HomeMy WebLinkAbout1987-276
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I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
I AGREEMENT WITH ROLLING START, INC. RELATING TO FINANCIAL ASSISTANCE FOR FISCAL
YEAR 1987-1988.
I BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
RESOLUTION NO.
8 7 - 2 7 .6
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6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized
7 and directed to execute on behalf of said City an agreement with Rolling Start,
8 Inc. relating to financial assistance for Fiscal Year 1987-1988, a copy of
9 \^/hich is attached hereto, marked Exhibit "A" and incorporated herein by
10 reference as fully as though set forth at length.
11 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
12 Mayor and Common Council of the City of San Bernardino at a
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regular
August
17th
meeting thereof, held on the
day of
14 1987, by the following vote, to wit:
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AYES:
Reilly, Flores, Maudsley, Minor,
Council Members
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Miller
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NAYS:
None
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ABSENT:
Council Members Fstrada, Pope-Judlam
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A~~~~
1 Y l-Ier
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22 The foregoing resolution is hereby approved this /<J7~~ _ day of
23 August, 1987.
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APpre'Yed as to form ~d 1 ega 1 content:
IW' A~-
!J Attorney
7/29/87
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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 IICityll, and Roll ing Start, Inc., a nonprofit
6 community service organization, referred to as IIService Organizationll.
7 City and Service Organization agree as follows:
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1. Recitals.
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(a) Service Organization has requested financial assistance from
10 City for the Fiscal Year 1987-1988.
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(b) Service Organization represents that the expenditures
12 authorized by this agreement are for a valid municipal public purpose. The
13 purpose is to provide the following services to the deaf: a relay service,
14 information and a referral service, with up-to-date information; training on
15 use of T.D.D. and use of sign language.
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2. ?ayment. City shall pay to Service Ot~gnrization the total sum of
17 five thousand five hundred twenty dollars ($5,520), f~r the term of this
18 agreement, payable in twelve monthly installments of four hundred sixty
19 dollars ($460). Monthly payment for the month of July shall be payable upon
20 execution of this agreement, and all subsequent payments shall be paid on
21 or before the 5th day of each succeeding month.
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3. Term. This agreement shall cover the period from July 1, 1987
23 through June 30, 1988.
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4. Use of Funds. The funds paid to Service Organization shall be used
25 by it solely for the purpose set forth in Paragraph l(b) of this agreement
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 (lO%)~ shall be allowed, provided the prior written approval of
Exhibit IIAII
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1 the Director of Parks, Recreation and Community Services of City is obtained.
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2 At the end of the term, all unexpended funds shall be returned to City by
3 Service Organization.
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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.
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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.
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7. ~oval 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.
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8. ~ication 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
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made available to City prior to any consider0tion for further funds for the
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next Fiscal Year. Receipt of any revenue from such other sources during
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this Fiscal Year must be reported immediately to the Director of Parks,
Recreation and Community Services.
9. 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 agreement. 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 "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 nO\tJ 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.
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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 afreement shall not be construed as
a waiver of the right to compel enforcement of any provision or provisions.
14. Assign~nt. 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
DATED
/1' .-'-"
/ F'~<f k",t O<~l ';;~P7
Don G Vigil
Rolling Start, Inc.
443 West 4th Street
San Bernardino, Ca 92401
ATTEST:
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City Clerk
CITY OF SANBERNA~D I NQ._::_'-
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7/29/87