HomeMy WebLinkAbout1983-278 I RESOLUTION NO. 83--270
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CASA RAMONA, INC. , TO PROVIDE FOR
3 THE OPERATION OF A DROP-IN CENTER LOCATED AT 1524 WEST 7TH STREET,
SAN BERNARDINO, CALIFORNIA.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BER14ARDINO 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. , to provide for the operation of
9 a drop-in center located at 1524 West 7th Street, San Bernardino,
10 California, a copy of which is attached hereto , marked Exhibit "A"
11 and incorporated herein by reference as fully as though set forth
12 at length.
13 SECTION 2. The Agreement authorized by this resolution shall
14 not take effect until fully signed and executed by both parties .
15 Neither party shall be obligated hereunder unless and until the
16 Agreement is fully executed and no oral agreement relating thereto
17 shall be implied or authorized .
18 I HEREBY CERTIFY that the foregoing resolution was duly
19 adopted by the Mayor and Common Council of the City of San
20 Bernardino at a regular meeting thereof, held
21 on the 15th day of Aucxust 1983 , by the following
22 vote, to wit:
23 AYES : Council Members Castaneda, Reilly, Hernandez ,
24 Alarks , Frazier, Strickler
25 NAYS: None
26 ABSENT: Councilman Quiel
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28 City Clerk
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I The foregoing resolution is hereby approved this /2jX day
2 of August 1983 .
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4 Mayo o t ity of Sa Bernardino
5 Approved as to form:
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7 City torne
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1 A G R E E M E N T
2 (Drop-In Center)
3 THIS AGREEMENT is made and entered into this day of
4 , 1983 , by and between the CITY OF SAN BERNARDINO,
5 a munilipal corporation, ( "City" ) , and CASA RAMONA, INC. , a
6 California nonprofit corporation, ( "Casa Ramona" ) .
7 The parties agree as follows :
8 1. Recitals .
9 ( a) City has in the past operated a drop-in center known
10 as the "Ramona Drop-In Center" located at 1524 West 7th Street, in
11 San Bernardino, California , which drop-in center Casa Ramona now
12 proposes to operate on behalf of the City.
13 (b) Casa Ramona has submitted to City a proposal for the
14 operation of the drop-in center, which proposal is set forth in a
15 letter dated July 27, 1983 , addressed to Ms. Lorraine Velarde ,
16 Administrative Assistant, with a "first draft" of a drop-in center
17 budget with a total budget amount of $40 ,501 .00 . Said letter and
18 budget are annexed hereto as Exhibit I and incorporated herein by
19 reference .
20 (c) City agrees that the budget is reasonable , and
21 desires that Casa Ramona undertake the operation of the center as
22 of September 1, 1983 .
23 2. Implementation.
24 (a) The parties hereto agree that, effective
25 September 1 , 1983 , Casa Ramona shall undertake the operation of
26 the drop-in center and provide the services specified in Exhibit
27 1.
28 ( b) Casa Ramona agrees that it will provide all services
1 specified in Exhibit 1 , and other services appropriate to the
2 operation of a drop-in center.
3 ( c) The term of this contract shall be for one year ,
4 commencing September 1, 1983 , and expiring August 31 , 1984 ,
5 subject to termination, however, by either party upon 30 days
6 written notice , with or without cause .
7 3. Method of Payment.
8 City agrees to pay to Casa Ramona actual costs of
9 operation, not to exceed the sum of $40 ,501 .00, in equal monthly
10 payments , commencing with September, 1983 , upon presentation of an
11 invoice establishing the expenses of Casa Ramona incurred for or
12 to be incurred for the operation of the center for each particular
13 month. In no event shall the total amount payable under this
14 Agreement exceed the amount of $40,501 . 00 . Casa Ramona agrees to
15 make its records and books available to City for inspection and
16 audit at any reasonable time. Only expenses incurred for and
17 related to the operation of the drop-in center shall be paid for
18 by the City under the terms of this Agreement.
19 4 . Discrimination.
20 Casa Ramona agrees that the activities of Casa Ramona
21 funded under this Agreement and all employment offered by Casa
22 Ramona under this Agreement shall be free of discrimination based
23 upon race, color, creed , sex or national origin. Casa Ramona
24 shall comply with affirmative action guidelines in its employment
25 practices .
26 5 . hold Harmless .
27 Casa Ramona shall hold City, its elective and appointive
28 boards , officers , agents and employees harmless from any liability
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I for damage or claims for damage for personal injury, including
2 death , as well as from claims for property damage which may arise
3 from Casa Ramona' s operations under this Agreement, whether such
4 operations be by Casa Ramona or by any persons directly or
5 indirectly employed by, or acting as agent for, Casa Ramona . Casa
6 Ramona shall defend City and its elective and appointive boards ,
7 officers , agents and employees from any suits or actions at law or
8 in equity for damages caused , or alleged to have been caused , by
9 reason of any of the aforesaid operations .
10 6. Insurance .
11 Casa Ramona shall , prior to the commencement of the term
12 hereof , provide City with a certificate of insurance and an
13 additional insured endorsement evidencing a policy of public
14 liability and property damage insurance with a company
15 satisfactory to City, which policy shall have a combined single
16 limit of not less than $500,000. 00, and shall name City as an
17 additional insured. The certificate shall state that Casa
18 Ramona' s insurance will be primary to any insurance coverage City
19 may have in effect. All evidence of insurance required hereunder
20 shall be in a form satisfactory to City and shall contain an
21 endorsement to the effect that no change or cancellation in the
22 terms thereof shall be effective unless at least 10 days written
23 notice thereof has been given the City.
24 7 . Notices .
25 All notices herein required shall be in writing and
26 delivered in person or sent by first class mail , postage prepaid
27 addressed as follows :
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I City of San Bernardino Casa Ramona, Inc .
City Administrator' s Office 1524 West 7th Street
2 300 North "D" Street San Bernardino, CA 92411
San Bernardino, CA 92418
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4 8. Validity.
5 The invalidity in whole or in part of any provision of
6 this Agreement shall not void or affect the validity of any other
7 provision of this Agreement .
8 IN WITNESS WHEREOF, the parties hereto have executed this
9 Agreement on the day and year first above written.
10 CITY OF SAN BERNARDI
ATTEST:
11 oor
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12 ? /, /l i? Mayo
ity Clerk
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CASA RAMONA, INC.
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By
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Approved as to form:
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City y torney
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