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'Cl't' OF SAN BERNARDI.,41 - REQUE~T FOR COUNCIL ACT",)N
From: JAMES F. PENMAN
Subject: BOYS CLUB ALLOCATION ~ f?--
Dept: City Attorney
Date: September 3, 1987
Synopsis of Previous Council action:
8-17-87 - City Council approved $3,500 allocation to Boys Club, Inc.
for an anti drug program (Crackdown on Crack)
Recommeno:led motion:
1. That resolution authorizing agreement for $3,500 allocation to
Boys Club, Inc. for anti-drug program be adopted; or
2. That resolution authorizing agreement for $3,500 allocation to
Boys Club, Inc., not be approved.
~~
By DENNIS BAR OW, Sr.Asst.City Attorney
Contact person:
James F. PenmAn
Phone:
~1~~
Finance:
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Supporting data attached: Staff Report;
attAchmpnt"
Ward:
FUNDING REOUIREMENTS:
Amount:
$1,~OO
Source:
Council Notes:
75-0262
Agenda Item No,
s-~
.CI\....I OF SAN BERNARDOO - REQUOT FOR COUNCIL Ac.....40N
STAFF REPORT
On August 17, 1987, Boys Clubs, Inc., of San Bernardino made an
oral request to the Mayor and Common Council from the floor for
an allocation of funds to help finance an anti-drug program
scheduled for September 12, 1987. Council approved an
allocation of $3,500.
Because request was made from the floor no agreement was
prepared, nor was there a resolution to adopt such an agreement
approved by Mayor and Common Council. It is our understanding
that Council routine requires such a resolution and agreement
in the absence of a specific directive to the contrary.
To help alleviate the pressing need for funds, on August 31,
1987, City offered to make payment directly to vendors on
presentation of bills from said vendors.
On September 1, 1987, Director Herndon delivered an unsigned
letter on Boys Clubs stationery requesting reimbursement for
funds allegedly paid in advance. One such item claimed was
$150 paid to KUOR Radio. The $150 is claimed twice on the Boys
Clubs' letter of September 1, 1987 for a total of $300. A
photocopy of a KUOR underwritinq aqreement (copy attached)
shows a total gross sum of $300 and a bracket ( ) "paid in
advance" is checked.
On September 2, 1987, this office contacted William Bruns,
manager of KUOR (792-0721) to confirm that the Boys Club had
paid KUOR $300 and was entitled to reimbursement for same. Mr.
Bruns informed us that he has only received $75 from the Boys
Clubs and they owe him $225 on the agreement.
Additionally, a receipt supporting a claim for reimbursement
dated August 31, 1987 (the same date receipts were requested -
photocopy attached) shows a disbursement of $100 to a Manny
Brodie for "gas allowance". The receipt appears to be signed
by Director Herndon.
Other claims for reimbursement are being verified as of this
date. One claim for $318 paid to Artistic Abilities (photocopy
attached) has been verified by the owner.
Due to the lack of Council approval for the Agreement and the
discrepancies noted above, this office has recommended to the
Mayor and her office that this allocation not be delivered to
Boys Clubs, Inc. until the Mayor and Council have the
opportunity to act on the proposed agreement.
75-0264
9-3-87
\,~
BOYS CLUBS
OF SAN BERNARDINO. INC.
. ~~,~':/ "j!"r~~ Street
:~;: 3t:r'~J.:.:1::~',-:: ~A 92111
.. . : I .: ~',~-'~ -,:'; 1
:::;~.i~:':NG 8ETT::Fi
dOYS & GIRLS
THROUGH:
~ECREA nON
;-;,' TCR,iNG
-.=',',IFLClr.1ENT
PREPARA nON
DAYCAI,1P
:;,:r,IFIIIG
-::P(:.~TS
CCI.1f,/UNITY SE,qVICES
,C;I ;rH DE'/ELOPI,IENT
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September 1, 1987
Mr. Jim Penman
City Attorney
San Bernardino, CA 92405
LIST OF PAYMENTS
PAST DUE 9/1/87
1.
California Theatre (San Bernardino Civic
Light Opera Association
2. Stage Hands Local (check payable to Boys
Club
3. KUOR RADIO ($150 paid in advance)
4.
Boys Club reimbursements:
a) Central City Copy
b) KUOR RADIO
c) California Theatre Deposit
d) Marketing Communications Group
e) Artistic Design ( Banners)
f) Street Banner Application Fees
g) Photos Processing Fees
h) Expenses to volunteers (Manny
Brodie)
TOTAL DUE:
REMAINING FUNDS
Respectfully Submitted,
A P!"~CC TO CiO A WAY TO (3i-:\,'W
,
Jerry Herndon
=',~r:,r'.-:, O'r,o'.::, r
$l225.00
566.00
150.00
36.73
150.00
lOO.OO
l24.55
318.00
220.00
l6.61
100.00
$3006.89
493.11
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Po.t Otllce Sox 3080 ,,;1'
tdland.. CA 112:l73 0999
\ 114' 783- 2121 .xt. 2830
(714' 782-0721
Serving the InlMld Empire
Oat. Issued rlo 1l\J~l()_ UNDERWRITING AGREEMENT
Business: (301..4<.. ef, lie 0 f" S"I\() (3lU.t1Ad',..,. G<.IS~11. 1. i ~ Dl..e....~S 2- II '., ~.
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Address: II rO"; ..~ -.-;- ~. , J,ou j j
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City/Stat./ZiD: S~ 0 : 'I i?
