Loading...
HomeMy WebLinkAbout1989-134 10 11 12 13 14 15 16 II 1 RESOLUTION NO. 89-134 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEtlENT WITH FRAZEE COMMUNITY CENTER RELATING TO FINANCIAL ASSISTANCE FOR 3 FISCAL YEAR 1989-1990. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized 6 7 and directed to execute on behalf of said City an agreement with Frazee Community Center relating to financial assistance for fiscal year 1989-1990. 8 9 a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the office of The City Clerk within 60 days following effective date of the 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 regular 17 meeting thereof, held on the by the following vote, to wit: 15th day of 1989, May 18 AYES: Council Members Estrada, Flores, Maudsley, Hinor, 19 Pope-Ludlam 20 21 22 NAYS: ABSENT: None Council Members Reilly, Miller 23 "'p~Ah / City C erk 24 25 26 27 28 Page 1 1 2 ! i , j: 3 Ii I , 4 " " 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ![ RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FRAZEE COMMUNITY CENTER. RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1989-1990. The foregoing resolution is hereby approved this /ltcL day of May , 1989. Evlyn Wil ox, Mayor City of San Bernardino Approved as to form and legal content: ;, ~ y Attorney Page 2 II /';d~ - . ."'( 1 A G R E E MEN T 2 (Community Service Organization) 3 THIS AGREEMENT is entered into effective as of July I, 1989, at San 4 Bernardino, California, between the City of San Bernardino, a municipal 5 corporation, referred to as "City", and Frazee Community Center, a nonprofit 6 community service organization, referred to as "Service Organization". 7 City and Service Organization agree as follows: 8 1. Recitals. 9 (a) Service Organization has requested financial assistance from City 10 for the fiscal year 1989-1990. 11 (b) Service Organization represents that the expenditures authorized 12 by this agreement are for a valid municipal public purpose. The purpose is to 13 provide emergency assistance of food, clothing, medical and referrals to 14 individuals in dire need. 15 2. Payment. City shall pay to Service Organization the total sum of 16 ONE THOUSAND SEVEN HUNDRED FOUR DOLLARS ($1,704), for the term of this agree- 17 ment, payable in twelve monthly installments of ONE HUNDRED FORTY-TWO DOLLARS 18 ($142). Monthly payments shall be paid on or before the 5th day of each month. 19 3. Term. This agreement shall cover the period from July I, 1989, 20 through June 30, 1990. 21 4. Use of Funds. The funds paid to Service Organization shall be used 22 by it solely for the purpose set forth in Paragraph l(b) of this agreement and 23 in accordance with the budget submitted to the City, a copy of which is 24 attached hereto as Exhibit "1" and by this reference made a part hereof. A 25 variation in the itemization of costs, as set forth in the proposed budget, 26 not to exceed ten percent (10%), shall be allowed, provided the prior written 27 approval of the Director of Parks, Recreation and Community Services of city 28 is obtained. At the end of the term, all unexpended funds shall be returned Exhibit "A" 1 to City by Service Organization. 