HomeMy WebLinkAbout1984-365
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1 RESOLUTION NO. 84-365
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH INLAND CERTIFIED FARMERS MARKET
3 PROVIDING FOR FINANCIAL ASSISTANCE DURING THE OPENING AND
OPERATION OF A CERTIFIED FARMERS' MARKET.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 Agreement with Inland Certified Farmers Market providing for
9 financial assistance during the opening and operation of a
10 certified farmers' market, a copy of which is attached hereto,
11 marked Exhibit "A" and incorporated herein by reference as fully
12 as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
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Bernardino at an adjourned reqular
meeting thereof, held on
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the lOth day of September
, 1984, by the following vote,
17 to wit:
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AYES:
Council Members Castaneda, Reillv. Marks, Ouiel
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NAYS: Council Members Hernandez. Frazier
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ABSENT: Council Member strickler
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/ Cl.ty Clerk
The foregoing resolution is hereby \I~ day
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of September
, 1984.
San Bernardino
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Approved as to form:
~If&
City Attorney ~
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A G R E E MEN T
(Community Service Organization)
THIS AGREEMENT is entered into this /96{ day of
~yD~MJ:I) , 1984, at San Bernardino, California, between the
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CITY OF SAN BERNARDINO, a municipal corporation, referred to as
.City', and INLAND CERTIFIED FARMERS MARKET, referred to as
"Farmers Market".
City and Farmers Market agree as follows:
1. Recitals.
(a) Farmers Market has requested financial assistance
from City during the opening and operation of a certified
farmers' market during the early months.
(b) Farmers Market represents that the expenditures
authorized by this agreement are for a valid municipal public
purpose. The purpose is to provide fresh fruits and vegetables
for low and moderate income persons, at the lowest feasible cost.
2. Payment. City shall pay to Farmers Market the total sum
of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) for the term of
this agreement, payable at such time or times as determined by the
Finance Director of City in his sole discretion.
3. Term. This agreement shall commence upon execution of
this agreement and terminate June 30, 1985.
4. Use of Funds. The funds paid to Farmers Market shall be
used by it solely for the purposes set forth in Paragraph lIb) of
this agreement. A variation in the itemization of costs, as set
I forth in the proposed budget submitted to City, not to exceed ten
percent (10%), as to any particular item or items, shall be
allowed, provided the prior written approval of the City
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1 Administrator of City is obtained; however, the total amount
2 provided for shall not be increased. At the end of the term, all
3 unexpended funds shall be returned to City by Farmers Market.
4 5. Accounting. At such times as may be requested by the
5 City Administrator or Director of Finance of City, Farmers Market
6 shall submit to the City Administrator, with a copy to the
7 Director of Finance, an accounting of the proposed and actual
8 expenditures of all revenues accruing to the organization for the
9 fiscal year ending June 30, 1985. Financial records shall be
10 maintained by Farmers Market in accordance with generally accepted
11 'accounting principles, in a manner which permits City to trace the
12 expenditures of the funds. All books and records of Farmers
13 Market are to be kept open for inspection at any time during the
14 business day by the City or its officers or agents.
15 6. Services Available to Residents. The services of Farmers
16 Market shall be made available to residents and inhabitants of the
17 City of San Bernardino. No person shall be denied service because
18 of race, color, creed, or sex. Farmers Market shall have and
19 comply with Affirmative Action guidelines in its employment
20 practices.
21 7. Application for Other Funding. Farmers Market must apply
22 for funds from other sources. Evidence of the application shall
23 be made available to City prior to any consideration for further
24 funds for the next fiscal year. Receipt of any revenue from such
25 other sources during this fiscal year must be reported immediately
26 to the City Administrator.
27 8. Hold Harmless. Farmers Market agrees to indemnify and
28 save harmless the City and its employees and agents from all
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1 liabilities and charges, expenses (including counsel fees), suits
2 or losses however occurring, or damages arising or growing out of
3 the use or receipt of funds paid under this agreement, and all
4 operations under this agreement. Payments under this agreement
5 are made with the understanding that the City is not involved in
6 the performance of services, selection of participating farmers,
7 selection of foods or other goods to be sold, or other activities
8 of Farmers Market. Farmers Market and its employees and agents
9 are independent contractors and not employees or agents of City.
10 9. Standards. Farmers Market agrees to comply with the
11 provisions of "Section ~ Recommendations", of a portion of a
12 report entitled "Report of the Special Council Subcommittee for
13 Social Service Funds" dated and adopted on February 18, 1975, and
14 on file in the Office of the City Clerk of City, a copy of which
15 is attached hereto and incorporated herein by reference.
