HomeMy WebLinkAbout1987-280
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RESOLUTION NO.
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I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
IAGREEMENT WITH r~ERRI-MIXERS RELATING TO FINANCIAL ASSISTANCE FOR FISCAL YEAR
11987-1988.
I BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
IBERNARDINO AS FOLLOWS:
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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 Merri-Mixers
8 relating to financial assistance for Fiscal Year 1987-1988, a copy of which is
9 attached hereto, marked Exhibit "AII and incorporated herein by reference as
10 fully 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
meeting thereof, held on the
17th
day of Augu s t
14 1987, by the following vote, to wit:
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AYES:
Council ~1embers 1:?eilly, Flores, 1'1audsley,
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Minor, Miller
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NAYS:
None
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ABSENT:
Council Members Estrada, Pope..Ludlam
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,/ City Clerk
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22 The foregoing resolution is hereby approved this ~/'., ,~__ day of
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August
, 1987.
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APprf'rd a s to form/aJ}7d 1 ega 1 content:
\ 7. //b~
C' y /\ttorney
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A G R E E MEN T
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(Community Service Organization)
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THIS AGREH1ENT is entered into effective as of July 1, 1987, at San
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Bernardino, California, between the City of San Bernardino, a municipal
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corporation, referred to as "City", and Merri-t,1ixers, a nonprofit community
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service organization, referred to as "Service Organization".
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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 transportation for the ambulatory developmentally
14 disabled adult with growth promoting experiences designed to achieve
15 normalization and to develop each individuals capacity through community
16 interaction, development of motor skills and social awareness and
17 administration of the program.
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2. Payment. City shall pay to Service Organization the total sum of two
19 thousand one hundred sixty dollars ($2,160), for the term of this agreement,
20 payable in twelve monthly installments of o~e hu~dred eighty dollars ($180).
21 Monthly payment for the month of July shall be payable upon execution of this
22 agreement, and all subsequent payments shall be paid on or before the 5th day
23 of each succeeding month.
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3. Term. This agreement shall cover the period from July 1, 1987,
25 through June 30, 1988.
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4. Use of Funds. The funds paid to Service Organization shall be used
27 by it solely for the purpose set forth in Paragraph l(b) of this agreement
28 and in accordance with the budget submitted to the City. A variation in the
Exhibit "A"
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1 : ltemlzatlon of costs, as set forth in the proposed budget, not to exceed
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2 \ ten percent (10%), shall be allowed, provided the prior written approval of
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3 I the Director of Parks, Recreation and Community Services of City is obtained.
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4 j At the end of the term, all unexpended funds shall be returned to City by
5 I S e rv ice 0 rg ani z at ion.
6 I 5. Accounting. Prior to the final payment under this agreement, and
: I:; ;~~:n::h:: ::::~ :~e m::r:~ c:e:~:::~:a:~ o:h:h:: ~y s:::::i ::r:::r c ~:y Oi rector
9 Administrator, with a copy to the Director of Finance, an accounting of the
10 proposed and actual expenditures of all revenues accruing to the organization
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11 for the Fiscal Year ending June 30, 1988. Financial records shall be
12 lnaintained by Service Organization in accordance with generally accepted
13 accounting principles, in a manner which permits City to trace the expenditures
14 of the funds. All books and records of Service Organization are to be kept
15 open for inspection at any time during the business day by the City or its
16 officers or agents.
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6. Services Available to Residents. The servic~s of Service Organization
18 shall be made available to residents and inhabitants of the City of San
19 Bernardino. No person shall be denied service because of race, color, creed,
20 age, or sex. Service Organization shall have and comply with Affirmative
21 Action guidelines in its employment practices.
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7. Approval of City of any Charges. City reserves the right to require
23 Service Organization to obtain the prior written approval of City of any
24 charges or fees to be charged by Service Organization, and of any rules and
25 regulation governing the services.
26 8. Application for Other Funding. No Service Organization will be funded
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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 made
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available to City prior to any consideration for further funds for the next
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Fiscal Year. Receipt of any revenue from such other sources during this
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I Fiscal Year must be reported immediately to the Director of Parks, Recreation
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and Community Services.
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Temporary Withholding.
The Director of Parks, Recreation and
Commu n i ty Serv ices, wi th th e concu rrence of th e t.1ayo rand Common Cou nc i1 ,
is authorized to temporarily withhold to terminate the payment of funds to
Service Organization when the Director determines that any violation of the
9 agreement has occurred. Funds shall be withheld until the violation is
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II corrected to the satisfaction of the Director and Mayor and Common Council.
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10.
Hold Harmless.
Service Organization agrees to indemnify and save
har~less the City and its employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or losses, however occurring,1
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or damages arising or growing out of the use or receipt of funds paid under
15 this agreement, and all oeprations under this agreement. Payments under this
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agreement are made with the understanding that the City is not involved in the
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. performance of services or other activities of ServiG~ Organization.
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Service
Organization and its employees and agents are independent contractors and not
I employees or agents of City.
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Standards.
Service Organization agrees to comply with the provisions
of "Section 1.
Recommenda t ion S.", of a port i on of a report ent it 1 ed II 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 Serv.ices Department and/or Director are now referred
to as "Parks, Recreation and Community Services Department and/or Director".
27 12. Termination. City shall have the right to terminate this agreement
28 and any funding of Service Organization for any reason by mailing a ten day
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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
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 paid, addressed
as follows:
City Administrator
City Hall
300 North 11011 Street
San Bernardino, CA 92418
Joan Grizzell
3898 North Lugo
San Bernardino, CA 92404
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DATED / I .2 l' /E I i.....,-"/,~,>J-1.,
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ATTEST:
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-'City Cler
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CITY OFSA~~N~;DIN~):<:>/:(,
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7/29/87