2 5. Accounting. Prior to the final payment under this agreement, and at 3 : such other times as may be requested by the City Administrator or Director of II Finance of City, the Service Organization shall submit to the City Administra- tor, with a copy to the Director of Finance, an accounting of the proposed and I I actual expenditures of all revenues accruing to the organization for the fiscal I i year ending June 30, 1990. Quarterly reports shall be forwarded for review by I I the Director of Parks, Recreation and Community Services Department. Quarterly I I i Reports shall be compared with original budget proposal. Financial records I shall be maintained by Service Organization in accordance with generally 4 5 6 7 8 9 10 11 accepted accounting principles, in a manner which permits City to trace the 12 expenditures of the funds. All books and records of Service Organization are 13 to be kept open for inspection at any time during the business day by the City 14 or its officers or agents. 15 6. Services Available to Residents. The services of Service Organization 16 shall be made available to residents and inhabitants of the City of San 17 Bernardino. No person shall be denied service because of race, color, creed, 18 age, or sex. Service Organization shall have and comply with Affirmative 19 Action guidelines in its employment practices. 20 7. Approval of City of any Charges. City reserves the right to require 21 Service Organization to obtain the prior written approval of City of any 22 charges or fees to be charged by Service Organization, and of any rules and 23 regulation governing the services. 24 8. Application for Other Funding. No Service Organization will be funded 25 by the City for more than a total of three years. Service Organization must 26 apply for funds from other sources. Evidence of the application shall be made 27 available to City prior to any consideration for further funds for the next 28 fiscal year. Receipt of any revenue from such other sources during this fiscal 2 1 'j year must be reported 11 2 II Community Services. , " immediately to the Director of Parks, Recreation and 3 !I , !i Community Servi ces, with the concurrence of the Mayor and Common Council, is 11 II 11 II Il 9. Temporary Withholding. The Director of Parks, Recreation and 4 5 authorized to temporarily withhold or to terminate the payment of funds to 6 Service Organization when the Director determines that any violation of the agreement has occurred. Funds shall be withheld until the violation is 7 8 corrected to the satisfaction of the Director and Mayor and Common Council. 9 10. Hold Harmless. Service Organization agrees to indemnify and save harmless the City and its employees and agents from all liabilities and charges 10 11 expenses (including counsel fees), suits or losses, however occurring, or 12 damages arising or growing out of the use or receipt of funds paid under this 13 agreement, and all operations under this agreement. Payments under this 14 agreement are made with the understanding that the City is not involved in the 15 performance of services or other activities of Service Organization. Service 16 Organization and its employees and agents are independent contractors and not 17 employees or agents of City. 11. Standards. Service Organization agrees to comply with the provisions 18 19 of "Section 1. Recommendations", of a portion of a report entitled "Report of 20 the Special Council Subcommittee for Social Service Funds" dated and adopted 21 on February 18, 1975, and on file in the Office of the City Clerk of City, 22 a copy of which has previously been provided to Service Organization. All 23 references to Human Services Department and/or Director are now referred to as 24 "Parks, Recreation and Community Services Department and/or Director". 25 12. Termination. City shall have the right to terminate this agreement and any funding of Service Organization for any reason by mailing a ten day written Organization and this agreement shall terminate ten days after the 26 27 28 mailing of such notice. 