HomeMy WebLinkAbout1983-389
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RESOLUTION NO. 83-389
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ROLLING START, INC., RELATING TO
FUNDING TO PROVIDE SERVICES TO THE DEAF.
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
'a~reement with Rolling Start, Inc., relating to funding to provide
rservices to the deaf, a copy of which is attached hereto, marked
,
'Exhibit "An 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
rp<J1l1~r
meeting thereof, held on
the 71 d
day of
Nnvpmhpr
, 1983, by the following vote,
'to wit:
AYES:
Council Members
C:~~r.nnpnrt Rpilly. rlIFlrk~.
()l1;t=lol FrH7.;pr ~t-r;t':klpr
NAYS:
rnllnroi 1 T'_,1pmhpr Hprn;:Jnnp7.
ABSENT:
Nnnp
~hCl
CJ.ty er
of
day
The foregoing resolution is hereby
T\in"\TPmhpr
, 1983.
ernardJ.no
Approved as to form:
,~~ ~..~
City ttorney
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A G R E E MEN T
2 (Community Service Organization)
3 THIS AGREEMENT is entered into at San Bernardino, California,
4 between the CITY OF SAN BERNARDINO, a municipal corporation,
5 referred to as "City", and ROLLING START, INC., a nonprofit
6 community service organization, referred to as .Service
7 Organization".
8 City and Service Organization agree as follows:
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1. Reci tals.
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(a) Service Organization has requested financial
11 assistance from City.
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(b) Service Organization represents that the
13 expenditures authorized by this agreement are to provipe the
14 following services to the deaf: a relay service: information and
15 a referral service, with up to date information: training on use
16 of T.D.D. and use of sign language.
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2. Payment. City shall pay to Service Organization the
18 total sum of SEVEN THOUSAND FIVE HUNDRED NINETY-FOUR DOLLARS
19 ($7,594.00) for the term of this agrement, payable in six monthly
20 installments of ONE THOUSAND EIGHTY-FOUR DOLLARS ($1,084.00) plus
21 one final payment of ONE THOUSAND NINETY DOLLARS ($1,090.00),
22 commencing on or before the fifth day of December and continuing
23 thereafter on or before the fifth day of each succeeding month
24 during the term of this agreement.
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3. Term. This agreement shall commence November 22, 1983,
26 and terminate June 30, 1984.
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4. Use of Funds. The funds paid to Service Organization
28 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,
as set forth in the proposed budget submitted to City, not to
exceed ten percent (10%), shall be allowed, provided the prior
written approval of the Director of Parks, Recreation and
Community 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
1actual expenditures of all revenues accruing to the organization
for the period ending June 30, 1984. 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
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1 approval of City of any charges or fees to be charged by Service
2 Organization, and of any rules and regulations governing the
3 services.
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8. Application for Other Funding. Service Organization must
5 apply for funds from other sources. Evidence of the application
6 shall be made available to City prior to any consideration for
7 further funds for the next fiscal year. Receipt of any revenue
8 from such other sources during the term of this agreement must be
9 reported immediately to the Director of Parks, Recreation and
10 Community Services.
11
9. Temporary Withholding. The Director of Park$, Recreation
]2 and Community Services, with the concurrence of the Mayor and
]3 Common Council, is authorized to temporarily withhold or terminate
]4 the payment of funds to Service Organization when the Director
]5 determines that any violation of the agreement has occurred.
]6 Funds shall be withheld until the violation is corrected to the
]7 satisfaction of the Director and Mayor and Common Council.
10. Hold Harmless. Service Organization agrees to indemnify
]8
]9 and save harmless the City and its employees and agents from all
20 liabilities and charges, expenses (including counsel fees), suits
2] or losses however occurring, or damages arising or growing out of
22 the use or receipt of funds paid under this agreement, and all
23 operations under this agreement. Payments under this agreement
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24 are made with the understanding that the City is not involved in
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25 the performance of services or other activities of Service
26 Organization. Service Organization and its employees and agents
27 are independent contractors and not employees or agents of City.
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11. Standards. Service Organization agrees to comply with
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the provisions of "Section 1. Recommendations", of a portion of a
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report entitled "Report of the Special Council Subcommittee for
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Social Service Funds" dated and adopted on February 18, 1975, and
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on file in the Office of the City Clerk of City, a copy of which
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recommendations is attached, marked Exhibit "I" and incorporated
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herein by this reference.
