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RESOLUTION Q
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH FAMILY SERVICE AGENCY RELATING TO FINANCIAL ASSISTANCE FOR
FISCAL YEAR 1987-1988.
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 Family
Service Agency relating to financial assistance for fiscal year 1987-1988, a
copy of which is attached hereto, marked Exhibit "A" and incorporated herein
by reference as fully as though set forth at length.
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
1987, by the following vote, to wit:
AYES: Council Members
day of
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1987.
Mayor of the City of San Bernardino
and legal content:
c2c:2 (
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(Community Service Organization)
THIS AGREEMENT is entered into effective as of July I, 1987, at San
Bernardino, California, between the City of San Bernardino, a municipal
corporation, referred to as "City", and Family Service Agency, a nonprofit
community service organization, referred to as "Service Organization".
City and Service Organization agree as follows:
1. Rec ita 1 s .
(a) Service Organization has requested financial assitance from
City for the fiscal year 1987-1988.
(b) Service Organization represents that the expenditures
authorized by this agreement are for a valid municipal public purpose.
The purpose is to provide counseling and mental health services transportation
to and from medical appointments, assistance with social security problems,
home problems, etc. for senior citizens.
2. Pavment. City shall pay to Service Organization the total sum of
SIXTEEN THOUSAND THREE HUNDRED THIRTY-TWO DOLLARS ($16,332), for the term
of this agreement, payable in twelve monthly installments of ONE THOUSAND
THREE HUNDRED SIXTY-ONE DOLLARS ($1,361). t10nth1y payment for the month of
July shall be payable upon execution of this agreement, and all subsequent
payments shall be paid on or before the 5th day of each succeeding month.
3. Term. This agreement shall cover the period from July I, 1987,
through June 3D, 1988.
4. Use of Funds. The funds paid to Service Organization shall be
used by it solely for the purpose set forth in Paragraph I(b} of this
agreement and in accordance with the budget submitted to the City. A variatio
in the itemization of costs, as set forth in the proposed budget, not to
exceed ten percent (10%), shall be allowed, provided the prior written
approval of the Director of Parks, Recreation and Community Services of City
Exhibit "A"
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is obtained. At the e~of the term, all~expended funds shall be return~
to City by Service Organization.
5. Accounting. 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, the Service 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, 1988. Financial records shall be
maintained by Service 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 Service Organization are to be kept
open for inspection at any time during the business day by the City or its
officers or agents.
6. Services Available to Residents. The services of Service
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, age, or sex. Service Organization shall have and comply with
Affirmative Action guidelines in its employment practices.
7. Approval of City of any Charges. City reserves the right to require
Service Organization to obtain the prior written approval of City of any
charges or fees to be charged by Service Organization, and of any rules and
regulation governing the services.
8. Application for Other Funding. No Service Organization will be
funded by the City for more than a total of three years. Service Organization
must apply for funds from other sources. Evidence of the application shall be
made available to City prior to any consideration for further funds for the
next fiscal year. Receipt of any revenue from such other sources during
this fiscal year must be reported immediately to the Director of Parks,
Recreation and Community Services.
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9. Temporary Withholding.
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The Director of Parks, Recreation and
Community Services, with the concurrence of the Mayor and Common Council,
is authorized to temporarily withhold to terminate the payment of funds to
Service Organization when the Director determines that any violation of the
agreement has occurred. Funds shall be withheld until the violation is
corrected to the satisfaction of the Director and Mayor and Common Council.
10. Hold Harmless. Service Oganization 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 or 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 Service
Organization. Service Organization and its employees and agents are
independent contractors and not employees or agents of City.
11. Standards. Service Organization agrees to comply with the
prov i s ions of "Sect i on 1. Recommenda t ions" , of a port i on of a report ent it 1 ed
"Report of the Special Council Subcommittee for Social Service Funds" dated
and adopted on February 18, 1975, and on file in the Office of the City Clerk
of City, a copy of which has previously been provided to Service Organization.
All references to Human Services Department and/or Director are now referred
to as "Parks, Recreation and Community Services Department and/or Director".
12. Termination. City shall have the right to terminate this agreement
and any funding of Service Organization for any reason by mailing a ten day
written notice to Service Organization and this agreement shall terminate
ten days after the mailing of such notice.
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13. Amendment. ~s agreement may g amended or modified only by 0
written agreement signed by both parties and failure on the part of eithl'l'
party to enforce any provision of this agreement shall not be construed as
a waiver of the right to compel enforcement of any provision of provisions.
14. Assignment. This agreement shall not be assigned by Service
Organization without the prior written consent of City.
15. Notices. All notices herein required shall be in writing and
delivered in person or sent by certified mail, postage prepaid, addressed
as follows:
City Administrator
City Hall
300 North "0" Street
San Bernardino, CA 92418
Family Service Agency
1669 North "E" Street
San Bernardino, CA 92405
DATED
ATTEST:
CITY OF SAN BERNARDINO
By
City Clerk
Mayor
FAMILY SERVICE AGENCY
By
Title
and legal content:
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7/29/87