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HomeMy WebLinkAbout1989-377 . II J""' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . 1 RESOLUT I ON NO. 89-377 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BOYS AND GIRLS CLUB OF SAN BERNARDINO RELATING TO FINANCIAL 3 ASSISTANCE FOR THE CRACKDOWN ANTI-GANG AND ANTI-DRUG ABUSE DIVERSION PROGRAM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. The Mayor bf the City of San Bernardino is hereby authorized 6 and directed to execute on behalf of said City an agreement with Boys and 7 Girls Club of San Bernardino relating to financial assistance for the Crack- 8 down Program, a copy of which is attached hereto, marked Exhibit "A" and 9 incorporated herein by reference as fully as though set forth at length. SECTION 1. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both oarties 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 Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 18th day of September 1989, by the following vote, to wit: AYES: Council Members Estrada, Reill v, Pope-Ludlam,~1i.ller NAYS: Flores, Maudslev. Hinor ABSENT: None ~~ C i t1 1 erk 8/17/89 Page 1 20 21 22 23 24 25 26 27 28 1 RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BOYS AND GIRLS CLUB OF SAN BERNARDINO RELATING TO FINANCIAL 2 ASSISTANCE FOR THE CRACKDOWN ANTI-GANG AND ANTI-DRUG ABUSE DIVERSION PROGRAM. 3 The foregoi ng reso 1 uti on is hereby approved thi s .rJ;::~$?/( _ day of 4 \jj~ ;7~-t~ /."l{-L-~ ,/ , 1989. 5 6 7 8 9 Approved as to form and legal content: 10 f\ 11 /) l /~/'~-'? t I e~-4.,-,_ ,Qifty Attorney r f 12 / / t\."~'~l/l 13 14 15 16 17 18 19 8/16/89 Page 2 .. '. 10 1 AGREEMENT 2 (Community Service Organization) 3 THIS AGREEMENT is entered into as of this August 7, 1989, 4 at San Bernardino, California, between the City of San 5 Bernardino, a municipal corporation, referred to as "City", and 6 Boys and Girls Club of San Bernardino, a nonprofit community 7 service organization, referred to as "Service Organization". 8 City and Service Organization agree as follows: 9 1. Recitals. (a) Service Organization has requested financial 11 assistance from: 12 City for the Crackdown Anti-Gang and Anti-Drug Abuse Diversion 13 Program. 14 (b) Service Organization represents that the 15 expenditures authorized by this agreement are for a valid 16 municipal public purpose. The purpose is to provide an ongoing 18 performances depicting the harmful consequences and effects of 17 anti-gang and anti-drug abuse diversion program to include stage 19 gang and drug activities, alternatives to such activities and 20 counseling and referral services as needed to assist youth and 21 adults in getting out of that kind of activity and to discourage 23 22 others from joining such activities. 2. City shall pay to Service Organization the Payment. 24 total sum of TEN THOUSAND DOLLARS ($10,000), for the term of this 25 agreement. Payments will be made upon request provided the 26 proper support material accompanies the request for payment. 28 27 Support material for payment must include the items listed on DAB/ses September 5, 1989 1 1 "Support Materials for Payment Requests," attached hereto as 2 Exhibit 2 and by this reference made a part hereof. 3 3. Term. This agreement shall cover the period from 4 August 7, 1989 through December 7, 1989. 5 4. Use of Funds. The funds paid to Service Organization 6 shall be used by it solely for the purpose set forth in Paragraph 7 1 (b) of this agreement and in accordance wi th the budget 8 submitted to the City, a copy of which is attached hereto as 9 Exhibit "1" and by this reference made a part hereof. Prior to 10 final payment under this agreement, Service Organization shall 11 present items in support of advanced monies as listed on the 12 attached "Support Material for Payment Request." All 13 expenditures must be supported and described in a manner that 14 will indicate that the funds have been used solely for the 15 purpose set forth in this agreement. Such funds shall not be 16 used to promote or endorse any particular religious faith or 18 17 organization or religion in general or to proselytize for any religious faith or organization. At the end of the term, all 19 unexpended funds shall be returned to City by Service 21 20 Organization. 5. Prior to the final payment under this 22 agreement, and at such other times as may be requested by the Accounting. 23 City Administrator or Director of Finance of City, the Service 24 Organization shall submit to the City Administrator, with a copy 25 to the Director of Finance, an accounting of the proposed and 26 actual expenditures of all revenues accruing to the organization 27 28 for the fiscal year ending June 30, 1990. Financial records DAB/ses September 5, 1989 2 1 shall be maintained by service Organization in accordance with 2 generally accepted accounting principles, in a manner which 3 permits City to trace the expenditures of the funds. All books 4 and records of Service Organization are kept open for inspection 5 at any time during the business day by the City or its officers 6 or agents. 7 6. Services Available to Residents. The services of 8 Service Organization shall be made available to residents and 9 inhabitants of the City of San Bernardino. No person shall be 10 denied service because of race, color, creed, age, or sex. 11 Service Organization shall have and comply with Affirmative 12 Action guidelines in its employment practices. 13 7. Approval of City of any Charges. City reserves the 14 right to require Service Organization to obtain the prior written 15 approval of City of any charges or fees to be charged by Service 16 Organization, and of any rules and regulations governing the 17 services. 