HomeMy WebLinkAbout19- City Attorney C17 OF SAN BERNARD O - REOI )T FOR COUNCIL A )ON
From: JAMES F. PENMAN tR x`",91?4.'M'NDMENT OF AGREEMENT
,, WITH HOME OF NEIGHBORLY SERVICES
Dept: City Attorney 155 y DEC 23 ;- ' 14: 1 c
Date: December 17, 1987
Synopsis of Previous Council action:
Resolutions 87-319 & 87-320 adopted on September 8 , 1987
Recommended motion:
Set date for Home of Neighborly Service Incorporated to be
heard regarding the proposed amendment to its agreement with
City.
Signature
Contact person: LEK von KAESBORG III Phone: 5355
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
y
CIT , OF SAN BERNARDIP01 - REQUE, ' FOR COUNCIL AC' 1'1N
STAFF REPORT
It has come to the City' s attention that operation of a
Day Care Center on property leased to the Home of
Neighborly Service, Inc. (H.N.S. ) represents a tremen-
dous liability exposure to the City. For this reason,
there is a need to amend the Lease Agreement between City
and H.N.S. to require them to maintain liability insurance
in the amount of three million per individual and six
million per incident. Similar requirements have been
added in the agreements with the Diocese of San Bernardino
and the Teddy Bear Tymes Day Care at the X.M.C.A. upon
renewal of each organizations agreement.
In response to a letter from the City Attorney's Office
notifying them of the proposed amendment, H.N.S. has sent
a letter to the City Attorney's Office objecting to the
amendment.
A hearing date therefore needs to be set wherein the Council
can hear objections to their amendment.
75-0264 1"Z -1-7 - ,Y7
i
CITY OF SAl' BERNARDINO 300 NORTH"D"STREET,SAN BERNARDINO.CALIFORNIA 92418
JAMES F. PENMAN
CITY ATTORNEY
17141 384-5355
November 19 , 1987
Home of Neighborly Service
839 No. Mt. Vernon Avenue
San Bernardino, California 92411
Attention: Felton C. Anderson
RE: Lease of Three Temporary Classrooms for Day Care
Center Use
Dear Mr. Anderson:
Please take note that this office will , on or before
December2l , 1987 , request that the mayor and Common
Council amend the insurance requirement set forth
in Section 2 of the above-described lease. Because
of the tremendous liability exposure to the City
arising from your use of the leased structures as a
Day Care Center, it will be requested that the limits
of liability required be increased to $3 ,000 , 000 for
each person injured and $6 ,000 ,000 for each incident.
If you have any questions please contact John Wilson
of my office at 384-5162 .
Sincerely,
JAMES F. PENMAN
City Attorney
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cc: C. Talbott
Wm. Dittler
1
Disbursement of All funds to be decided upon by a council of 7 members comprised
of 3 from the bureaucracy, 3 from the homeless and needy. The Reporter, Cassie
McDuff, shall be the Moderator and deciding vote for disbursement. If acceptable
to the press, they shall present daily the balance of the House account and monthly
the disbursements made.
The Sword
Commander in Chief of
The House ofiYing
P.S. Additional growth in funds shall be used to fix up additional motels or to
help expand and thus provide more rooms for more homeless. Some of these funds
shall then be used to provide 2 meals (at cost) in restaurants for those in the
motels. Again they shall contribute back .
�E3LVcg'
9amlfy an✓al f outfit_) loytams
December 7, 1987
Charles A. Tolbert
Executive Director Non-Profit Organization
Tax-Deductible 501-C3
Executive Board of Directors 839 No. Mt. Vernon Avenue
City of San Bernardino San Bernardino. CA 92411
Felton C. Anderson 300 N. "D" Street (714)885-3491
President San Bernardino, CA 92418
Charles Seymour
Vice President Attention: James F. Penmen, City Attorney
George Aguilar
Treasurer RE: Lease of three temporary classroom for Day
Pat Light Care Center use.
Secretary
Dear Mr. Penmen;
In response to your letter of November 19, 1987,
informing the Home of Neighborly Service of your
intent to request an increase to the limits of
liability, we wish to express our concern. The
Home of Neighborly Service is requesting that
we be granted a waiver of the additional limits
in as much as we have $1 , 000. 000 liability at
present plus our grantee agency, Human Resource
Agency also has $1 , 000. 000 on each child in our
Preschool Program. Our present budget will not
allow us to accomodate any additional cost.
This request that your office is considering
could literally force closure of our program. We
have served the community for better that 17
years and closure of our State-Preschool Program
would effect 90 plus families presently served.
Therefore we respectively request that your office
give every careful consideration for the waiver of
increase limits at this time.
Sincerely,
Charles A. Tolb rt,
Executive Director
CAT/sr
CC. Mrs . Hortense Hunn, Director Head Start/State Preschool
Mr. Felton Anderson, Board President
United Presbyterian .` pwar„n..+ Tj__„