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HomeMy WebLinkAbout1989-135 1 2 3 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 1] RESOLUTION NO. 89-135 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ROLLING START, INC. RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1989-1990. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an agreement with Rolling Start, Inc. relating to financial assistance for fiscal year 1989-1990, 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 meeting thereof, held on the 15th by the following vote, to wit: day of May 1989, AYES: Council Members Estrada, Flores, Maudsley, Minor, Pope-Ludlam NAYS: None ABSENT: Council Member Reilly, Miller ..h~~~ / City C erk r.1arch 30, 1989 Page 1 1 2 RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ROLLING START, INC. RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1989-1990. 3 :1 The foregoing Ii 4 ii day of May 5 6 7 :1 I ; 'I il Ii & 9 Approved as to form and legal content: 10 11 12 7~ y Attorney 13 14 15 16 17 1& 19 20 21 22 23 24 25 26 27 2& ~larch 30, 1989 Page 2 resolution is hereby approved this (teL . 1989. " 1 A G R E E MEN T 2 (Community Service Organization) 3 THIS AGREEMENT is entered into effective as of July 1, 1989, at San 4 Benrardino, California, between the City of San Bernardino, a municipal 5 corporation, referred to as "City", and Rolling Start, Inc., 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 10 City for the fiscal year 1989-1990. 11 (b) Servi ce Organi za1iion represents that the expenditures authorized 12 by this agreement are for a valid municipal public purpose. The purpose is to 13 provide counseling and mental health services, transportation to and from 14 medical appointments, assistance with social security problems, home problems, 15 etc. for senior citizens. 16 2. Payment. City shall pay to Service Organization the total sum of 17 ONE THOUSAND EIGHT HUNDRED THIRTY-SIX DOLLARS ($1,836), for the term of this 18 agreement, payable in twelve monthly installments of ONE HUNDRED FIFTY-THREE 19 DOLLARS ($153). Monthly payments shall be paid on or before the 5th day of 20 each month. 21 3. Term. This agreement shall cover the period from July 1, 1989 through 22 June 30, 1990. 23 4. Use of Funds. The funds paid to Service Organization shall be used 24 by it solely for the purpose set forth in Paragraph 1 (b) of this agreement 25 and in accordance with the budget submitted to the City, a copy of which is 26 attached hereto as Exhibit "I" and by this reference made a part hereof. 27 A variation in the itemization of costs, as set forth in the proposed budget, 28 not to exceed ten percent (10%), shall be allowed, provided the prior written approval of the Director of Parks, Recreation and Community Services of City ~larch 30, 1989 Page 3 Exhibit ",1\" I' 1- 1 is obtained. At the end of the term, all unexpended funds shall be returned 2 to City by Service Organization. 3 5. Accounting. Prior to the final payment under this agreement, and 4 ,at such other times as may be requested by the City Administrator or Director , 5 ilof Finance of City, the Service Organization shall submit to the City Adminis- 6 trator, with a copy to the Director of Finance, an accounting of the proposed 7 and actual expenditures of all revenues accruing to the organization for the 8 fiscal year ending June 30, 1990. Quarterly reports shall be forwarded for 9 review by the Director of Parks, Recreation and Community Services Department. 10 Quarterly reports shall be compared with original budget proposal. Financial 11 records shall be maintained by Service Organization in accordance with generally 12 accepted accounting principles, in a manner which permits City to trace the 13 expenditures of the funds. All books and records of Service Organization 14 are to be kept open for inspection at any time during the business day by the 15 City or its officers or agents. 16 6. Services Available to Residents. The services of Service Organiza- 17 tion shall be made available to residents and inhabitants of the City of San 18 Bernardino. No person shall be denied service because of race, color, creed, 19 age, or sex. Service Organization shall have and comply with Affirmative 20 Action guidelines in its employment practices. 21 7. Approval of City of any Charges. City reserves the right to require 22 Service Organization to obtain the prior written approval of City of any 23 charges or fees to be charged by Service Organization, and of any rules and 24 regulations governing the services. 25 8. Application for Other Funding. No Service Organization will be 26 funded by the City for more than a total of three years. Service Organization 27 must apply for funds from other sources. Evidence of the application shall 28 be made available to City prior to any consideration for further funds for the March 30, 1989 Page 4 1 next fiscal year. Receipt of any revenue from such other sources during this fiscal year must be reported immediately to the Director of Parks, Recreation 2 3 and Community Services. 4 9. Temporary Withholding. The Director of Parks, Recreation and Community Services, with the concurrence of the Mayor and Common Council, is 5 6 7 8 9 authorized to temporarily withhold or to 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 10 11 12 13 damages arising or growing out of the use or receipt of funds paid under this 14 agreement, and all operations under this agreement. Payments under this agree- 15 ment are made with the understanding that the City is not involved in the 16 performance of services or other activities of Service Organization. Service 17 Organization and its employees and agents are independent contractors and not 18 employees or agents of City. 19 11. Standards. Service Organization agrees to comply with the provisions 20 of "Section 1. Recommendations", of a portion of a report entitled "Report 21 22 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 has previously been provided to Service Organization. All 23 24 references to Human Services Department and/or Director are now referred to as 25 "Parks, Recreation and Community Services Department and/or Director". 26 12. Termination. City shall have the right to terminate this agreement 27 and any funding of Service Organization for any reason by mailing a ten day 28 written notice to Service Organization and this agreement shall terminate ten ~1arch 30, 1989 Page 5 22 23 24 25 26 27 28 1 days aft.er the mail ing of such notice. 2 , i I 13. Amendment. This agreement may be amended or modified only by written i 3 agreement signed by both parties and failure on the part of either party to 4 enforce any provision of this agreement shall not be construed as a waiver of 5 6 the right to compel enforcement of any provision of provisions. 14. Assignment. This agreement shall not be assigned by Service Organ- 7 ization without the prior written consent of City. 8 15. Notices. All notices herein required shall be in writing and de- 9 livered in person or sent by certified mail, postage prepaid, addressed as 10 fa 11 ows: 11 As to City: City Administrator City Ha 11 300 North "0" Street San Bernardino, CA 92418 As to Service Organizations: 12 Kathy L. Ambrosio, Coordinator Rolling Start, Inc. 443 West 4th Street San Bernardino, CA 92401 13 14 15 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. 16 17 18 ~ ,a: /f?~f DATED 19 20 21 ATTEST: CITY OF SAN BERNARDINO ~Q$~Y/ 'City Clerk By ?l~ ~1arch 30, 1989 Page 6 . !l 1 2 3 4 Approved as to form 5 and legal content: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROLLING START, INC. 'Y ~/ ,// Title e-.c. /),rt?c,,,r March 30, 1989 Page 7 ONt:l o Olll El"'Ol <:T III ,....El 0; i:l 0 !"t llli:l p."'" c:: III . 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