HomeMy WebLinkAbout1981-421
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RESOLUTION NO.
81-421
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH INLAND AREA URBAN LEAGUE RELATING
3 TO FINANCIAL ASSISTANCE FOR THE FISCAL YEAR 1981-1982.
(01-204-252)
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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 Inland Area Urban League relating to financial
9 assistance for the fiscal year 1981-1982, a copy of which is
10 attached hereto, marked Exhibit "A" and incorporated herein by
11 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
IS
on the
24th day of
September
, 1981, by the following
16 vote, to wit:
17
AYES:
Council Members Castaneda, Reilly, Hernandez,
18
Botts, Hudson, Hobbs, Strickler
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NAYS:
None
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ABSENT: None
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/' City Clerk
~5'da.ay
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of
The~. oregoing resolution
~~~, 1981.
is hereby
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Approved as to form:
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City A orney
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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 INLAND AREA URBAN LEAGUE, a nonprofit community service
6 organization, referred to as "Service Organization".
7 City and Service Organization agree as follows:
8
9
1. Recitals.
(a) Service Organization has requested financial
10 assistance from City for the fiscal year 1981-1982.
11
(b) Service Organization represents that the
12 expenditures authorized by this agreement are for valid municipal
13 public purposes. The purpose is a motivational work experience
14 program for high school students, designed to develop positive
IS attitudes and responsibilities toward work and education.
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2. Payment. City shall pay to Service Organization the
17 total sum of TWENTY-TWO THOUSAND SEVEN HUNDRED EIGHTY-FOUR
]8 DOLLARS ($22,784) during the fiscal year at such time or times as
19 determinted by the Finance Director of City in his sole
20 discretion.
21
3. Term. This agreement shall commence July 1, 1981, and
22 terminate June 3D, 1982.
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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
11 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 ave 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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1 shall be made available to City prior to any consideration for
2 further funds for the next fiscal year. Receipt of any revenue
3 from such other sources during this fiscal year must be reported
4 immediately to the Director of Human Services.
5 9. Temporary Withholding. The Director of Human Services,
6 with the concurrence of the Mayor and Common Council, is
7 authorized to temporarily withhold or terminate the payment of
8 funds to Service Organization when the Director determines that
9 any violation of the agreement has occurred. Funds shall be
10 withheld until the violation is corrected to the satisfaction of
]1 the Director and Mayor and Common Council.
12 10. Hold Harmless. Service Organization agrees to indemnify
13 and save harmless the City and its employees and agents from all
14 liabilities and charges, expenses (including counsel fees), suits
IS or losses however occurring, or damages arising or growing out of
]6 the use or receipt of funds paid under this agreement, and all
17 operations under this agreement. Payments under this agreement
18 are made with the understanding that the City is not involved in
19 the performance of services or other activities of Service
20 Organization. Service Organization and its employees and agents
21 are independent contractors and not employees or agents of City.
22 11. Standards. Service Organization agrees to comply with
23 the provisions of "Section 1. Recommendations", of a portion of a
24 report entitled "Report of the Special Council Subcommittee for
25 Social Service Funds" dated and adopted on February 18, 1975, and
26 on file in the Office of the City Clerk of City, a copy of which
27 recommendations is attached, marked Exhibit "r" and incorporated
28 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.
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13. Assignment. Service Organization shall not assign its
8 interest in this agreement without the prior written approval of
9 City.
14. Notices. All notices relating to this agreement shall
11 be in writing and delivered in person or sent by certified mail,
10
13
Director of Human Services
City Hall
300 North "D" Street
San Bernardino, CA 92418
OJ:. 1, /1t/
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12 postage prepaid, addressed as follows:
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DATED:
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17 ATTEST:
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19
City Clerk
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24 pproved as to form:
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Inland Area Urban League
1622 West Baseline Street
San Bernardino, CA 92411
CITY OF SAN BERNARDINO
LEAGUE
INLAND AREA
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SECTION I.
RECOMMENDA TIONS
A. 'Recommendations Governing Social Service Contract-Af(encies:
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
whenever City funds are to be used as a local matching share.
3) The rt"-'.-::a.T1 Services Director and City Finance Officer shall be
responsIble for assuring accuracy and legitimacy of social service
contra':: budget figures prior to approval by Mayor and Council.
4) Monthly itemized expenditure reports shall include amount spent,
to who.!:)., for what purposes. These shall be reviewed quarterly
by Human Services Department and Finance Officer. A copy of
the mo:-,tply bank statement shall be attached.
5) Original budget proposal and the monthly"-expenditurerelforts'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 sball 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 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
pirector of Human Services and the Finance Qfficer 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 otherwi:ie has been g~anted 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 ar, officer, board member or employee of a petitioning or
funded c::-ganization.
2) No City employee in a position to influence 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-furtherrecommended-thtlr County Cotiri-cil ofComfnutiity'S-ervIcesrepaY=---.
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 oui--
area legislators, congressmen, and supervisors as well as those government
agencies funding the County Council of Community Services.
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