HomeMy WebLinkAbout10-City Administrator
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CITY OF SAN BERNSDINO - REQUEST FA COUNCIL ACTION
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Fred wilson
Assistant city Administrator
Subject:
Merri Mixers Agreement
Dept:
November 27, 1990
Date:
Synopsis of Previous Council action:
11/13/90 __ Recommended for approval by Ways and Means Committee.
Recommended motion:
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Adopt resolution.
Signature
Contact person:
Fred Wilson
Phone:
5122
Supporting data attached: yes
Ward:
FUNDING REQUIREMENTS: Amount:
1,000
Source: (Acct. No.1
001-091-53662
(Acct. Descriotion)
Civic & promotional /
Finance:~ _/
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Council Notes:
Agenda Item NO-'ll..--
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CITY OF SAN BERNSDINO - REQUEST FA COUNCIL ACTION
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STAFF REPORT
The city of San Bernardino has budgeted $120,000 in CUltural
Development fee proceeds to assist qualifying non-profit
organizations for activities relating to the enhancement and
support of City-wide cultural programming events of benefit
and interest to a broad segment of city residents.
The following organizations submitted Requests for FUnding
proposals for FY 1990/91 to the ways and Means Committee:
Merri-Mixers ($1,000)1 Women of Achievement ($1,565)1 Inland
Empire Hispanic Chamber of Commerce ($20,000)1 Black Culture
Foundation ($7,535)1 and $29,900 for a 4th of July
celebration at Seccombe Lake Park.
The Merri-Mixers organization was recommended for Mayor and
Council approval at this time. The remaining 4 will be
considered for funding after the mid-year Budget review.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF
EXECUTION OF AN AGREEMENT WITH
RELATING TO FINANCIAL ASSISTANCE
FUND FOR FISCAL YEAR 1990-91.
SAN BERNARDINO AUTHORIZING THE
THE ~I-MIXERS ORGANIZATION
FROM THE CIVIC AND PROMOTION
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
an Agreement with the Merri-Mixers organization, a copy of which
is attached hereto, marked Exhibit "A" and incorporated herein
by reference as fully as though set forth at length.
SECTION 2.
The authorization to execute the above-
referenced agreement is
rescinded if the parties to the
16 agreement fail to execute it within sixty (60) days of the
17 passage of this resolution.
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19 I HEREBY CERTIFY that the foregoing resolution was duly
20 adopted by the Mayor and Common Council of the City of San
21 Bernardino at a meeting thereon, held on the
22 day of ' 1990, by the following vote,
23 to wit:
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHOR1:i.J.l.III.> 'J.'nL
EXECUTION OF ~GREEMENT WITH THE MERRI-~ERS ORGANIZATION
RELATING TO FI~NCIAL ASSISTANCE FROM THE\.tVIC AND PROMOTION
FUND FOR FISCAL YEAR 1990-91.
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COUNCIL MEMBERS
AYES
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ABSTAIN
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ESTRADA
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
10 MILLER
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CITY CLERK
The foregoing resolution is hereby approved this
day of
, 1990.
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22 Approved as to form
and legal content:
23 JAMES F. PENMAN
City Attorney
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10/03/90 -2-
W. R. HOLCOMB, MAYOR
City of San Bernardino
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AGREEMENT
Civic and promotional
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City", and
the Merri-Mixers, a non-profit organization, referred to as
"organization".
The parties agree as follows:
1. Recitals
A. organization has requested financial assistance
from city for the fiscal year 1990-91, in order to assist in
defraying the expense of certain events or activitives sponsored
by organization as set forth in organization's Request for
FUnding proposal (hereinafter "the proposal") recommended for
approval by the ways and Means Committee of the city, a copy of
which proposal is on file in the Office of the City
Administrator. The terms of the proposal are incorporated
herein by reference . and shall govern the uses of the funds
provided herein. The financial assistance provided for in this
agreement is made on a one-time basis, and receipt of said funds
shall not imply a continuing obligation of the city beyond the
terms of this Agreement.
