HomeMy WebLinkAbout1980-067 II
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? RESOLUTION NO. C
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
; EXECUTION OF AN AGREEMENT WITH BOYS ' CLUB OF SAN BERNARDINO, INC.
3 IRELATING TO FUNDING FOR THE REMAINING PORTION OF THE FISCAL YEAR. !
4 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 is
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hereby authorized and directed to execute on behalf of said City
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an Agreement with Boys ' Club of San Bernardino, Inc. relating to
9 funding for the remaining portion of the fiscal year, a copy
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?0 of which is attached hereto, marked Exhibit "A" and incorporated j
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! 1 herein by reference as fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly i
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3 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a rz� meeting thereof , held
15 on the day of - s.,G, ,-�..�, , 1980 , by the following
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15 vote, to wit: f
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17 AYES: Councilmen .
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19 NAYS:
20 ABSENT: (,J Wiz ' i"_k�✓
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22 City Clerk
23 The foregoing resolution is hereby approved day
24 of 1980 .
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e,-City of an Bernardino
26 Approved as to form:
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28 City Atiforney
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1 A G R E E M E N T
2 (Community Service Organization) j
3 THIS AGREEMENT is entered into between the CITY OF SAN
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4 BERNARDINO, a municipal corporation, referred to as "City" , and
5 I BOYS ' CLUB OF SAN BERNARDINO, INC. , a nonprofit community service
b organization, referred to as "Service Organization" .
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7 City and Service Organization agree as follows:
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8 1. Recitals.
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9 (a) The parties entered into an agreement August 9 ,
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10 1979, relating to a July allocation of funds for use by Service
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11 Organization. j
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12 (b) The parties entered into a further agreement
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13 relating to interim funding for the period August 1 , 1979,
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14 through January 31 , 1980 .
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15 (c) The parties now desire to provide funding for
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16 the remaining portion of the fiscal year.
17 (d) The Mayor and Common Council of the City of San
i8 Bernardino are willing to appropriate certain funds from the j
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19 General Fund or special funds for the use of Service Organization
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20 upon certain conditions and with the understanding that receipt I
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21 of said funds shall not imply a continuing obligation of the City
22 beyond the term of this agreement.
23 (e) Service Organization represents that the expend-
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24 itures authorized by this agreement are for valid municipal public
25 purposes. The purpose is the development of a comprehensive
26 program of health, recreation, education and other human service
27 programs, as needed in the Encanto Community Center.
28 2 . Payments. City shall pay to Service Organization the
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1 jltotal sum of Four Thousand Seven Hundred Sixteen Dollars ($4 ,716)
2 for the term of this agreement, payable in five equal monthly
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3 installments of Nine Hundred Forty-Three Dollars and Twenty
4 i Cents ($943.20) , commencing on the 5th day of February, 1980 , and
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5 continuing thereafter on or before the 5th day of each succeeding
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6 month.
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7 3. Term. This agreement shall commence February 1, 1980,
8 and terminate June 30 , 1980 .
9 4. Use of Funds. The funds paid to Service Organization
10 shall be used by it solely for the purposes set forth in Paragraphil
11 1 (e) of this agreement. Ten percent (10%) or less of the funds
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12 shown on any budget line item may be transferred to another line I
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13 item with the prior approval of the Director of Human Services.
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14 Any unexpended grant funds shall be returned to the City by
15 Service Organization. f
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16 5. Accounting. Prior to the final payment under this
17 agreement, or at such times as may be requested by the City I
18 Administrator or Director of Finance of City, Service Organiza-
19 t shall submit to the City Administrator, with a copy to the i
20 Director of Finance, an accounting of the proposed and actual
21 expenditures of the funds provided in this agreement, including
22 the line item amounts and purposes for which the funds have been
23 spent or obligated. The accounting or financial statement of
24 Service Organization shall separate expenditures for program
25 ( services from management and general expenditures. Expenditures
26 for program services shall be reported by the type of service
27 function involved. Each functional classification shall include
28 all of the costs applicable to the service provided, such as
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1 ( salaries and expenses of employees or consultants, costs of
2 Imaterials and supplies , long distance phone calls , automobile and
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3 d travel costs, etc. Fiscal records shall be maintained by Service
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4 Organization in a manner which will permit City easily to trace
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5 the expenditures of the funds. All books and records of Service
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6 j Organization are to be kept open for inspection at any time
7 during the business day by the City or its officers or agents.
