HomeMy WebLinkAbout1988-352
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RESOLUTION NO. 88-352
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF THE AGREEMENT WITH THE SAN BERNARDINO COMMUNITY
AGAINST DRUGS RELATING TO FUNDING FOR THE FISCAL YEAR 1988-1989.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
4 OF SAN BERNARDINO AS FOLLOWS:
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relating to funding for the fiscal year 1988-1989, a copy of
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which is attached hereto, marked Exhibit nAn and incorporated
herein by reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
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':adopted by the Mayor and Common Council of the City of San
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Bernardino at a Reqular meeting thereof, held on the
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19th
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day of September
1988, by the following vote, to wit:
AYES:
Council Members Reilly, Flores, Maudsley
Minor. Pope-Ludlam, Miller
NAYS:
None
ABSENT:
"F:~Trada
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City Clerk
The foregoing resolution is hereby approved this 19th
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day of September
, 1988.
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Approved as to form and legal content:
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A g BEE ME!!. ~
(San Bernardino Community Against Drugs)
THIS AGREEMENT is made and entered into this 19th day of
Se tember
, 1988, between the CITY OF SAN BERNARDINO, a
unicipal corporation, referred to as "City," and THE SAN
ERNARDINO COMMUNITY AGAINST DRUGS, a nonprofit organization,
referred to as "Organization."
City and Organization agree as follows:
1. Recitals.
A. Organization has requested financial assistance
from City for the 1988-1989 fiscal year.
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B. Organization represents that the expenditures
authorized by this agreement are for a valid municipal public
purpose.
The purpose is to provide activities that will focus
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attention on and assist in the solution of substance abuse pro-
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blems by the young people of the community as well as parents and
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other adults.
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2. PaYment. City shall pay to Organization the total sum
18 of FORTY-FOUR THOUSAND FIVE HUNDRED DOLLARS ($44,500.00) for the
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term of this agreement, payable in eleven installments of THREE
20 THOUSAND SEVEN HUNDRED EIGHT DOLLARS AND THIRTY-THREE CENTS
21 ($3,708.33), and one final installment of THREE THOUSAND SEVEN
~2 HUNDRED EIGHT DOLLARS AND THIRTY-SEVEN CENTS ($3,708.37). The
23 payments shall be made by the tenth of each month.
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3. Term. This agreement shall commence July 1, 1988, and
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terminate June 30, 1989.
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4.
Use of Funds.
The funds paid to organization shall be
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agreement, and at such other times as may be requested by the
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City Administrator or Director of Finance of City, Organization
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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, 1989.
Financial records shall be
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maintained by Organization in accordance with generally accepted
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the expenditures of the funds. All books and records of Organi-
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zation are to be kept open for inspection at any time during the
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business day by the City or its officers or agents.
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requested by the City Administrator, organization shall submit to
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the City Administrator an activity report. This report shall
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6.
Reports.
Quarterly, and at such other times as may be
indicate what programs and/or activities have been supported by
18 City funds. Where possible, the number of individuals impacted
19 or using the services should be appropriately noted. Equipment
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or materials purchased with City funds should have justifications
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~2 submitted on an annual basis in concurrence with the financial
23 accounting report for the fiscal year.
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7. Temporarv Withholding. The City Administrator, with the
25 concurrence of the Mayor and Common Council, is authorized to
26 temporarily withhold or terminate the payment of funds to Organi-
~7 zation when the City Administrator determines that any violation
~8' of the agreement has occurred. Funds shall be withheld until the
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appointive boards, commissions, officers, agents and employees,
22 from claims for damages for personal injury, including death, as
23 well as from cla1'ms for t d h' h · f
proper Y amage w 1C may ar1se rom
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Organization's or its agents' operations hereunder, whether such
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,or indirectly employed by either Organization of its agents, and
27 ~he amounts of such insurance shall be as follows:
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(a)
Public Liability Insurance.
In an amount
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iolation is corrected to the satisfaction of the City Adminis-
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rator and Mayor and Common Council.
8. Services Available to Residents. The services of
rganization shall be made available to residents and inhabitants
f the City of San Bernardino.
No person shall be denied service
race, color, creed, or sex. Organization shall have
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'I nd comply with Affirmation Action guidelines in its employment
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ractices.
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Hold Harmless.
Organization agrees to indemnify and
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ave harmless the City and its employees and agents from all
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liabilities and charges, expenses (including counsel fees), suits
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or losses however occurring, or damages arising or growing out of
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he use of receipt of funds paid un~er this agreement, and all
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operations under this agreement. Payments under this agreement
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are made with the understanding that the city is not involved in
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the performance of services or other activities of Organization.
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Organization and its employees and agents are independent
contractors and not employees or agents of City.
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during the life of this Agreement such public liability and
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Insurance.
Organization shall take out and maintain
property damage insurance as shall insure City, its elective and
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not less than $500,000.00
for injuries, including, but not
limited to, death, to anyone person and, subject to the same
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limit for each person, in an amount not less than $500,000.00 on
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account of anyone occurrence;
(b) Property Damage Insurance. In an amount of
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not less than $50,000 for damage to the property of each person
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on account of anyone occurrence.
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11. Termination for Cause. City reserves the right to
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terminate this agreement and any and all grants and future pay-
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es agree that the continuation of the project would not produce
eneficial results commensurate with further expenditure of
In such event, the parties shall agree upon the termina-
ion conditions, including the effective date and, in the case of
artial terminations, the portion to be terminated. Organization
hall not incur new obligations for the terminated portion after
he effective date and shall cancel as many outstanding
bligations as possible. City shall allow organization full
redit for the City's share of the non-cancellable obligations
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roperly
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13' City.
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incurred by Organization prior to termination.
Assiqnment. Organization shall not assign its
in this agreement without the prior written approval of
Notices. All notices relating to this agreement shall
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be in writing and delivered in person or sent by certified mail,
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postage prepaid, addressed as follows:
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23 Dated: P-dc; -J>cY
City Administrator
City of San Bernardino
300 North "0" street
San Bernardino, CA 92418
Jerilyn Simpson, Director
The San Bernardino Community
Against Drugs, Inc.
234 N. Arrowhead Avenue
San Bernardino, CA 92408
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i i ATTEST:
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BY
City Clerk
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A~REEmENT: SAN BERNARDINO COMMUNITY AGAINST DRUGS
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THE SAN BERNARDINO COMMUNITY
AGAINST DRUGS, INC.
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to form and legal content: