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HomeMy WebLinkAbout19-Parks and Rec o o o o 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ROLLING START, INC. RELATING TO FINANCIAL ASSISTANCE FOR FISCAL 3 YEAR 1987-1988. 4 BE IT RESOLVED BY THE i4AYOR AND COI~~N COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 8 9 10 11 12 13 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,l \ Inc. relating to financial assistance for Fiscal Year 1987-1988, a copy of which is attached hereto, marked Exhibit "A" and i~corporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the l1ayor and COl11l1on Council of the City of San Bernardi no at a meeting thereof, held on the day of 14 1987, by the following vote, to wit: AYES: Council Members 15 16 17 NAYS: 18 ABSENT: 19 20 21 City C1 erk 22 23 24 25 26 The foregoing resolution is hereby approved this day of , 1987. Mayor of the City of San 8ernardino 27 28 ;C(- legal content: 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ]9 20 21 22 23 24 25 26 27 28 o o o ~_@'.!l.II!1_i;.!l_1 (Community Service Organization) THIS AGREEMENT is entered into effective as of July 1, 1987, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Roll ing Start, Inc., a nonprofit community service organization, referred to as "Service Organization". City and Service Organization agree as follows: 1. Rec ita 1 s . -- (a) Service Organization has requested financial assistance from City for the Fiscal Year 1987-1988. (b) Service Organization represents that the expenditures authorized by this agreement are for a valid municipal public purpose. The purpose is to provide the following services to the deaf: a relay service, information and a referral service, with up-to-date information; training on use of T.D.D. and use of sign language. 2. Payment. City shall pay to Service Organization the total sum of five thousand five hundred twenty dollars ($5,520), for the term of this agreement, payable in twelve monthly installments of four hundred sixty dollars ($460). Monthly payment for the month of July shall be payable upon execution of this agreement, and all subsequent payments shall be paid on or before the 5th day of each succeeding month. 3. Term. This agreement shall cover the period from July 1, 1987 through June 30, 1988. 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 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 Exhibit "A" 7/29/87 0 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 o o o the Director of Parks, Recreation and Community Services of City is obtained. At the end of the term, all unexpended funds shall be returned 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 Administrator, 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, 1988. Financial records shall be maintained by Service Organization in accordance with generally accepten 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 aernardino. 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 regulation governing the services. 8. ~pplication for Other Fund~. 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 0 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 o o o this Fiscal Year must be reported immediately to the Director of Parks, Recreation and Community Services. 9. Temporary Withholding. The Director of Parks, Recreation and Community Services, with the concurrence of the Mayor and Common Council is authorized to temporarily withhold 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 damages arising or growing out of the use or receipt of funds paid under this agreement, and all oeprations under this agreement. Payments under this agreement are made with the understanding that the City is not involved in the performance of services or other activities of Service Organization. Service Organization and its employees and agents are independent contractors and not employees or agents of City. 11. Standards. Service Organization agrees to comply with the provisions 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 of City; a copy of which has previously been provided to Service Organization. A 11 references to Human Servi ces Department and/or Di rectol' are now referred to as "Parks, Recreation and Community Services Department and/or Director". 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 written notice to Service Organization and this agreement shall terminate ten days after the mailing of such notice. 0 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 o o o 13. Amendment. This agreement may be amended or modified only by written agreement signed by both parties and failure on the part of either party to enforce any provision of this afreement shall not be construed as a waiver of the right to compel enforcement of any provision or provisions. 14. Assignment. This agreement shall not be assigned by Service Organization without the prior written consent of City. 15. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: City Administrator City Hall 300 North "0" Street San Bernardino, CA 92418 Kathie Ambrosia Roll i ng Sta rt, Inc. 443 West 4th Street San Bernardino, CA 92401 DATED ATTEST: CITY OF SAN BERNARDINO By City Clerk r1ayo r ROLLING START, INC. By Title