HomeMy WebLinkAbout22-City Attorney
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CI,e OF SAN BERNARDI. - REQUEe FOR COUNCI~_
From: Ralph H. Prince
Subject:
Funding For The San Bernardino
Community Against Drugs
Dept: City Attorney
Date: June 26, 1986
Synopsis of Previous Council action:
6/16/86
The Mayor and Common Council approved funding for the
San Bernardino Community Against Drugs in the amount of
$44,500 from the City's General Fund.
Recommenlied motion:
Adopt resolution.
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Signature
Contact person:
william Sabourin
Phone:
5055
Supporting data attached:
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount: $44.500
Source: General Fund ''II'' -/"7
Finance: /J ev--c! ^ .--(
Council Notes:
75-0262
Agenda Item N.-J~.
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE I
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO COMMUNITY AGAINSi
3 DRUGS RELATING TO FUNDING FOR THE FISCAL YEAR 1986-1987.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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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 The San Bernardino Community Against Drugs relating
9 to funding for the fiscal year 1986-1987, a copy of which is
10 attached hereto, marked Exhibit "A" and incorporated herein by
11 reference as fully as though set 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
meeting thereof, held on
15 the
day of
, 1986, by the following vote,
16 to wit:
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18
AYES:
Council Members
19 NAYS:
20 ABSENT:
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24 of
City Clerk
The foregoing resolution is hereby approved this
day
, 1986.
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26 Approved as to form:
Mayor of the City of San Bernardino
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28 City Attorney
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A G R E E MEN T
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(San Bernardino Community Against Drugs)
THIS AGREEMENT is made and entered into this
day of
, 1986, between the CITY OF SAN BERNARDINO, a
5 municipal corporation, referred to as "City," and THE SAN
6 BERNARDINO COMMUNITY AGAINST DRUGS, a nonprofit organization,
7 referred to as "Organization."
8 City and organization agree as follows:
9 1. Recitals.
10
A. Organization has requested financial assistance from
11 City for the 1986-1987 fiscal year.
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B. organization represents that the expenditures
13 authorized by this agreement are for a valid municipal public
14 purpose. The purpose is to provide activities that will focus
15 attention on and assist in the solution of substance abuse
16 problems by the young people of the community as well as parents
17 and other adults.
18 2. Payment. City shall pay to organization the total sum of
19 FORTY-FOUR THOUSAND FIVE HUNDRED DOLLARS ($44,500.00) for the term
20 of this agreement, payable in eleven installments of THREE
21 THOUSAND SEVEN HUNDRED EIGHT DOLLARS AND THIRTY-THREE CENTS
22 ($3,708.33), and one final installment of THREE THOUSAND SEVEN
23 HUNDRED EIGHT DOLLARS AND THIRTY-SEVEN CENTS ($3,708.37). The
24 payments shall be made by the tenth of each month.
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3.
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This agreement shall commence July 1, 1986, and
terminate June 30, 1987.
27 4. Use of Funds. The funds paid to organization shall be
28 used by it solely for the purpose set forth in paragraph lB of
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1 this agreement. At the end of the term, all unexpended funds
2 shall be returned to City by organization.
3 5. Accounting. Prior to the final payment under this
4 agreement, and at such other times as may be requested by the City
5 Administrator or Director of Finance of City, organization shall
6 submit to the City Administrator, with a copy to the Director of
i Finance, an accounting of the proposed and actual expenditures of
8 all revenues accruing to the organization for the fiscal year
9 ending June 30, 1987. Financial records shall be maintained by
10 organization in accordance with generally accepted accounting
11 principles, in a manner which permits City to trace the
12 expenditures of the funds. All books and records of Organization
13 are to be kept open for inspection at any time during the business
14 day by the City or its officers or agents.
15 6. Temporary Withholding. The City Administrator, with the
16 concurrence of the Mayor and Cornmon Council, is authorized to
17 temporarily withhold or terminate the payment of funds to
18 organization when the City Administrator determines that any
19 violation of the agreement has occurred. Funds shall be withheld
20 until the violation is corrected to the satisfaction of the City
21 Administrator and Mayor and Cornmon Council.
22 7. services Available to Residents. The services of
23 organization shall be made available to residents and inhabitants
24 of the City of San Bernardino. No person shall be denied service
25 because of race, color, creed, or sex. organization shall have
26 and comply with Affirmative Action guidelines in its employment
27 practices.
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8.
Hold Harmless.
organization agrees to indemnify and save
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1 harmless the City and its employees and agents from all
2 liabilities and charges, expenses (including counsel fees), suits
3 or losses however occurring, or damages arising or growing out of
4 the use or receipt of funds paid under this agreement. and all
5 operations under this agreement. payments under this agreement
6 are made with the understanding that the City is not involved in
i the performance of services or other activities of Organization.
8 organization and its employees and agents are independent
9 contractors and not employees or agents of City.
10 9. Termination. City shall have the right to terminate this
11 agreement and any funding of organization for any reason by
12 mailing a ten day written notice to organization and this
13 agreement shall terminate ten days after the date of such notice.
14 Any remaining unpaid funds shall not be prorated or paid to
15 organization.
16 10. Assignment. organization shall not assign its interest
Ii in this agreement without the prior written approval of City.
18 11. Notices. All notices relating to this agreement shall
19 be in writing and delivered in person or sent by certified mail,
20 postage prepaid, addressed as follows:
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City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Jerilyn simpson, Director
234 N. Arrowhead Avenue
San Bernardino, CA 92408
DATED:
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25 ATTEST:
CITY OF SAN BERNARDINO
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By
Mayor
27 City Clerk
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THE SAN BERNARDINO COMMUNITY
AGAINST DRUGS
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By
Approved as to form:
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