3 1 13. Amendment. This agreement may be amended or modified only by 2 written agreement signed by both parties and failure on the part of either 3 party to enforce any provision of this agreement shall not be construed as a 4 waiver of the right to compel enforcement of any provision of provisions. 5 14. Assignment. This agreement shall not be assigned by Service 6 Organization without the prior written consent of city. 7 15. Notices. All notices herein required shall be in writing and 8 delivered in person or sent by certified mail, postage prepaid, addressed as 9 foll ows: 10 As to city: City Administrator City Hall 300 North "0" Street San Bernardino, CA 92418 As to Service Organizations: Frazee Community Center 1140 West Mill Street San Bernardino, CA 92410 11 12 13 14 16. Entire Agreement. This agreement represents the entire agreement between the parties hereto and any amendments and/or addendums shall be made in writing between the parties and attached to the agreement. 15 16 17 18 DATED ]~.J:? /'1 if 19 ATTEST: 20 21 ~~~-0 'City Clerk CITY OF SAN BERNARDINO BY~' _J$'~ Ev yn Wi l7ox, M yor City of San Bernardino 22 23 FRAZEE COMMUNITY CENTER ~ ' B~<, / ,~ /L:./;{:f~ Title hJ/i~~ 24 25 26 27 28 Approved as to form and egal content: 4 n c: :t: Vl > I"Tl ~. ;;0 > -0 0 I"Tl 0 ;;0 ~ Vl -I 0 ~ Z 0 ...... Vl -Iz -0 ~ 0> ;;0 G'> -Ir I"Tl z > Vl > rVl ~ -I Vl :t: 0 c: I"Tl I"Tl ;;0 I"Tl Z I"Tl -I -I Vl > Vl ">. '{.. \\ - It" , I V1 I"Tl Vl ~ X ~ . \~ I"Tl G'> n z c: > - -I -I ~ c: < ;;0 '\ I"Tl I"Tl 0 '" "- ." ., ." <:> ~ ("""") I"Tl ;;0 - '" .... :x> +> ~ -oI-l;;o:O;:G'>I"Tl-l3;;oVl o fTlrr1):a:PI)>om::t> (J') r"-;(J"'Irr1x;:oZ. -I 1"TlC:'" nl"Tl-l-l> > -oVl;;o -IVl ;;0 G1:I:rr1 ;:0 ("")to---4 m en.......- Om rrt nOm:3c.n :E: .......:E: rt rr1 -t:z-c-s+ ;:0 -<m:J>S:U c -<0 "'T1 3<+;;0 -o1"Tl ~ ;:;cz-c:z 'O-ls:u CIJ . -cc.n m ~ ',\Vl '==JI~ . ~~~f *' --1--0--1("")(.11;:0 . ..Jc-S:;;:O;:;OOC('T'1 nQ,la.Q,103:=rzOJ-c o .....<-,,2.,,(.11);:1 3-'rtC'DrrlU')rT1(""')t--I u -...IC./l-C;:O::::O;O -0.-' <.nOm-(/') _ ;:OZ""O 0-1 n-l 12<> ~ z)>m_ "l"' >-1......03 r Ci ~-I Bi ;:; ;" . "TlZ Z ::'/ m- -; " ........ I"Tln rl lf~z I~ '~: t ~ ~~ '" ::l V> '" V> - \~ ~ / ~ ~ "- -....: ~ '-'~ I.s ~ ~ ~, ~ '" u., ~, .~ ~ l' "" "t:-', ') ~ <:) :-- "- ~ '" "'~ K ::) '" C\ ~ t. ':, 'l ~ ~ ') IJ " ~r-.\ ~ ., \~ <11 \~ (\ 'J ~~ \~ .... ,\~ , ) ~ \' \) \l \ t,1 ~~ ~,~ ~ -<:: ~ '" \ c: '> " ~ ,~ ~~ k r.~ '\ ~ I " ~ \ \" \ \~ \~ '\ <r \'. " -....... ~ "- ~ V\~ ~P-. '" i'--~ 'J., fll 'II ' ~ ~~ -, ~ ~ '\ t\ ~) ~ ~\ i(,. :-. :::"-C ~'" ~ ~ ~ \~ 'J " ') f."~ <\ ~ ~ ~. ,": ~ ft' - I, \~ ~\~ "'~ !(l~ ~, . ~ ~\ ~ 0: ~ ~ ~. ~ ~ ", '1-, 1'0' ~ "' ~. :::; "-" A> ~:;:-. l' ~'), ~ G1 ~ ~' ~) :--. " -l-, ~r,,> () ,~ :> ->l () ~ ~'\ ~ \~ \; C\ , ~\., ~ <:" , " " ~ , ~ ~, ~ ~ "", 0f <.:, ~ ~ ~ ~, J.., ~ ~ ~ ~ ~ ~ \...i fI-.. /... ~ '\ -t \~ ~/-. l\\ ~ ~ >."G lJ. \\0.. ~ f-) ~ .) I~ , ~ " ~:--. ''I I \~\~ \~ b ~ - -0 CO;;O c:0 0-0 ~~J -I1"Tl o o 3 on z ~ ~-I 1"Tl-< Vl 3> o. z c: ~. 1"Tl:O;: Vl. 3n 00 z c: ~z 1"Tl-l Vl -< 3." 01"Tl Z 0 ~1"Tl t;lSi r ""." c: c: OZ G'>O I"TlI"Tl -10 I"Tl ,.... O. S; x ~ ;;0 -0 ~ '" '3 I"Tl > I"Tl Z Z 0 > ~ 0 ~ r N ." -I r > c: -I -0 ;;0 ~ ~ I"Tl 0 Vl 2 G'> . Si > 3 0 0 ;;0 I"Tl Vl Vl o -I :t: I"Tl ;;0 t ~ .;!'!< fill -0 ~ > f. ;;0 "" Vl . ;;0 I"Tln n~ ;;0-1 co I"Tl -< , c: > 0 -10 G'> ~." I"Tl 0 -I 2 Vl > -0 12<> 2 ;;0 0 nco -0 01"Tl 0 3;;0 Vl 32 > c:> r 2 ;;0 ~O -I~ -< 2 0 Vl " I"Tl > , ;;0 t! < ~ 'I -" n , I"Tl ,-,4 Vl .~ L. f~ " I"Tl ." ." ;:O'rrlOJ I"Tlnc: <-10 ~~G'> Vl<1"Tl ~I"Tl-l 0 20-< >1"Tl 2-1> OI"Tl;;o , t .