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HomeMy WebLinkAbout1983-286 i I RESOLUTION NO. 83-286 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CASA RAMONA, INC. RELATING TO 3 FINANCIAL ASSISTANCE FOR FISCAL YEAR 1983-1984 ( FOOD & MEDICAL PROGRAM) . 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERVARDINO 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 Casa Ramona, Inc. relating to financial assistance 9 for 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 6th day of Sentember 1983 , by the following 16 vote, to wit: 17 AYES: Council Members Reilly Hernandez Mark, 18 Quiel , Frazier_ 19 NAYS : None 20 ABSENT: Councilmen Castaneda Strickler 21 22 City Clerk 23 The foregoing resolution is hereby approved - _- day 24 Of Se?otember , 1983 . 25 Ma or of the ity qjKSan Bernardino 26 Approved as to form: 27 28 City ti 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 Sari Bernardino, California, between the CITY OF SAN BERNARDINO, 5 a municipal corporation, referred to as "City" , and CASA RAMONA, 6 INC. , 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 purpose is to operate a comprehensive senior 15 citizens ' program including emergency transportation, medical 16 service and hot meal programs. 17 2 . Payment. City shall pay to Service Organization the 18 total sum of SEVEN THOUSAND EIGHT HUNDRED SIXTY-SIX DOLLARS 19 ( $7 ,866 . 00 ) for the term of this agreement, payable in twelve 20 monthly installments of SIX HUNDRED FIFTY-FIVE DOLLARS A14D FIFTY 21 CENTS ( $655. 50) . Monthly payments for July, August and September 22 shall be payable upon execution of this agreement, and all 23 subsequent payments shall be paid on or before the fifth day of 24 each succeeding month. 25 3 . Term. This agreement shall commence July 1 , 1983 , and 26 terminate June 30, 1984 . 27 4. Use of Funds . The funds paid to Service Organization 28 shall be used by it solely for the purposes set forth in Paragraph 1 1 (b) of this agreement. A variation in the itemization of costs , 2 as set forth in the proposed budget submitted to City, not to 3 exceed ten percent (10% ) , shall be allowed , provided the prior 4 written approval of the Director of Parks , Recreation and 5 Community Services of City is obtained . At the end of the term, 6 all unexpended funds shall be returned to City by Service 7 Organization. 8 5. Accounting. Prior to the final payment under this 9 agreement, and at such other times as may be requested by the City 10 Administrator or Director of Finance of City, the Service 11 Organization shall submit to the City Administrator, with a copy 12 to the Director of Finance , an accounting of the proposed and 13 actual expenditures of all revenues accruing to the organization 14 for the fiscal year ending June 30, 1984 . Financial records shall 15 be maintained by Service Organization in accordance with generally 16 accepted accounting principles , in a manner which permits City to 17 trace the expenditures of the funds . All books and records of 18 Service Organization are to be kept open for inspection at any 19 time during the business day by the City or its officers or 20 agents. 21 6 . Services Available to Residents . The services of Service 22 Organization shall be made available to residents and inhabitants 23 of the City of San Bernardino. No person shall be denied service 24 because of race , color, creed , or sex. Service Organization shall 25 have and comply with Affirmative Action guidelines in its 26 employment practices . 27 7. Approval of City of any Charges. City reserves the right 28 to require Service Organization to obtain the prior written -2- I approval of City of any charges or fees to be charged by Service 2 Organization, and of any rules and regulations governing the 3 services . 4 8. Application for Other Funding. Service Organization must 5 apply for funds from other sources . Evidence of the application 6 shall be made available to City prior to any consideration for 7 further funds for the next fiscal year. Receipt of any revenue 8 from such other sources during this fiscal year must be reported 9 immediately to the Director of Parks , Recreation and Community 10 Services . 11 9 . Temporary Withholding. The Director of Parks, Recreation 12 and Community Services, with the concurrence of the Mayor and 13 Common Council , is authorized to temporarily withhold or terminate 14 the payment of funds to Service Organization when the Director 15 determines that any violation of the agreement has occurred . 16 Funds shall be withheld until the violation is corrected to the 17 satisfaction of the Director and Mayor and Common Council . 18 10 . 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 11 . Standards . Service Organization agrees to comply with -3- I the provisions of "Section 1. Recommendations" , of a portion of a 2 report entitled "Report of the Special Council Subcommittee for 3 Social Service Funds" dated and adopted on February 18 , 1975 , and 4 on file in the Office of the City Clerk of City, a copy of which 5 has previously been provided to Service Organization. 6 12 . Termination. City shall have the right to terminate 7 this agreement and any funding of Service Organization for any 8 reason by mailing a ten day written notice to Service Organization 9 and this agreement shall terminate ten days after the mailing of 10 such notice . 11 13 . Amendment. This agreement may be amended or modified 12 only by written agreement signed by both parties and failure on 13 the part of either party to enforce any provision of this 14 agreement shall riot be construed as a waiver of the right to 15 compel enforcement of any provision or provisions . 16 14 . Assignment. This agreement shall not be assigned by 17 Service Organization without the prior written consent of City. 18 15. Notices . All notices herein required shall be in 19 writing and delivered in person or sent by certified mail , postage 20 prepaid, addressed as follows : 21 City Administrator Casa Ramona, Inc. City Hall 1524 West 7th Street 22 300 North "D" Street San Bernardino, CA 92410 San Bernardino, CA 92418 23 DATED: /9 24 CITY OF SAN BERNA 25 ATTEST: P 26 � y Mayor 27 'City Clerk 28 . . . . . . . . . . -4- CASA RAMONA, INC. 2 _w 8y,,,.r 3 4 5 Approved as to form: 6 7 City ttornel� 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5-