HomeMy WebLinkAbout1981-418
~
1
2
3
4
5
6
7
8
9
]0
11
]2
13
]4
]5
J6
J7
18
J9
20
21
22
23
24
25
26
27
28
,~, "
''',~~-:~~'."
:'D:"::":.::;::~~:"/';~~~~'.J..~~~; ~i~_';''"''''
~
..
.
RESOLUTION NO.
81-418
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH NATIONAL COUNCIL OF NEGRO WOMEN
RELATING TO FINANCIAL ASSISTANCE FOR THE FISCAL YEAR 1981-1982.
(01-204-252)
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an
Agreement with National Council of Negro Women relating to
financial assistance for the fiscal year 1981-1982, a copy of
which is attached hereto, marked Exhibit "A" and incorporated
herein by 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 an
adjourned regular
meeting thereof, held
on the 24th day of
September
, 1981, by the following
vote, to wit:
AYES:
Council Members Castaneda, Reilly, Hernandez,
Botts, Hudson, Hobbs, Strickler
NAYS:
None
ABSENT:
None
~L??/?had
-' City Clerk
The foregoing resolution is hereby approved this
of ~ 1981.
day
Approved as to form:
~Y4,-,~~
~ity At orney
ernardino
_ ',-. .-.:~~ :-.:~~-;.~ '" ':'I'::,1;.~'::;'-,'
.
~ c''-;~-C:,>:;;_/;Jj."T:-~~~~~'-' "-
T~--::..~~ .:'i':. -.~-- "_~_"-~-" ,>,;<:", >j:';'~Il;;:._",:.~":,...t'';:,}\1i,.-....''.',;,~:,:,,,-3:.',Y~;;C''''''':';''''',1:",-.:~ ~;-;.~, <~...,..,.~...", ~'~,f'':'~~'~ ii"'~'"'::'
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
S NATIONAL COUNCIL OF NEGRO WOMEN. a nonprofit community service
6 organization. referred to as "Service Organization".
7 City and Service Organization agree as follows:
8
1. Reci tals.
9
(a) Service Organization has requested financial
10 assistance from City for the fiscal year 1981-1982.
11
(b) Service Organization represents that the
]2 expenditures authorized by this agreement are for valid municipal
]3 public purposes. The purpose is training of males and females
14 between the ages of 14 and 17 in hospital training. library
]S skills and office skills which ultimately can result in
16 permanent employment or an interest for further training in
17 school.
]8
]9 total sum of FIFTEEN THOUSAND ONE HUNDRED FIVE DOLLARS ($15.105)
2. Payment. City shall pay to Service Organization the
20 during the fiscal year at such time or times as determinted by the
21 Finance Director of City in his sole discretion.
22
3. Term. This agreement shall commence July 1. 1981. and
23 terminate June 30. 1982.
4. Use of Funds. The funds paid to Service Organization
24
2S 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
r-
"_'>';-- "."~;.~ ....;..c:/~:...' ;"__~~'~':"_ 'M'C!-";'~'-" ,,__, ~'_:"'.".' :-.' ".-~..'.::~-. ',-: :',:'. ~-.~'::'>
-'>, ' '..~' """ .
1 written approval of the Director of Human Services of City is
2 obtained. At the end of the term, all unexpended funds shall be
3 returned to City by Service Organization.
4 5. Accounting. Prior to the final payment under this
5 agreement, and at such other times as may be requested by the City
6 Administrator or Director of Finance of City, the Service
7 organization shall submit to the City Administrator, with a copy
8 to the Director of Finance, an accounting of the proposed and
9 actual expenditures of all revenues accruing to the organization
10 for the fiscal year ending June 3D, 1982. Financial records shall
11 be maintained by Service Organization in accordance with generally
12 accepted accounting principles, in a manner which permits City to
13 trace the expenditures of the funds. All books and records of
14 Service Organization are to be kept open for inspection at any
15 time during the business day by the City or its officers or
16 agents.
17 6. Services Available to Residents. The services of Service
18 organization shall be made available to residents and inhabitants
19 of the City of San Bernardino. No person shall be denied service
20 because of race, color, creed, or sex. Service Organization shall
21 have and comply with Affirmative Action guidelines in its
22 employment practices.
23 7. Approval of City of any Charges. City reserves the right
24 to require Service Organization to obtain the prior written
25 approval of City of any charges or fees to be charged by Service
26 Organization, and of any rules and regulations governing the
27 services.
28 8. Application for Other Funding. Service Organization must
-2-
" ,
~: ,.-:: ~ .. "! ,'"j'-" ;,:/> ..~
. {,~ .
-'-~,'~;f.it.~:~~;;~';;~:';'j:"f&~':;;~,'~:~- ';~,#7
~'::;:-''':;V'''''''~;!.':~'':;'~~-~~~'4;3:-~~:t.5~-i\'''~;~;;.;~~'\~::'f.':t11~
, .
..
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
10 any violation of the agreement has occurred. Funds shall be
]1 withheld until the violation is corrected to the satisfaction of
12 the Director and Mayor and Common Council.
J3
10. Hold Harmless. Service Organization agrees to indemnify
14 and save harmless the City and its employees and agents from all
15 liabilities and charges, expenses (including counsel fees), suits
16 or losses however occurring, or damages arising or growing out of
17 the use or receipt of funds paid under this agreement, and all
18 operations under this agreement. Payments under this agreement
19 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 "r" and incorporated
-3-
.
'''';:.;~:~;.~ _~:;S.i~'~: -7:~:.', '~-:;~~;; ';~~"7f~:~J:,:" <,:~z-\' ":~"";'- ~(I:"~~~:'T 'r.-_~~~:';'Z~~: ,~'~~':ii~:::~~P;'.'." ,,- ....~'"":,--:,'::~"; "..;~~_'.' -tl;:;:.-~":~.'?_::~;.cIM.~!i"'~~~~..v',~.:J!:~~:~~~, ~'L _~ 1
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
National Council of Negro
Women
341 West 2nd Street,
Suite 6
San Bernardino, CA 92408
15
16
17
DATED:
Cud r, /9/1
/
18
CITY OF SAN BERNARDINO
19
20
21
22
NATIONAL COUNCIL OF NEGRO WOMEN
23
p.
I .
'-.
------\
(//~
;?:.;,
'" N-~ w'
By
24
Title
(j'
25
26
27
28
-4-
.
.c,
(
( ,
.
.
SECTION I. RECOMMENDATIONS
A. 'Recommendations Governin?; Social Service ContractcA?;encies:
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,,-,~al1 Services Director and City Finance Officer shall be
respcnsible for assuring accuracy and legitimacy of social service
contrast ::,udget figures prior to approval by Mayor and Council.
4) Mon:hiy itemized expenditure reports shall include amount spent,
to whc-m., 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 rilOnthli'expenditili':e:rep~ortscsliall'-
be compared quarterly by the Human Services Depart ment 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 mustcbe co-sigoed-by-'c,
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 annually.
-2-
EXHIBIT "I"
, .~
,....
.
. .
'(
(
J
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. Recommendatio"s Regarding Conflict of Interest:
1) No perso!: may serve on the Human Services Commission while he or
she is a!: officer, board member or employee of a petitioning or
funded 0rg;anization.
2) No City employee in a position to influence social service recommenda-
tions Inay 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-recommelideatMt-Couilty CotiJ:fcil ofCommutiitj Scrvlcesfepa~-"-
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 rccommended that copies of this report be -distributed to Qui--
area legislators, congressmen, and supervisors as well as those government
agencies funding the County Council of Community Services.
~. ..-
-3-
L_