HomeMy WebLinkAbout1983-285 1 RESOLUTION NO. 33-285
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CASA RAMONA, INC. RELATING TO
3 FUNDING FOR FISCAL YEAR 1983-1984 (SENIOR CITIZENS) .
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 Casa Ramona, Inc. relating to funding for fiscal
9 year 1983-1984 , a copy of which is attached hereto, marked Exhibit
10 "A" and incorporated herein by reference as fully as though set
11 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 i 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: Councilmen Castaneda Strickler
21
22 City Clerk
23 The foregoing resolution is hereby approv isr day
24 of September , 1983 .
25 P y r-tr City oSan Bernardino
26 Approved as to form:
27 4
28 City A 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 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 purposes are to inform senior citizens of
15 the benefits and services available to them and to provide a
16 center where they may meet to participate in recreation,
17 educational and other programs.
18 2 . Payment. City shall pay to Service Organization the
19 total sum of EIGHT THOUSAND TWO HUNDRED NINE DOLLARS ( $8 ,209.00 )
20 for the term of this agreement, payable in eleven monthly
21 installments of SIX HUNDRED EIGHTY-FOUR DOLLARS AND EIGHT CENTS
22 ( $684 .08 and one final payment of SIX HUNDRED EIGHTY-FOUR DOLLARS
23 AND TWELVE CENTS ( $684.12) . Monthly payments for July, August and
24 September shall be payable upon execution of this agreement, and
25 all subsequent payments shall be paid on or before the fifth day
26 of each succeeding month.
27 3. Term. This agreement shall commence July 1, 1983 , and
28 terminate June 30, 1984 .
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1 4. Use of Funds. The funds paid to Service Organization
2 shall be used by it solely for the purposes set forth in Paragraph
3 1 (b) of this agreement. A variation in the itemization of costs,
4 as set forth in the proposed budget submitted to City, not to
5 exceed ten percent (l00 ) , shall be allowed , provided the prior
6 written approval of the Director of Parks , Recreation and
7 Community Services of City is obtained . At the end of the term,
8 all unexpended funds shall be returned to City by Service
9 Organization.
10 5. Accounting. Prior to the final payment under this
11 agreement, and at such other times as may be requested by the City
12 Administrator or Director of Finance of City, the Service
13 Organization shall submit to the City Administrator, with a copy
14 to the Director of Finance , an accounting of the proposed and
15 actual expenditures of all revenues accruing to the organization
16 for the fiscal year ending June 30, 1984 . Financial records shall
17 be maintained by Service Organization in accordance with generally
18 accepted accounting principles , in a manner which permits City to
19 trace the expenditures of the funds . All books and records of
20 Service Organization are to be kept open for inspection at any
21 time during the business day by the City or its officers or
22 agents .
23 6. Services Available to Residents . The services of Service
24 Organization shall be made available to residents and inhabitants
25 of the City of San Bernardino. No person shall be denied service
26 because of race , color, creed , or sex. Service Organization shall
27 have and comply with Affirmative Action guidelines in its
28 employment practices .
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1 7. Approval of City of any Charges. City reserves the right
2 to require Service Organization to obtain the prior written
3 approval of City of any charges or fees to be charged by Service
4 Organization, and of any rules and regulations governing the
5 services .
6 8. Application for Other Funding. Service Organization must
7 apply for funds from other sources . Evidence of the application
8 shall be made available to City prior to any consideration for
9 further funds for the next fiscal year. Receipt of any revenue
10 from such other sources during this fiscal year must be reported
11 immediately to the Director of Parks, Recreation and Community
12 Services .
13 9. Temporary withholding. The Director of Parks , Recreation
14 and Community Services , with the concurrence of the Mayor and
15 Common Council, is authorized to temporarily withhold or terminate
16 the payment of funds to Service Organization when the Director
17 determines that any violation of the agreement has occurred .
18 Funds shall be withheld until the violation is corrected to the
19 satisfaction of the Director and Mayor and Common Council .
20 10. Hold Harmless. Service Organization agrees to indemnify
21 and save harmless the City and its employees and agents from all
22 liabilities and charges , expenses ( including counsel fees ) , suits
23 or losses however occurring , or damages arising or growing out of
24 the use or receipt of funds paid under this agreement, and all
25 operations under this agreement. Payments under this agreement
26 are made with the understanding that the City is not involved in
27 the performance of services or other activities of Service
28 Organization. Service Organization and its employees and agents
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I are independent contractors and not employees or agents of City.
2 11 . Standards . Service Organization agrees to comply with
3 the provisions of "Section 1. Recommendations" , of a portion of a
4 report entitled "Report of the Special Council Subcommittee for
5 Social Service Funds" dated and adopted on February 18 , 1975 , and
6 on file in the Office of the City Clerk of City, a copy of which
7 has previously been provided to Service Organization.
8 12. Termination. City shall have the right to terminate
9 this agreement and any funding of Service Organization for any
10 reason by mailing a ten day written notice to Service Organization
11 and this agreement shall terminate ten days after the mailing of
12 such notice.
13 13. Amendment. This agreement may be amended or modified
14 only by written agreement signed by both parties and failure on
15 the part of either party to enforce any provision of this
16 agreement shall not be construed as a waiver of the right to
17 compel enforcement of any provision or provisions .
18 14 . Assignment. This agreement shall not be assigned by
19 Service Organization without the prior written consent of City.
20 15. Notices . All notices herein required shall be in
21 writing and delivered in person or sent by certified mail , postage
22 prepaid , addressed as follows :
23 City Administrator Casa Ramona, Inc.
City Hall 1524 West 7th Street
24 300 North "D" Street San Bernardino, CA 92410
San Bernardino, CA 92418
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DATED:
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' CITY OF SAN BERNAR N
27 ATTEST:
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M y o r
"City Clerk
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I CASA RAMONA, INC.
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7 City lZtorney
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