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Home My WebLink About2009-056 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 RESOLUTION NO. 2009-56 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT FOR C.I.D. STAFF AND PROGRAM FUNDING BETWEEN FRIENDS OF C.I,D. AND CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Interim City Manager is authorized to execute an Agreement for C.LD. staff funding between Friends of C.LD. and City of San Bernardino, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length; and SECTION 2. That the authorization to execute said Agreement is void and of no effect if it is not executed within thirty days of the date that this Resolution is adopted. III III III III III III III III III III III III III 2009-56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT FOR C.I,D, STAFF AND PROGRAM FUNDING BETWEEN FRIENDS OF C.I,D. AND CITY OF SAN BERNARDINO, I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the joint Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 16thdayof March , 2009, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA -L- BAXTER x BRINKER x VACANT KELLEY x JOHNSON x 16 McCAMMACK 17 18 19 20 x ~h.~ Racbel Clark, City Clerk The foregoing resolution is hereby approved this ~ day of March 2009. 21 22 23 24 25 26 27 28 ,/~ f}tA+-~ Rikke Van Johnson, Mayor Pro Tem City of San Bernardino Approved as to Form: 2009-56 "Exhibib A" AGREEMENT FOR C.I.D. STAFF AND PROGRAM FUNDING BETWEEN FRIENDS OF C.I.D. AND CITY OF SAN BERNARDINO This Agreement is made and entered into by and between the FRIENDS OF C.LD., a California non-profit corporation ("FRIENDS") and the CITY OF SAN BERNARDINO, a municipal corporation ("CITY"), hereinafter the "Parties." WHEREAS, the CITY is a member of a joint powers agency, the Authority for the Handicapped of San Bernardino County ("AUTHORITY"); and, WHEREAS, the FRIENDS is a non-profit corporation formed to provide support and fundraising for the San Bernardino Center for Individual Development ("C.LD."); and, WHEREAS, certain C.LD. staff, to wit, a full-time Program Manager, a full-time Recreational Therapist, and eleven part-time staff are CITY employees; and, WHEREAS, the current financial condition of CITY is such that it can no longer afford to fund C.LD. at its current level; and, WHEREAS, almost all CITY employees paid from the General Fund, including C.LD. staff, have been put on a furlough program through June 30, 2010, wherein their salaries have been reduced by ten percent; and, WHEREAS, it is the intent of FRIENDS to assist the CITY in funding so as to continue C.LD. Park, Recreation & Community Services Department programs, including C.LD. Aquatic programs, the Teen Club after school program, the Merri-Mixer Program and Project LEO; THE PARTIES AGREE AS FOLLOWS: I. FRIENDS' OBLIGATIONS A. Commencing April 1, 2009, and continuing through June 30, 2010, unless earlier terminated as set forth herein, FRIENDS shall donate a total amount of$15I,910 to fund only the F:\ROTHlAgreements\P&R em salaries rev 03l109.wpd 1 2009-56 salaries and benefits of up to eleven part-time program staff and one full-time Recreational Therapist, and ongoing C.LD. program expenses including materials and supplies, printing, . postage and mileage. No other expenditures made by CITY shall be reimbursed or funded by FRIENDS without the prior written authorization of FRIENDS upon the approval of its Board of Directors. B. The $151,910 donation shall be made in five installments as follows: $50,000 to be paid by April 15, 2009, and the remaining $101,910 shall be paid in four equal quarterly installments of $25,477.50 on September 15, 2009, December IS, 2009, April 15, 2010 and June 15,2010. C. It is understood and agreed that in January, 2009, FRIENDS donated $10,000 which is currently on deposit in CITY's C.LD. trust accounts to be used to fund staff wages and benefits. Those funds shall be a credit against the first installment of $50,000.00 to be donated by FRIENDS by April 15, 2009, pursuant to this Agreement. 2. CITY'S OBLIGATIONS A. CITY shall continue to employ the following C.LD. staff: one full-time Program Manager, one full-time Recreational Therapist and up to eleven part-time staff. B. CITY shall continue to pay the salary and benefits of the full-time Program Manager, which is anticipated to be (including wages and benefits, and after a 10% furlough reduction): $22,118.40, through June 30, 2009 and $88,473.60 for FY 09/10, a total of$110,592. C. CITY shall continue to provide C.LD. Parks, Recreation & Community Services Department Programs on the same schedule and at the same level of programing existing as of March 1,2009, including but not limited to: Twinges in the Hinges Aquatic Programs, the Teen Club after school program, the Merri-Mixer Program, and Project LEO. F:\ROTHlAgreements\P&R em salaries rev 031109.wpd 2 2009-56 D. CITY shall continue to meet its obligations under its contract with the AUTHORITY. E. CITY agrees that if its financial condition recovers to the extent that it discontinues employee furloughs prior to June 30, 2010, it will make a good faith effort to restore funding for the Recreational Therapist and up to eleven part-time staff, and relieve FRIENDS of any further obligations under this Agreement. 3. TERM; TERMINATION The term of this Agreement is April 1, 2009 through June 30, 2010. Either party may terminate this Agreement at any time by thirty (30) days' written notice. The terms of this Agreement shall remain in force unless mutually amended in writing. 4. NOTICE Any notice to be given pursuant to this Agreement shall be deposited with the United Postal Service, postage prepaid and addressed as follows: TO THE CITY: TO THE FRIENDS: Parks, Recreation and Community Services Department 201 A North E Street, Ste. 103 San Bernardino, CA 92401 Friends of the Center for Individual Development 8088 Palm Lane San Bernardino, CA 92410 5. ENTIRE AGREEMENT. This Agreement and any documents or instruments attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and supersede all negotiations and prior writings in respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. 1111 F:\ROTHlAgreements\P&R em salaries rev 031109.wpd 3 2009-56 AGREEMENT FOR C.I.D. STAFF AND PROGRAM FUNDING BETWEEN FRIENDS OF C.I.D. AND CITY OF SAN BERNARDINO Dated: I'f-! J: , ,2009 Dated: /)1dA~ Iq ,2009 FRIENDS OF C.I.D. CITY OF ERNARDINO By: -1ff Cd!o~ __ T. A. Callahan, presideni:""Ffiends of CID By: M Approved as to form: JAMES F. PENMAN, City Attorney F:\ROTHlAgreementsIP&R em salaries rev 0311 09.wpd 4