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HomeMy WebLinkAbout27-City Administrator .a. - - .u - . CIT:P OF SAN BERNARDINb> - R.QUEST J,lY 0 FoicOUNCIL ACTION From: James E. Robbins Deputy City Administrator City Administrator Su~~: San Bernardino Community Against Drugs 1989-90 Agreement. Dept: Date: August 11, 1989 Synopsis of Previous Council action: Resolution adopted and signed on September 19, 1988. Recommended motion: Adopt resolution. f~~n {;~,~ ( Signature Contact person: James E. Robbins Phone: 5122 Supporting data attached: Staff Report Ward: FUNDING REQUIREMENTS: Amount: 'i't, ,'>--0"0 Source: (Acct. No.) :lor 09/ S 3{,36 (Acct. DescriPtion) Finance: ( ~~J {),-~~ Council Notes: 75.0262 Agenda Item No. !!J ~7 ~ - - . '0 0 0 0 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Several years ago, San Bernardino Community Against Drugs was formed and has received funding from the City. While the scope of activities continues to expand, the request for city funds has stayed at the same level, $44,500. In order to make payment of funds already budget, an agreement is appropriate. The the entering into agreement is attached. same as in years past. provided for in the Resolution authorizing The agreement is the It is respectfully recommended that you adopt a resolution authorizing the Mayor to enter into agreement with San Bernardino Community Against Drugs. 75.0264 '0 21 22 23 24 25 26 27 28 - o '0 o 1 2 RESOLUTION NO. 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN CITY OF $AN BERNARDINO AND THE 4 SAN BERNARDINO COMMUNITY AGAINST DRUGS WHERE THE CITY SHALL PROVIDE THE SAN BERNARDINO COMMUNITY AGAINST DRUGS THE SUM OF 5 $44,500 FOR FI~CAL YEAR 1989-90 FUNDING. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION ,1 The Mayor of the City of San Bernardino 8 9 is hereby authorized and directed to execute on behalf of said 10 City the agreement with the San Bernardino Community Against 11 Drugs whereby the City agrees to provide the sum of $44,500.00 12 for Fiscal Year 1989-90 funding. A copy of said agreement is 13 attached hereto marked Exhibit "A" and incorporated herein by 14 this reference as fully as though set forth at length. SECTION 2 The agreement shall not take effect until 15 16 fully signed and executed by both parties. The City shall not be 17 obligated hereunder unless and until the Agreement is fully 18 executed and no oral agreement relating thereto shall be implied or authorized. 19 SECTION 3 This resolution is rescinded if the parties 20 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 , 1989, by the fOllowing vote, to wit: IIII IIII JFP:dd August 9, 1989 1 . '0 1 o o o 2 RESOLUTION OF THE CITY OF SAN BERNARFINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY AND THE SAN BERNARDINO 3 COMMUNITY AGAINST DRUGS FOR PROVIDING FUNDING OF $44,500 FOR FISCAL YEAR 1989-90. 4 5 6 7 8 9 10 11 12 13 14 15 AYES: Council Members NAYS ABSENT City Clerk The foregoing resolution is hereby approved this day of , 1989. W. R. Holcomb, Mayor 16 City of San Bernardino 18 17 Approved as to form and legal content: 19 20 21 22 23 24 25 26 27 28 JAMES F. PENMAN City Attorney fI 2 By: 'f'a1...., -; ;/Cwn.><-. U JFP:dd August 9, 1989 2 '0 o ~ o 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 A G R E E MEN T --------- (San Bernardino Community Against Drugs) THIS AGREEMENT is made and entered into this day of , 1989, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City," and THE SAN BERNARDINO COMMUNITY AGAINST DRUGS, a nonprofit organization, referred to as "Organization." City and Organization agree as follows: 1. Recitals. A. Organization has requested financial assistance from City for the 1989-1990 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 pro- blems by the young people of the community as well as parents and other adults. 2. Payment. City shall pay to Organization the total sum of FORTY-FOUR THOUSAND FIVE HUNDRED DOLLARS (S44,500.00) for the term of this agreement, payable in eleven installments of THREE THOUSAND SEVEN HUNDRED EIGHT DOLLARS AND THIRTY-THREE CENTS ($3,708.33), and one final installment of THREE THOUSAND SEVEN HUNDRED EIGHT DOLLARS AND THIRTY-SEVEN CENTS ($3,708.37). The payments shall be made by the tenth of each month. 3. Term. This agreement shall commence July 1, 1989, and terminate June 30, 1990. JFP:mg August 9, 1989 1 . 4 ~ -~ ~ ~ - ~ o o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 ~ 26 27 28 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. 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, 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, 1989. 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 City funds should have justifications for the expenditures. The summary or these reports should be submitted on an annual basis in concurrence with the financial accounting report for the fiscal year. JFP:mg August 9, 1989 2 ~ . ~ -- ~ - - - o o o 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 7. Temporary Withholding. 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. Organization shall have and comply with Affirmation 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 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 JFP:mg August 9, 1989 3 . ..L -0 - o o ..:> 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 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. 11. Termination for Cause. City reserves the right 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 condi tions of this agreement. In the event Ci ty 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 JFP:mg August 9, 1989 4 . '0 - o o o 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 Common Council are to consider such recommended termination, and shall be given a reasonable opportunity to show cause why, 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 cancel as many outstanding obligations as possible. City shall allow Organization full credit for the City's share of the non- cancellable obligations properly incurred by Organization prior to termination. 13. Assignment. Organization shall not assign its interest in this agreement without the prior written approval of City. 14. Notices. All notices relating to this agreement shall JFP:mg August 9, 1989 5 '0 - - o '0 o 1 2 be in writing and delivered in person or sent by certified mail, 3 postage prepaid, addressed as follows: 4 5 6 7 8 9 10 11 12 13 14 15 City Administrator City of San Bernardino 300 North "D" street .San Bernardino, CA 92418 Dated: ATTEST: City Clerk 16 17 18 '1 I' 19 . ~ :; i."~>-<..... 20fJ-ty Attorney / Approved as to form and legal content: 21 22 23 24 25 26 27 28 JFP:mg August 9, 1989 6 Jerilyn Simpson, Director The San Bernardino Community Against Drugs, Inc. 234 N. Arrowhead Avenue San Bernardino, CA 92408 CITY OF SAN BERNARDINO BY W.R. Holcomb, Mayor THE SAN BERNARDINO COMMUNITY AGAINST DRUGS, INC. BY