HomeMy WebLinkAbout1986-289
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RESOLUTION NO.86-289
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO COMMUNITY AGAINS
3 DRUGS RELATING TO FUNDING FOR THE FISCAL YEAR 1986-1987.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 Agreement with The San Bernardino Community Against Drugs relating
9 to funding for the fiscal year 1986-1987, a copy of which is
10 attached hereto, marked Exhibit "A" and incorporated herein by
11 reference as fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a
reqular
meeting thereof, held on
15 the 21st
day of
July
, 1986, by the following vote,
16 to wit:
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Council Members
AYES:
Estrada, Reilly, Hernandez,
Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
Council Member Marks
The foregoing resolution
~/~42~
./ City Clerk
is ~~eby approved this c?06~- day
/ , --7
,~>" . (7 .. );/ //
~r .(~~~i(~-cr~ ~f' S~~:B~~~t'dino
,
24 of
July
, 1986.
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26 Approved as to form:
~IJ~
28 City Attorney
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A G R E E MEN T
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{San Bernardino Community Against Drugs}
/TItfS AGREEMENT is made and entered into this c9pf/..- day of
~~ ' ~986, between the CITY OF SAN BERNARDINO, a
5 munlc~~rporatlon, referred to as "City," and THE SAN
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6 BERNARDINO COMMUNITY AGAINST DRUGS, a nonprofit organization,
7 referred to as "Organization."
8 City and organization agree as follows:
9 1. Recitals.
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A. organization has requested financial assistance from
11 City for the 1986-1987 fiscal year.
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B. organization represents that the expenditures
13 authorized by this agreement are for a valid municipal public
14 purpose. The purpose is to provide activities that will focus
15 attention on and assist in the solution of substance abuse
16 problems by the young people of the community as well as parents
17 and other adults.
18 2. Payment. City shall pay to Organization the total sum of
19 FORTY-FOUR THOUSAND FIVE HUNDRED DOLLARS {$44,SOO.00} for the term
20 of this agreement, payable in eleven installments of THREE
21 THOUSAND SEVEN HUNDRED EIGHT DOLLARS AND THIRTY-THREE CENTS
22 ($3,708.33), and one final installment of THREE THOUSAND SEVEN
23 HUNDRED EIGHT DOLLARS AND THIRTY-SEVEN CENTS ($3,708.37). The
24 payments shall be made by the tenth of each month.
25 3. Term. This agreement shall commence July 1, 1986, and
26 terminate June 30, 1987.
27 4. Use of Funds. The funds paid to organization shall be
28 used by it solely for the purpose set forth in Paragraph IB of
F;\H\B\T ~~
1 this agreement. At the end of the term, all unexpended funds
2 shall be returned to City by organization.
3 5. Accounting. Prior to the final payment under this
4 agreement, and at such other times as may be requested by the City
5 Administrator or Director of Finance of City, organization shall
6 submit to the City Administrator, with a copy to the Director of
7 Finance, an accounting of the proposed and actual expenditures of
8 all revenues accruing to the organization for the fiscal year
9 ending June 30, 1987. Financial records shall be maintained by
10 organization in accordance with generally accepted accounting
11 principles, in a manner which permits City to trace the
12 expenditures of the funds. All books and records of Organization
13 are to be kept open for inspection at any time during the business
14 day by the City or its officers or agents.
15 6. Temporary Withholding. The City Administrator, with the
16 concurrence of the Mayor and Common Council, is authorized to
17 temporarily withhold or terminate the payment of funds to
18 organization when the City Administrator determines that any
19 violation of the agre~ment has occurred. Funds shall be withheld
20 until the violation is corrected to the satisfaction of the City
21 Administrator and Mayor and Common Council.
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7. Services Available to Residents. The services of
23 organization shall be made available to residents and inhabitants
24 of the City of San Bernardino. No person shall be denied service
25 because of race, color, creed, or sex. organization shall have
26 and comply with Affirmative Action guidelines in its employment
27 pract ices.
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8.
Hold Harmless.
Organization agrees to indemnify and save
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1 harmless the City and its employees and agents from all
2 liabilities and charges, expenses (including counsel fees), suits
3 or losses however occurring, or damages arising or growing out of
4 the use or receipt of funds paid under this agreement, and all
5 operations under this agreement. Payments under this agreement
6 are made with the understanding that the City is not involved in
7 the performance of services or other activities of Organization.
8 organization and its employees and agents are independent
9 contractors and not employees or agents of City.
10 9. Termination for Cause. City reserves the right to
11 terminate this agreement and any and all grants and future
12 payments under this agreement in whole or in part at any time
13 before the date of completion of this agreement whenever City
14 determines that Organization has failed to comply with the
15 conditions of this agreement. In the event City seeks to
16 terminate this agreement for cause, City shall promptly nQtify
17 organization in writing of the proposed termination and the
18 reasons therefor, together with the proposed effective date.
19 Organization shall be given an opportunity to appear before the
20 Mayor and Common Council at the time at which the Mayor and Common
21 Council are to consider such recommended termination, and shall be
22 given a reasonable opportunity to show cause why, if any exists,
23 the agreement should not be terminated for cause. Upon
24 determination by the Mayor and Common Council that the contract
25 should be terminated for cause, notice thereof, including reasons
26 for the determination, shall promptly be given to organization,
27 together with information as to the effective date of the
28 termination. The determination of the Mayor and Common Council as
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1 to cause shall be final.
2 10. Termination for Convenience. City or organization may
3 terminate this agreement in whole or in part provided both parties
4 agree that the continuation of the project would not produce
5 beneficial results commensurate with further expenditure of funds.
6 In such event, the parties shall agree upon the termination
7 conditions, including the effective date and, in the case of
8 partial terminations, the portion to be terminated. organization
9 shall not incur new obligations for the terminated portion after
10 the effective date and shall cancel as many. outstanding
11 obligations as possible. City shall allow organization full
12 credit for the City's share of the non-cancellable obligations
13 properly incurred by Organization prior to termination.
14 11. Assignment. organization shall not assign its interest
15 in this agreement without the prior written approval of City.
16 12. Notices. All notices relating to this agreement shall
17 be in writing and delivered in person or sent by certified mail,
18 postage prepaid, addressed as follows:
22 DATED:
Jerilyn Simpson, Director
The San Bernardino Community
Against Drugs, Inc.
234 N. Arrowhead Avenue
San Bernardino, CA 92408
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City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
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ATTEST:
CI~ SA~" BERNARDINO.. ...
By. . 4,JJ1~
Mayor."
25 ,..r~ff$~A9'A/
Vl.ty Clerk
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THE SAN BERNARDINO COMMUNITY
AGAINST DRUGS, INC.
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5 Approved as to form:
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7 City Attorney
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