18 8. 19 Organization will be funded by the City for more than a total of Application for Other Funding. 20 21 No Service three years. Service Organization must apply for funds from other sources. Evidence of the application shall be made 22 available to City prior to any consideration for further funds 23 for the next fiscal year. Receipt of any revenue from such other 24 sources during this fiscal year must be reported immediately to 25 the Director of Parks, Recreation and Community Services. 26 9. Temporary Withholding. The Director of Parks, 27 Recreation and Community Services, with the concurrence of the 28 DAB/ses September 5, 1989 3 . \ 1 Mayor and Common Council, is authorized to temporarily withhold 2 or to terminate the payment of funds to Service Organization when 3 the Director determines that any violation of the agreement has 4 occurred. Funds shall be withheld until the violation is 5 corrected to the satisfaction of the Director and Mayor and 6 Common Council. 7 10. Hold Harmless. Service Organization agrees to 8 indemnify and save harmless the City and its employees and agents 9 from all liabilities and charges, expenses (including counsel 10 fees), suits or losses, however occurring, or damages arising or 11 growing out of the use or receipt of funds paid under this 12 agreement, and all operations under this agreement. Payments 13 under this agreement are made with the understanding that the 14 City is not involved in the performance of services or other 16 employees and agents are independent contractors and not 15 activities of Service Organization. Service Organization and its 18 17 employees or agents of City. 11. Standards. Service Organization agrees to comply with 19 the provisions of "Section 1. Recommendations", of a portion of 20 a report entitled "Report of the Special Council Subcommittee for 21 Social Service Funds" dated and adopted on February 18, 1975, and 23 22 on file in the Office of the City Clerk of City, a copy of which 24 references to Human Services Department and/or Director are now has previously been provided to Service Organization. All 25 referred to as "Parks, Recreation and Community Services 26 Department and/or Director". 27 28 12. Termination. City shall have the right to terminate DAB/ses September 5, 1989 4 . . . 17 18 19 20 21 22 23 24 25 26 27 28 1 this agreement and any funding of Service Organization for any 2 reason by mailing a ten day written notice to Service 3 Organization and this agreement shall terminate ten days after 4 the mailing of such notice. 5 13. Amendment. This agreement may be amended or modified 6 only by written agreement signed by both parties and failure on 7 the part of either party to enforce any provision of this 8 agreement shall not be construed as a waiver of the right to 9 compel enforcement of any provision or provisions. 10 14. Assignment. This agreement shall not be assigned by 11 Service Organization without the prior written consent of City. 12 15. Notices. All notices herein required shall be in 13 writing and delivered in person or sent by certified mail, 14 postage prepaid, addressed as follows: 15 As to City: As to Service Organization: 16 City Administrator City Hall 300 North "0" Street San Bernardino, CA 92418 Boys and Girls Club of San Bernardino 1180 W. 9th Street San Bernardino, CA 92411 16. Entire Agreement. This agreement represents the entire agreement / / / / / / / / / / / / / / / / / / / / / between the parties hereto and any amendments DAB/ses September 5, 1989 5 . ., . , 'RE: EXECUTION OF AGREEMENT WITH BOYS .AND GIRLS CLUB OF SAN BERNARDINO RELATIKG TO FINANCIAL ASSISTANCE FOR THE CRACKDOWN ANTI-GANG AND ANTI-DRUG ABUSE DIVERSION PROGRAM. 1 and/or addendums shall be made in writing between the parties and 2 attached to the agreement. City of San Bernardi~~~ ~:// ..-~1 . . ./~.... /'cJ/' ../,.,~ ///.' '0' /. . - .../.... . ./,;7 /' ../ /..,/ y/ ./ '1/'/ / ..' // 'nI~ ./ / v / /.r _..................-.,.. /' ~ ;; "f'//'-~' .,- - ~ ./ W . IU 1 P' , M~yor Ci ty of '-Sat\.. Bernardino BOYS AND GIRLS OF SAN BERNARDINO ". 3 4 DATED ~llI1/?q 14 Ti 5 6 : AT'flES'l': I I i ~~~ . ity Clerk 7 8 9 10 11 12 13 15 Approved as to form and James F. Penman 16 City Attorney 17 18 BY~ ?/~ 19 20 21 22 23 24 25 26 27 28 DAB/ses September 5, 1989 6 ~"': . .. " ~~~no~~OO~~~~E~~~~a~~ C~~~ cm~~O~~m>>~ ~ ~ ~O>z~~~~~~~~ ~m ~<~z~~>~~~zmC nm~ c+tD,."~,.,,n~("')("')>-t-o~ ....v. ~~~~~~m,.,,~~ m ~ n~ ~Om~~ mz ~~ om ~~z~ m 0 no ~v. ~~~~~~ ~I ~+ ....,C):z~ 5: -em ~ 8~-t~?:~ ~ c ~;: ~z z~ \V ~ ~ m- -t ti ~ -0 Z I~ Ri ~ ~ · ~ 'C (I)" m ".~ ~ ~ -0 m ~ o z ...... ~ ~ ~ ..... c ", Z (I) ..... G') ~ .... C ~ m ~ o ..... .... ~ o d~ ~CIt (I) :c m ~ . Z o rt CD en PI ...... ~ Ii ... (0 en -4 (/) 0 a rt CD -- > 0 ::s (I) .I I . I z en ..,.. m f-' .~ !!! 0 I IV. 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Cancelled checks for with purpose of celebrities. all stipends expenditures, and gratuities i.e. actors, b. Summary of equipment costs with invoices showing name of vendor, amounts, date of use of equipment, place of use (performance location). c. Summary of Support Staff costs including employee name, Job title, hours worked, dates, amount of fringe benefits, work performed. d. List all sources of funds including other grants for the above expenditures. Include amounts, sources, purposes and dates received. e. certification that final payments have been made on all expenditures and that no other reimbursement has been or will be received for which payment is requested. f_MI8IT 1