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HomeMy WebLinkAbout1983-287 i 1 RESOLUTION NO. 83-287 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FAMILY SERVICE AGENCY RELATING TO 3 FUNDING 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 Family Service Agency relating to funding for 9 fiscal year 1983-1984 , a copy of which is attached hereto , marked 10 Exhibit "A" and incorporated herein by reference as fully as 11 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 6t}1 day of SentemhPr 1983 , by the following 16 vote , to wit: 17 AYES: Council Members Reilly, Hernandez , '.arks,` 18 Ouiel, Frazier 19 NAYS: None 20 ABSENT: Council-men Cast-ane-da ., Stri rlcl Pr 21 T �lr°11 - •' i 22 —� City Clerk 23 The foregoing resolution is hereby approved t day 24 of S Tiem'r�e r 19 8 3 . �— 25 Nj f lie ity o an Bernardino 26 Approved as to form: 27 28 City Vtorney I 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 FAMILY SERVICE' 6 AGENCY, 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 counseling and mental health 15 services , transportation to and from medical appointments, 16 assistance with social security problems, home problems, etc . , 17 for senior citizens. 18 2. Payment. City shall pay to Service Organization the 19 total sum of TWENTY-TWO THOUSAND FOUR HUNDRED FORTY-EIGHT DOLLARS 20 ( $22 ,448 .00 ) for the term of this agreement , payable in eleven 21 monthly installments of ONE THOUSAND EIGHT HUNDRED SEVENTY DOLLARS 22 AND SIXTY-SIX CENTS ( $1 ,870 .66) and one final installment of 23 ONE THOUSAND EIGHT HUNDRED SEVENTY DOLLARS AND SEVENTY-FOUR CENTS 24 ( $1,870 .74) . Monthly payments for July, August and September 25 shall be payable upon execution of this agreement, and all 26 subsequent payments shall be paid on or before the fifth day of 27 each succeeding month. 28 3. Term. This agreement shall commence July 1, 1983 , and I 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 (l00 ) , shall be allowed , provided the prior 7 written approval of the Director of Parks , Recreation and g 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 lg 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 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 not 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 Family Service Agency City Hall 1669 North "E" Street 25 300 North "D" Street San Bernardino, CA 92405 San Bernardino, CA 92418 26 DATED: 27 s 28 . . . . . -4- 1 CITY OF SAN DERNARDI ATTEST: 1p 2 3 „��r�'/�1 �� � yor City Clerl,,: 4 FAMILY SERVIC , AGENCY 5 6 B Jar ., 7 Titl 8 Approved as to form: 9 10 City lAtorney 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5-