HomeMy WebLinkAbout1981-420
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RESOLUTION 1110.
81-420
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH HOME OF NEIGHBORLY SERVICE 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 Home of Neighborly Service 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
~d/-?/4lJ~
/' City Clerk
d7S-da,ay
The foregoing resolution is hereby
of ~~A.4 1981.
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 HOME OF NEIGHBORLY SERVICE, a nonprofit community service
6 organization, referred to as "Service Organization".
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City and Service Organization agree as follows:
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1. Recitals.
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(a) Service Organization has requested financial
]0 assistance from City for the fiscal year 1981-1982.
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(b) Service Organization represents that the
]2 expenditures authorized by this agreement are for valid municipal
]3 public purposes. The purpose is to provide young people with an
]4 alternative to some of the negative aspects of the current "Street
]5 culture" in the City of San Bernardino, and to attract youth to
]6 tutoring and other educational programs and counseling.
]7
2. Payment. City shall pay to Service Organization the
]8
total sum of SIX.THOUSAND EIGHT HUNDRED.NINETEEN DOLLARS
]9
($6,819) during the fiscal year at such time or times as
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determinted by the Finance Director of City in his sole
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discretion.
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3. Term. This agreement shall commence July 1, 1981, and
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terminate June 30, 1982.
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4. Use of Funds. The funds paid to Service Organization
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shall be used by it solely for the purposes set forth in Paragraph
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l(b) of this agreement. A variation in the itemization of costs,
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as set forth in the proposed budget submitted to City, not to
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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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apply for funds from other sources. Evidence of the application
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
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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.
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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
City Hall
300 North "D" Street
San Bernardino. CA 92418
Home of Neighborly Service
839 North Mt. Vernon
San Bernardino. CA 92411
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dcrt~ol ~,I1'Xt
DATED:
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ATTEST:
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B
20
~~h
ity Clerk
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HOME OF NEIGHBORLY SERVICE
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Approved as to form:
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SE_CTION I.
RECOMMENDA nONS
A. . Recommendations Governing Social Service Contract'Agencies:
The July 1974 "Report of the Human Services Commission on Revenue Sharillg
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
wheroe'731:' City funds are to be used as a local matching share.
3) The E=21l Services Director and City Finance Officer shall be
respcn~r"l3 for assuring accuracy and legitimacy of social service
contrE':: :,udget figures prior to approval by Mayor and Council.
4) :tI'Ion:iliy itemized expenditure reports shall include amount spent,
to wlw::-l, for what purposes. These shall be reviewed quarterly
by HUI::a.u Services Department and Finance Officer. A copy of
the mo~,t}-Jy bank statement shall be attached.
5) Original budget proposal and the rilonthly"cxpenditurerepbrts'sliall
be compared quarterly by the Human Services Department and thE! .
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~sigued-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 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.
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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 he 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 grolmds for immediate
suspension of City funds.
B. Recommendatio",,, :c.egarding Conilict of Interest:
1) No per-secc :::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 ",,::ployee in a position to influellce social service recommenda-
tions m2J' serve on the board of any organization or in any official
capacity for an organization funded directly or indirectly by the City
of San Bex'nardino.
It is-furtherrecornmendedlhat' County C01.L.-fcil of Cciin-mutiity Services rcpay~'--
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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