HomeMy WebLinkAbout27-City Administrator
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. CIT:P OF SAN BERNARDINb> - R.QUEST
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FoicOUNCIL ACTION
From:
James E. Robbins
Deputy City Administrator
City Administrator
Su~~: San Bernardino Community
Against Drugs 1989-90
Agreement.
Dept:
Date: August 11, 1989
Synopsis of Previous Council action:
Resolution adopted and signed on September 19, 1988.
Recommended motion:
Adopt resolution.
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( Signature
Contact person:
James E. Robbins
Phone:
5122
Supporting data attached:
Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount:
'i't, ,'>--0"0
Source: (Acct. No.)
:lor 09/ S 3{,36
(Acct. DescriPtion)
Finance:
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Council Notes:
75.0262
Agenda Item No. !!J ~7
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Several years ago, San Bernardino Community Against Drugs was
formed and has received funding from the City. While the
scope of activities continues to expand, the request for city
funds has stayed at the same level, $44,500.
In order to make payment of funds already
budget, an agreement is appropriate. The
the entering into agreement is attached.
same as in years past.
provided for in the
Resolution authorizing
The agreement is the
It is respectfully recommended that you adopt a resolution
authorizing the Mayor to enter into agreement with San Bernardino
Community Against Drugs.
75.0264
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2 RESOLUTION NO.
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN CITY OF $AN BERNARDINO AND THE
4 SAN BERNARDINO COMMUNITY AGAINST DRUGS WHERE THE CITY SHALL
PROVIDE THE SAN BERNARDINO COMMUNITY AGAINST DRUGS THE SUM OF
5 $44,500 FOR FI~CAL YEAR 1989-90 FUNDING.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION ,1
The Mayor of the City of San Bernardino
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is hereby authorized and directed to execute on behalf of said
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City the agreement with the San Bernardino Community Against
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Drugs whereby the City agrees to provide the sum of $44,500.00
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for Fiscal Year 1989-90 funding.
A copy of said agreement is
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attached hereto marked Exhibit "A" and incorporated herein by
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this reference as fully as though set forth at length.
SECTION 2
The agreement shall not take effect until
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fully signed and executed by both parties. The City shall not be
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obligated hereunder unless and until the Agreement is fully
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executed and no oral agreement relating thereto shall be implied
or authorized.
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SECTION 3
This resolution is rescinded if the parties
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to the agreement fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1989, by the fOllowing vote, to wit:
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August 9, 1989
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2 RESOLUTION OF THE CITY OF SAN BERNARFINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY AND THE SAN BERNARDINO
3 COMMUNITY AGAINST DRUGS FOR PROVIDING FUNDING OF $44,500 FOR
FISCAL YEAR 1989-90.
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AYES:
Council Members
NAYS
ABSENT
City Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
W. R. Holcomb, Mayor
16 City of San Bernardino
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17 Approved as to form
and legal content:
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JAMES F. PENMAN
City Attorney
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By: 'f'a1...., -; ;/Cwn.><-.
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A G R E E MEN T
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(San Bernardino Community Against Drugs)
THIS AGREEMENT is made and entered into this
day of
,
1989, between the CITY OF SAN BERNARDINO, a
municipal corporation, referred to as "City," and THE SAN
BERNARDINO COMMUNITY AGAINST DRUGS, a nonprofit organization,
referred to as "Organization."
City and Organization agree as follows:
1.
Recitals.
A.
Organization has requested financial assistance
from City for the 1989-1990 fiscal year.
B.
Organization represents that the expenditures
authorized by this agreement are for a valid municipal public
purpose.
The purpose is to provide activities that will focus
attention on and assist in the solution of substance abuse pro-
blems by the young people of the community as well as parents and
other adults.
2.
Payment. City shall pay to Organization the total sum
of FORTY-FOUR THOUSAND FIVE HUNDRED DOLLARS (S44,500.00) for the
term of this agreement, payable in eleven installments of THREE
THOUSAND SEVEN HUNDRED EIGHT DOLLARS AND THIRTY-THREE CENTS
($3,708.33), and one final installment of THREE THOUSAND SEVEN
HUNDRED EIGHT DOLLARS AND THIRTY-SEVEN CENTS ($3,708.37).
The
payments shall be made by the tenth of each month.
3. Term. This agreement shall commence July 1, 1989, and
terminate June 30, 1990.
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4. Use of Funds. The funds paid to organization shall be
used by it solely for the purpose set forth in paragraph IB of
this agreement.
At the end of the term, all unexpended City
funds shall be returned to City by Organization.
5.
Accounting.
