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HomeMy WebLinkAbout1987-274 I I[ I. Ii Ii I! I' 1 Ii r 2 II It II 3 ,j II 4 II 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 87-274 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CAS A RAMONA, INC. RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR 1987-1988 (SENIOR CITIZENS PROGRAM). 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 Casa Ramona, Inc. relating to financial assistance for fiscal year 1987-1988, a copy of which is attached hereto, marked Exh-ibit "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 San Bernardino at a r equ .lar meet i ng thereof, held on the 17 th day of }\'ugu s t 1987, by the following vote, to wit: AYES: Counci 1 ~1embers Reilly, Flores, Mau~sley, Hinor, I1 iller NAYS: None ABSENT: CouncilTlfl.emrers Pst.rada I I'ope-Iunlam ~ / City C erk The foregoing resolution is hereby approved this , " /j/I1.. day 0 f ]\u g u s t , 1987. Appr~ved as to form and legal content: "7 ; ->rc$1)~ -1, v' .40~ /C'l"'Y Attorney J 'J 7/29/87 A G R E E MEN T 2 (Community Service Organization) 3 THIS AGREEMENT is entered into effective as of July 1, 1987, at San 4 Bernardino, California, between the City of San Bernardino, a municipal 5 corporation, referred to as "City", and CASA RAMONA, INC., a nonprofit 6 community service organization, referred to as "Service Organlzation". 7 City and Service Organization agree as follows: 8 1. Recitals. 9 (a) Service Organizatior. has requested financial assistance from 10 City for the fiscal year 1987-1988. 11 (b) Service Organization represents that the expenditures authorized by this agreement are for a valid municipal public purpose. 12 13 The purpose is to inform senior citizens of the benefits and services 14 available to them and to provide a center where they may meet to participate 15 in recreation, educational and other programs. 16 2. Payment. City shall pay to Service Organization the total sum of 17 FIVE THOUSAND NINE HUNDRED SEVENTY -S I X DOLLARS ($5, 97.~), for the term of this agreement, payable in twelve monthly installments of FOUR HUNDRED 18 19 NINETY-EIGHT DOLLARS ($498). Monthly payment for the month of July shall 20 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, 21 22 23 through June 30, 1988. 24 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 25 26 and in accordance with the budget submitted to the City. A variation in 27 the itemization of costs, as set forth. in the proposed budget, not to exceed 28 ten percent (10%), shall be allowed, provided the prior written approval of Exhibit "A" 7/29/87 "T----- ~ 11 i' I' Ii 1 1 The Director of Parks, Recreation and Community Services of City is obtained. 2 At the end of the term, all unexpended funds shall be returned to City by 3 Service Organization. 4 5. Accounting. Prior to the final payment under this agreement, and 5 at such other times as may be requested by the City Administrator or Director 6 of Finance of City, the Service Organization shall submit to the City 7 Administrator, with a copy to the Director of Finance, ,an accounting of the - 8 proposed and actual expenditures of all revenues accruing to the organization 9 for the fiscal year ending June 30, 1988. Financial records shall be 10 maintained by Service Organization in accordance with generally accepted 11 accounting principles, in a manner which permits City to trace the expenditures 12 of the funds. All books and records of Service Organization are to be kept 13 open for inspection at any time during the business day by the City or its 14 officers or agents. 15 6. Services Available to Residents. The services of Service Organization 16 shall be made available to residents and inhabitants of the City of San 17 Bernardino. No person shall be denied service becaus~ of race, color, creed, 18 age, or sex. Service Organization shall have and comply with Affirmative 19 Action guidelines in its employment practices. 20 7. Approval of City of any Charges. City reserves the right to require 21 Service Organization to obtain the prior written approval of City of any 22 charges or fees to be charged by Service Organization, and of any rules and 23 regulation governing the services. 24 8. Application for Other Funding. No Service Organization will be funded 25 by the City for more than a total of three years. Service Organization must 26 apply for funds from other sources. Evidence of the application shall be 27 made available to City prior to any consideration for further funds for the 28 next fiscal year. Receipt of any revenue from such other sources during 2 7/29/87 If 1 this fiscal year must be reported immediately to the Director of Parks, 2 Recreation and Community Services. 3 9. Temporary Withholding. The Director of Parks, Recreation and 4 Community Services, with the concurrence of the Mayor and Common Council, 5 is authorized to temporarily withhold to terminate the payment of funds to 6 Service Organization when the Director determines that any violation of the 7 agreement has occurred. Funds shall be withheld until the violation is 8 corrected to the satisfaction of the Director and Mayor and Common Council. 9 10. Hold Harmless. Service Organization agrees to indemnify and save 10 harmless the City and its employees and agents from all liabilities and 11 charges, expenses (including counsel fees), suits or losses, however 12 occurring, or damages arising or growing out of the use or receipt of funds 13 paid under this agreement, and all operations under this agreement. Payments 14 under this agreement are made with the understanding that the City is not 15 involved in the performance of services or other activities of Service 16 Organization. Service Organization and its employees and agents are 17 independent contractors and not emp 1 oyees or agents of. City. 18 11. Standards. Service Organization agrees to comply with the 19 provisions of "Section 1. Recommendations", of a portion of a report entitled 20 "Report of the Special Council Subcommittee for Social Service Funds" dated 21 and adopted on February 18, 1975, and on file in the Office of the City Clerk 22 of City, a copy of which has previously been provided to Service Organization. 23 All references to Human Services Department and/or Director are now referred 24 to as "Parks, Recreation and Community Services Department and/or Director". 25 12. Termination. City shall have the right to terminate this agreement 26 and any funding of Service Organization for any reason by mailing a ten day 27 written notice to Service Organization and this agreement shall terminate 28 ten days after the mailing of such notice. 3 7/29/87 ~ -ll i: Ii 1 Ii ;,: II' 2 :1 I I I 3 I 4 I I 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 prepaid, addressed as follows: City Administrator City Hall 300 North "0" Street San Be~:;r;no, C~4 924~: OA TED '-><,-1!}(d:,~ c;/ , '''';' / Casa Ramona 1524 West 7th Street San Bernardino, CA 92410 ATTEST: A: /;,,' " :.Pr/// . ?v.? /<",;i:~A;./, .;V>"$ .i~h~," '.',>'1 '!.-f~A.r~~.z:::: -City Clerk CITY OF S;~;aNARDINO " >>, , ~7 /:- ~/_~~y/ By /6C:::X c.>- '. / . . / e,/.: '/ Mayor~o 10'N(.eY / / ~~~~ Title ~- ~ ~~~~7~ ~- APpT\ved as t~ fo..r~,and legal '~ LJzr~ \ ~ - 'I CJ)J1 Attorney v 1/ / content: 4 7/29/87