HomeMy WebLinkAbout1987-277
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RESOLUTION NO.
87 -277
RESOLUTION OF THE CITY OF SAN BER~ARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH BOYS CLUB OF SAN BERNARDINO, INC. RELATI~G 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 aureement with Boys Club of
San Bernardino, Inc. relating to financial assistnace for Fiscal Year 1987-1988
a copy of which is attached hereto, marked Exhibit "A" and incorporated herein
by reference as fully as though set forth at length.
I HEREBY CERTIFY t~at the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
reqular
meeting thereof, held on the
17th
day of Augu s t
1987, by the following vote, to wit:
AYES:
Counc il ~1embers
Reilly, Flores, Maudsley,
M'
. _lnor ,
Miller
NAYS:
None
Council Members F.strada, Pope-Ludlam
ABSENT:
-----~~ -------
./ City Clerk
The foregoi ng reso 1 ut ion is hereby approved th i s /?!~[ day of
__l\ugust_________, 1987.
l4 C~t; of
APprved as 9 fO~~_ content:
;,i1y~ney
,J
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,,/-,'"
A G R E E MEN T
(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 Boys Club of San Bernardino, Inc.,
a nonprofit community 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 space for programs benefiting the youth of t:"ie community.
2. Payme~t. City shall pay to Service Organization the total sum of
eleven thousand nine hundred twenty eight dollars ($11,928), for the term of
this agreement, payable in twelve monthly installment,s of nine hundred ninety
four dollars ($994). Monthly 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 l(b) of this agreement
and in accordance with the budget submitted to the City. A variation 'in
the itemization of costs, as set forth in the porposed budget, not to exceed
ten percent (10%), shall be allowed, provided the prior written approval of
the Director of Pal~ks, Recreation and Community Services of City is obtained.
Exhibit "A"
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Ii At the end of the term, all unexpended funds shall be returned to City by
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II Service Organization.
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II 5. Accou~ti!l9.. Prior to the final payment under this agreement, and
i at such other times as may be requested by the City Administrator or Director
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of Finance of City, the Service Organization shall submit to the City
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Administrator, with a copy to the Director of Finance, an accounting of the
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propsoed and actual expenditures of all revenues accruing to the organization
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for the Fiscal Year ending June 30, 1988.
Financial records shall be
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maintained by Service Organization in accordance with generally accepted
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accounting principles, in a mAnner which permits City
11 of the funds. All books and records of Service Organization are to be kept
12 open for inspection at any time during the business day by the City or its
13 officers or agents.
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6.
Services Available to Residents.
The services of Service Organization
15 shall be made available to residents and inhabitants of the City of San
16 Bernardino, No person shall be denied service because of race, color, creed,
17 age, or sex. Service Organization shall have and comply with Affirmative
18 Action guidelines in its employment practices.
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7. Approval of City of any Charges. City reserves the right to require
20 Service Organization to obtain the prior written approval of City of any
21 charges or fees to be charged by Service Organization, and of any rules and
22 regulation governing the services.
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8. _Application for Other Funding. No Service Organization will be funded
24 by the City for more than a total of three years. Service Organization must
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apply for funds from other sources. Evidence of the application shall be
26 made available to City prior to any consideration for further funds for the
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next Fiscal Year. Receipt of any revenue from such other sources during
28 This Fiscal Year must be reported immediately to the Director of Parks,
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1 Recreation and Community Services.
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9. Te!!lPorary INithholdi~. The Director of Parks, Recreation and
3 Community Services, with the concurrence of the t-1ayor and Common Council,
4 is authorized to temporarily withhold to terminate the payment of funds to
5 Service Organization when the Director determines that any violation of the
6 agreement has occurred. Funds shall be withheld until the violation is
7 corrected to the satisfaction of the Director and Mayor and Common Council.
8 10. Hold Harmless. Service Organiztion agrees to indemnify and save
9 harmless the City and its employees and agents from all liabilities and
10 charges, expenses (including counsel fees), suits or losses, however
11 occurring, or damages arising or growing out of the use or receipt of funds
12 paid under this agreement, and all operations under this agreement. Payments
13 under this agreement are made with the understanding that the City is not
14 involved in the performance of services or other activities of Service
15 Organization. Service Organization and its employees and agents are
16 independent contractors and not employees or agents of City.
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11. Standards.
Service Organization agrees to c~ply with the
18 provisions of "~ection 1. Recommendations", of a portion of a report entitled
19 t1Report of the Special Council Subcommittee for Social Service Fundsll dated
20 and adopted on February 18, 1975, and on file in the Office of the City Clerk
21 of City, a copy of which has previously been provided to Service Organization.
22 /\ 11 references to l'luman Serv ices Depa rtment and/ or Di rector a re now referred
23 to as "Parks, Recreation and Community Services Department and/or Director".
24 12. Termination. City shall have the right to terminate this agreement
25 and any funding of Service Organization for any reason by mailing a ten day
26 written notice to Service Organization anrl this agreement shall terminate
27 ten days after the mailing of such notice.
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13. Amendment. This agreement may be amended or modified only by
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I written agreement signed by both parties and failure on the part of either
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I party to enforce any provision of this agreement shall not be construed as
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a waiver of the right to compel enforcement of any provision or provisions.
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14. ~~signment. This agreement shall not be assigned by Service
Organization without the prior written consent of City.
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15. Notices.
All notices herein required shall be in writing and
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I delivered in person or sent by certified mail, postage prepaid, addressed
8 as follows:
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City Administrator
City Hall
300 North "DII Street
San Bernardino, CA 92418
Boys Club of San Bernardino, Inc.
1180 West 9th Street
San Bernardino, CA 92411
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DA TED !//tL~l te<~ / ,7t,~/./'y//
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CITY OF SAN BEfNARDJNO
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By /(:,,: /t>--'~?;C.--, t/
/~// ' - f.1ayo ~ !-~'.f.<:.I'1(>/?"~ -e.
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BO)t\C.-LUB OF SAN BE~tJRD~.N ~_ .' C-'
By ~ A ^ j\...\. ~_ .cl
\ . '-"" ,-' " v '-___' --\../.- ',__
Title' Executive Director
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I ATTEST:
II ~ffr?~~
"'City Clerk
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Ap~ved as to form ~P4 legal content
( / ~
- ,,; J-~~ ---
C' Attorney
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7/29/87