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12. Termination. City shall have the right to terminate
8 'this agreement and any funding of Service Organization for qny
9 ,reason by mailing a ten day written notice to Se~vice Organization
10 ,and this agreement shall terminate ten days after the mailing of
11 : such notice.
12
13. Amendment. This agreement may be amended or modified
13 'only by written agreement signed by both parties and failure on
14 ,the part of either party to enforce any provision of this
15 'agreement shall not be construed as a waiver of the right to
16 :compel enforcement of any provision or provisions.
17
14. Assignment. This agreement shall not be assigned by
18 iService Organization without the prior written consent of City.
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15. Notices. All notices herein required shall be in
20 iwriting and delivered in person or sent by certified mail, postage
21 iprepaid, addressed as follows:
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Director of Parks,
Recreation & Community
Services
300 North AD" Street
San Bernardino, CA 92418
Nick Hambrick
Rolling Start, Inc.
443 West 4th Street
San Bernardino, CA 92401
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YI"p"","',) r.7~ N'!.g
DATED:
2 CITY
3 ATTEST:
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By
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~.b'4D:0~
Oity Clerk
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ROLLING START, INC.
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BY/~U~ ~
Title~ ,~~ _''(( ~~.",-.~.Q
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Approved as to form: ~
/1r I#J AMi~'
City A torney
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!?!~~CTION 1.
nECOlVIMENDA'fION::>_
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A. . Recoin_melHlatio~'-s_c:ove~.ning So.s:iatS"I.~~.s:. Cont!:'!.(,t'l\g~ncj~~:
The July 1974 "Report of the Human Services Commission on Revenue Shari'lg
for SocIal Services" (page 7) contained certain recommendations .coneerning
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 flens shall be kept in a separate account by the recipient.
agency..
2) Federal or State Guidelines shall be required prior to approval
whenE:v<or City funds are to be used as a 10c2.1 rn2.tching share.
. . 3) The ri",,'7lS'1 Services Director and City Finance Officer shall be
respc,-,s5.ble for assnrIng accuracy and legitimacy of social service
contras: :::udget figures prior to approval by Mayor and Council.
4) Idontilly itemized expenditure reports shall include amolmt spent,
to whc'::l, for what purposes. These shall be reviewed quarterly
by Huc",n Serviees Department and J'inancc Officer. A copy of
. the mo:;trJy bank statemf!nt shall be attached. .
5)
Original budget proposal an.d tlle :riJ.onthlj"cxpenditurc'rcports 'snalr-"-
be compared quarterly by the Humall Services Department and thE; .
City Finance Officer;
6) All proposals, expenditure reports and correspondence shall be
cOlmtersigned 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-'-----'" _.n
the appropriate corporate official (Board member).
8) Adva~ce sib'1ling of checks by the recipient agcnc;y shall not be
allowed. .
9) Receipts and checks for aU- expenditures against City funds shall be
subject to examination without notice by the City Finance Officer or
Director of Human Services. All accounts sh2.11 be inspected at
least once annually. .
EXHIBIT
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10) No fund tnmsfers ~;hall be allowed without written consent by tbe
Director ~)f Human Services and thr, Financ8 Officer priot' to
approval by Mayor aud Council.
11) One person (possibly Assistant Dir '.'etor of Human Services) in
conjunction with the Finauce Officer shall be r;iven 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-compHanee'or non-cooperation shall be grolll1ds for immediate
suspension of City funds.
B. RecommendatioI'.s :8.egarding Conflict of Interest,
1)
No person may serve on the Human Services Commission while he or
she is an'officer, board member or employee of a petitioning or
funded 0:cganization.
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2)
No City employee in a position to inHuence social service recommenda-
tions :,,',2.:; serve on the board of any organization or in any official
capaci~y for an organization funded directly or indirectly by the City
of San Bex'nardino.
It is-furtheI"recommended'tliat County COlincil o~Comin:i.lnity S():ITICeSrep-ay~~-' - "
immediately to the City the $2,250 wh.ich was reportedly spent from City funds
to the County Council of Community Services for administrative overhead and
evaluation of the HSVP. Such an expenditure is specifically prohibited by Federal
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Guidelines (Action 'Order 4105.53, pgs. 4, II - 12) and was never approved
by the 1'.1ayor 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 Conncil of Community Services.
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