Prior to the final payment under this
agreement, and at such other times as may be requested by the
City Administrator or Director of Finance of City, Organization
shall submit to the City Administrator, with a copy to the
Director of Finance, an accounting of the proposed and actual
expenditures of all revenues accruing to the organization for the
fiscal year ending June 30, 1989.
Financial records shall be
maintained by Organization in accordance with generally accepted
accounting principles, in a manner which permits City to trace
the expenditures of the funds.
All books and records of
Organization are to be kept open for inspection at any time
during the business day by the City or its officers or agents.
6. Reports. Quarterly, and at such other times as may be
requested by the City Administrator, organization shall submit to
the City Administrator an activity report.
This report shall
indicate what programs and/or activities have been supported by
City funds. where possible, the number of individuals impacted
or using the services should be appropriately noted. Equipment
or materials purchased with City funds should have justifications
for the expenditures.
The summary or these reports should be
submitted on an annual basis in concurrence with the financial
accounting report for the fiscal year.
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7.
Temporary Withholding.
The City Administrator, with
the concurrence of the Mayor and Common Council, is authorized to
temporarily withhold or terminate the payment of funds to
Organization when the City Administrator determines that any
violation of the agreement has occurred. Funds shall be withheld
until the violation is corrected to the satisfaction of the City
Administrator and Mayor and Common Council.
8.
Services Available to Residents.
The services of
Organization shall be made available to residents and inhabitants
of the City of San Bernardino. No person shall be denied service
because of race, color, creed, or sex.
Organization shall have
and comply with Affirmation Action guidelines in its employment
practices.
9.
Hold Harmless.
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 Organization.
Organization and its employees and agents are independent
contractors and not employees or agents of City.
10. Insurance.
Organization shall take out and maintain
during the life of this Agreement such public liability and
property damage insurance as shall insure City, its elective and
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appointive boards, commissions, officers, agents and employees,
from claims for damages for personal injury, inCluding death, as
well as from claims for property damage which may arise from
Organization's or its agents' operations hereunder, whether such
operations be by Organization or its agents or by anyone directly
or indirectly employed by either Organization of its agents, and
the amounts of such insurance shall be as follows:
(a) Public Liability Insurance. In an
amount not less than $500,000.00 for injuries, including, but not
limited to, death, to anyone person and, subject to the same
limit for each person, in an amount not less than $500,000.00 on
account of anyone occurrence;
(b)
Property Damage Insurance.
In an
amount of not less than $50,000 for damage to the property of
each person on account of anyone occurrence.
11. Termination for Cause. City reserves the right to
terminate this agreement and any and all grants and future
payments under this agreement in whole or in part at any time
before the date of completion of this agreement whenever City
determines that Organization has failed to comply with the
condi tions of this agreement. In the event Ci ty seeks to
terminate this agreement for cause, City shall promptly notify
Organization in writing of the proposed termination and the
reasons therefor, together with the proposed effective date.
Organization shall be given an opportunity to appear before the
Mayor and Common Council at the time at which the Mayor and
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Common Council are to consider such recommended termination, and
shall be given a reasonable opportunity to show cause why, if any
exits, the agreement should not be terminated for cause.
Upon
determination by the Mayor and Common Council that the contract
should be terminated for cause, notice thereof, including reasons
for the determination, shall promptly be given to Organization,
together with information as to the effective date of the
termination. The determination of the Mayor and Common Council
as to cause shall be final.
12. Termination for Convenience. City or Organization may
terminate this agreement in whole or in part provided both
parties agree that the continuation of the project would not
produce beneficial results commensurate with further expenditure
of funds.
In such event, the parties shall agree upon the
termination conditions, including the effective date and, in the
case of partial terminations, the portion to be terminated.
Organization shall not incur new obligations for the terminated
portion after the effective date and shall cancel as many
outstanding obligations as possible. City shall allow
Organization full credit for the City's share of the non-
cancellable obligations properly incurred by Organization prior
to termination.
13. Assignment.
Organization shall not assign its
interest in this agreement without the prior written approval of
City.
14. Notices. All notices relating to this agreement shall
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2 be in writing and delivered in person or sent by certified mail,
3 postage prepaid, addressed as follows:
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City Administrator
City of San Bernardino
300 North "D" street
.San Bernardino, CA 92418
Dated:
ATTEST:
City Clerk
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20fJ-ty Attorney
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Approved as to form
and legal content:
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Jerilyn Simpson, Director
The San Bernardino Community
Against Drugs, Inc.
234 N. Arrowhead Avenue
San Bernardino, CA 92408
CITY OF SAN BERNARDINO
BY
W.R. Holcomb, Mayor
THE SAN BERNARDINO COMMUNITY
AGAINST DRUGS, INC.
BY