Loading...
HomeMy WebLinkAbout32-City Administrator CITY ~F SAN BERNARDINr - RE--- UEST FOR COUNCIL ~CTION From: Shauna Edwins City Administrator Administrator Subject: Agreement between the City and the San Bernardino Community Agains Drugs to provide the sum of $44,500 for Fiscal Year 1990-91 Funding. Dept: Date: July 23, 1990 Synopsis of Previous Council action: Resolution No. 89-319 adopted August 23, 1989 providing the sum of $44,500 for Fiscal Year 1989-90. Recommended motion: Adopt Resolution. ,~//>>/ ~#?'$d' /' Signature Contact person: Shauna Edwins Phone: 5122 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $44,500.00 Source: (Acct, NoJ 001-091-53636 Acct, Oeseri tion San ainst Dru Finance: Council Notes: 75-0262 Agenda Item No_ 3.:2-/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE SAN BERNARDINO COMMUNITY AGAINST DRUGS WHERE THE CITY SHALL PROVIDE THE SAN BERNARDINO COMMUNITY AGAINST DRUGS THE SUM OF $44,500 FOR FISCAL YEAR 1990-91 FUNDING. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City the agreement with the San Bernardino Community Against Drugs whereby the city agrees to provide the sum of $44,500.00 for Fiscal Year 1990-91 funding. A copy of said agreement is attached hereto marked Exhibit "A" and incorporated herein by this reference as fully as though set forth at length. SECTION 2. The agreement shall not take effect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the Agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. This resolution is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of 1990, by the following vote, to wit: ~ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREF"NT BET' "EN CITY OF SAN BERNARDINO 'lD THE SAN BERNARDINO COMMU~ ,Y AGAl. JT DRUGS. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Council Members AYES NAYS ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER CITY CLERK The foregoing resolution is hereby approved this day of , 1990. W. R. HOLCOMB, MAYOR City of San Bernardino 23 Approved as to form and legal content: 24 JAMES F. PENMAN 25 City Attorney 26 27 28 By: 41~ {- 1..P~ 07/23/90 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AgB.!L~M.!LMT (San Bernardino Community Against Drugs) THIS AGREEMENT is made and entered into this day of , 1990, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and THE SAN BERNARDINO COMMUNITY AGAINST DRUGS, a non-profit organization, referred to as "Organization". city and Organization agree as follows: 1. Recitals. A. Organization has requested financial assistance from the City for the 1990-91 fiscal year. B. Organization represents that the expenditures authorized by this agreement are for a valid municipal public purpose. The purpose is to provide activities that will focus attention on and assist in the solution of substance abuse problems by the young people of the community as well as parents and other adults. 2. Pavments. city shall pay to Organization the total sum of FORTY-FOUR THOUSAND FIVE HUNDRED DOLLARS ($44,500.00) for the term of this agreement, payable in eleven installments of THREE THOUSAND SEVEN HUNDRED EIGHT DOLLARS AND THIRTY-THREE CENTS ($3,708.33) each month, and a final installment of THREE THOUSAND SEVEN HUNDRED AND EIGHT DOLLARS AND THIRTY-SEVEN CENTS 07/23/90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BERNARDINO COMMUNITY AGAINST DRUGS. ($3,708.37) . 3. Term. This agreement shall commence July 1, 1990, and terminate June 30, 1991. 4. Use of Funds. The funds paid to organization shall be used by it solely for the purpose set forth in Paragraph IB of this agreement. At the end of the term, all unexpended City funds shall be returned to City by Organization. 5. Accountinq. Prior to the final payment under this agreement, and at such other times as may be requested by the City Administrator or Director of Finance of City, Organization shall submit to the City Administrator, with a copy to the Director of Finance, an accounting of the proposed and actual expenditures of all revenues accruing to the organization for the fiscal year ending June 30, 1991. Financial records shall be maintained by Organization in accordance with generally accepted accounting principles, in a manner which permits City to trace the expenditures of the funds. All books and records of Organization are to be kept open for inspection at any time during the business day by the City or its officers or agents. 6. Reports. Quarterly, and at such other times as may be requested by the city Administrator, organization shall submit to the city Administrator an activity report. This report shall indicate what programs and/or activities have been supported by City funds. Where possible, the number of individuals impacted or using the services should be appropriately noted. Equipment or materials purchased with 07/23/90 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ..__.~~~~~-,~ ~~~"""""",,~, ............... __............. v.-- ~r-:.."-~ .Ll.L..d.\..l.~":"l.\.J.,)..L.l~U .ti.j,.'~LJ J.f1..L wrtJ.