HomeMy WebLinkAbout1981-416
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RESOLUTION NO.
81-416
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CASA RAMONA, INC. RELATING TO
3 FINANCIAL ASSISTANCE FOR THE FISCAL YEAR 1981-1982 (EMERGENCY
FOOD & MEDICAL). (01-204-252)
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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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 Casa Ramona, Inc. relating to financial assistance
9 for the fiscal year 1981-1982 (Emergency Food & Medical), a copy
10 of which is attached hereto, marked Exhibit "A" and incorporated
11 herein by reference as fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14
Bernardino at an
adjourned regular
meeting thereof, held
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on the
24th day of
September
, 1981, by the following
16 vote, to wit:
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AYES:
Council Members Castaneda, Reilly, Hernandez, Botts,
Hudson, Hobbs, Strickler
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NAYS:
None
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ABSENT:
None
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A.d/L/7/1/&g..;
/ City Clerk
o1.s7~day
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The foregoing resolution is
of ~~, 1981.
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e City of San Bernardino
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Approved as to form:
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A G R E E MEN T
2 (Community service Organization)
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City", and
5 CASA RAMONA, INC., a nonprofit community service organization,
6 referred to as "Service Organization".
7 City and Service Organization agree as follows:
8
1. Recitals.
9
(a) Service Organization has requested financial
]0 assistance from City for the fiscal year 1981-1982.
II
(b) Service Organization represents that the
]2 expenditures authorized by this agreement are for valid municipal
]3 public purposes. The purpose is to operate a comprehensive senior
14 citizens' program including emergency transportation, medical
]5 service and hot meal programs.
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2. Payment. City shall pay to Service Organization the
17 total sum of SEVEN THOUSAND, SEVEN HUNDRED FORTY DOLLARS
18 ($7,740) during the fiscal year at such time or times as
19 determinted by the Finance Director of City in his sole
20 discretion.
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3. Term. This agreement shall commence July 1, 1981, and
22 terminate June 30, 1982.
23
4. Use of Funds. The funds paid to Service Organization
24 shall be used by it solely for the purposes set forth in Paragraph
25 l(b) of this agreement. A variation in the itemization of costs,
26 as set forth in the proposed budget submitted to City, not to
27 exceed ten percent (10%) shall be allowed, provided the prior
28 written approval of the Director of Human Services of City is
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1 obtained. At the end of the term, all unexpended funds shall be
2 returned to City by Service Organization.
3 5. Accounting. Prior to the final payment under this
4 agreement, and at such other times as may be requested by the City
5 Administrator or Director of Finance of City, the Service
6 organization shall submit to the City Administrator, with a copy
7 to the Director of Finance, an accounting of the proposed and
8 actual expenditures of all revenues accruing to the organization
9 for the fiscal year ending June 30, 1982. Financial records shall
10 be maintained by Service Organization in accordance with generally
II accepted accounting principles, in a manner which permits City to
12 trace the expenditures of the funds. All books and records of
13 Service Organization are to be kept open for inspection at any
14 time during the business day by the City or its officers or
15 agents.
16 6. Services Available to Residents. The services of Service
17 Organization shall be made available to residents and inhabitants
18 of the City of San Bernardino. No person shall be denied service
19 because of race, color, creed, or sex. Service Organization shall
20 have and comply with Affirmative Action guidelines in its
21 employment practices.
22 7. Approval of City of any Charges. City reserves the right
23 to require Service Organization to obtain the prior written
24 approval of City of any charges or fees to be charged by Service
25 Organization, and of any rules and regulations governing the
26 services.
27 8. Application for Other Funding. Service Organization must
28 apply for funds from other sources. Evidence of the application
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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 Human Services.
9. Temporary Withholding. The Director of Human Services,
with the concurrence of the Mayor and Common Council, is
authorized to temporarily withhold or 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 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 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 provisions of "Section 1. Recommendations", of a portion of a
report entitled "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
recommendations is attached, marked Exhibit "I" and incorporated
in this agreement by this reference.
