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HomeMy WebLinkAbout1987-278 1 RESOLUTION NO. 87 -27 8 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FRAZEE COMMUNITY CENTER RELATING TO FINANCIAL ASSISTANCE FOR 3 FISCAL YEAR 1987-1988. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized 6 and directed to execute on behalf of said City an agreement with Frazee 7 . Community Center relating to financial assistance for fiscal year 1987-1988, 8 9 a copy of which is attached hereto, marked Exhibit "A" and incorporated herein I by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 10 11 r~ayor and Common Council of the City of Sna Bernardino at a 12 13 I regular meeting thereof, held on the 1987, by the following vote, to wit: 17th day of ]\uqu st 14 AYES: Cou nc i 1 ~;1embers Reilly, Flores, Maudsley, 15 ~1inor, ~~iller 16 NAYS: None 17 ABSENT: Council Members Estrada, Pope-Ludlam 18 19 ~~/~ / 1 Y C er 20 21 22 The foregoing resolution is hereby approved this J tJ.~./ day of l {, ,:... ''to*/ 23 August, 1987. 24 25 26 content: 27 28 1 A G R E E MEN T 2 (Community Service Organization) 3 THIS AGREEMENT js entered itno 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 Frazee Community Center, a nonprofit 6 I community service organization, referred to as "Service Organizationll. I 7 City and Service Organization agree as follows: 8 1 . Rec i ta 1 s . 9 (a) Service Organization has requested financial assistance from 10 City for the fiscal year 1987-1988. 11 (b) Service Organization represents that the expenditures 12 authorized by this agreement are for a valid municipal public purpose. 13 The purpose is to provide emergency assistance of food, clothing, medical 14 and referrals to individuals in dire need. 15 2. Payment. City shall pay to Service Organization the total sum Qf 16 FIVE THOUSAND ONE-HUNDRED DOLLARS ($5,100), for the term of this agreement, 17 payable in twelve monthly installments of FOUR HUNDREQ, TWENTY-FIVE DOLLARS 18 ($425). ~10nthly payment for the month of July shall be payabl e upon execution 19 of this agreement, and all subsequent payments shall be paid on or before 20 the 5th day of each succeeding month. 21 3. Term. This agreement shall cover the period from ,July 1, 1987, 22 through June 30, 1988. 23 4. Use of Funds. The funds paid to Service Organization shall be used 24 by it solely for the purpose set forth in Paragraph l(b) of this agreement 25 and in accordance with the budget submitted to the City. A variation in 26 the itemization of costs, as set forth in the proposed budget, not to exceed 27 ten percent (10%), shall be allowed, provided the prior written approval". of' 28 the Director of Parks, Recreation and Community Services of City is obtained Exhibit "A" 7/29/87 II 1 '" ','.'::T'''':",''',_"",-,~"""",'''''',"",,'''' 1 I At the end of the term, all unexpended funds shall be returned to City by I Service Organization. I 2 3 5. Accounting. Prior to the final payment under this agreement, and 4 at such other times as maybe requested by the City Administrator or Director 5 of Finance of City, the Service Organization shall submit to the City 6 Administrator, with a copy to the Director of Finance, an accounting of the 7 proposed and actual expenditures of all revenues accruing to the organization 8 for the fiscal year ending June 30, 1988. Financial records shall be 9 maintained by Service Organization in accordance with generally accepted 10 accounting principles, in a manner which permits City to trace the expenditures 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. 14 6. Services Available to Residents. The services of Service Organization 15 I 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 com~ly with Affirmative 18 Action guidelines in its employment practices. 19 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. 23 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 25 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 27 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, Recreation and Community Services. 7/29/87 2 I' I I I I I 1 2 I i I, I, Ii 3 Ii 11 4 1\ Ii I: 5 II il II 'I 6 I, 'I I, 7 I I 8 I II 9 l , 10 I , 11 II ,I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. Temporary Withholding. The Director of Parks, Recreation and Commun-ity 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 vio'1ation 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 of receipt of funds paid under this agreement, and all operations 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. Recommendationsll, 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 now 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. 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 7/29/87 3 1 a waiver of the right to compel enforcement of any provision or provisions. 2 14. Assignment. This agreement shall not be assigned by Service 3 Organization without the prior written consent of City. 4 15. Notices. All notices herein required shall be in writinq and 5 delivered in person or sent by certified mail, postage prepaid, addressed 6 as follows: 7 City Administrator City Hall 300 North "0" Street San Bernardino, CA 92418 8 9 L~c/&' ~I: L;) 'Y<)~? L j ,. , /: /' I l DATED 10 11 12 ATTEST: -~#:n-?/~~~" /City Clerk 13 14 15 16 17 18 ved as to form and legal content: /1 ./' , J;~~~ 19 20 21 22 23 24 25 26 27 28 7/29/87 Frazee Community Center 1140 West Mill Street San Bernardino, CA 92410 CITY P'F~ BERNARDINO /<, By \" // /.~ .,//-~L~:, /i:;;>~~ /~~-:i/'- - {// . :;~";,,,/ , t1avor Kt) .0~,.:)r'i'e ' v /7"1' <- - By ~5J~;z:7t:iri:i --..... /. / /} , Tit 1 e Lj~' C{t' u:-;'-~.e / ...--) .,.,,:;../-'.>'- /' ~~.,,~ ~~/ f -:6' "- LL..-- Z:;. 4