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CI,o OF SAN BERNARDIO>> - REQU~ FOR COUNCIL AC~N
From:
t~ayor Evlyn Wilcox
Mayor's Offi ce
Subject: Termination Clauses of San Bernardino
Community Against Drugs, Inc.,
Service Agency Agreement.
Dept:
Date: July 15, 1986
Synopsis of Previous Council action:
Resolution establishing funding for San Bernardino Community Against
Drugs, Inc., Service Agency Agreement reviewed 7/7/86. Continued for
purpose of clarifying "Termination Cl~uses" to agreement.
Recommended motion:
That the above Resolution be adopted with attached Termination Clauses,
Pages 3, 4, & 5.
#L~!-?1~
Contact person:
Mayor W;lc-ox
Phone: 5051
Ward:
Supporting data attached:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75.0262
Agenda Item No,_
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CIt9 OF SAN BERNARDIO - REQUE(J' FOR COUNCIL AC'C))N
STAFF REPORT
Attached, for your consideration, are suggested substitute pages
3, 4 & 5 for the San Bernardino Community Against Drugs Service
Agency Agreement.
The Termination Clauses in paragraph 9 and 10 are written the
same as those used in the Community Development Block Grant
contracts.
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1
RESOLUTION NO. ?t.Ol! '1
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE-SAN BERNARDINO COMMUNITY AGAINS
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:
5
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 wAw and incorporated herein by
11 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 ~~ day of
to wit:
, 1986, by the following vote,
AYES: Council
/
NAYS: ~ . ". .
ABSENT: t~IyYJ,~L Ytuuw
SHAUNA CLARK
City Clerk
of
EVLYN WILCOX
Mayor of the City of San Bernardino
resolution is hereby approved this
day
, 1986.
Approved as to form:
RALPH H. PlUNOlI
City Attorney
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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
7 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 for Cause. City reserves the rig~t to
11 terminate this agreement and any and all grants and future
12 payments under this agreement in whole or in part at any tiae.
13 before the date of completion of this agreement whenever City
14 determines that organization has failed to comply with the
15 conditions of this agreement. In the event City seeks to
16 terminate this agreement for cause, City shall promptly nQtify
17 organization in writing of the proposed termination and the
18 reasons therefor, together with the proposed effective date.
19 organization shall be given an opportunity to appear before the
20 Mayor and Common Council at the time at which the Mayor and Common
21 council are to consider such recommended termination, and shall be
22 given a reasonable opportunity to show cause why, if any exists,
23 the agreement should not be terminated for cause. upon
24 determination by the Mayor and Common Council that the contract
25 should be terminated for cause, notice thereof, including reasons
26 for the determination, shall promptly be given to Organization,
27 together with information as to the effective date of the
28 termination. The determination of the Mayor and Common Council as
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1 to cause shall be final.
2 10. Termination for Convenience. City or organization may
3 terminate this agreement in whole or in part provided both parties
4 agree that the continuation of the project would not produce
5 beneficial results commensurate with further expenditure of funds.
6 In such event, the parties shall agree upon the termination
7 conditions, including the effective date and, in the case of
8 partial terminations, the portion to be terminated. organization
9 shall not incur new obligations for the terminated portion after
10 the effective date and shall cancel as many outstanding
11 obligations as possible. City shall allow organization full
12 credit for the City's share of the non-cancellable obligations
13 properly incurred by organization prior to termination.
14 11. Assignment. organization shall not assign its interest
15 in this agreement without the prior written approval of City.
16 12. Notices. All notices relating to this agreement shall
17 be in writing and delivered in person or sent by certified mail,
18 postage prepaid, addressed as follows:
19
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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 N. Arrowhead Avenue
San Bernardino, CA 92408
22 DATED:
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ATTEST:
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CITY OF SAN BERNARDINO
By
Mayor
City Clerk
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1 THE SAN BERNARDINO COMMUNITY
AGAINST DRUGS, INC.
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3 By
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5 Approved as to form:
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7 City Attorney
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