HomeMy WebLinkAbout1983-289 I RESOLUTION NO. 83-289
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MERRI-MIXERS RELATING TO FINANCIAL
3 ASSISTANCE FOR THE FISCAL YEAR 1983-1984 .
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 Merri-Mixers relating to financial assistance for
9 the fiscal year 1983-1984 , a copy of which is attached hereto ,
10 marked Exhibit "A" and incorporated herein by reference as fully
11 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 61-h day of �Pp tPT,hPr 1983 , by the following
16 vote, to wit:
17 AYES: Council Members — Rej ll�7, TTr--rnan(9P7. , Miirk,,
18 guail, Frazier
19 NAYS: Nene
20 ABSENT: Councilmen Castaneda, Strickler
21
22 City Clerk
23 The foregoing resolution is hereby approve his day
24 of SP;,tPrnhPr 1983 .
25 a fo t o CityAR51 San Bernardino
26 Approved as to form:
27 /�/- ,l�t�
28 Aty 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 lat San Bernardino, California , between the CITY OF SAN BERNARDINO,
5 a municipal corporation, referred to as "City" , and MERRI-MIXERS,
6 a nonprofit community service organization, referred to as
7 "Service Organization" .
8 City and Service Organization agree as follows :
9 1. Recitals .
10 ( a) 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 provide transportation for
15 the ambulatory developmentally disabled adult with growth
16 promoting experiences designed to achieve normalization and to
17 develop each individual' s capacity through community interaction,
18 development of motor skills and social awareness, and
19 administration of the program.
20 2. Payment. City shall pay to Service Organization the
21 total sum of TWO THOUSAND NINE HUNDRED SIXTY-SEVEN DOLLARS
22 ( $2 ,967 .00 ) for the term of this agreement, payable in twelve
23 monthly installments of TWO HUNDRED FORTY-SEVEN DOLLARS AND
24 TWENTY-FIVE CENTS ( $247 . 25) . Monthly payments for July, August
25 and September shall be payable upon execution of this agreement,
26 and all subsequent payments shall be paid on or before the fifth
27 day of each succeeding month.
28 3. Term. This agreement shall commence July 1, 1983 , an6
1 terminate June 30, 1984.
2 4. Use of Funds. The funds paid to Service Organization
3 shall be used by it solely for the purposes set forth in Paragraph
4 1 (b) of this agreement. A variation in the itemization of costs,
5 as set forth in the proposed budget submitted to City, not to
6 exceed ten percent (10% ) , shall be allowed , provided the prior
7 written approval of the Director of Parks , Recreation and
8 Community Services of City is obtained . At the end of the term,
9 all unexpended funds shall be returned to City by Service
10 Organization.
11 5. Accounting. Prior to the final payment under this
12 agreement, and at such other times as may be requested by the City
13 Administrator or Director of Finance of City, the Service
14 Organization shall submit to the City Administrator, with a copy
15 to the Director of Finance, an accounting of the proposed and
16 actual expenditures of all revenues accruing to the organization
17 for the fiscal year ending June 30, 1984 . Financial records shall
18 be maintained by Service Organization in accordance with generally
19 accepted accounting principles, in a manner which permits City to
20 trace the expenditures of the funds. All books and records of
21 Service Organization are to be kept open for inspection at any
22 time during the business day by the City or its officers or
23 agents .
24 6 . Services Available to Residents. The services of Service
25 Organization shall be made available to residents and inhabitants
26 of the City of San Bernardino. No person shall be denied service
27 because of race , color, creed , or sex. Service Organization shall
28 have and comply with Affirmative Action guidelines in its
-2-
I
I employment practices .
2 7. Approval of City of any Charges. City reserves the right
3 to require Service Organization to obtain the prior written
4 approval of City of any charges or fees to be charged by Service
5 Organization, and of any rules and regulations governing the
6 services .
7 8 . Application for Other Funding. Service Organization must
8 apply for funds from other sources. Evidence of the application
9 shall be made available to City prior to any consideration for
10 further funds for the next fiscal year. Receipt of any revenue
11 from such other sources during this fiscal year must be reported
12 immediately to the Director of Parks , Recreation and Community
13 Services .
14 9. Temporary Withholding. The Director of Parks , Recreation
15 and Community Services, with the concurrence of the Mayor and
16 Common Council , is authorized to temporarily withhold or terminate
17 the payment of funds to Service Organization when the Director
18 determines that any violation of the agreement has occurred .
19 Funds shall be withheld until the violation is corrected to the
20 satisfaction of the Director and Mayor and Common Council .
21 10 . Hold Harmless . Service Organization agrees to indemnify
22 and save harmless the City and its employees and agents from all
23 liabilities and charges , expenses ( including counsel fees ) , suits
24 or losses however occurring , or damages arising or growing out of
25 the use or receipt of funds paid under this agreement, and all
26 operations under this agreement. Payments under this agreement
27 are made with the understanding that the City is not involved in
28 the performance of services or other activities of Service
-3-
I Organization. Service Organization and its employees and agents
2 are independent contractors and riot employees or agents of City.
3 11. Standards . Service Organization agrees to comply with
4 the provisions of "Section 1. Recommendations" , of a portion of a
5 report entitled "Report of the Special Council Subcommittee for
6 Social Service Funds" dated and adopted on February 18, 1975, and
7 on file in the Office of the City Clerk of City, a copy of which
8 has previously been provided to Service Organization.
9 12 . Termination. City shall have the right to terminate
10 this agreement and any funding of Service Organization for any
11 reason by mailing a ten day written notice to Service Organization
12 and this agreement shall terminate ten days after the mailing of
13 such notice.
14 13. Amendment. This agreement may be amended or modified
15 only by written agreement signed by both parties and failure on
16 the part of either party to enforce any provision of this
17 agreement shall not be construed as a waiver of the right to
18 compel enforcement of any provision or provisions.
19 14. Assignment. This agreement shall not be assigned by
20 Service Organization without the prior written consent of City.
21 15. Notices . All notices herein required shall be in
22 writing and delivered in person or sent by certified mail , postage
23 prepaid , addressed as follows :
24 City Administrator Jim Muller, President
City Hall 2122 Chestnut, Apt. 1906
25 300 North "D" Street San Bernardino, CA 92410
San Bernardino, CA 92418
26
27 . . . . . . . . .
28 . . . . . . . . .
-4-
i
1 DATED: 1�e //�&
2 v CITY OF SAN BERNARDI
ATTEST:
3
4 �fj �l/�11��r�,.�j Tei a o r
City Clerk
5
MERRI-MIXERS
6
7 By �..
8 Title
9
Approved as to form:
10
City At orney
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-5-