HomeMy WebLinkAbout1981-419
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RESOLUTION NO.
81-419
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MERRI-MIXERS RELATING TO FINANCIAL
3 ASSISTANCE FOR THE FISCAL YEAR 1981-1982. (01-204-252)
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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 hereby
7 authorized and directed to execute on behalf of said City an
8 Agreement with Merri-Mixers r~lating to financial assistance for
9 the fiscal year 1981-1982, a copy of which is attached hereto,
10 marked Exhibit "A" and incorporated herein by reference as fully
11 as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14
Bernardino at an
adjourned regular
meeting thereof, he~d
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on the
24th day of
, 1981, by the following
September
16 vote, to wit:
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AYES:
Council Members Castaneda, Reilly, Hernandez,
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Botts, Strickler
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NAYS:
Council Member Hudson, Hobbs,
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ABSENT:
None
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~#?4<~.d
/' City Clerk
rs-dday
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The foregoing resolution
~../, 1981.
is hereby approved th'
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of
Bernardino
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form:
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A G R E E MEN T
2 (Community Service Organization)
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City", and
5 MERRI-MIXERS, a nonprofit community service organization, referred
6 to as "Service Organization".
7 City and Service Organization agree as follows:
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1. Recitals.
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(a) Service Organization has requested financial
]0 assistance from City for the fiscal year 1981-1982.
]]
(b) Service Organization represents that the
]2 expenditures authorized by this agreement are for valid municipal
13 public purposes. The purpose is the transportation for the
14 ambulatory developmentally disabled adult with growth promoting
]5 experiences designed to achieve normalization and to develop each
]6 individual's capacity through community interaction, development
]7 of motor skills and social awareness, and administration of the
]8 program.
]9
2. Payment. City shall pay to Service Organization the
20 total sum of TEN THOUSAND DOLLARS ($10,000) during the fiscal year
21 at such time or times as determinted by the Finance Director of
22 city in his sole discretion.
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3. Term. This agreement shall commence July 1, 1981, and
24 terminate June 30, 1982.
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4. Use of Funds. The funds paid to Service Organization
26 shall be used by it solely for the purposes set forth in Paragraph
27 l(b) of this agreement. A variation in the itemization of costs,
28 as set forth in the proposed budget submitted to City, not to
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1 exceed ten percent (10%) shall be allowed, provided the prior
2 written approval of the Director of Human Services of City is
3 obtained. At the end of the term, all unexpended funds shall be
4 returned to City by Service Organization.
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5. Accounting. Prior to the final payment under this
6 agreement, and at such other times as may be requested by the City
7 Administrator or Director of Finance of City, the Service
8 organization shall submit to the City Administrator, with a copy
9 to the Director of Finance, an accounting of the proposed and
10 actual expenditures of all revenues accruing to the organization
11 for the fiscal year ending June 30, 1982. Financial records shall
12 be maintained by Service Organization in accordance with generally
13 accepted accounting principles, in a manner which permits City to
14 trace the expenditures of the funds. All books and records of
15 Service Organization are to be kept open for inspection at any
16 time during the business day by the City or its officers or
17 agents.
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6. Services Available to Residents. The services of Service
19 Jrganization shall be made available to residents and inhabitants
of the City of San Bernardino. No person shall be denied service
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21 because of race, color, creed, or sex. Service Organization shall
22 have and comply with Affirmative Action guidelines in its
23 employment practices.
7. Approval of City of any Charges. City reserves the right
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to require Service Organization to obtain the prior written
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approval of City of any charges or fees to be charged by Service
Jrganization, and of any rules and regulations governing the
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services.
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8. Application for Other Funding. Service Organization must
apply for funds from other sources. Evidence of the application
shall be made 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 must be reported
immediately to the Director of Human Services.
9. Temporary Withholding. The Director of Human Services,
with the concurrence of the Mayor and Common Council, is
authorized to temporarily withhold or terminate the payment 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 Director and Mayor and Common Council.
10. Hold Harmless. Service 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 or 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 Service
Organization. Service Organization and its employees and agents
are independent contractors and not employees or agents of City.
11. Standards. Service Organization agrees to comply with
the provisions of "Section 1. Recommendations", of a portion of a
report entitled "Report of the Special Council Subcommittee for
Social Service Funds" dated and adopted on February 18, 1975, and
on file in the Office of the City Clerk of City, a copy of which
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1 recommendations is attached, marked Exhibit "I" and incorporated
2 in this agreement by this reference.
3
12. Termination. City shall have the right to terminate
4 this agreement and any funding of Service Organization for any
5 reason by mailing a ten (10) day written notice to Service
6 Organization and this agreement shall terminate ten (10) days
7 after the mailing of such notice. Any remaining unpaid funds
8 shall not be prorated or paid to Service Organization.
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13. Assignment. Service Organization shall not assign its
10 interest in this agreement without the prior written approval of
11 City.
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14. Notices. All notices relating to this agreement shall
13 be in writing and delivered in person or sent by certified mail,
14 postage prepaid, addressed as follows:
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Director of Human Services
City Hall
300 North "D" Street
San Bernardino, CA 92418
DATED: Jptforn. k tJ ,)'(}/ If//?!
CITY OF
Merri-Mixers
c/o Lonnie Simon, Pres.
2880 Muscupiabe Drive
San Bernardino, CA 92405
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19 ATTEST:
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B
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~??(?/~
ity Clerk
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MERRI-MIXERS
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Approved as to form:
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27
ity Attorney
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