HomeMy WebLinkAbout1989-136
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RESOLUTION NO. 89-136 I
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN I
AGREEMENT WITH MERRI-MIXERS 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: i
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SECTION 1. The Mayor of the City of San Bernardino is hereby authorized I
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and directed to execute on behalf of said City an agreement with Merri-Mixers I
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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.
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void I
and I
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SECTION 2. The authorization granted hereunder shall expire and be
and of no further effect if the agreement is not executed by both parties
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
f1ayor 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 Members Reilly, Miller
--##h'~~
/ City C er
r.1arch 30, 1989
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RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH MERRI-~lIXERS RELATINGTO FINANCIAL ASSISTANCE FOR FISCAL YEAR '
1989-1990.
The foregoing resolution is hereby approved this
dtL
day of
May
, 1989.
~..i 12.~
Ev yWilco , Mayor -
City of San Bernardino
Approved as to form
and legal content:
?~
t.larch 30, 1989
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A G R E E MEN T
(Community Service Organization)
THIS AGREEMENT is entered into effective as of July 1, 1989, at San
Bernardino, California, between the City of San Bernardino, a municipal
corporation, referred to as "City", and Merri-Mixers, a nonprofit community
services organization, referred to as "Service Organization".
City and Service Organization agree as follows:
1. Recital s.
(a) Service Organization has requested financial assistance from
City for the fiscal year 1989-1990.
(b) Service Organization represents that the expenditures authoriz-
ed by this agreement are for a valid municipal public purpose. The purpose is
to provide transportation for the ambulatory developmentally disabled adult
with growth promoting experiences designed to achieve normalization and to
develop each individuals capacity through community interaction, development
of motor skills and social awareness and administration of the program.
2. Payment. City shall pay to Service Organization the total sum of
SEVEN HUNDRED TWENTY DOLLARS ($720), for the term of this agreement, payable
in twelve monthly installments of SIXTY DOLLARS ($60). Monthly payments shall
be paid on or before the 5th day of each month.
3. Term. This agreement shall cover the period from July 1, 1989
through June 30, 1990.
4. Use of Funds. The funds paid to Service Organization shall be used
by it solely for the purpose set forth in Paragraph 1 (b) of this agreement
and in accordance with the budget submitted to the City, a copy of which is
attached hereto as Exhibit "I" and by this reference made a part hereof. A
variation in the itemization of costs, as set forth in the proposed budget,
not to exceed ten percent (10%), shall be allowed, provided the prior written
r1arch 30, 1989
Page 3
Exhibit "A"
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1 approval of the Director of Parks, Recreation and Community Services of City
2 is obtained. At the end of the term, all unexpended funds shall be returned
3 to City by Service Organization.
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5. Accounting. Prior to the final payment under this agreement, and at
5 such other times as may be requested by the City Administrator or Director of
6 Finance of City, the Service Organization shall submit to the City Administra-
7 tor, with a copy to the Director of Finance, an accounting of the proposed and
8 actual expenditures of all revenues accruing to the organization for the fiscal
9 year ending June 30, 1990. Quarterly reports shall be forwarded for review by
10 the Director of Parks, Recreation and Community Services Department.
11 Quarterly reports shall be compared with original budget proposal. Financial
12 records shall be maintained by Service Organization in accordance with gen-
13 erally accepted accounting principles, in a manner which permits City to
14 trace the expenditures of the funds. All books and records of Service
15 Organization are to be kept open for inspection at any time during the business
16 day by the City or its officers or agents.
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6. Services Available to Residents. The services of Service Organiza-
18 tion shall be made available to residents and inhabitants of the City of San
19 Bernardino. No person shall be denied service because of race, color, creed,
20 age, or sex. Service Organization shall have and comply with Affirmative
21 Action guidelines in its employment practices.
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7. Approval of City of any Charges. City reserves the right to require
23 Service Organization to obtain the prior written approval of City of any
24 charges or fees to be charged by Service Organization, and of any rules and
25 regulations governing the services.
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8. Application for Other Funding. No Service Organization will be
27 funded by the City for more than a total of three years. Service Organization
28 must apply for funds from other sources. Evidence of the application shall be
March 30, 1989
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made available to City prior to any consideration for further funds for the
2 next fiscal year. Receipt of any revenue from such other sources during this
3 fiscal year must be reported immediately to the Director of Parks, Recreation
4 and Community Services.
5
9. Temporary Withholding. The Director of Parks, Recreation and Com-
6 munity Services, with the concurrence of the Mayor and Common Council, is
7 authorized to temporarily withhold or to terminate the payment of funds to
8 Service Organization when the Director determines that any violation of the
9 agreement has occurred. Funds shall be withheld until the violation is
10 corrected to the satisfaction of the Director and Mayor and Common Council.
11
10. Hold Harmless. Service Organization agrees to indemnify and save
12 harmless the City and its employees and agents from all liabilities and
13 charges, expenses (including counsel fees), suits or losses, however occurring,
14 or damages arising or growing out of the use of receipt of funds paid under
15 this agreement, and all operations under this agreement. Payments under this
16 agreement are made with the understanding that the City is not involved in
17 the performance of services or other activities of Service Organization.
18 Service Organization and its employees and agents are independent contractors
19 and not employees or agents of City.
20
11. Standards. Service Organization agrees to comply with the provi-
21 sions of "Section 1. Recommendations", of a portion of a report entitled
22 "Report of the Special Council Subcommittee for Social Service Funds" dated
23 and adopted on February 18, 1975, and on file in the office of the City Clerk,
24 a copy of which has previously been provided to Service Organization. All
25 references to Human Services Department and/or Director are now referred
26 to as "Parks, Recreation and Community Services Department and/or Director".
27
12. Termination. City shall have the right to terminate this agreement
28 and any funding of Service Organization for any reason by mailing a ten day
written notice to Service Organization and this agreementshall terminate ten
March 30, 1989
Page 5
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1 d~ys after the mailing of such notice.
2
13. Amendment. This agreement may be amended or modified only by
3 written agreement signed by both parties and failure on the part of either
4 party to enforce any provision of this agreement shall not be construed as
5 a waiver of the right to compel enforcement of any provision of provisions.
6 14. Assignment. This agreement shall not be assigned by Service Organ-
7 ization without the prior written consent of City.
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15. Notices. All notices herein required shall be in writing and de-
9 livered in person or sent by certified mail, postage prepaid, addressed
10 as follows:
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As to City:
City Administrator
City Hall
300 North "0" Street
San Bernardino, CA 92418
As to Service Organizations:
Merri-Mixers, Inc.
c/o Billie Price
4417 North Mayfield
San Bernardino, CA 92407
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.
DATED
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ATTEST:
CITY OF SAN BERNARDINO
~, /I
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B Ev yn W~ Mayor .
City of San Bernardino '
~#2/..c:/'~
'tity Clerk
March 30, 19B9
Page 6
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March 30, 1989
Page 7
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