HomeMy WebLinkAbout1981-404
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RESOLUTION NO.
81-404
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE
COUNTY OF SAN BERNARDINO, AND THE AUTHORITY FOR THE HANDICAPPED
4 OF SAN BERNARDINO COUNTY RELATING TO THE OPERATION AND MAINTENANCE
AGREEMENT FOR THE CENTER FOR INDIVIDUALS WITH DISABILITIES.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
6 THE CITY OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. The Mayor of the City of San Bernardino
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is hereby authorized and directed to execute on behalf of
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said City an agreement among the City of San Bernardino, the
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County of San Bernardino, and the Authority for the Handicapped
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of San Bernardino County relating to the operation and maintenance
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agreement for the center for individuals with disabilities, a
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copy of which is attached hereto, marked Exhibit "A" and
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incorporated herein by reference as fully as though set forth
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at length.
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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 a n
adjourned regular
meeting thereof, held
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on the
14th day of
1981, by the following
September
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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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~#'R'~
/ C1ty er
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of ~Z;
resolution is hereby approved this I.
day
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1981.
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Approved as to form:
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AGREENENT
(Operation and Maintena~ce Agreement
Center for Individuals with Disabilities}-
THIS AGREEMENT is made and entered into this ~ day of
!1ft~u , 1981, by and among the City of San
IBernar~ino, a municipal corporation, hereinafter referred to as
, .
"C~ty", the County of San Bernardino, 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 5 SET H:
WHEREAS, the City and County are desirous of funding pro-
grams at the recreational and community center for individuals
with disabilities in San Bernardino County; and
WHEREAS, City and County established Authority for the
purpose of creating a separate entity which would take possession
of and operate a recreational and community center for individuals
with disabilities in the North Norton Community Development
target area;
NOW THEREFORE, County, City and Authority, to insure
operations and maintenance of the center, do agree as follows:
Section 1. PURPOSE
This Agreement is made t,:) insure the equitable distribution
of costs of operation and maintenance of the Center for Individual
with Disabilities, hereinafter referred to as "CID".
Section 2. TER~
This Agreement shall become effective as of the date
hereof and shall continue in full force and effect for a term
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ending November 1, 2020, or until terminated by mutual consent
of the parties.
section 3. DEFINITIONS
A. Operating Costs
Operating costs are the direct costs of operating any
program within the CID. These costs are comprised of but not
limited to personnel, services and supplies necessary for service
delivery and other costs paid by the City or County operating the
program. These costs do not include the cost of leasing space
in CID from Authority.
B. Maintenance Costs
Maintenance costs are the costs of maintaining the CIO.
These costs are comprised of but not limited to custodial,
utilities, maintenance, supplies necessary for maintenance, minor
repairs and general insurance. Maintenance costs do not include
items of maintenance which are the responsibility of the San
Bernardino City Unified School District.
Section 4. METHOD OF ACCO~PLISHING PURPOSE
A. The parties intend to operate programs in CIO upon
reaching appropriate agreements with Authority. Each party shall
bear the entire cost of its operating costs, as well as the cost
of leasing space in CIO.
B. The County and City shall share equally the total
maintenance costs of CIO, and shall pay its respective amount to
Authority promptly upon being billed by Authority. A lease
payment made to Authority shall be considered a payment of main-
tenance cost.
County and City each agree that if its lease payments
paid to Authority are less than its 50% share of the maintenance
-2-
costs, it shall pay to Authority the difference, pronptly upon
being billed by Authority.
C. In order to facilitate program operation, the City
agrees to provide at its own cost a full time (at least 40 hours
per week) director for CID and all furniture, equipment and
supplies needed by the director. Said director shall be a City
employee. No director shall be appointed or continued in the
position by the City unless the director has the approval of the
Authority. The director shall operate the entire CID and assure
that all programs therein are operated in a manner co~sistent
with the policies and directives of the Authority.
D. In.order to facilitate program operation, the County
agrees to provide at its own cost a full time (at least 40 hours
per week) receptionist for CID and all furniture, equipment and
supplies needed by the receptionist. Said receptionist shall
be a County employee. No receptionist shall be appointed or
continued in the position by the County unless the receptionist
has the approval of the Authority. The receptionist shall perform
the duties of a receptionist at CID and the other duties assigned
in a manner consistent with the policies and directives of
Authority.
