Loading...
HomeMy WebLinkAbout29- City Attorney C11 OF SAN BERNARDI 'O - REOU[ T FOR COUNCIL AC ]ON JAMES F. PENMANCr ° } IkNDMENT OF AGREEMENT From: WITH HOME OF NEIGHBORLY SERVICES Dept: City Attorney D `3 Y" 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. -7 Signature Contact person: LEK von KAESBORG III Phone: 5355 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Notes: Anando Ifam Nn CIT. OF SAN BERNARDIV - REQUEf FOR COUNCIL ACT'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 Y.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 CITY OF SAl BERNARDINO 300 NORTH"D"STREET,SAN BERNARDINO,CALIFORNIA 92418 JAMES F. PENMAN CITY ATTORNEY (714)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 . gincerely, JAMES F. PENMAN City Attorney /JFP:JFW:mw cc : C. Talbott Wm. Dittler rr�r gamily and qjoutfx JAoq%ami December 7, 1987 Charles A. Tolbert Non-Profit Organization Executive Director Tax-Deductible 501-C3 839 No. Mt. Vernon Avenue Executive Board of Directors Clty Of Sari Bernardino San Bernardino, CA 92411 (714)885-3491 Felton C. Anderson 300 N• "D" Street President San Bernardino, CA 92418 Charles Seymour Vice President Attention: James F. Penmen, City Attorney George Aguilar RE: Lease of three temporary classroom for Day Treasurer Care Center use. Pat Light 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, C Charles A. Tolb rt, Executive Director CAT/sr CC. Mrs. Hortense Hunn, Director Head Start/State Preschool Mr. Felton Anderson, Board President United Presbyterian Settlement House ♦ __�___ • _ __ _ ___