HomeMy WebLinkAbout20-Parks and Rec
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BER~ARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH BOYS CLUB OF SAN BERNARDINO, INC. RELATI~G TO FINANCIAL
ASSISTANCE FOR FISCAL YEAR 1987-1988.
BE IT RESOLVEO BY THE t~YOR AND COMMON COUNCIL OF THE CITY OF SAN
BER~ARDINO 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 assistnace for Fiscal Year 1987-1988
a copy of which is attached hereto, marked Exhibit "A" and incorporated herein
by reference as fully as though set forth at length.
I HEREBY CERTIFY t~at the foregoing resolution was duly adopted by the
~ayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
1987, by the following vote, to wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1987.
Mayor of the City of San Bernardino
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A G R E E MEN T
--_._-------
(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 Boys Club of San Bernardino, Inc.,
a nonprofit community service 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 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 space for programs benefiting the youth of t:'le community.
2. Payment. City shall pay to Service Organization the total sum of
eleven thousand nine hundred twenty eight dollars ($11,928), for the tenn of
this agreement, payable in twelve monthly installments of nine hundred ninety
four dollars ($994). 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 porposed budget, not to exceed
ten percent (10%), shall be allowed, provided the prior written approval of
the Director of Par'ks, Recreation and Community Services of City is obtained.
Exhibit "A"
7/')Q/R7
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At the end of the term, all unexpended funds shall be returned to City by
Service Organization.
5. Account~. 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
propsoed 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 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
regulation 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 Fiscal Year must be reported immediately to the Director of Parks,
.
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Recreation and Community Services.
g. Temporary Withholdi~. The Director of Parks, Recreation and
Community Services, with the concurrence of the ~1ayor 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 sati sfaction of the Di rector and Mayor and Common Council .
10. Hold Harmless. Service Organiztion 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 operations 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.
ill 1 references to Human Services Department and/or Director 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 anr. this agreement shall terminate
ten days after the mailing of such notice.
13. Amendment. This agreement may be amended or modified only by
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written agreement signed by both parties and failure on the part of either
party to enforce any provision of this agreement 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 "D" Street
San Bernardino, CA 92418
Boys Club of San Bernardino, Inc.
1180 West 9th Street
San Bernardino, CA 92411
DA TED
ATTEST:
CITY OF SAN BERNARDINO
By
City Clerk
t1ayor
BOYS CLUB OF SAN BERNARDINO
By
Title
APrlved as to
'.
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