16 10. Termination. City shall have the right to terminate
17 this agreement and any funding of Farmers Market for any reason by
18 mailing a ten day written notice to Farmers Market and this
19 agreement shall terminate ten days after the mailing of such
20 notice.
21 11. Amendment. This agreement may be amended or modified
22 only by written agreement signed by both parties and failure on
23 the part of either party to enforce any provision of this
24 agreement shall not be construed as a waiver of the right to
25 compel enforcement of any provision or provisions.
26 12. Assignment. This agreement shall not be assigned by
27 Farmers Market without the prior written consent of City.
28 13. Notices. All notices herein required shall be in
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1 writing and delivered in person or sent by certified mail, postage
2 prepaid, addressed as follows:
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City Administrator
City Hall
300 North "0" Street
San Bernardino, CA 92418
Inland Certified Farmers Market
Farmers' Market Committee
c/o P.O. Box 71
Riverside, CA 92501
6 IN WITNESS WHEREOF, the parties hereto have executed this
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7 agreement on the day and year first above written.
8 CITY OF SAN BERNARD
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C2k
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ATTEST:
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lty Clerk
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Approved as to form:
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'1 -If I/Jv-if~
City Attorney ,Y
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INLAND CERTIFIED FARMERS MARKET
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Ti tle / /""v<2h;'--1- K-yt.
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HECO~,'I J\lEN01\ TIO~\iS
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A.
- I~ccoj-{JHlen.t1ati()ns Govc::rnin~; Socir.l S~~rvice CO~1tl~1c:t-/~r;cncies;
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The July 19'11 "Heport of the Human Services Commission on Revenue Shadilg
for Social Services" (page 7) contained certain rccomTnE:ndations-conccrniug
contracts ",ith social sel-vicc 2gencies.
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TIllS subeornmittee's investigation has uncovered the need for certain stricter
cont.rols over these funds. Therefore, where our recommendations do not
coineide with the July 29, 1974 "neport" the following shall prevail:-
1)
City funds shan be kept in a separate account by the recipient
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agency.. . .
2)
Federal or State Guidelines shall be required prior to approval
wheneVer City funels are to be used 2S a local matching share.
. 3)
The H,-,-",2...l1 Services Director and City Finance Officer shall be
resp0"sible for assuring accuracy and legitimacy of social service
contr2.(:~ budget figures prior to approval by Mayor and Council. .
4) :rvionth.1y itemized expenditure reports shall include aIDolmt spent,
to wlw:::l, for what purposes. These shall be reviewed quarterly
by Hur~"n Services Department ,md Finance Officer. A copy of
tbe modhly bank statem~nt shall be attached. _
5)
Origin21 budget pJ:oposal arid toe rilontblj'-cxpenditur.e"i'eports .sli.all"'.--
be compal'ed quarterly by the Human Services Department and the:
City Finance Officer.- .
6) All proposals, expenditure reports and correspondence shall be
countersigned by the appropriate responsible corporate officer,
i. e.. President or Treasurer. Ko per sif,'TIatures shall be allowed.
'I} ...- A 11 checks .signed- against City fund accounts must"be co~siioed-by .
the appropriate corporate official (Board member).
8) Adv2l!ce signing of checb; by the recipient agency s11all not he
allowed. .
9) neceipts and checks for all. expendihlrcs ag2inst City funds shall be
subject to examination without notice by the City Finance Officer or
Director of Human Services. All accounts shall be. inspected at
least once alillually.
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10)
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13)
ct.
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No fund tl";,nsfers sh:llllJG allowed without written conscnt hy the
Dil~cctrH~ ~)f lIuJClan Scrvjees anrl th(~ Fin2UC(; Qfnce): prio)." to
~pprovH] by Mayor Rncl CounciL
One pec,;oll (pos,;ihly Assisbnt Dir ,-"dol' of Human Services) in
conjunction with the Finance Officer shall be eiv8n Tcsponsibilit'J
for assuring coropli:tnee with the: ;:>bO'l8 items.
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Unless prior' approval to do otherwis.e has been granted by the Mayor
and Common COUIlcil, the stated program in the original proposal
shall be adhered to; without exception, by the recipient, agency.
Non-comjllianc~ or non-cooperation. shall be grounds for immediate
suspen3i::m of City funds.
B. Recommendatior'.s ~egarding Conflict of Interest:
1)
No perso:; may serve on the Human Services Commission while he or
she is ,,"- officer, board member or employee of a petitioning or
iunded e::-ganization.
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2) No City employee in a position to .inl'luence social service recommenda-
tions ";Ii;:;''] serve on the board of any organization or in any official
capacity for an organization funded directly or indirectly by tbe City
of San Bernardino.
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