8 Required accountings shall be submitted by Service Organization j
9 in conformance with established City guidelines. Service
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10 i Organization shall comply with any rules or regulations of the
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t1 Mayor and Common Council of City concerning services provided by
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12 organizations funded with City revenue, labor, equipment or j
13 supplies as may be now in effect or hereinafter enacted.
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14 6 . Services Available to Residents. The services of j
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15 Service Organization funded by this agreement shall be made avail-
16 able to residents and inhabitants of the City of San Bernardino.
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17 No person shall be denied service because of race, color, creed, f
18 or sex. Service Organization shall comply with the Federal Equal
19 Employment Opportunities Act, 42 USCA SS 2000 e, et seq. j
20 7. Imposition of Charges . City may require Service
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21 Organization to obtain the prior written consent of City for the
22 imposition of any charges or fees, and the amounts thereof for
23 such funded services, and of any rules and regulations governing
24 said services.
25 8. Application for Funding. Service Organization
26 agrees to make application for or seek funds from other sources.
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27 Evidence of application for other funds shall be made available to
28 City prior to any consideration for further funds for the next
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I fiscal year. Receipt of any revenue from such other sources
2 during this fiscal year must be reported immediately to the
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3 Director of Human Services.
4 9. Temporary Freeze. The Director of Human Services ,
5 with the concurrence of the Mayor and Common Council, is authorize
6 I to place a temporary freeze on or terminate the payment of funds
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7 to Service Organization when any violation of the agreement, in
8 the discretion of said Director, occurs and the same shall con-
9 tinue until such violation is corrected to the satisfaction of
10 the Director with the concurrence of the Mayor and Common Council. '
11 10. Hold Harmless. Service Organization covenants and
?2 agrees to indemnify and save harmless the City and its employees
!3 and agents from all liabilities and charges, expenses (including
14 counsel fees) , suits or losses however occurring, or damages
15 arising or growing out of the use or receipt of the funds paid
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16 under this agreement and all operations under this agreement. j
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17 Payments under this agreement are made with the understanding
18 that the City is not involved in the performance of services or
19 other activities of Service Organization. Service Organization
20 and its employees and agents are independent contractors and not
21 employees or agents of City in performing services.
22 11. Compliance with Report of the Special Council Sub-
23 committee. Service Organization will comply with a portion of
24 a report entitled "Report of the Special Council Subcommittee
25 for Social Service Funds" dated February 18 , 1975 , which is on
26 file in the office of the City Clerk of City.
27 I 12. Termination. If Service Organization fails to comply
28 i with any term, condition or provision of this agreement or to
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1 expend or use the funds as provided in this agreement, City may
2 11 terminate this agreement immediately upon mailing written notice
3 i to Service Organization. City may terminate this agreement and
4 any funding to Service Organization for any reason upon ten days
5 written notice by mail to Service Organization.
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6 1 13. Notices. All notices herein required shall be in
7 writing and delivered in person or sent by certified mail, postage:
8 prepaid, addressed as follows :
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g City of San Bernardino Boys ' Club of San Bernardino,
c/o City Administrator Inc.
t0 j, 300 North "D" Street 1180 West 9th Street
San Bernardino, CA 92418 San Bernardino, CA 92411
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The parties have executed this agreement on the '
12 day of 1980.
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CITY OF SAN BERNA NO
l4 ATTEST:
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J/ l�,Gf' � G Ma
16 City Clerk
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S I E RGAN ATIO
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By j
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President
20 B off
21 -Secretary
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Approved as to form:
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24 I City A orney
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26 d
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