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Home My WebLink About1989-142 -------,..-- I RESOLUTION NO. 89-142 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BOYS CLUB OF SAN BERNARDINO, 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 Boys Club of San Bernardino, 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 r~ayor and Common Council of the City of San Bernardino at a reaular meeting thereof, held on the 15th the following vote, to wit: day of Mav 1989, by AYES: Council Members Estrada, Flores. Maudslev. Minor. Pope-Ludlam NAYS: ABSENT: None Council Members Reilly. Miller ~.n'$~4t- Cit1 C1 erk (Continued) . 20 21 22 23 24 25 26 27 28 II i 1 RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BOYS CLUB OF SAN BERNARDINO, INC. RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1989-1990. 2 3 /1?L day of The foregoing resolution is hereby approved this 4 May , 1989. 5 6 7 8 9 Approved as to form and legal content: 10 11 J " ~;l.~ 1 Attorney 12 13 14 15 16 17 18 19 Page 2 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 Boys Club of San Bernardino, 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 authorized by this agreement are for a valid municipal public purpose. The purpose is to provide space for programs benefiting the youth of the community. 2. Payment. City shall pay to Service Organization the total sum of THREE THOUSAND NINE HUNDRED SEVENTY-TWO DOLLARS ($3,972), for the term of this agreement, payable in twelve monthly installments of THREE HUNDRED THIRTY-ONE DOLLARS ($331). 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 l(b) of this agreement and in accordance with the budget submitted to the City, a copy of which is attached hereto as Exhibit "1" 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 approval of the Director of Parks, Recreation and Community Services of city is obtained. At the end of the term, all unexpended funds shall be returned Exh i bit "A" 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 to City by Service Organization. 5. Accounting. Prior to the final payment under this agreement, and at such other times as may be requested by the City Administrator or Director of 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 actual expenditures of all revenues accruing to the organization for the fiscal year ending June 30, 1990. Quarterly reports shall be forwarded for review by the Director of Parks, Recreation and Community Services Department. Quarterly Reports shall be compared with original budget proposal. Financial records shall be maintained by Service Organization in accordance with generally accepted accounting principles, in a manner which permits City to trace the expenditures of the funds. All books and records of Service Organization are to be kept open for inspection at any time during the business day by the City or its officers or agents. 6. Services Available to Residents. The services of Service Organization shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied service because of race, color, creed, age, or sex. Service Organization shall have and comply with Affirmative Action guidelines in its employment practices. 7. Approval of City of any Charges. City reserves the right to require Service Organization to obtain the prior written approval of City of any charges or fees to be charged by Service Organization, and of any rules and regulations governing the services. 8. Application for Other Funding. No Service Organization will be funded by the City for more than a total of three years. Service Organization must apply for funds from other sources. Evidence of the application shall be made available to City prior to any consideration for further funds for the next fiscal year. Receipt of any revenue from such other sources during this 2 1 fiscal year must be reported immediately to the Director of Parks, Recreation 2 and Community Services. 3 9. Temporary Withholding. The Director of Parks, Recreation and 4 Community Services, with the concurrence of the Mayor and Common Council, is 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 7 agreement has occurred. Funds shall be withheld until the violation is 8 corrected to the satisfaction of the Director and Mayor and Common Council. 9 10. Hold Harmless. Service Organization agrees to indemnify and save 10 harmless the City and its employees and agents from all liabilities and charge 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. 18 11. Standards. Service Organization agrees to comply with the provisions 19 of "Section 1. Recommendations", of a portion of a report entitl ed "Report of 20 the Special Council Subcommittee for Social Service Funds" dated and adopted on 21 February 18, 1975, and on file in the Office of the City Clerk of City, a copy 22 of which has previously been provided to Service Organization. All references 23 to Human Services Department and/or Director are now referred to as "Parks, 24 Recreation and Community Services Department and/or Director". 25 12. Termination. City shall have the right to terminate this agreement 26 and any funding of Service Organization for any reason by mailing a ten day 27 written notice to Service Organization and this agreement shall terminate ten 28 days after the 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 follows: 10 As to city: City Administrator City Hall 300 North "0" Street San Bernardino, CA 92418 As to Service Organizations: Boys Club of San Bernardino, Inc. 1180 West 9th Street San Bernardino, CA 92411 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 DATED m/~/ IrP/ 18 19 ATTEST: CITY OF SAN BERNARDINO BY~ ll-~ Evlyn cox, ayor City of San Bernardino 20 ~~t?~~ 'City Clerk 21 22 23 BOYS CLUB OF SAN BERNARDINO, INC. ! 24 By\ Title 25 26 Approved as to form 27 and legal content: 28 4 p .' '" ~ 'l> ;0 -0 <:> ,,' <:> ;0 ~ ," -< 0 ~ ..::::: 0 V1 -<~ 'Q ~ ~r- ;0 C> ,.., ~ l> V1 r- VI ~ -I V1I <:> c: ,.., ,.., '" ,.., "" -< -< VI l> VI -. ....,.., ,.., <:> ,.., <:> rT ~ 0 11, Ill. m VI W >< .... ,., G"l n ~ - c: -I C! .... V1 < ;0 - fl1 m 0 0 0 - '" 0 0 0 0 :Il - III 11 =' ~ 0- V1 0 ::l '" W .... t'l l< III n r: rT .... < : III '" C ...... ..... CO 11 .po III 0 rT n .1 Q,I a.:~ u.);;o zoo -0." 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T' ::.. co ~I': L~ ..CJ rrlrJ ~-I ..--. ;0 -< lXI ,.., -< c: l> 0 -;0 G"l H -n ~ Cl :.!:V"l 0> -0 ~..... ~ ;0 0 {,::;;:l .., ...-:Jrrl 0 3: ;0 V1 3: :..>:: :> ,- :r> r- .:.....0:-::0 ~<:> -<~ -< 0 Vl ,., ;0 <: ~ (") ,.., VI ~ I-l tn t'l C n o 'tl t< r1 -n -n ;o,..,c;, mnc: <-to ........ G"l VI<,.., ....,..,-t ~o-< z:!'i~ om;o .. ., .. BUDGET JUSTIFICATION REVISED SALARIES & FRINGE Maintenance/Custodial Salary FICA, SUI, SOl 11.1% Workman's Compensation 5.19% HUMAN SERVICE/REVENUE SHARING REQUEST Amount paid by Boys , Girls Club .. 12,480 1,385 684 14,513 3,972 10,541 yr