HomeMy WebLinkAbout1982-4651
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RESOLUTION NO. 002-465
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MERRI-MIXERS RELATING TO FINANCIAL
ASSISTANCE FOR THE FISCAL YEAR 1982-1983 (01-212-249).
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 Merri-Mixers relating to financial assistance for
the fiscal year 1982-1983, 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 regular meeting thereof, held
on the 15th day of N0Vernber 1982, by the following
vote, to wit:
AYES: Council Members Castaneda, Reilly, Hernandez,
Marks, Quiel., Hobbs, Strickler
NAYS: None
ABSENT: None
City Clerk
The foregoing resolution is hereby approved /GTN day
of November , 1982. ---1
of/fh(i City oP7San Bernardino
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A G R E E M E N T
(Community Service Organization)
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City", and
MERRI-MIXERS, 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 fiscal year 1982-1983.
(b) Service Organization represents that the
expenditures authorized by this agreement are for valid municipal
public purposes. The purpose is to provide transportation for the
ambulatory developmentally disabled adult with growth promoting
experiences designed to achieve normalization and to develop each
individual's capacity through community interaction, development
of motor skills and social awareness, and administration of the
program.
2. Payment. City shall pay to Service Organization the
total sum of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) during
the fiscal year at such time or times as determined by the
Finance Director of City in his sole discretion.
3. Term. This agreement shall commence July 1, 1982, and
terminate June 30, 1983.
4. Use of Funds. The funds paid to Service Organization
shall be used by it solely for the purposes set forth in Paragraph
1(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
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, 1983. 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
Ito 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.
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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
further funds for the next fiscal year. Receipt of any revenue
from such other sources during this fiscal year must be reported
immediately to the Director of Human Services.
9. Temporary Withholding. The Director of Human Services,
with the concurrence of the Mayor and Common Council, is
authorized to temporarily withhold or terminate the payment of
funds to Service Organization when the Director determines that
any violation of the agreement has occurred. Funds shall be
withheld until the violation is corrected to the satisfaction of
the Director and Mayor and Common Council.
10. Hold Harmless. Service 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 Service
(Organization. Service Organization and its employees and agents
are independent contractors and not employees or agents of City.
11. Standards. Service Organization agrees to comply with
the provisions of "Section 1. Recommendations", of a portion of a
report entitled "Report of the Special Council Subcommittee for
Social Service Funds" dated and adopted on February 18, 1975, and
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
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 day written notice to Service Organization'
and this agreement shall terminate ten 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 Merri-Mixers
City Hall c/o Lonnie Simon, Pres.
300 North "D" Street 2880 Muscupiabe Drive
San Bernardino, CA 92418 San Bernardino, CA 92405
DATED: ALO16e-op— /9
CITY OF SAN BERNAR
ATTEST:
�City Clerk a�
Approved as to form:
City AtAorney
Mayor
MERRI-MIXERS
: // / � . _ ,0 .�
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SECTION I. RECONIMEI`'DA`i'IONS
A. Recommendations Governing Social Service Contract -Agencies:
The July 1974 "Repox z of the Human Services Commission on Revenue Sharing
for Social Services" Coage 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 s shall be kept in a separate account 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) Tie 1-1. an. Services Director and City Finance Officer shall be
for assuring accuracy and legitimacy of social service
contract bUdget figures prior to approval by Ylayor and Council.
4) Tti-iontE.- itemized expenditure reports shall include amount spent,
to vilho ^, ror what purposes. These shall be reviewed quarterly
by Human. Services Department and Finance Officer. A copy of
the montfily bank statement shall be attached. _
5) Original budget proposal and the monthly expenditure.reports-shall'
be compared quarterly by the Human Services Department and the ,
City Finance officer.-
6)
fficer: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 'Lund 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 abainst City funds shall be
subject to examination without notice by the City Finance Officer or
Director of Human Services. All accounts shall he inspected at
least once annually.
EXHIBIT "I"
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 Dix ector of Human Services) in
conjunction with the Finance Officer shall be given responsibility
for assuring compliance with the 4bove items.
12) Unless prior approval to do other is.e has been granted by the Mayor
and Cor-imon Council, the stated program in the original proposal
shall be adhered toy 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 persc n may serve on the Human Services Commission while he or
she is officer, board member or employee of a petitioning or
funded _ _ ' anization.
2) No Ci employee in a position to influence social service recommenda-
tions ay serve on the board of any organization or in any official
capacity for an organization funded directly or indirectly by the City
of San Dexrnardino.
It is firther-recommended-that County Council of C6hnixnunity S rvices repay
immediately to the City the $2,250 which was reportedly spent from City funds
to the Cour_ty Council of Community Services for administrative overhead and
evaluation of the RSVP. Such an expenditure is specifically prohibited by Federal
Guidelines (h coon 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.
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