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12. Termination. City shall have the right to terminate
2 this agreement and any funding of Service Organization for any
3 reason by mailing a ten (10) day written notice to Service
4 Organization and this agreement shall terminate ten (10) days
5 after the mailing of such notice. Any remaining unpaid funds
6 shall not be prorated or paid to Service Organization.
7
13. Assignment. Service Organization shall not assign its
8 interest in this agreement without the prior written approval of
9 City.
10
14. Notices. All notices relating to this agreement shall
11 be in writing and delivered in person or sent by certified mail,
12 postage prepaid, addressed as follows:
13
Director of Human Services
City Hall
300 North "D" Street
San Bernardino, CA 92418
Casa Ramona, Inc.
1524 West 7th Street
San Bernardino, CA 92410
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)jurfor.. L I. c ';'G, t 1'21
, ,
CITY
DATED:
16
17 ATTEST:
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By
19
City Clerk
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CASA RAMONA, INC.
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Approved as to form:
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RECOlVIMENDA TIONS
SECTION I.
A. 'Recommendations Governing So cial Service Contract' A?;encies:
The July 1974 "Report of the Human Services Commission on Revenue Sharhlg
for Social Services" (page 7) contained certain recommendations concerning
contracts with social service agencies.
This subcommittee's investigation has uncovered the need for certain stricter
controls over these funds. Therefore, where our recommendations do not
coincide with the July 29, 1974 "Report" the following shall prevail:
1) City funds shall be kept in a separate account by the recipient
agency.
2) Federal or State Guidelines shall be required prior to approval
wheroever City funds are to be used as a local matching share.
3) The H=a., Services Director and City Finance Officer shall be
respc"s'.ble for assuring accuracy and legitimacy of social service
contr2'~: ':>udget figures prior to approval by Mayor and Council.
4) Monnu)' i:emized expenditure reports shall include amount spent,
to wlw:'J., for what purposes. These shall be reviewed quarterly
by Hum~n Services Department and Finance Officer. A copy of
the mo;:,;:rJy bank statement shall be attached.
5) Original budget proposal and the rnonthly'cxpenditiIrereports'shall
be compared quarterly by the Human Services Department and th~ '
City Finance Officer,
6) All proposals, expenditure reports and correspondence shall be
countersigned by the appropriate responsible corporate officer,
i. e., President or Treasurer. No per signatures shall be allowed.
7) , 'All checks 'signed against' City fund accounts must -be co~signed-by----
the appropriate corporate official (Board member).
8) Advance signing of checks by the recipient agency shall not be
allowed.
9) Receipts and checks for all' expenditurcs against City funds shall be
subject to examination without notice by the City Finance Officer or
Director of Human Services. All accounts shall be inspected at
least once mmually.
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EXHIBIT "I"
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10) No fund transfers shall be allowed without written consent by the
Director of Human Services and the Finance Officer prior to
approval by- Mayor and Council.
11) One person (possibly Assistant Dir ~ctor of Human Services) in
conjunction with the Finance Officer shall be given responsibility
for assuring compliance with the ['bove items.
12) Unless prior approval to do otherwise has been granted by the Mayor
and Common Council, the stated program in the original proposal
shall be adhered to; without exception, by the recipient agency.
13) Non-compliance or non-cooperation shall be grounds for immediate
suspension of City funds.
B. RecommendatioEs _ 'Regarding Conflict of Interest:
1) No per-soe; :nay serve on the Human Services Commission while he or
she is ",: officer, board member or employee of a petitioning or
funded cc;anization.
2) No City err:ployee in a position to influellce social service recommenda-
tions ;:'12.Y serve on the board of any organization or in any official
capacity for an organization funded directly or indirectly by the City
of San Bernardino.
It is'furtheX' "recommendeathar County Council ofC6h1mutiity ServlCeSrC:pay~--"
immediately to the City the $2,250 which was reportedly spent from City funds
to the County Council of Community Services for administrative overhead and
evaluation of the RSVP. Such an expenditure is specifically prohibited by Federal
Guidelines (A otion Order 4405.53, pgs. 4, 11 - 12) and was never approved
by the Mayor and Council.
Additionally, it is recommended that copies of this report be distributed to our--
area legislators, congressmen, and supervisors as well as those government
agencies funding the County Council of Community Services.
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