HomeMy WebLinkAbout1981-354
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RESOLUTION NO.
81-354
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE HOME OF NEIGHBORLY SERVICE
3 RELATING TO FUNDING FOR THE 1981-1982 FISCAL YEAR.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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I HEREBY CERTIFY that the foregoing resolution was duly
ladopted 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
17th day of
August
, 1981, by the following
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vote, to wit:
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AYES:
Council Members Castaneda, Reilly, Hernandez
Botts, Hobbs, Strickler
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NAYS:
None
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ABSENT:
Council Member Hudson
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'~/f'?$~~
/ C~ty C er
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of
Auqust'
, 1981.
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day
The foregoing resolution is
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A G R E E MEN T
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(community service organization)
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City", and
HOME OF NEIGHBORLY SERVICE, a nonprofit community service
organization, referred to as "Service Organization".
City and Service Organization agree as follows:
1. Recitals.
(a) Service Organization has requested financial
assistance from City for the 1981-1982 fiscal year.
(b) Service Organization represents that the
expenditures authorized by this agreement are for valid municipal
public purposes. The purposes are to provide young people with an
alternative to some of the negative aspects of the current "street
culture" in the City of San Bernardino, and to attract youth to
tutoring and other educational programs and counseling.
2. Payment. City shall pay to Service Organization the
total sum of FIVE THOUSAND ONE HUNDRED FORTY-SIX DOLLARS
($5,146.00) at such time or times as determined by the Finance
Director of City in his sole discretion.
3. Term. This agreement shall commence July I, 1981, and
terminate June 30, 1982.
4. Use of Funds. The funds paid to Service Organization
shall be used by it solely for the purposes set forth in Paragraph
l(b) of this agreement. A variation in the itemization of costs
not to exceed ten percent (10%) shall be allowed, provided the
prior written approval of the Director of Finance of City is
obtained. At the end of the term, all unexpended funds shall be
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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, 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
ecause of race, color, creed, or sex. Service Organization shall
ave 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
apply for funds from other sources. Evidence of the application
shall be made available to City prior to any consideration for
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1 further funds for the next fiscal year. Receipt of any revenue
2 from such other sources during this fiscal year must be reported
3 immediately to the City Administrator.
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9. Temporary Withholding. The City Administrator, with the
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concurrence of the Mayor and Common Council, is authorized to
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Itempo~ari~y withhold or terminate the payment of funds to Service
Organ~zat~on when the City Administrator determines that any
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violation of the agreement has occurred. Funds shall be withheld
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9 luntil the violation is corrected to the satisfaction of the City
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10. Hold Harmless. Service Organization agrees to indemnify
12 and save harmless the City and its employees and agents from all
13 liabilities and charges, expenses (including counsel fees), suits
14 or losses however occurring, or damages arising or growing out of
IS the use or receipt of funds paid under this agreement, and all
16 operations under this agreement. Payments under this agreement
17 are made with the understanding that the City is not involved in
18 the performance of services or other activities of Service
19 Organization. Service Organization and its employees and agents
20 are independent contractors and not employees or agents of City.
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11. Standards. Service Organization agrees to comply with
22 the provisions of "Section 1. Recommendations", of a portion of a
23 report entitled "Report of the Special Council Subcommittee for
24 Social Service Funds" dated and adopted on February 18, 1975, and
2S on file in the Office of the City Clerk of City, a copy of which
26 recommendations is attached, marked Exhibit "r" and incorporated
27 in this agreement by this reference.
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12. Termination. City shall have the right to terminate
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Ithis agreement and any funding of Service Organization for any
ireason by mailing a ten (10) day written notice to Service
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lorganization and this agreement shall terminate ten (10) days
lafter the mailing of such notice. Any remaining unpaid funds
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ishall not be prorated or paid to Service Organization.
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13. Assignment. Service Organization shall not assign its
7 interest in this agreement without the prior written approval of
8 City.
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14. Notices. All notices relating to this agreement shall
10 be in writing and delivered in person or sent by certified mail,
II postage prepaid, addressed as follows:
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City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Home of Neighborly Service
839 North Mt. Vernon
San Bernardino, CA 92411
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DATED:
<} _.l.. ~t!'(
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City Clerk
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ATTEST:
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HOME OF NEIGHBORLY SERVICE
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By
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SECTION I.
RECOMMEl\'DA TIONS
A. . Recommendations Governing Social Service Contract Agencies: m._
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) Feder21 or State Guidelines shall be required prior to approval
whenever City funds are to be used as a local matching share.
3) The H=211 Services Director and City Finance Officer shall be
responsible for assuring accuracy and legitimacy of social service
contract budget figures prior to approval by Mayor and Council.
4) Monthly itemized expenditure reports shall include amount spent,
to whom, ior what purposes. These shall be reviewed quarterly
by Human Services Department and Finance Officer. A copy of
the monthly bank statement shall be attached. .
5) Original budget proposal arid the rilonthly"-expenditurerej;forts .shalt.--
be compared quarterly by the Human Services Department and th~
City Finance Officer,
6) All proposals, expenditure reports and correspondenC'e 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-sigoed-by_m.....__-
the appropriate corporate official (Board member).
8) Advance signing of checks by the recipient agency shall not be
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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 Qfficer prior to
approval by. Mayor and Council.
11) One person (possibly Assistant DiI~ctor of Human Services) in
conjunction with the Finalice 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. Recommendations Regarding Conflict of Interest:
1) No perseD. may serve on the Human Services Commission while he or
she is Eon officer. board member or employee of a petitioning or
funded organization.
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-further 'recommended-that- GouiJ.ty' Council ofCommilli1ty Servlcesrepar--"
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 proJribited by Federal
Gnidelines (Action Order 4405. 53~ pgs. 4, 11- 12) and was never approved .
by the Mayor and Council.
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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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