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HomeMy WebLinkAbout1985-512 1 RESOLUTION NO. 85-5l2 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AND RATIFYING A FIRST AND SECOND AMENDMENT TO 3 AGREEMENT WITH SAN HIDALGO FOUNDATION, INC., RELATING TO A TWO- MONTH EXTENSION OF A NUTRITION FOR SENIORS PROGRAM EFFECTIVE 4 JULY 1, 1985, PROVIDING FOR COMPENSATION TO EMPLOYEES BY FOUNDATION, AND REPEALING RESOLUTION NO. 85-308. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is hereby 8 authorized and directed to execute on behalf of said City a 9 First and Second Amendment to Agreement effective July 1, 1985, 10 with San Hidalgo Foundation, Inc., relating to a two-month 11 extension of a Nutrition for Seniors Program and providing for 12 compensation to employees by Foundation, copies of which are 13 attacherl' hereto, marked Exhibit "A" and "B" respectively and 14 incorporated herein by reference as fully as though set forth at 15 length. 16 SECTION 2. Resolution No. 85-308 is hereby repealed. 17 I HEREBY CERTIFY that the foregoing resolution was duly 18 adopted by the Mayor and Common Council of the City of San 19 Bernardino at a reqular meeting thereof, held on 20 the 2nd December , 1985, by the following vote, day of 21 to wit: 22 23 24 25 26 27 28 Council Members AYES: Ef;t-r;:l{~FI R~i lly. Hr=>rn.:=tnrlo? . Marks Oni~l St-ri~klpr NAYS: NonB ABSENT: Council Mp.mhAr FrFl7.;pr ~.m/~h?- / City Clerk / / / / / / / / / . , 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The foregoing resolution is hereby approved this ~e~ day 2 of December , 1985. 3 4 5 Approved as to form: ff~/AI-:J~~ 7 C~y~ 6 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST AMENDMENT TO AGREEMENT (Nutrition for Seniors Program) THIS FIRST AMENDMENT TO AGREEMENT, effective July 1, 1985, is made and entered into this ./y'z'";{; day of ~#<-k.J 1985, by and between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and SAN HIDALGO FOUNDATION, INC., a California nonprofit corporation, referred to as "Foundation". City and Foundation agree as follows: 1. Recitals A. City entered into an agreement with San Hidalgo Institute, Inc., on August 20, 1984, for the conducting of a nutrition for seniors program. B. San Hidalgo Institute, Inc. assigned its interest in and delegation of duties under the contract for nutrition for seniors program to San Hidalgo Foundation, Inc. by document dated October 25, 1984. C. City and Foundation desire to amend the agreement to provide for a two-month extension of the term of the agreement. 2. Amendments A. Extension of Term. The term of the agreement is extended for a two-month period, commencing July 1, 1985, and terminating August 31, 1985. B. Payment to Foundation. City shall pay to Foundation during the months of July and August 1985, the actual expenses incurred by Foundation for all costs associated with wages, utilities, rental of building, and custodial services of building space, based on invoices and supporting documentation submitted 1 to and approved by City. Invoices for salary and fring benefits 2 will show position, employee name, hourly rate and hours worked 3 in providing meals per pay period. 4 3. Liability Claims. The Foundation avers that it knows 5 of no incidents which have occurred during July and August 1985 6 which will give rise to any claim for personal injury or property 7 damage against the Foundation in connection with the nutrition 8 for seniors program. 9 4. Other Provisions. All other terms,conditions, and 10 provisions of the agreement shall remain the same and be in full 11 force and effect during this extension. 12 BERNARDINO ATTEST: <</tY-G~ Mayor 13 14 {;~ei~~M 15 16 17 18 19 By 20 21 22 23 24 25 26 27 28 Approved as to form: ~- ~/7c=, // ~~~~~~ City At orney SAN HIDALGO FOUNDA ON, INC. (- \, By'~ ( Pres \ / ", / --' icer 2 1 2 SECOND AMENDMENT TO AGREEMENT (Nutrition for Seniors program) 3 THIS SECOND AMENDMENT TO AGREEMENT, effective July 1, 1985, 4 is made and entered into this -4/z"'k day of /dZ.,.<</~.v' 5 1985, by and between the CITY OF SAN BERNARDINO, a municipal 6 corporation, referred to as "City", and SAN HIDALGO FOUNDATION, 7 INC., a California nonprofit corporation, referred to as 8 "Foundation". 9 City and Foundation agree as follows: 10 1. Recitals. 11 A. City entered into an agreement with San Hidalgo 12 Institute, Inc., on August 20, 1984, for operation of a Nutrition 13 for Seniors Program. Said agreement has been assigned to 14 Foundation. 15 B. City and Foundation have entered into a First 16 Amendment to Agreement to provide a two-month extension of the 17 Nutrition for Seniors Program. 18 C. Foundation will receive payment under said First 19 Amendment to Agreement for costs associated with wages. 20 D. Certain Foundation employees associated with the 21 Nutrition for Seniors Program have not received their wages for 22 work with said program during said two-month extension. 23 2. Payment of Wages. Foundation hereby agrees to first 24 compensate all unpaid employees associated with said Nutrition for 25 seniors Program during said two-month extension from payments to 26 Foundation made by the City under the First Amendment to 27 Agreement. 28 3. Other Provisions. All of the terms, conditions, and , 1 provisions of the agreement, as amended, shall remain the same and 2 be in full force and effect during said extension. ::TYl~ ,B:?;2 ,P , r MayO~ SAN HIDALGO FOUNDATION, INC. c.~ \. ent and Executive Officer -2-