Loading...
HomeMy WebLinkAbout1989-140 II II j' 1 Ii I 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 RESOLUTI ON NO. 89-140 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 (FOOD & MEDICAL PROGRAM). 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 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 regular meeting thereof, held on the 15th by the following vote, to wit: day of May 1989, AYES: Council Members Flores, Maudsley, Minor, Pope-Ludlam NAYS: ABSENT: None Council Member Reilly, Miller ABSTAIN: Council Member Estrada ~4-rZ17~d.b / Clty C erk March 30, 1989 Page 1 i ii ;1 2 1 'I II 3 jl II 'I 4 II 5 II 6 I 11 RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CAS A RAMONA, INC. RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1989-1990 (FOOD & MEDICAL PROGRAM). The foregoing resolution is hereby approved this IJ?~~ day of , 1989. May ~..J/}~ yn Wi co~ Mayor City of San Bernardino 7 8 Approved as to form I and legal content: I 9 I 11 I, 10 'I il 11 Ii 12 I 13 14 Ii i 15 16 17 18 19 20 21 22 23 24 25 26 27 28 March 30, 1989 Page 2 10 11 12 13 14 15 16 II , ! 1 A G R E E MEN T 2 (Community Service Organization) THIS AGREEMENT is entered into effective as of July I, 1989, at San 3 4 Bernardino, California, between the City of San Bernardino, a municipal 5 corporation, referred to as "City", and Casa Ramona, Inc., a nonprofit com- 6 munity service organization, referred to as "Service Organization". 7 City and Service Organization agree as follows: 1. Recitals. 8 9 (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 operate and maintain an emergency food and medical program. 2. Payment. City shall pay to Service Organization the total sum of ONE THOUSAND NINE HUNDRED EIGHT DOLLARS ($1,908), for the term of this agree- ment, payable in twelve monthly installments of ONE HUNDRED FIFTY-NINE DOLLARS 17 ($159). Monthly payments shall be paid on or before the 5th day of each month. 18 19 20 3. Term. This agreement shall cover the period from July I, 1989 through June 3D, 1990. 4. Use of Funds. The funds paid to Service Organization shall be used 21 by it solely for the purpose set forth in Paragraph 1 (b) of thi s agreement 22 and in accordance with the budget submitted to the City, a copy of which 23 is attached hereto as Exhibit "In and by this reference made a part hereof. 24 A variation in the itemization of costs, as set forth in the proposed 25 budget, not to exceed ten percent (10%), shall be allowed, provided 26 the prior written approval of the Director of Parks, Recreation and 27 28 t~arch 30, 1989 Page 3 Exhibit "A" 1 Community Services of City is obtained. At the end of the term, all unex- 2 pended funds shall be returned 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 of Finance of City, the Service Organization shall submit to the City 6 Administrator, with a copy to the Director of Finance, an accounting of the 7 proposed and actual expenditures of all revenues accruing to the organization 8 for the fiscal year ending June 30, 1090. Quarterly reports shall be for- 9 warded for review by the Director of Parks, Recreation and Community Services 10 Department. Quarterly reports shall be compared with original budget proposal. 11 Financial records shall be maintained by Service Organization in accordance 12 with generally accepted accounting principles, in a manner which permits City 13 to trace the expenditures of the funds. All books and records of Service 14 Organization are to be kept open for inspection at any time during the business 15 day by the 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. ~lication for Other Funding. No Serv'ice 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 be 28 made available to City prior to any consideration for further funds for the March 30, 1989 Page ~ 1 next fiscal year. Receipt. of any revenue from such other sources during this 2 fiscal year must be reported immediately to the Director of Parks, Recreation 3 and Community Services. 4 9. Temporary Withholding. The Director of Parks, Recreation and Com- 5 munity Services, with the concurrence of the Mayor and Common Council, is 6 authorized to temporarily withhold or to terminate the payment of funds to , 7 Service Organization when the Director determines that any violation of the 8 agreement has occurred. Funds shall be withheld until the violation is 9 corrected to the satisfaction of the Director and Mayor and Common Council. 