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AGREEMENT WIT~E MERRI-MIXERS.
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B. The expenditure is for a valid municipal public
purpose, to wit: provide transportation for the ambulatory
developmentally disabled adult with growth promoting experiences
designed to achieve normalization and to develop each
individual's capacity through community interaction, development
of motor skills and social awareness and administration of the
program.
2. pavment upon presentation of a claim to the city
Finance Director, city shall pay to organization from the budget
for the 1990-91 fiscal year, the total sum of one thousand
dollars ($1,000) to cover the costs per the Request for Funding
application agreement.
3. Use of Funds The funds paid to organization shall
be used solely for the purposes set forth in paragraph 1 and in
strict compliance with the provisions set forth in the proposal.
No deviation from the proposal shall be made without the .express
approval of the city of San Bernardino. said funds shall be
expended by June 30, 1991 and any unexpended funds shall be
returned to the city by organization.
4. Accountinq organization shall provide the informat-
ion listed under the Actual Column on the Request for FUnding
form within 60 days of the event or program completion and
forward completed form to the city Administrator Office for
review by the Ways and Means committee. At such time or times
as may be requested by the city Administrator or Director of
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AGREEMENT WITH a MERRI-MIXERS.
Finance of city, organization
Administrator, with a copy' -to
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shall submit
the Director of
to the city
Finance, an
accounting of the actual expenditures of all revenues accruing
to the organization for the fiscal year ending June 30, 1991.
Financial records shall be maintained in accordance with
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generally accepted accounting principles by organization in such
a manner as to permit city to easily 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.
5. Hold Harmless organization covenants and agrees to
defend, indemnify, and hold 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 or receipt of the funds paid
hereunder and all operations under this agreement. payments
hereunder 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 are not employees or agents of the
city in performing said services.
6. Termination city shall have the right to terminate
this Agreement and any funding remaining unpaid hereunder for
any reason by mailing a ten-day written notice to organization
and this agreement shall terminate ten days after the mailing of
such notice. In the event this Agreement is terminated for
reasons of improper use of funds or use of funds for any purpose
other than those authorized, any unexpended portion of the funds
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AGREEMENT WITHc:rE
provided by city
MERRI-MIXERS.
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to c~ty.
In addition,
shall be returned
Organization shall reimburse to city any funds expended which
were used for any purposes other than those authorized under
this Agreement.
7. Assianment
organization shall not assign its inter-
est in this Agreement without the prior written approval of
city.
8. 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,
permittee and its agents performing acts covered by this
Agreement 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 or
its agents, and the amounts of such insurance shall be as
follows:
(a) Public Liability Insurance. In an amount not less
than $100,000 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 $100,000 on account of any
one occurrence;
(b) Property Damage Insurance. In an amount of not
less than $50,000 for damage to the property of each person on
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AGREEMENT WITH ~ MERRI-MIXERS.
account of anyone occurrence.
city shall be set forth as an additional named insured
in each policy of insurance provided hereunder.
9. organization hereby covenants that it has taken all
actions necessary to make the adherence to the obligations
imposed by
this agreement
binding obligation of the
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organization.
10. Notices
All notices herein required shall be in
10 writing and delivered in person or sent by certified mail,
11 postage prepaid, addressed as follows:
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As to city:
As to organization:
city Administrator
300 North "0" street
San Bernardino, Ca
92418
Merri-Mixers
3135 Herrington
San Bernardino, CA 92405
Attn: Linda Muller
11. Entire Aareement
This Agreement and any documents
or instruments attached hereto or referred to herein integrate
all terms and conditions mentioned herein or incidental hereto,
and supersede all negotiations and prior writing in respect to
the subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and any such
document or instrument, the terms and conditions of this
Agreement shall prevail.
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AGREEMENT WITH 1C) MERRI-MIXERS.
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ATTEST:
Rachel Krasney
city Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
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CITY OF SAN BERNARDINO, a
Municipal corporation of
state of California
W. R. Holcomb, Mayor
city of San Bernardino
MERRI-MIXERS ORGANIZATION
Director
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