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HomeMy WebLinkAbout01C-Community Development CIO OF SA,. BERNARDQo - REQUOT FOR COUNCIL AcQON , From: Kenneth J. Herxlerson, Director I'hmn,1i.ty Devel.........,t Subject: BREMlA JO RICE - JUVENIIE ~~.1'.1u{ INTERVENl'ICN POOGRAM Dept: Date: May 9, 1989 Synopsis of Previous Council action: On May 16, 1988, the Mayor and Co.'."" Council CCIlSidend and ~ certain FY 1988/1989 au; eligible projects, p1:Uy.L...... and activities. On May 16, 1988, the Mayor and n ..... " Council adcpted a resolution authorizing and directing the Mayor to execute an agl..........,t between BI:enda Jo Rice (JUvenile Firesetter Int:.ervent:im Pr~aw) and the City of San Bemardino. Recommended motion: 'Ihat the financial status of the JUvenile Firesetter Int:.ervent:im P.t."":I.Law be CCIlSidered in ocnjurx::t:ian with the organizatian's lIR'licatian for J'Dr-y.<.ufit and ~L status. FUrther, that staff be diJ:ected to take COWLU1J.Liate action in aooordance with federal, state and local regulations. ~G.~~ Phone: 5065 Supporting data attached: Ward: 1-7 FUNDING REQUIREMENTS: Amount: $18,526.80 Source: (Acct. No.) 121-544-57694 (Acct. DescriPtion) <DBG FY 1987/1988 Allocation Finance: Council Notes: 75-0262 Agenda Item NO.~ Y CIO OF SAN BERNARDQo - REQUIAT FOR COUNCIL ACQON , STAFF REPORT en JlIl1IJ8ry 9, 1989, the Chmll11'\ity Devel~lL Departmant a:n- ducted a t'L"':fLaw am financial audit of the J\1Yenile Fireset:ter Intervent:icn P.l."':fLaw. As a result of saic1 audit, a J"111IIlNo,r of ~"':fLaw areas were fCAm1 net to be in CCIIp1iance with certain federal, state am local. regulations. 'lhe organization did net have in its p:lill-"'icn certain it.ellls, sud1 as Articles of IrlooJ:pa1.ation for a I1CI1 profit status, state am federal tax ~L status identificatien, organizatialal. By-Iaws, Certificate of Evideooe of Authority by the organizatien's gcvemin;J 1:xxly am PJ:"':fLaw deficien::ies dealin;J with ~....al ac:x:lO.Il'lt.i prirciples. en JlIl1IJ8ry 17, 1989, the t'hmIlTIity Devel""}oWCld.. Departmant sent a letter (Exhibit "A") via certified mail to Ms. Brema Jo Rice (Juvenile Fireset:ter Interventien P.I::~alII) wtlinin;J the OCIJOenIS raised by the audit am request.in;J a respcnse regardin:J saic1 OCIli:lcLl.... CGt'Isequently, follcwin;J IXmIl!l1 prooemn-es am IIIalDlted policies as identified by the ~___d.. bebleell the organizatien am the City, all di"'".1rsemeitLs of fIm:Js were pzt en hold until the ccmems stated in the letter CDlld be suc- cessfully resolved. en March 8, 1989, Ms. Rice persavllly delivered a IDt:ari.zed copy of the Articles of :Inoo1:i"-"-atien which were net ~wed am did net 0CI1tain the erd...aed seal of the Seclet.axy of state, cqlies of the lIRllicaticn for ElXBIpt:.icn to the Califamia Franchise Tax Board dated August 31, 1988, am a copy of ElXBIpt:.icn umer Sectien SOl (e) (3) of the Internal ReveruIe Code dated Sept:eniler 3, 1988. Ms. Rice also subnitted a CCIIp1eted am IDt:ari.zed copy of the organizaticn.s By-Iaws. unfortunately, the cqlies of the required dnoI""""lts did net :imicate proof of the organizatien's ncn-profit status nor a state am federal tax ~L status identifica.tien. en April 20, 1989, t'hmI"1ity Devel~lt staff cart:acted the Seclet.axy of state. s Office for any updates en the lIRllicatian am were infonned the Articles of Incorpu....Uan for the t'L"':fLaw were bein;J forwarded to the Franchise Tax Board (ElXl!!IIpt sectien) for consideratien before makirJJ a final detel:mination en the classifica.ticn of the organization. Also cart:acted was the Internal aeveme service (IRS) which infonned staft the organizaticn.s lIRllicaticn was returned to Ms. Rice ~1l"'" of i.ncaIpleteness am that re ..p.....ittal1>'aJld have to be IIBde with PJ:.....