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QOLUTION NO.
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. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH MERRI-MIXERS 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 Merri-Mixers
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 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 San 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
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OAGR[E~1E~O
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(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 Merri-~'ixers, a nonprofit cOlTl11unity
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 transportation for the ambulatory developmentally
disabled adult with growth promoting experiences designed to achieve
normalization and to develop each individuals capacity through community
interaction, development of motor skills and social awareness and
administration of the program.
2. Payment. City shall pay to Service Organization the total sum of two
thousand one hundred sixty dollars ($2,160), for the term of this agreement,
payable in twelve monthly installments of one hundred eighty dollars ($180).
110nthly 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 1(b) of this agreement
and in accordance with the budget submitted to the City. A variation in the
Exhibit "A"
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itemization of costs, <:)set forth in theC:)oposed budget, not to exceed c:.
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 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 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
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available to City prio<:)o any considerat<:) for further funds for the ne~
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.
g. 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 ayreement. 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 ".?ection_l. RecOlTmendations". 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
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written notice to Serve:) Organization an<:)his 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
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 paid, addressed
as follows:
City Administrator
City Hall
300 North "0" Street
San Bernardino, CA 92418
Joan Grizzell
3898 North Lugo
San Bernardino, CA 92404
DATED
ATTEST:
CITY OF SAN BERNARDINO
By
CitY-Clerk
Mayor
MERRI-MIXERS
By
Title
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