HomeMy WebLinkAbout1983-383
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RESOLUTION NO. 81-1R3
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH FRAZEE COMMUNITY CENTER RELATING TO
FUNDING FOR THE REMAINING 1983-1984 FISCAL YEAR.
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 Frazee Community Center relating to funding for the
remaining 1983-1984 fiscal year, 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 a
reqular
meeting thereof, held
on the 7th
day of
November
, 1983, by the following
vote, to wit:
AYES:
Council Members
Castaneda. Pel 1] v. H<'!rni'lnc1"z,
!1arks. Quiel , Fraz; er
NAYS:
None
ABSENT:
Counc; 1 Ilember strickler
~"<<~~
/ C~ty er
of
The foregoing resolution is
Novemher
, 1983.
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 effective as of November 1,
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4 1983, at San Bernardino, California, between the CITY OF SAN
5 BERNARDINO, a municipal corporation, referred to as "City", and
6 FRAZEE COMMUNITY CENTER, a nonprofit community service
7 organization, referred to as "Service Organization".
8 City and Service Organization agree as follows:
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1. Recitals.
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(a) Service Organization has requested financial
11 assistance from City for the remaining 1983-1984 fiscal year.
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(b) Service Organization represents that the
13 expenditures authorized by this agreement are for a valid
14 municipal public purpose. The purpose is providing emergency
15 assistance of food, clothing, medical and referrals.
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2. Payment. City shall pay to Service Organization the
17 total sum of SEVEN THOUSAND DOLLARS ($7,000.00) for the term of
18 this agreement, payable in eight monthly installments of EIGHT
19 HUNDRED SEVENTY-FIVE DOLLARS ($875.00). The November payment
20 shall be paid within ten days after execution of this agreement.
21 All subsequent payments shall be paid on or before the fifth day
22 of each succeeding month.
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3. Term. This agreement shall commence November 1, 1983,
24 and terminate June 30, 1984.
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4. Use of Funds. The funds paid to Service Organization
26 shall be used by it solely for the purposes set forth in paragraph
27 lIb) of this agreement. A variation in the itemization of costs,
28 as set forth in the proposed budget submitted to City, not to
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1 exceed ten percent (10%), as to any particular item or items,
2 shall be allowed, provided the prior written approval of the
3 ,Director of Parks, Recreation and Community Services of City is
4 lobtainedl however, the total amount provided for shall not be
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5 :increased. At the end of the term, all unexpended funds shall be
6 'returned to City by Service Organization.
5. Accounting. Prior to the final payment under this
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iagreement, and at such other times as may be requested by the City
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~dministrator or Director of Finance of City, the Service
brganization shall submit to the City Administrator, with a copy
i
ito the Director of Finance, an accounting of the proposed and
'actual expenditures of all revenues accruing to the organization
13 ,for the fiscal year ending June 30, 1984. Financial records shall
14 Ibe maintained by Service Organization in accordance with generally
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15 :,accepted accounting principles, in a manner which permits City to
16 trace the expenditures of the funds. All books and records of
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17 Service Organization are to be kept open for inspection at any
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itime during the business day by the City or its officers or
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~gents.
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6. Services Available to Residents. The services of Service
.
21 Organization shall be made available to residents and inhabitants
22 bf the City of San Bernardino. No person shall be denied service
23
24 have and comply with Affirmative Action guidelines in its
because of race, color, creed, or sex. Service Organization shall
.
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employment practices.
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7.
Approval of City of any Charges.
City reserves the right
27 to require Service Organization to obtain the prior written
28 ppproval of City of any charges or fees to be charged by Service
29 Qrganization, and of any rules and regulations governing the
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1 services.
2 8. Application for other Funding. Service Organization must
3 apply for funds from other sources. Evidence of the application
4 shall be made available to City prior to any consideration for
5 further funds for the next fiscal year. Receipt of any revenue
6 from such other sources during this fiscal year must be reported
7 immediately to the Director of Parks, Recreation and Community
8 Services.
9 9. Temporary Withholding. The Director of parks,Reareation
10 and Community Services, with the concurrence of the Mayor and
11 Common Council, is authorized to temporarily withhold or terminate
12 the payment of funds to Service Organization when the Dir~ctor
13 determines that any violation of the agreement has occurred.