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
alleged to arise out of or in consequence of this Agreement,
provided such liability, claims, demands, losses, or actions are
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claimed to be due to the acts or omissions of either party, its
officers, agents, or employees in the performance of this agree-
ment.
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.
ATTEST:
AUTHORITY FOR THE HANDICAPPED
BY~~
-
.
By ~ ~~~H__
Secretary to the Authority
THIS ~ ~ day
, 1981.
By
C
ATTEST:
~//~~$
~ty Clerk
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APPROVED AS TO FORB THIS /~ day
A
of )& "k.~
I
t
, 1981.
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City Attorney
ATTEST:
Clerk of the Board of Supervisors
~
.
By ~~M~~ ~
Deputy
APPROVED AS TO FOR~ THIS~day
OfJ)!~ '
~y
, 1981.
A PTED
Board of Supervisors
co~a~~rnardino , 1981.
Clerk of the Board of Supervisors.
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. ;
.
INTER-OFFICE MEMO
",
"~i
TO BOARD OF SUPERVISORS
PHONE 2018
DATE
FROM ROBERT
County
SUBJECT OPERATING AGREEMENTS WITH THE CITY OF SAN BERNARDINO FOR THE
CENTER FOR INDIVIDUALS WITH DISABILITIES
RECOMMENDATION:
81-647, 81-648, ~-649
Approve the operating agreement&for the Cen er
for Individuals with Disabilities and authorize
the Chairman to execute on behalf of the Board
of Supervisors.
and 81-650
'(;-1- /'$1
BACKGROUND INFORMATION: On October 16, 1978, the Board of
Supervisors and the City. of San Bernardino created a Joint
Powers entity, Authority for the Handicapped of San
Bernardino County. The Authority's purpose is to organize
and administer an areawide handicapped center and care system
in the North Norton Block Grant target area. The Authority,
with Office of Community Development funds from the County
and the City, has constructed a Therapy Recreational Center
for individuals with disabilities, a Community Center, and
a park in what is called the North Norton Complex. The
facilities were completed October 22, 1980.
The County and City have executed lease agreements which fund
the operation of programs at the Center. The operating
agreements layout the responsibilities and roles of the City
and County over the life of the facilities.
RBR:JMG:db
",
Attaclunent
APPROVED BOARD OF SUPERVlSC~S
COUNTY OF SAN BERNARD!:,:.,1
MOTION V Y S -1:1.__ _L..
1 2 3 ,:; 5
ANDREE DISHAROON, CLERK 9f 1;HE.BOARD
BY ,~"~
l~~~ TED: 'Sfp ? R trm
,
~,
12-1367-0ao Rev. 1/77
~ ~/-C~~
AUTHORITY FOR THE
HANDICAPPED
OF SAN BERNARDINO COUNTY
-
AGREEMENT
.,
THIS AGREEMENT is made and entered into ~his ____ day of .
, 1981, by and among the City of San Bernardino, a municipal
corporation, hereinafter referred to as "City," .the County of San Be..:nardino,
a bod~ politic, hereinafter referred to as "County," and the Authority for
the ~~ndicapped of San Bernardino County, a public entity, hereinafter referred
to a$ the "Authority."
WIT N E SSE T H :
WHEREAS, the City and County are desirous of funding programs at the
recreational and community center for individuals with disabilities in San
Bern.ardino County; and
WHEREAS, City and~ounty established Authority for the purpose of
creating a separate entity which would take possession of and operate a
recreational and community center for individuals with disabilities in the
North Norton Community Development target area;
NOW THEREFORE, County, City and Authority, to insure operations and
maintenance of the center, do agree as follows:
Section 1. PURPOSE
This Agreement is made to insure the equitable distribution of costs
of operation and maintenance of the Center for Individuals with Disabilities,
hereinafter referred to as "CID."
Section 2. TERM
This Agreement shall become effective as of the date hereof and shall
continue in full force and effect for a term ending November 1, 2020, or until
terminated by mutual consent of the parties. .
Section 3. DEFINITIONS
A. Operating Costs
Operating. costs are the direct costs of operating any program
within the eID. These costs are comprised of but not limited to personnel,
Page 1 of 4
4 - ~
services and supplies necessary for service
the City or County operating the program.
of leasing space in CID from Authority.
