HomeMy WebLinkAbout1983-288 �I
1 RESOLUTION NO. 83-288
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
XECUTION OF AN AGREEMENT WITH BOYS' CLUB OF SAN BERNARDINO, INC.
3 RELATING TO FINANCIAL ASSISTANCE FOR 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 Boys' Club of San Bernardino, Inc. relating to
9 financial assistance for fiscal year 1983-1984 , a copy of which is
10 attached hereto, marked Exhibit "A" and incorporated herein by
11 reference as 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, Hernandez, marks,
18 Ouiel Frazier
19 NAYS: None
20 ABSENT: Cnuncilraen Frazier, Stric'Kler
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22 City Clerk
23 The foregoing resolution is hereby approv his day
24 Of September , 1983 .
25 Mayor of nef City o.5eSan Bernardino
Approved as to form:
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City ii torney
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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 BOYS' CLUB OF
6 SAN BERNARDINO, INC. , a nonprofit community service organization,
7 referred to as "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 purpose is to provide space for programs
15 benefiting the youth of the community.
16 2. Payment. City shall pay to Service Organization the
17 total sum of SIXTEEN THOUSAND THREE HUNDRED SIXTY-TWO DOLLARS
18 ( $16 ,362 .00 ) for the term of this agreement, payable in twelve
19 monthly installments of ONE THOUSAND THREE HUNDRED SIXTY-THREE
20 DOLLARS AND FIFTY CENTS ( $1,363 .50 ) . Monthly payments for July,
21 August and September shall be payable upon execution of this
22 agreement, and all subsequent payments shall be paid on or before
23 the fifth day of each succeeding month.
24 3. Term. This agreement shall commence July 1, 1983 , and
25 terminate June 30, 1984 .
26 4. Use of Funds . The funds paid to Service Organization
27 shall be used by it solely for the purposes set forth in Paragraph
28 1 (b) of this agreement . A variation in the itemization of costs ,
I as set forth in the proposed budget submitted to City, not to
2 exceed ten percent (10% ) , shall be allowed , provided the prior
3 written approval of the Director of Parks, Recreation and
4 Community Services of City is obtained . At the end of the term,
5 all unexpended funds shall be returned to City by Service
6 Organization.
7 5. Accounting. Prior to the final payment under this
8 agreement, and at such other times as may be requested by the City
9 Administrator or Director of Finance of City, the Service
10 Organization shall submit to the City Administrator , with a copy
11 to the Director of Finance , an accounting of the proposed and
12 actual expenditures of all revenues accruing to the organization
13 for the fiscal year ending June 30 , 1984 . Financial records shall
14 be maintained by Service Organization in accordance with generally
15 accepted accounting principles , in a manner which permits City to
16 trace the expenditures of the funds . All books and records of
17 Service Organization are to be kept open for inspection at any
18 time during the business day by the City or its officers or
19 agents .
20 6. Services Available to Residents . The services of Service
21 Organization shall be made available to residents and inhabitants
22 of the City of San Bernardino. No person shall be denied service
23 because of race, color, creed , or sex . Service Organization► shall
24 Have and comply with Affirmative Action guidelines in its
25 employment practices .
26 7. Approval of City of any Charges . City reserves the right
27 to require Service Organization to obtain the prior written
28 approval of City of any charges or fees to be charged by Service
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I Organization, and of any rules and regulations governing the
2 services.
3 8 . Application for Other Funding. Service Organization must
4 apply for funds from other sources. Evidence of the application
5 shall be made available to City prior to any consideration for
6 further funds for the next fiscal year . Receipt of any revenue
7 from such other sources during this fiscal year must be reported
8 immediately to the Director of Parks , Recreation and Community
9 Services .
10 9. Temporary Withholding. The Director of Parks, Recreation
11 and Community Services , with the concurrence of the Mayor and
12 Common Council , is authorized to temporarily withhold or terminate
13 the payment of funds to Service Organization when the Director
14 determines that any violation of the agreement has occurred .
15 Funds shall be withheld until the violation is corrected to the
16 satisfaction of the Director and Mayor and Common Council .
17 10 . Hold Harmless . Service Organization agrees to indemnify
18 and save harmless the City and its employees and agents from all
19 liabilities and charges , expenses ( including counsel fees) , suits
20 or losses however occurring , or damages arising or growing out of
21 the use or receipt of funds paid under this agreement, and all
22 operations under this agreement. Payments under this agreement
23 are made with the understanding that the City is not involved irk
24 the performance of services or other activities of Service
25 Organization. Service Organization and its employees and agents
26 are independent contractors and not employees or agents of City.
27 11. Standards. Service Organization agrees to comply with
28 the provisions of "Section 1. Recommendations" , of a portion of a
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1 report entitled "Report of the Special Council Subcommittee for
2 Social Service Funds" dated and adopted on February 18, 1975, and
3 on file in the Office of the City Clerk of City, a copy of which
4 has previously been provided to Service Organization.
5 12 . Termination. City shall have the right to terminate
6 this agreement and any funding of Service Organization for any
7 reason by mailing a ten day written notice to Service Organization
8 and this agreement shall terminate ten days after the mailing of
9 such notice.
10 13 . Amendment. This agreement may be amended or modified
11 only by written agreement signed by both parties and failure on
12 the part of either party to enforce any provision of this
13 agreement shall riot be construed as a waiver of the right to
14 compel enforcement of any provision or provisions.
15 14. Assignment. This agreement shall not be assigned by
16 Service Organization without the prior written consent of City.
17 15. Notices. All notices herein required shall be in
18 writing and delivered in person or sent by certified mail , postage
19 prepaid, addressed as follows :
20 City Administrator Boys' Club of San Bernardino,
City Hall Inc.
21 300 North "D" Street 1180 West 9th Street
San Bernardino, CA 92418 San Bernardino, CA 92411
22 //
DATED:
23 =—T
'r CITY OF SAN BERNARDINO
24 ATTEST:
25 BY
26 City Clerk /061
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1 BOYS' CLUB OF SAN BERNARDINO, INC.
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5 Approved as to form:
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7 ity A orney
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