\j BERNARDINO COMMUNITY AGAINST DRUGS. City funds should hav~ justi~~cations for the expendituLes. The summary of these reports should be submitted on an annual basis in concurrence with the financial accounting report for the fiscal year. 7. Temporarv withholdina. The City Administrator, with the concurrence of the Mayor and Common Council, is authorized to temporarily withhold or terminate the payment of funds to Organization when the city Administrator determines that any violation of the agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the City Administrator and Mayor and Common Council. 8. Services Available to Residents. The services of Organization shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied service because of race, color, creed, or sex. Organiza- tion shall have and comply with Affirmative Action guidelines in its employment practices. 9. Hold Harmless. Organization agrees to indemnify and save harmless the City and its employees and agents from all liabilities and charges, expenses (including counsel fees), suits or losses however occurring, or damages arising or growing out of the use of receipt of funds paid under this agreement, and all operations under this agreement. Payments under this agreement are made with the understanding that the City is not involved in the performance of services or other activities of Organization. Organization and its employees and agents are independent contractors and not employees or agents 07/23/90 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .n.U~......l.'.U.....J..~~ .Ld......Ln.Ld...d.~ J.l.l.l.... 1........l....L~ UL' .::J.t1..n DL.r\..lIl.n.D.LI..LnV n.LIlLi J.I"lL ":>hn BERNARDINO COMMUNITY ~GAINST DRUGS. of City. 10. Insurance. Organization shall take out and maintain during the life of this Agreement such public liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Organization's or its agents' operations hereunder, whether such operations be by Organization or its agents or by anyone directly or indirectly employed by either Organization of its agents, and the amounts of such insurance shall be as follows: (a) Public Liability Insurance. In an amount not less than $500.000.00 for injuries, including, but not limited to, death, to anyone person and, subject to the same limit for each person, in an amount not less than $500.000.00 on account of anyone occurrence; (b) Property Damage Insurance. In an amount of not less than $50,000 for damage to the property of each person on account of anyone occurrence. (c) Organization shall provide proof of said insurance naming city as an additional insured, to the City Administrator or his/her agent within ten (10) days of the first date a payment is due to organization under the terms herein. 07/23/90 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BERNARDINO COMMUNITY AGAINST DRUGS. 11. Terminatio. for C~~se. City reserves the ~~ght to terminate this agreement and any and all grants and future payments under this agreement in whole or in part at any time before the date of completion of this agreement whenever City determines that Organization has failed to comply with the conditions of this agreement. In the event city seeks to terminate this agreement for cause, City shall promptly notify Organization in writing of the proposed termination and the reasons therefor, together with the proposed effective date. Organization shall be given an opportunity to appear before the Mayor and Common Council at the time at which the Mayor and Common Council are to consider such recommended termination, and shall be given a reasonable opportunity to show cause whey, if any exits, the agreement should not be terminated for cause. Upon determination by the Mayor and Common Council that the contract should be terminated for cause, notice thereof, including reasons for the determination, shall promptly be given to Organization, together with information as to the effective date of the termination. The determination of the Mayor and Common Council as to cause shall be final. 12. Termination for Convenience. City or Organization may terminate this agreement in whole or in part provided both parties agree that the continuation of the project would not produce beneficial results commensurate with further expenditure of funds. In such event, the parties shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. Organization shall not incur new obligations for the terminated portion after the effective date and shall 07/23/90 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BERNARDINO COMMUNITY AGAINST DRUGS. cancel as many outstc,..ding o...~igations as possible. ci ty shall allow Organization full credit for the City's share of the non- cancellable obligations properly incurred by Organization prior to termination. 13. Assiqnment. Organization shall not assign its inte- rest in this agreement without the prior written approval of city. 14. Notices. All notices relating to this agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: City Administrator City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Jerilyn Simpson, Director The San Bernardino Community Against Drugs, Inc. 234 North Arrowhead Avenue San Bernardino, CA 92408 Dated: ATTEST: CITY OF SAN BERNARDINO CITY CLERK W. R. HOLCOMB, MAYOR THE SAN BERNARDINO COMMUNITY AGAINST DRUGS, INC. BY: Approved as to form and legal content: 1 .A- 07/23/90 -6-