HomeMy WebLinkAbout1981-402
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RESOLUTION NO.
81-402
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE
3 COUNTY OF SAN BERNARDINO AND THE AUTHORITY FOR THE HANDICAPPED OF
SAN BERNARDINO COUNTY RELATING TO THE OPERATION AND MAINTENANCE OF
4 NORTH NORTON COMMUNITY CENTER.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereb
authorized and directed to execute on behalf of said City an
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agreement among the City of San Bernardino, the County of San
Bernardino and the Authority for the Handicapped of San Bernardino
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relating to the operation and maintenance of North Norton Communit
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Center, a copy of which is attached hereto, marked ,Exhibit "A"
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and incorporated herein by reference as fully as though set forth
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at length.
I HEREBY CERTIFY that ,the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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Bernardino at an
adjourned regular
meeting thereof, held
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on the 14th
day of
September
, 1981, by the following
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vote, to wit:
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AYES:
Council Members castaneda, Reilly, Hernandez. Botts.
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Hudson, Strickler
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NAYS:
None
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ABSENT:
Council Member Hobbs
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The foregoing resolution is
of ~4../, 1981.
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Appro~~ ,:s to fo~~: /"
/~.~~. /"'" ~~' // Jc' './
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City Attorney
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~ 6/.),tf1. '
A G R E E MEN T
(Operation and maintenance ~ North Norton Community Center)
THIS AGREEMENT is made and entered into this /f
day of
~i:;;jM) , 1981, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, hereinafter referred to as
\"City, the COUNTY OF SAN BER..NARDINO, a body politic, hereinafter
referred to as "County", and the AUTHORITY FOR THE HANDICAPPED OF
SAN BERNARDINO COUNTY, a public entity,hereinafter referred to as
the "Authority".
WIT N E SSE T H:
WHEREAS, County and City were desirous of providing a recre-
ational community center for individuals with disabilities in San
Bernardino County: and,
WHEREAS, County and City established Authority for the purpos~
of creating a separate entity which would take possession of and
operate a recreational and community center in North Norton Commun-
ity Development target area, hereinafter referred to as "North
Norton" .
NOW, THEREFORE, County, City and Authority for and in consid-
eration of the mutual promises and agreements herein contained, do
agree as follows:
SECTION 1. PURPOSE
This agreement is entered into to operate North Norton in
compliance with the requirements of HUD and the guidelines of the
County Office on Community Development.
SECTION 2. TER..~
This agreement shall become effective as of the date hereof
and shall continue in full force and effect for a term ending No~
" vember l, 2020, or until terminated by mutual consent of the partieE.
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SECTION 3. DEFINITIONS
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A. Operating Costs
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Operating costs are the direct costs of'operating
4 any program within North Norton. These costs are comprised of
5 but not limited to personnel, services and supplies for service
6 delivery and other costs paid by the City or County operating the
7 program.
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B. Maintenance costs
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Maintenance costs are the costs of maintaining North
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utilities, maintenance and general insurance. Maintenance costs
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do not include items of maintenance which are the responsibility
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13 of the San Bernardino City' Unified School District.
SECTION 4. METHOD OF ACCOMPLISHING PURPOSE
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A. The County shall provide programs which at least
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meet the minimum requirements of HUD and the guidelines of the
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County Office of Community Development and shall pay to the
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Authority all maintenance costs at North Norton as long as the
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area commonly described in the following paragraph "B" does not
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become a part of the City of San Bernardino.
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B. This paragraph describes an area bounded by a line
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as follows:
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Generally north on the center line of
Waterman Avenue from Third Street to
Sixth Street, east on the center line
of Sixth Street to Tippecanoe Avenue,
generally south on the center line of
Tippecanoe Avenue to Third street, and
generally west on the center line of
Third Street to Waterman Avenue.
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C. If all or a part of the area described in Paragraph
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B above becomes a part of the City or San Bernardino, then the
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IS
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City shall provide a percentage of the programs and pay a percent-
age of the maintenance costs at North Norton equaling the percent-
age of the area which is a part of the City of San Bernardino.
SECTION 5. HOLD HARMLESS
City, County, and Authority shall indemnify, hold harmless
and defend the other, its officers, agents, and employees against
all liability, claims, losses, demands and actions for injury to
or death of persons or damage to property arising out of or allege
to arise out of or in consequence of this agreement, provided such
liability, claims, demands, losses, or actions are claimed to be
due to the acts or omissions of either party, its officers, agents,
or employees in the performance of this agreement.
SECTION 6. MODIFICATION OF AGREEMENT
This agreement may be amended or modified only by written
agreement signed by all 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 such
provision or provisions, nor to act to release any surety from its
obligation under this agreement.
AUTHORITY FOR THE HANDICAPPED
ATTEST: ~ ~ /'
By~~BY~~-
Secretary to the Authority
APp~a~orm
of ~
this '1 ~itt day
, 1981
By
Counsel
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ATTEST:
BY~(~/~,1h
~ty C erk
I Approved as t~onn. this
~ day of ;i;;.I_J, 1981,
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By />Ld/ J-7L./ /~, /:-/.0 -'c.--:/
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city At!torney
ATTEST:
Clerk of the Board of
Supervisors
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BY~
Deputy
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CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
BY_ai~~
Supervisors
this 1b- day
, 1981
::pro~J?~rrn
County Counsel
By
ADOPTED
Board of Supervisors
County of San Bernardino
~.~.f. '
Clerk of the Board of
Supervisors
1981
SUBJECT OPERATING AGREEMENTS WITH THE CITY OF SAN BERNARDINO FOR THE
CENTER FOR INDIVIDUALS WITH DISABILITIES
RECOMMENDATION:
81-647 Al_~4~ 81-649
Approve the operating agreement~for the enter
for Individuals with Disabilities and authorize
the Chairman to execute on behalf of the Board
of Supervisors.
and 81-650
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BACKGROUND INFORMATION: On October 16, 1978, the Board of
Supervisors and the City of San Bernardino created a Joint
Powers entity, Authority for the Handicapped of San
Bernardino County. The Authority's purpose is to organize
and administer an areawide handicapped center and care system
in the North Norton Block Grant target area. The Authority,
with Office of Community Development funds from the County
and the City, has constructed a Therapy Recreational Center
for individuals with disabilities, a Community Center, and
a park in what is called the North Norton Complex. The
facilities were completed October 22, 1980.
The County and City have executed lease agreements which fund
the operation of programs at the Center. The operating
agreements layout the responsibilities and roles of the City
and County over the life of the facilities.
RBR:JMG:db
Attachment
APPROVED BOARD OF SUPER;PSC~S
COUNTY OF SAN BERNARD!~ ,.J
MOTION V V s .1:1.__ _~_
123 'i 3i
ANDREE ~:S~O~~, CLERI<j)F.TH: BOARD i
,BY .(.-.~ .~~-.J j
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12-1367-000 Rev. 1/71