. Notices.
All notices relating to this agreement
shall be in writing and delivered in person or sent by
certified mail, postage prepaid, addressed as follows:
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Jerilyn Simpson, Director
The San Bernardino Community
Against Drugs, Inc.
234 North Arrowhead Avenue
San Bernardino, CA 92408
Dated:
ATTEST:
CITY OF SAN BERNARDINO
CITY CLERK
W. R. HOLCOMB, MAYOR
THE SAN BERNARDINO COMMUNITY
AGAINST DRUGS, INC.
BY:
Approved as to form
and legal content:
1 .A-
07/23/90
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