B. Maintenance Costs
Maintenance costs are the costs of maintaining the CID. There
costs are comprised of but not limited to custodial, utilities, maintenance,
supplies necessary for maintena~ce, minor repairs and general insurance.
Maint~nance costs do not include items of maintenance which are the responsi-
delivery and other costs paid by
These costs do not include the cost
bili~y of the San Bernardino County Unified School District.
Section 4. METHOD OF ACCOMPLISHING PURPOSE
A. The parties intend to operate programs in CIn upon reaching
appropriate agreements with Authority. Each party shall bear the entire cost
of its operating costs, and well as the cost of leasing space in CIn.
B. The County and City shall share equally the total maintenance costs
of c+n, and shall pay its respective amount to Authority promptly upon being
" .
billed by Authority. A lease payment made to Authority shall be considered a
payment of maintenance cos~.
County and City each agree that if its lease payments paid to
Authority are less than its 50% share of the maintenance costs, it shall pay
,
to Authority the difference, promptly upon being billed by Authority.
C. In order to facilitate program operation, the City agrees to
provide at its own cost a full time (at least 40 hours per week) director for
CID and all furniture, equipment and supplies needed by the director. Said
director shall be a City employee. No director shall be appointed or co~tinued
in the position by the City unless the director has the approval of the
Authority. The director shall operate the entire CIn and all programs therein
in a manner consistent with the policies and directives of the Authority.
.
n. In order to facilitate program operation, the County agrees to
provide at its own cost a full time (at least 40 hours per week) receptionist
for CID and all furniture, equipment and supplies needed by the receptionist.
Said receptionist shall be a County employee. No receptionist shall be
appointed or continued in the position by the County unless the receptionist
has the approval of the Authority. The receptionist shall perform the duties
of a receptionist at CID and the other duties assigned in a manner consistent
with the policies and directives of Authority.
III
11/
Page 2 of 4
i
.
.
Section 5. HOLD HARMLESS
City, County and Authority shall indemnify, hold harmless and defend
the other, its officers, agents, and employees against all liability, cl~ims,
losses, demands and actions for injury to or death of persons or damage to
property arising out of or alleged 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 enfqrce 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
By ~2~~
Cha~rman
ATTEST:
BY~~
Secretary to the Authority
APPROVED AS TO FORM .THIS - {,~ay
of
, 1981.
By
.
Page 3 of 4
.' ~
.
ATTEST:
By ~.m?/~
/ City Clerk
APPROVED AS TO FORM THIS 1//1, day
of ,fr;a1.t'L , 1~8~'
By . /~J#!;0
~ 4\.ttorney
'"
ATTEST:
Clerk of the Board of
SUpervisors
.
By
~
Deputy
APPR
FORM THIS ~ day
, 1981.
of
Cou
By
CITY OF SAN
::UN:~~?/ .
f""lO
, Cba1":n of tbe Board of
Supervisors
.-
ADOPTED
Board of Supervisors
County of San Bernardino.
.)0..1"'-' ~ g , 1981
Clerk of the Board of Supervisors
Page 4 of 4
1'-
INTER-OFFICE MEMO
~1
~y,/_ ... ..~.
tf1ilo 114.,,,/ -
SUBJECT OPERATING AGREEMENTS WITH THE CITY OF SAN BERNARDINO FOR THE
CENTER FOR INDIVIDUALS WITH DISABILITIES
TO BOARD OF SUPERVISORS
DATE
FROM ROBERT
County
RECOMMENDATION:
81-647. 81-648. 81-649
Approve the operating agreement~for the Center
for Individuals with Disabilities and authorize
the Chairman to execute on behalf of the Board
of Supervisors.
and 81-650
~/ ... LoSl
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 opera.tion 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,nSC8S
COUNTY OF SAN BERNARD'::.;
MOTION V V s ...M.__ _~__
123 i. ;)j
ANDREE..Q~S~AfJPON. CLERK 9f ~E SOAlD ~ ;
IBY ~.-~. ~~"'~rV ___ 1
Lf2::"IED: '~FP 2 P, 1111 . .d
,
~,
12.1367.000 Rev. 1/17