14 Funds shall be withheld until the violation is corrected to the
15 satisfaction of the Director and Mayor and Common Council.
16 10. Hold Harmless. Service Organization agrees to indemnify
17 and save harmless the City and its employees and agents from all
18 liabilities and charges, expenses (including counsel fees), suits
19 or losses however occurring, or damages arising or growing out of
20 the use or receipt of funds paid under this agreement, and all
21 operations under this agreement. Payments under this agreement
22 are made with the understanding that the City is not involved in
23 the performance of services or other activities of Service
24 organization. Service Organization and its employees and agents
25 are independent contractors and not employees or agents of City.
26 11. Standards. Service Organization agrees to comply with
27 the provisions of "Section 1. Recommendations", of a portion of a
28 report entitled "Report of the Special Council Subcommittee for
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1 Social Service Funds" dated and adopted on February 18, 1975, and
2 on file in the Office of the City Clerk of City, a copy of which
3 is attached hereto and incorporated herein by reference.
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12. Termination. City shall have the right to terminate
5 this agreement and any funding of Service Organization for any
6 reason by mailing a ten day written notice to Service Organization
7 and this agreement shall terminate ten days after the mailing of
8 such notice.
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13. Amendment. This agreement may be amended or modified
10 only by written agreement signed by both parties and failure on
11 the part of either party to enforce any provision of this
12 ,agreement shall not be construed as a waiver of the right to
"}j compel enforcement of any provision or provisions.
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14. Assignment. This agreement shall not be assigned by
15 Service Organization without the prior written consent of City.
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15. Notices. All notices herein required shall be in
17 writing and delivered in person or sent by certified mail, postage
18 prepaid, addressed as follows:
19
Director of parks, Recreation
;a~dG6mmunity Services
ci ty Hall
300 North "0" Street
San Bernardino, CA 92418
Frazee Community Center
1140 West Mill Street
San Bernardino, CA 92410
DATED:
'1d--.t~) ;; /~~
CITY
By
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24 ATTEST:
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1 Y lerk
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1\pproved as to form: 0
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CJ.ty torney
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FRAZEE COMMUNITY CENTER
Byc~r
Title ~.e~~ ~;.kU~
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Sf~CTION 1.
RECOlVIMENDATIONS.
A. . Recoinmenclations Governinp; Social Service Contract-Agencies:
The July 1974 "Report of the Human Services Commission on Revenue Shariilg
for Social Services" (page 7) containecl certain recommf;nclationsconcerning
contracts with social service agencies.
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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
whenev"" City funds are to be used as a local matching share.
. . 3) The E,-,-,~E...Tl Services Director and City Finance Officer shall be
respc"s5.::le for assuring accuracy and legitimacy of social service
contrEc: ;:,udget figures prior to approval by Mayor 2nd Council.
4) :t>Ionthly itemized expenditure reports shall include amount spent,
to whc.::::, for what purposes. These shall be reviewed quarterly
by HUr::'."n Services Department and Finance Officer. A copy of
the mo:-,thly bank statement shall be attached. .
5)
Original budget proposal al1.d tl18 rilOntbly"'cxpenditurerep-orts -sliall"'-
be compared quarterly by the Human Services Department and th<< .
City Finance Officer~
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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-'---.------..
the appropriate corporate official (Board member).
8) Adva'!ce 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 alillually. .
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10) No fund transfers shall be allowed without written consent by tbe
Director ~f Human Services and the Finance Officer prior to
approval by Mayor and Cotmeil.
11) One person (possibly Assistant Dir <ector of Human Services) in
conjunction with the Finance Officer shall be given responsibility
for assuring compliance with the "bove items.
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12) Unless prior approval to do otherwise has been granted by the Mayor
and Common Cotmcll, 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
suspen3ioll of City funds.
B. RecommendatioY'.E. :1egarding Conflict of Interest:
1) No per-50!: may serve on the Human Services Commission while he or
she is aT: officer, board member or employee of a petitioning or
funded 0-:""ganization.
2) No Cit;;" employee in a position to influence social service recommenda-
tions Ii"lay 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-thai" County Cotrrfcil o~Ccimfrii.lliitj SerncesrepaY~--
-immediately to the City the $2,250 which was reportedly spent from City fi.mds
to the Cotmty Council of Community Services for administrative overhead and
evaluation of the RSVP. Such an ~xpenditure 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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