HomeMy WebLinkAbout1981-422
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RESOLUTION NO.
81-422
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH FAMILY SERVICE AGENCY RELATING TO
3 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 Family Service Agency 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
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Bernardino at an
adjourned regular
meeting thereof, held
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on the
24th day of
, 1981, by the following
September
16 vote, to wit:
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AYES:
Council Members Castaneda, Reilly, Hernandez,
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Botts, Hudson, Hobbs, Strickler
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NAYS: None
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ABSENT: None
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~d&1/.ad
~ City Clerk
The foregoing resolution is hereby approved thO 07~day
of ~4./, 1981.
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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
S FAMILY SERVICE AGENCY, a nonprofit community service organization,
6 referred to as "Service Organization",
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City and Service Organization agree as follows:
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1. Reci tals,
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(a) Service Organization has requested financial
]0 assistance from City for the fiscal year 1981-1982,
(b) Service Organization represents that the
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12 expenditures authorized by this agreement are for valid municipal
13 public purposes. The purpose is counseling and mental health
14 services, transportation to and from medical appointments,
IS assistance with social security problems, home problems, etc.,
16 for senior citizens.
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2. Payment. City shall pay to Service Organization the
18 total sum of TWENTY-TWO THOUSAND EIGHT HUNDRED SIXTY~O DOLLARS
19 ($22,862) 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
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,
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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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
11 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
14 and save harmless the City and its employees and agents from all
]5 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
]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
2] 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
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in this agreement by this reference.
12. Termination. City shall have the right to terminate
this agreement and any funding of Service Organization for any
reason by mailing a ten (10) day written notice to Service
Organization and this agreement shall terminate ten (10) days
after the mailing-of such notice. Any remaining unpaid funds
shall not be prorated or paid to Service Organization.
13. Assignment. Service Organization shall not assign its
interest in this agreement without the prior written approval of
City.
14. Notices. All notices relating to this agreement shall
be in writing and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
Director of Human Services
City Hall
300 North "D" Street
San Bernardino, CA 92418
Family Service Agency
1669 North "E" Street
San Bernardino, CA 92405
DATED:
(j('t~A
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CITY OF SAN BERNARDINO
City Clerk
By
ATTEST:
FAMILY SERVICE AGENCY
Byl~~~~
Title Wf""-'~l^~
Approved as to form:
C7
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S~CTION I. RECOMMENDATIONS
A. "Recommendations Governing Social Service Contract-Agencies: d
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 f=ds shall be kept in a separate account by the recipient
agency.
2) Federal or State Guidelines shall be required prior to approval
whene"a, City funds are to be used as a local matching share.
3) The rt"-'.""n:Ll'J. Services Director and City Finance Officer shall be
respciEible for assuring accuracy and legitimacy of SOCial service
contr2c: ::,udget figures prior to approval by Mayor and Council.
4) :Monthly itemized expenditure reports shall include amount spent,
to whc<::l, for what purposes. These shall be reviewed quarterly
by HUD,,:! Services Department and Finance Officer. A copy of
the mo~,t1-Jy bank statement shall be attached.
5) Original budget proposal and the monthly'-cxpenditurerep-orts-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---m - -- -" "
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 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 persG:1 may serve on the Human Services Commission while he or
she is 3.:1 officer, board member or employee of a petitioning or
funded c:ganization.
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 -recommended- toat- County Council ofC6mfnunitj Serncesrepay~--.
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
Gnidelines (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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