HomeMy WebLinkAbout1981-355
.
--
1
RESOLUTION NO. Rl-1SS
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE BLACK HISTORY WEEK PARADE
3 COMMITTEE RELATING TO FUNDING FOR THE ANNUAL BLACK HISTORY WEEK
PARADE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an agreement with the Black History Week Parade Committee relating
9 to funding for the annual Black History Week Parade, a copy of
10 which is attached hereto, marked Exhibit "A" and incorporated
11 herein by 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
17th day of
Auqust
, 19B1, by the following
16 vote, to wit:
17
AYES:
Council Members Castaneda, Reilly, Hernandez
Botts, Hobbs, strickler
18
19
NAYS: None
20
ABSENT: Council Member Hudson
21
~;?d)&L~
~ C~ty C~{~
The foregoing resolution is hereby approved this /~~ day
22
23
24
of
August
, 19B1.
25
26
.\
':;,
I
1
A G R E E MEN T
2 (community organization)
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City", and
5 BLACK HISTORY WEEK PARADE COMMITTEE, a nonprofit community
6 organization, referred to as "Organization".
7 City and Organization agree as follows:
8
1. Recitals.
9
(a) Organization has requested financial assistance from
10 City for the fiscal year 1981-1982.
11
(b) The expenditure is for a valid municipal public
12 purpose, to wit: sponsoring the Annual Black History Week Parade.
13
2. Payment. City shall pay to Organization the total sum of
14 NINE THOUSAND DOLLARS ($9,000.00) at such time or times as
15 determined by the Finance Director of City in his sole discretion.
16
3. Use of Funds. The funds paid to Organization shall be
17 used by it solely for the purpose set forth in Paragraph l(b)
18 during the term commencing July 1, 1981, and terminating June 30,
19 1982. A variation in the itemization of costs not to exceed ten
20 ercent (10%) shall be allowed, provided the prior written
21
pproval of the Director of Finance of City is obtained. At the
22 end of the term, all unexpended funds shall be returned to City by
23 rganization.
24
4. Accounting. Prior to the final payment under this
25 agreement, and at such other times as may be requested by the City
26 dministrator or Director of Finance of City, Organization shall
27 City Administrator, with a copy to the Director of
28 inance, an accounting of the proposed and actual expenditures of
1
2
3
4
5
6
7
8
9
10
II
12
13
14
]5
16
17
18
]9
20
21
22
23
24
25
26
27
28
all revenues accruing to the organization for the fiscal year
ending June 30, 1982. Financial records shall be maintained by
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 Organization
are to be kept open for inspection at any time during the business
day by the City or its officers or agents.
5. Approval of City of Any Charges. City reserves the right
to require Organization to obtain the prior written approval of
City of any charges or fees to be charged by Organization, and of
any rules and regulations governing the services.
6. Temporary Withholding. The City Administrator, with the
concurrence of the Mayor and Common Council, is authorized to
temporarily withhold or terminate the payment of funds to
Organization when the City Administrator determines that any
violation of the agreement has occurred. Funds shall be withheld
until the violation is corrected to the satisfaction of the City
Administrator and Mayor and Common Council.
7. Hold Harmless. Organization agrees to indemnify and save
harmless the City and its employees and agents from all
liabilities and charges, expenses (including counsel fees), suits
or losses however occurring, or damages arising or growing out of
the use or receipt of funds paid under this agreement, and all
operations under this agreement. Payments under this agreement
are made with the understanding that the City is not involved in
the performance of services or other activities of Organization.
Organization and its employees and agents are independent
contractors and not employees or agents of City.
-2-
I
1
8. Standards. Organization agrees to comply with the
2 provisions of "Section 1. Recommendations", of a portion of a
3 report entitled "Report of the Special Council Subcommittee for
4 Social Service Funds" dated and adopted on February 18, 1975, and
5 on file in the Office of the City Clerk of City, a copy of which
6 recommendations is attached, marked Exhibit "I" and incorporated
7 in this agreement by this reference.
8
9. Termination. City shall have the right to terminate this
9 agreement and any funding of Organization for any reason by
10 mailing a ten (10) day written notice to Organization and this
11 agreement shall terminate ten (10) days after the mailing of such
12 notice. Any remaining unpaid funds shall not be prorated or paid
13 to Organization.
14
10. Assignment. Organization shall not assign its interest
IS in this agreement without the prior written approval of City.
16
11. Notices. All notices relating to this agreement shall
17 be in writing and delivered in person or sent by certified mail,
18 postage prepaid, addressed as follows:
19
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
DATED: ~.
Black History Week Parade
c/o Frank Tillie, Jr.
P.O. Box 7156
San Bernardino, CA 92411
20
21
23 ATTEST:
22
24
BLACK HISTORY WEEK PARADE COMMITTEE
JW-::'l~ {} ~~
Title~~77-L~
"
"
,
011 ... "
j
J
.'
SECTION I. RECOMMENDATIONS
A. - Recommendations Governing Social Service Contract Agencies: _h_
The July 1974 "Report of the Human Services Commission on Revenue Sharhlg
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 fnnds shall be kept in a separate acconnt 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 Human 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 iiemized expenditure reports shall include amount spent,
to whom, for 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 tlie monthly'Elxpenditure"reports'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-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. .
-2-
EXHIBIT "I"
'.
'", .... ...
f)
j
~
... - r-
. .
"
. .
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 Finarice Officer shall be givenresponsibillty .
for assuring compliance with the ~bove items.
12) Unless prior approval to do otherwis.e 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 Regardirtg Conflict of Interest:
1) No person may serve on the Human Services Commission while he or
she is !'.!l 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- CciUfity. CoUifcil ofCcimmUb.lty Sei'vlcesrepaY=---
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 ~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 our-:
area legislators, congressmen, and supervisors as well as those government
agencies funding the County Council of Community Services.
... .~-
-3-