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CIoN OF SAN BERNARD~ - REQU'4T FOR COUNCIL A~ON
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From: Ralph H. Prince
Subject: First and Second Amendments to
Agreement with San Hidalgo
Foundation, Inc.
Dept: City Attorney
Da~: November 22, 1985
Synopsis of Previous Council action:
7- 9-84 Adopted Resolution No. 84-267 aut;10rizing agreement with San Hidalgo
Institute, Inc., relating to a Nutrition for Seniors Program.
11-19-84 Adopted Resolution No. 84-482 authorizing assignment of interest and
delegation of duties from San Hidalgo Institute, Inc., to San Hidalgo
Foundation, Inc.
8-5-85
Adopted Resolution 1:10. 85-308 authorizing a first amendment to agree-
ment relatiny to a two-mont11 extension of the program.
11-12-85 Ways and Means Committee recommended resolution of the unsigned
agreement and tne City's commitment, making certain that any agreement
provide for payment of the employees first.
Recommended motion:
Adopt resolution.
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Signature
Contact person:
nichard aennecke
Phone:
5204
FUNDING REQUIREMENTS:
Yes Ward:
actual
Amount: expenses inclL'reCsource:
First
Sup:)orting data attached:
Finance:
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Council Notes:
75-0262
Agenda Item No. ~C::.
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RESOLUTION NO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION I. The Mayor of the City of San Bernardino is hereby
8 authorized and directed to execute on behalf of said City a
.
9 First and Second Amendment to Agreement effective July 1, 1985,
10 with San Hidalgo Foundation, Inc., relating to a two-month
11 extension of a Nutrition for Seniors Program and providing for
12 compensation to employees by Foundation, copies of which are
13 attache<1' hereto, marked Ejthibi t "A" and "B" respectively and
14 incorporated herein by reference as fully as though set forth at
15 length.
16 SECTION 2. Resolution No. 85-308 is hereby repealed.
11 I HEREBY CERTIFY that the foregoing resolution was duly
18 adopted by the Mayor and Common Council of the City of San
19 Bernardino at a
meeting thereof, held on
20 the
21 to wit:
day of
, 1985, by the following vote,
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23
AYES:
council Members
24 NAYS:
25 ABSENT:
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city Clerk
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The foregoing resolution is hereby approved this
day
, 1985.
5 Approved as to form:
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7 city Att"orney
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Mayor of the City of San Bernardino
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FIRST AMENDMENT TO AGREEMENT
(Nutrition for Seniors Program)
THIS FIRST AMENDMENT TO AGREEMENT, effective July 1, 1985,
is made and entered into this
day of
1985, by and between the CITY OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and SAN HIDALGO FOUNDATION,
INC., a California nonprofit corporation, referred to as
"Foundation".
City and Foundation agree as follows:
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1. Recitals
A. City entered into an agreement with San Hidalgo
Institute, Inc., on August 20, 1984, for the conducting of a
nutrition for seniors program.
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B. San Hidalgo Institute, Inc. assigned its interest in
and delegation of duties under the contract for nutrition for
seniors program to San Hidalgo Foundation, Inc. by document dated
October 25, 1984.
C. City and Foundation desire to amend the agreement to
provide for a two-month extension of the term of the agreement.
2. Amendments
A. Extension of Term. The term of the agreement is
extended for a two-month period, commencing July 1, 1985, and
terminating August 31, 1985.
B. Payment to Foundation. City shall pay to Foundation
during the months of July and August 1985, the actual expenses
incurred by Foundation for all ~osts associated with wages,
utilities, rental of building, and custodial services of building
space, based on invoices and supporting documentation submitted
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to and approved by City. Invoices for salary and fring benefits
will show position, employee name, hourly rate and hours worked
in providing meals per pay period.
3. Liability Claims. The Foundation avers that it knows
of no incidents which have occurred during July and August 1985
which will give rise to any claim for personal injury or property
damage against the Foundation in connection with the nutrition
for seniors program.
4. Other Provisions. All other terms,conditions, and'
provisions of the agreement shall remain the same and be in full
force and effect during this extension.
CITY OF SAN BERNARDINO
ATTEST:
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By
Mayor
City Clerk
SAN HIDALGO
ON, INC.
icer
Approved as to form:
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City Attorney
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1 SECOND AMENDMENT TO AGREEMENT
2 (Nutrition for Seniors program)
3 THIS SECOND AMENDMENT TO AGREEMENT, effective July 1, 1985,
4 is made and entered into this
day of
,
5 1985, by and between the CITY OF SAN BERNARDINO, a municipal
6 corporation, referred to as "City", and SAN HIDALGO FOUNDATION,
7 INC., a California nonprofit corporation, referred to as
8 "Foundation".
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9 City and Foundation agree as follows:
10 1. Recitals.
11
A. City entered into an agreement with San Hidalgo
12 Institute, Inc., on August 20, 1984, for operation of a Nutrition
13 for Seniors Program. Saie agreement has been assigned to
14 Foundation.
15 B. City and Foundation have entered into a First
16 Amendment to Agreement to provide a two-month extension of the
17 Nutrition for Seniors Program.
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C. Foundation will receive payment under said First
19 Amendment to Agreement for costs associated with wages.
20
D. Certain Foundation employees associated with the
21 Nutrition for Seniors Program have not received their wages for
22 work with said program during said two-month extension.
23 2. Payment of Wages. Foundation hereby agrees to compensate
24 all unpaid employees associated with said Nutrition for Seniors
25 program during said two-month extension from payments to
26 Foundation made by the City under the First Amendment to
27 Agreement.
28 3. Other Provisions. All of the terms, conditions, and
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1 provisions of the agreement, as amended, shall remain the same and
2 be in full force and effect during said extension.
CITY OF SAN BERNARDINO
By
Mayor
SAN HIDALGO FOUNDATION, INC.
C l.
By :\\..1.\....\.:::) >- ku~
(presi ent and Executive Officer
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