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81-417
RESOLUTION NO.
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 (SENIOR
CITIZENS). (01-204-252)
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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 Casa Ramona, Inc. relating to financial assistance
9 for the fiscal year 1981-1982 (Senior Citizens), a copy of which
]0 is attached hereto, marked Exhibit "A" and incorporated herein by
11 reference as fully as though set forth at length.
]2 I HEREBY CERTIFY that the foregoing resolution was duly
]3 adopted by the Mayor and Common Council of the City of San
14
Bernardino at an
adjourned regular
meeting thereof, held
IS
on the 24th day of
, 1981, by the fOllowing
September
]6 . vote, to wit:
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AYES:
Council Members Castaneda, Reilly, Hernandez,
]8
Botts, Hudson, Hobbs, Strickler
]9
NAYS:
None
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ABSENT:
None
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~;f.4/~Ab
/' City Clerk
is hereby approved t' ~/~~ay
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Th~O~gOing resolution
~.Lh/, 1981.
24
of
2S
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Approved as to form:
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City A torney
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1
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
10 assistance from City for the fiscal year 1981-1982.
II
(b) Service Organization represents that the
12 expenditures authorized by this agreement are for valid municipal
13 public purposes. The purpose is to inform senior citizens of the
14 benefits and services available to them and to provide a center
15 where they may meet to participate in recreation, educational
16 and other programs.
17
2. Payment. City shall pay to Service Organization the
18 total sum of EIGHT THOUSAND TWO HUNDRED SIXTEEN DOLLARS
19 ($8,216) during the fiscal year at such time or times as
20 determinted by the Finance Director of City in his sole
21 discretion.
3. Term. This agreement shall commence July 1, 1981, and
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23 terminate June 30, 1982.
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4. Use of Funds. The funds paid to Service Organization
25 shall be used by it solely for the purposes set forth in Paragraph
26 l(b) of this agreement. A variation in the itemization of costs,
27 as set forth in the proposed budget submitted to City, not to
28 exceed ten percent (10%) shall be allowed, provided the prior
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written approval of the Director of Human Services of City is
obtained. At the end of the term, all unexpended funds shall be
returned to City by Service 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, the Service
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, 1982. Financial records shall
be maintained by Service 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
Service Organization are to be kept open for inspection at any
time during the business day by the City or its officers or
agents.
6. Services Available to Residents. The services of Service
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. Service Organization shall
have and comply with Affirmative Action guidelines in its
employment practices.
7. Approval of City of any Charges. City reserves the right
to require Service Organization to obtain the prior written
approval of City of any charges or fees to be charged by Service
Organization, and of any rules and regulations governing the
services.
8. Application for Other Funding. Service Organization must
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1 apply for funds from other sources. Evidence of the application
2 shall be made available to City prior to any consideration for
3 further funds for the next fiscal year. Receipt of any revenue
4 from such other sources during this fiscal year must be reported
5 immediately to the Director of Human Services.
6 9. Temporary Withholding. The Director of Human Services,
7 with the concurrence of the Mayor and Common Council, is
8 authorized to temporarily withhold or terminate the payment of
9 funds to Service Organization when the Director determines that
]0 any violation of the agreement has occurred. Funds shall be
II withheld until the violation is corrected to the satisfaction of
]2 the Director and Mayor and Common Council.
]3 10. Hold Harmless. Service Organization agrees to indemnify
]4 and save harmless the City and its employees and agents from all
]5 liabilities and charges, expenses (including counsel fees), suits
]6 or losses however occurring, or damages arising or growing out of
]7 the use or receipt of funds paid under this agreement, and all
]8 operations under this agreement. Payments under this agreement
]9 are made with the understanding that the City is not involved in
20 the performance of services or other activities of Service
21 Organization. Service Organization and its employees and agents
22 are independent contractors and not employees or agents of City.
23 11. Standards. Service Organization agrees to comply with
24 the provisions of "Section 1. Recommendations", of a portion of a
25 report entitled "Report of the Special Council Subcommittee for
26 social Service Funds" dated and adopted on February 18, 1975, and
27 on file in the Office of the City Clerk of City, a copy of which
28 recommendations is attached, marked Exhibit "I" and incorporated
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1 in this agreement by this reference.
2
12. Termination. City shall have the right to terminate
3 this agreement and any funding of Service Organization for any
4 reason by mailing a ten (10) day written notice to Service
5 Organization and this agreement shall terminate ten (10) days
6 after the mailing of such notice. Any remaining unpaid funds
7 shall not be prorated or paid to Service Organization.
8
13. Assignment. Service Organization shall not assign its
9 interest in this agreement without the prior written approval of
10 city.
11
14. Notices. All notices relating to this agreement shall
12 be in writing and delivered in person or sent by certified mail,
13 postage prepaid, addressed as follows:
14
Director of Human Services
Ci ty Hall
300 North "D" Street
San Bernardino, CA 92418
DATED: .JM101'ik ~Ol 3{), 199/
, '
CITY
Casa Ramona, Inc.
1524 West 7th Street
San Bernardino, CA 92410
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18 ATTEST:
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20
ity Clerk
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CASA RAMONA, INC.
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City Attorney
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SECTION I. RECOMMENDATIONS
A. 'Recommendations Governin;; Social Service Contract-Agencies:
The July 1974 "Report of the Human Services Commission on Revenue Shari.lg
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
whenever City funds are to be used as a local matching share.
3) The H=a.Tl Services Director and City Finance Officer shall be
responsible for assuring accuracy and legitimacy of social service
contr-get budget figures prior to approval by Mayor and Council.
4) Monthly itemized expenditure reports shall include amount spent,
to whom, for what purposes. These shall be reviewed quarterly
by Human Services Department and Finance Officer. A copy of
the mo:-,thly bank statement shall be attached.
5) Original budget proposal and the ri:lOnthly'-expenditurerep-orts'sliall
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--nnn _n -,
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' expenditures 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 mIDually.
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EXHIBIT "I"
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10) No fund transfers shall be allowed without written consent by the
pirector of Human Services and the Finance Officer prior to
approval by Mayor and Council.
11) One person (possibly Assistant Dir'3ctor 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 person may serve on the Human Services Commission while he or
she is an officer, board member or employee of a petitioning or
funded v-cganization.
2) No City employee in a position to influellce social service recommenda-
tions may 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-further-recommendeatharCOlmty CotiIfcil ofCcimmutiity'S-etvicesi'epar--
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 (Action 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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