-in;J tees attached for further consideration. To date, no evidence of ~0Yed Jlai&.u.ufit status or state, Federal tax exenpt status has been turnished. . May 9, 1989 75-0264 o o o o 8rAFI' ~ 00lltiDued... BreIIda Jo Rice PIIge -2- I, therefore, nl'::> .........d that the t"J"i_ for reinhlrsement for the Dalths of !)oo. -.1 oM', 1988 'l:hralgh April, 1989 (a total of five (5) Dalths), net be ptoc ed until sum time as awLo- priate tioco""""ltati.cn has been subnitted fran the Secretary of state's offioe, Frcm:i1ise Tax Boal.'li, ani the InI:ema1 Revem.le Servioe ani, until sum time as a legal <:pinion has been remered by the Offioe of the city Attorney re;JaZ'din:;J the allowabUity of retroactive payments. KENNEllH J. Director of cnm.1I'lity Devel. KllVEIF/lab/3214 attac::hnents May 9, 1989 .0 o o o CITY OF San Bernardino CO.MUNITY DIYILOP..NT DIPARTMINT KENNETH J. HENDERSON DIRECTOR January 17, 1989 Ms. Brenda Jo Rice Juvenile Firesetter Prevention Program 200 East Third street San Bernardino, CA 92410 Re: FY 1988/1989 CDBG AGREEMENT REVIEW Dear Ms. Rice: I am in receipt of the DeCember, 1988, request for reim- bursement of funds from your organization dated January 9, 1989. Upon review of your request for reilllbursement, a number of concerns have arisen which need to be addressed and corrected prior to additional CDBG funds being disbursed as per Section 11 of your FY 1988/1989 CDBG agreement. specifically, the concerns in question are as follows: 1. A completed copy of the Articles of Incorporation for your non-profit agency are not on file which are certified as being approved by the Secretary of the State of California, coupled with the imprint of the state Seal of California as mandated by the City of San Bernardino. ( 2. A completed and notarized copy of the By-Laws govern- ing your organization are not on file as required by the City of San Bernardino. 3. Since your organization is a non-profit organization, the city is required to have your SOlC(3) Tax Exempt Status Number on file. This identification number has not been furnished to the City as of this date. 4. A certified copy of Evidence of Authoritv of the governing body as per Section 20 of your CDBG agree- ment is not on file. EXHIBIT "A" PRIDE -I ~;#,RESS 300 NORTH "0" STREET, SAN BERNARDINO. CALIFORNIA 12418.0001 714"1.-1011 !! "'.0 .BJ'enda Jo Rice January 17, 1989 Page -2- o o o ( . 5. a) The overall utilization and expediture of funds as it pertains to the CDBG FY 1988/1989 agreement, Secton 4, subparts (a), (b) and (d) are not in compliance. Improper travel justifications and documentation ia being submitted. b) Reimbursement justifications are submitted without proper documentation for salaries and are based on aross income criteria versus Bat income criteria contrary to Section 4, subpart (d) of your CDBG agreement. 6. Overall expenditures are not documented within generally acceptable accounting principles contrary to Section 5, subparts (b) and (c) of your CDBG agree- ment. 7. Clear and quantified reporting activities as it pertains to services being rendered to low and moderate income families are vague and do not measure actual preventative trends on how this program is impacting the City of San Bernardino (Section 6, CDBG agreement). 8. Disbursement of CDBG funds have previously been made for the months of July, 1988 through November, 1988 with payroll salaries being reimbursement by the Community Development Department which are contrary to the CDBG agreement, Section 4, subpart (d). This being the case, staff is hereby requesting evidence of payments to the entitled governmental agencies of employee taxes, social security, and/or other with- holdings as per your CDBG agreement as described above. Your cooperation and written response to these concerns will allow us to expedite your payment request as quickly as possible. Your December reimbursement request is attached to be resubmitted once the concerns in questions are corrected. Should you require additional information or clarification regarding the above referenced concerns, please do not hesitate to contact me at 714/384-5065. Re Specialist cc: Director of Community Development File