HomeMy WebLinkAbout1983-292 I RESOLUTION NO. 83--292
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AU`T'HORIZING THE
EXECUTION OF AN AGREEMENT WITH WE TIP, INC. TO PROVIDE FOR
3 FUNDING FOR A CRIME PREVENTION AND ABATEMENT PROGRAM.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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 WE TIP, INC. to provide for funding for a crime
9 prevention and abatement program, a copy of which is attached
10 hereto, marked Exhibit "A" and incorporated herein by reference as
11 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 regular meeting thereof , held
15 on the 6th day of September , 1983 , by the following
16 vote, to wit:
17 AYES: Council Members Reilly, Fernandez , r"arks,
18 Quiel, Frazier, Strickler
19 NAYS: None
20 ABSENT: Councilman Castaneda
21
22 City Clerk
23 The foregoing resolution is hereby approved Tti day
24 of September , 1983 .
25 ay r f he ity of n Bernardino
26 Approved as to form:
27
28 City A torney
1 A G R E E M E N T
2 (Community Service Organization)
3 THIS AGREEMENT is entered into effective as of July 1, 1983 ,
4 at San Bernardino, California, between the CITY OF SAN BERNARDINO,
5 a municipal corporation, referred to as "City" , and WE TIP, INC. ,
6 a nonprofit community service organization, referred to as
7 "Service Organization" .
8 City and Service Organization agree as follows :
9 1. Recitals.
10 ( al Service Organization has requested financial
11 assistance from City for the fiscal year 1983-1984 .
12 ( b) Service Organization represents that the
13 expenditures authorized by this agreement are for valid municipal
14 public purposes . The purposes are to assist in a crime
15 prevention and abatement program.
16 2. Payment. City shall pay to Service Organization the
17 total sum of FIVE THOUSAND ONE HUNDRED SIXTY DOLLARS ($5,160 .00)
18 for the term of this agreement , payable in such amounts and at
19 such times prior to June 30, 1984 , as may be approved by the
20 Director of Finance .
21 3 . Term. This agreement shall commence July 1, 1983 , and
22 terminate June 30, 1984 .
23 4. Use of Funds. The funds paid to Service Organization
24 shall be used by it solely for the purposes set forth in Paragraph
25 1 (b) of this agreement.
26 5. Accounting. Prior to the final payment under this
27 agreement, and at such other times as may be requested by the City
28 Administrator or Director of Finance of City, the Service
I Organization shall submit to the City Administrator, with a copy
2 to the Director of Finance , an accounting of the proposed and
3 actual expenditures of all revenues accruing to the organization
4 for the fiscal year ending June 30 , 1984 . Financial records shall
5 be maintained by Service Organization in accordance with generally
6 accepted accounting principles , in a manner which permits City to
7 trace the expenditures of the funds. All books and records of
8 Service Organization are to be kept open for inspection at any
9 time during the business day by the City or its officers or
10 agents .
11 6. Temporary Withholding. The City Administrator, with the
12 concurrence of the Mayor and Common Council , is authorized to
13 temporarily withhold or terminate the payment of funds to Service
14 Organization when the City Administrator determines that any
15 violation of the agreement has occurred . Funds shall be withheld
16 until the violation is corrected to the satisfaction of the City
17 Administrator and Mayor and Common Council .
18 7. Hold Harmless. Service Organization agrees to indemnify
19 and save harmless the City and its employees and agents from all
20 liabilities and charges , expenses ( including counsel fees ) , suits
21 or losses however occurring , or damages arising or growing out of
22 the use or receipt of funds paid under this agreement, and all
23 operations under this agreement. Payments under this agreement
24 are made with the understanding that the City is not involved in
25 the performance of services or other activities of Service
26 Organization. Service Organization and its employees and agents
27 are independent contractors and not employees or agents of City.
28 8 . Termination. City shall have the right to terminate this
-2-
i
I agreement and any funding of Service Organization for any reason
2 by mailing a ten day written notice to Service Organization and
3 this agreement shall terminate ten days after the mailing of such
4 notice.
5 13 . Amendment. This agreement may be amended or modified
6 only by written agreement signed by both parties and failure on
7 the part of either party to enforce any provision of this
8 agreement shall not be construed as a waiver of the right to
9 compel enforcement of any provision or provisions .
10 14 . Assignment. This agreement shall not be assigned by
11 Service Organization without the prior written consent of City.
12 15. Notices . All notices herein required shall be in
13 writing and delivered in person or sent by certified mail , postage
14 prepaid, addressed as follows :
15 City Administrator Mr. Bill Brownell
City Hall We Tip, Inc.
16 300 North "D" Street P. O. Box 740
San Bernardino, CA 92418 Ontario, CA 91761
17
DATED:
18
CITY OF SAN BERNARD
19 ATTEST:
20 B
t yor
21 ity Clerk
22 WE TIP, INC.
23
By�t
z
24
Title FowNO t r_. /VA7ioe1o9L
25
26 Approved as to form:
27 �'4,
28 City A torney
—3—