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HomeMy WebLinkAbout1989-138 ~ 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 RESOLUTION NO. 89-138 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEr1ENT WITH CASA RAMONA, INC. RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1989-1990 (SENIOR CITIZENS PROGRAM). BE IT RESOLVED BY THE MAYOR AND COMr~ON 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 Casa Ramona, 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 rp!1l111rlr meeting thereof, held on the day of 15th MrlY 1989, by the following vote, to wit: AYES: Council Members Flores, Ilaudsley, Minor, Pope-I.udlam NAYS: None ABSENT: Council Members Reilly, Miller ABSTAIN: Council Member Estrada ~h'?7~h / City er t~arch 30, 1989 Page 1 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 CASA RAMONA, INC. RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1989-1990 (SENIOR CITIZENS PROGRAM). The foregoing resolution is hereby approved this /cPi~ 1 2 3 4 day of May , 1989. 5 6 7 8 9 Approved as to form and legal content: 10 11 7. 12 ty Attorney 13 March 30, 1989 Page 2 ~d~ -J ?;~ Evl n Wilc ,Mayor City of San Bernardino .. 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 0:; I~,c ,)7- .:>r A G R E E MEN T (Community Service Organization) THIS AGREEMENT is entered into effective as of July I, 1989, at San 8ernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Casa Ramona, Inc., a nonprofit community service organization, referred to as "Service Organization". City and Service Organization agree as follows: 1. Recitals. (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 inform senior citizens of the benefits and services available to them and to provide a center where they may meet to participate in recreation, educational and other programs. 2. Payment. City shall pay to Service Organization the total sum of ONE THOUSAND NINE HUNDRED NINETY-TWO DOLLARS ($1,992), for the term of this agreement, payable in twelve monthly installments of ONE HUNDRED SIXTY-SIX DOLLARS ($166) shall be paid on or before the 5th day of each month. 3. Term. This agreement shall cover the period from July I, 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 March 30, 1989 Page 3 Exhibit "A" 1 a.pproval 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. 4 5. Accounting. Prior to the final payment under this agreement, and 5 at such other times as may be requested by the City Administrator or Director 6 of Finance of City, the Service Organization shall submit to the City 7 Administrator, with a copy to the Director of Finance, an accounting of the 8 proposed and actual expenditures of all revenues accruing to the organization 9 for the fiscal year ending June 30, 1990. Quarterly reports shall be for- 10 warded for review by the DirectorofParks, Recreation and Community Services 11 Department. Quarterly Reports shall be compared with original budget 12 proposal. Financial records shall be maintained by Service Organization in 13 accordance with generally accepted accounting principles, in a manner which 14 permits City to trace the expenditures of the funds. All books and records 15 of Service Organization are to be kept open for inspection at any time during 16 the business day by the City or its officers or agents. 17 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. 22 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. 26 8. Application For Other Funding. No Service Organization will be 27 funded by the City for more than a total of three years. Service Organiza- 28 tion must apply for funds from other sources. Evidence of the application t1arch 30, 1989 Page 4 1 shall be made available to City prior to any consideration for further funds 2 for the next fiscal year. Receipt of any revenue from such other sources 3 during this fiscal year must be reported immediately to the Director of Parks, 4 Recreation and Community Services. 5 9. Temporary Withholding. The Director of Parks, Recreation and 6 Community Services, with the concurrence of the t1ayor 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 t1ayor 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 or receipt of funds paid under 15 this agreement, and all operations under this agreement. Payments under 16 this agreement are made with the understanding that the City is not involved 17 in 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 21 11. Standards. Service Organization agrees to comply with the provi- 22 sions 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 23 24 of City, a copy of which has previously been provided to Service Organization. 25 All 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 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 March 30, 1989 Page 5 20 21 22 23 24 25 26 27 28 1 ten days 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 7 Organization without the prior written consent of City. 8 15. Notices. All notices herein required shall be in writing and 9 delivered in person or sent by certified mail, postage prepaid, addressed 10 as follows: 11 As to City: City Administrator City Ha 11 300 North "0" Street San Bernardino, CA 92418 As to Service Organizations: Casa Ramona 1524 West 7th Street San Bernardino, CA 92410 12 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 \ " DA TED '-i/1 /1; If ~f 19 ATTEST: CITY OF SAN BERNARDINO ~~~0 "City C er By March 30, 1989 Page 6 1 2 3 4 5 Approved as to form and egal content: 6 /i/ 7 Attorney 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASA RAMONA, INC. BY~C;= ~~~ Title ~X:e~~ ~ March 30, 1989 Page 7 :c (/l :>> '" ~ ;;0 ,:>> -~ 0 0 ;;0 ~ (/l -I 0 ~ :z 0 ....... 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