10 10. Hold Harmless. Service Organization agrees to indemnify and save 11 harmless the City and its employees and agents from all liabilities and charges 12 expenses (including counsel fees), suits or losses, however occurring, or 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 15 agreement 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 18 not employees or agents of City. 19 11. Standards. Service Organization agrees to comply with the provisions 20 of "Section I. Recommendations", of a portion of a report entitled "Report 21 of the Special Council Subcommittee for Social Service Funds" dated and adopt- 22 ed on February 18, 1975, and on file in the Office of the City Clerk, a copy 23 of which has previously been provided to Service Organization. All references 24 to Human Services Department and/or Director are now referred to as "Parks, 25 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 March 30, 1989 Page 5 I' 1 .1 days after the mail ing 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 a 5 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 as 10 follows: 13 As to City: City Administrator City Hall 300 North "0" Street San Bernardino, CA 92418 As to Service Organization: Casa Ramona, Inc. 1524 West 7th Street San Bernardino, CA 92410 11 12 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 DATED ~J1/~/fjf 19 20 21 ATTEST: CITY OF SAN BERNARDINO " ~,?Llj City of San Bernardino 22 23 24 ~~~~ "City Clerk 25 26 27 28 March 30, 1989 Page 6 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 II CAS A RAMONA, INC. .~ /~ By~ ~ ~.----6 - :') Title 6';>cEi!'ftd;::;:. .dJ~uek Approved as to form and le al content: 7- y Attorney March 30, 1989 Page 7 n co ::c VI > I"T1 ;0 )> -0 C1 I"T1 C1 ;0 - VI -I 0 - :z 0 ...... VI -I :z -0 - 0)> ;0 C> -I r I"T1 :z )> VI )> r VI - -I VI ::c C1 CO I"T1 I"T1 ;0 I"T1 :z I"T1 -I -I VI )> VI :z '" I"T1 ". I"T1 >< 1.J10 ..., n 000 0 '" 0' 0 Z 0 ". 0 0 0 ... '" 0 00 0 0 ... I\.) - 0 0 0 0 0 I"T1 Vl X ...... I"T1 C> n :z c )> ... -I -I ...... c < ;0 I"T1 I"T1 0 ." ." ...... n I"T1 ;0 ... t'l C/l >-c1 t'l '" ... t'l C/l >-c1 '" '" 0 ". 00 0 ". 0 0 .... 0'1 ...... ~ ~~~n~~oo~~~~~~~~3~~ c~~~ocm~~o~~m>prpo~~ ~~O~Z~~~~~_r~~~~x~zr ~.<~z~~~__~zmC~ nm~~> ~m~~mn_nn~~~~N ~~ N ~~~~~~mm~-Im' ~ n_ ~Om-~ mZ ~ -~ Om -NZ~ m ~Z m nOm~~ o~n~~oc m ~ _~ rt zpm- c m ~z~,+ ~~~03- N ~m>~ ;~~-1~~~~ ~~:~ mnz m~ O~~~ IVI~:z ~ ~( ~ ~ ~ ~ I ;! . ~ :.. 0 ~ I.J1 00 I I\.) 0' 0' 00 I.J1 ~ I.J1 I.J1 -..J 0 -"' 0 0 . . . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ I\.) w '" I\.) -"' w W -..J -"' I\.) W I.J1 I.J1 00 ~ 0 I\.) I.J1 I\.) . . . . . . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ - O~ W ~ I\.) 0' ~ W '" -"' I\.) -..J I.J1 -..J a- 0 I\.) I.J1 00 . . . . 0 00 0 0 0 0 0 0 00 0 0 0 0 0 00 0' I I I\.) I\.) -..J WO 0 0 0 I.J1 W. I 0 0 . . 0 0 0 0 0 0 0 0 I"T1 r <:> :z x - ;0 )> -0 VI' '" .~ I"T1 -I :;:: I"T1 :z C1 )> 0 r N ." -I r )> c -I -0 ;0 ;0 - ;0 I"T1 I"T1 0 0 VI < 2 '" I"T1 - ;0 2 )> co )> 3: I"T1 C1 C1 ;0 ;0 I"T1 I"T1 n Vl I"T1 VI ...... < QO I"T1 C1 -I t'l I"T1 :s: 0 r t'l ;0 I"T1 '" -0 -0 C1 '" ;0 )> ::c cO :z 0 t'l 0-0 -I 2 Z C>O - I"T1 n I"T1 Vl n >< -I1"T1 ...... n 0 -0 ". )> C/l 'T] -I ". 0 I"T1 0 C1 '" 0 ." ". :s: ". 0 0 ;0 z Z ". 0 -0 -0 )> 3: ;0 :s: ;0 On 0 H t'l ^ 2...... C> Z Vl --I ;0 n 0 I"T1 -< )> H Vl 3: n ;0 ". I"T1n I.J1 ~ n...... I\.) ;0 -I )> -"' '" 1"T1-< C )> Vl :E 0 -10 ...... C> ......." C> I"T1 0 :z -..J -I :z Vl 3)> I"T1 >-c1 )> O' 0 :I: -0 QO 2 2C- ;0 ....... C/l 0 nc:::> 1"T1::E: ;0 >-c1 -0 01"T1 Vl . I"T1 '" 0 3:;0 < t'l Vl 3: :z ...... t'l > c)> Vl >-c1 r 2 ;0 I"T1 ......0 0 -1- C/l -< 2 ." ". 0 0 z Vl 3:n ;0 I"T1 00 3: to ;0 2 C t'l < ...... 2 ...... '" ...... 1"T1-1 Vl Z n Vl -< ". I"T1 ;0 '" Vl I"T1 0 .0 H C Z ...... 0 ;0 I"T1 3: ." C1 n 01"T1 ". 2 0 ." ......1"T1 0 ~~ ;0 '" I\.) r )> -"' r r I"T1 ." n ." ::c ;0 I"T1 c:::> 0 )> -..J I"T1 n c:: -I 2 ~ <-10 ::c C> -"' ............ <n I"T1 I"T1 Vl<m ;0 Vl 00 ......1"T1-1 0 00 20-< '" )>m I 2-1)> 0 OI"T1::O 0 ~ "'." - c.... cc 0 C 02 '" ~ <no H >< '" ...,..., C1 00 -10 H '" Z I ". '" ~ 0 '" 00 '"