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HomeMy WebLinkAbout21-Parks and Rec 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 c:> RESOLUTION<=>>. <:) RESOLUTION OF THE CITY OF SAN BERNAROINO.AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FRAZEE COMMUNITY CENTER RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1987-1988. 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 Frazee Community Center relating to financial assistance 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 that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of Sna Bernardino at a meeting thereof, held on the 1987, by the following vote, to wit: AYES: Council Members day of NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 1987. Mayor of the City of San Bernardino form and legal content: fl0, c:2/, . 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 ~Q~IaIJ:!I (Community Service Organization) THIS AGREEMENT ls entered itno effective as of July 1, 1987, at San o Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Frazee Community Center, 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 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 emergency assistance of food, clothing, medical and referrals to individuals in dire need. 2. Payment. City shall pay to Service Organization the total sum ~f FIVE THOUSAND ONE-HUNDRED DOLLARS ($5,100), for the term of this agreement, payable in twelve monthly installments of FOUR HUNDRED TWENTY-FIVE DOLLARS ($425). 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' the Director of Parks, Recreation and Community Services of City is obtained 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 At the end of the term~l unexpended fu~ shall be returned to City by c:. 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 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, Recreation and Community Services. 7/29/87 2 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 9. Temporary Wi4:)o1ding. The DirC:lor of Parks, Recreation and c:) Commun.ity 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 of 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 invol v.eo iin. 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. All 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 and this agreement shall terminate ten days after the mailing of such notice. 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 agreement shall not be construed as 7/29/87 3 . C 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 a waiver of the right<=> compel enforcemc:a of any provision or provisio~ 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 Frazee Community Center 1140 West Mill Street San Bernardino, CA 92410 DATED ^TTEST: CITY OF SAN BERNARDINO By City Clerk I,layor By Title content: 4 7/29/87