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Phon. Number: , I r I
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Product Line: I JAZZ
Ag.ncy: ! I ! I
IlOCll AT N.o..T I ll.Ua
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Length: Can B Oaie; E Date B Time'E Timel Aate ISIM Tlwl T IF S Total
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Payment Plan: paid in advance ('/' >/
billed ( > I ' '
" Total Number of Announcements:
J IF 1M iA oM J Special Instructions:
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Total GrOll lum ~<; ~ -Agency Comm'ulon
Tolal Helium
" 'I1l11 Ig,_nlbecol\'lls I binding conl'lCl upon acceplance Oy I". a.n.... MlNgsr 01 KUOR-FM, OWnecl
Incl _"I'" by I/le Un'ven.ly oNIecllanda,
2. 'I1l11 Ig,.._nl IClI_ eurmll ',C,C, rwgullllons go..,nlng non-p,o'" communII)' 'aclIO llal'ons unGe, whiC:II
any g.1I qualiltel II I laa_bll conl,lbulion 10 KUOR-FM,
3. Illlalillll 011 ..- mon"ly Incl ....11 011 due Ind paYlble wilhin 111I(101 WOrlllng daya ',om lh. dal. 01
Irwoiee, Ei9h_ par_I (I"" "'-11M' Innum l/lall 011 dla,llICl on III OVIlaue accounla,
4. ,ay.........,. non-<elunclallle,
I. III I/le IVIIII oIl SIllClII bllladelll whlell inll,rupla selledulecl annou_lI. KUOR-FM ........s m. 'ighl
to reac:neclull saicl "'_11,
.. KUOR-FM ."..1 ha..1/le "9hl 10 cancel Ih'a conl,"et upOn a.'lull by un_,I.' In I". paym.nl 01 billl or
01"" malar,.' brNeIl, Upon cancellalion all b<oaoealllng Gone ""a un.,., Incl nol Plld Ih.1I IlIeome
I_lal.ly due Ind plyable II I/le ..,n.., 'a'., Un-doirw'i'lfs Ihall IMY IIlanorlll\"l .... in m. _n'legal
Ilellon it nec:_ry 10 1II1oro:e Ihll Ig'Hm..,I or any 01 Ih. t.,ma.
7, Conltle1 SUbjec:t 10 _nadOft by ....., pany upon laun.... (14) da)'l priO, wronlll nOllee,
TO B UBMITTED FOR APPROVAL
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1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE BOYS CLUBS OF SAN BERNARDINO,
3 INC., RELATING TO THE SPONSORING OF A DANCE.
4
RESOLUTION NO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5
6
SECTION I. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
7
8
9
an Agreement with the BOYS CLUBS OF SAN BERNARDINO, INC.,
relating to the sponsoring of a dance, which Agreement is
attached hereto, marked Exhibit nAn, ~nd incorporated herein by
10
11
12
13
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
14
15
Bernardino at a
meeting thereof, held
day of
, 1987, by the
on the
following vote, to wit:
16
17
18
AYES:
Counc il Member
19
20
21
22
23
24
25
26
27
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NAYS:
ABSENT:
City Clerk
9-3-87
I
,
........
'-"
,
1 The foregoing resolution is hereby approved this
2 day of , 1987.
3
4
5
Approved as to form
6 and legal content:
(J.
~-
Mayor of the City of San Bernardino
10
11
12
13
14
15
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17
18
19
20
21
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24
25
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9-3-87 2
\1
I
"
."..",">
1 AGREEMENT
2
THIS AGREEMENT, entered into this day of
3
, 1987, by and between the CITY OF SAN BERNARDINO
4
(City), a municipal corporation, and the BOYS CLUBS OF SAN
5
BERNARDINO, INC. (BOYS CLUBS), a non-prOfit corporation,
6
WITNESSETH:
7
WHEREAS, there exists in our society a growing problem with
8
drug addiction; and
9
WHEREAS, this drug problem is especially acute among the
10
youth of our nation, state and community resulting in the loss of
11
education, family commitment, and health; and
12
WHEREAS, these drug-related problems have a detrimental
13
affect on the future of our community and our society; and
14
WHEREAS, BOYS CLUBS OF SAN BERNARDINO, INC., proposes to
15
sponsor a dance to raise funds to fight this invidious threat to
16
our community; and
17
WHEREAS, City desires to assist in this effort.
18
NOW, THEREFORE, the parties hereto agree as follows:
19
1. BOYS CLUBS will sponsor a dance to be held on September
20
21 12, 1987, the purpose of which is to oppose the use and abuse of
22 illicit drugs, such dance also acting as a fund raiser to
23 generate funds to finance further anti-drug activities.
24 2. City will make available to BOYS CLUBS an amount not to
25 exceed Thirty-Five Hundred Dollars ($3,500) to be paid directly
26 to vendors of BOYS CLUBS upon the receipt of appropriate invoices
for services and materials.
27
28
1
EXHIBIT "A"
Ii
1 3. BOYS CLUBS OF SAN BERNARDINO, INC., hereby agrees that
2 such dance will not involve any promotion of religion or partisan
3 politics in any way.
4 4. BOYS CLUBS hereby agrees to hold harmless, protect and
5 defend the City of San Bernardino, its officers, agents and
6 employees from any and all liability (potential or actual) which
7 may arise due to the conduct of the aforementioned dance and any
8 agreements entered into in relation thereto.
9 5. The parties hereto agree and understand that this
10 agreement does not create the relationship of partners, joint
11 venturers, or any other relationship between City and BOYS CLUBS
12 other than that of grantor/grantee of the funds herein provided
13 for.
14 IN WITNESS WHEREOF, the parties hereto have executed this
15 agreement on the day and date first above shown.
16
17
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19
CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
City Clerk
20
21
22
BOYS CLUBS OF SAN BERNARDINO, INC.
By
^
(A(1.,..., 1 / ri-vl->d1.,
rtty Attorney
27 j
23
24 Approved as to form
and legal content:
25"
26
Jerry Herndon
Executive Director
28
2