HomeMy WebLinkAbout05.E- Parks, Recreation & Community Services 5.E
RESOLUTION (ID # 4558) DOC ID: 4558 C
10 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Jim Tickemyer M/CC Meeting Date: 08/15/2016
Prepared by: Christina Chartier, (909)
384-5233
Dept: Parks, Recreation & Community Ward(s): 6
Services
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the City Manager to Execute a Lease Agreement Between the City of San Bernardino
and United Nations of Consciousness for Use of Anne Shirrells Community Center.
(#4558)
Current Business Registration Certificate: No
Financial Impact:
Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account
No.>>
Account Description: <<Insert Account Description>>
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
06/06/16 MCC Adopted Resolution 2016-105 Approving a facilities use agreement
between the City of San Bernardino and United Nations of Consciousness for the use of
the Anne Shirrells Community Center from Junel0, 2016 through August 10, 2016.
Background:
The Parks, Recreation and Community Services Department has recently established a
community center at Anne Shirrells Park located at 1367 North California Street in the
6th Ward of the City of San Bernardino. The community center is made of modular units
that were purchased by the City prior to bankruptcy and just recently received funding
and approval to complete the project. Anne Shirrells Park was the previous home of the
Operation Phoenix West Center. The Operation Phoenix West Center was closed due
to budgeting constraints and restructuring of the department. The modular units that
were used for this center were dismantled and removed due to safety and health
concerns.
Partnerships with other agencies within the community has been an ongoing endeavor
in order to continue occupancy and activities at our City's facilities. The Parks,
Recreation and Community Services has meet with various agencies to determine the
best fit for this location. United Nations of Consciousness is a local non-profit 501 (c) (3)
Updated: 8/9/2016 by Jolena E. Grider C I Packet Pg.91
5.E
4558
that has been endorsed by the NAACP San Bernardino Branch, the Inland Empire
Concerned African American Churches and by the Inland Empire Black Chamber of
Commerce and has been determined to be the best fit for this facility at this time.
United Nations of Consciousness has been successfully providing services at the Anne
Shirrells Community Center through funding from the City of San Bernardino School
District and would like to continue providing those services.
City Attorney Review:
Supporting Documents:
Resolution (DOC)
agrmt. 4558 (PDF)
Exhibit B UNC FINANCE PROCEDURES (DOCX)
Exhibit C AnneShirrellsCommunityCenterOpsPlan (PDF)
Exhibit D UNC Reviewed Financial Statements - As of 6.30.16 (2) (PDF)
Updated: 8/9/2016 by Jolena E. Grider C Packet Pg.92
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
3 LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
4 UNITED NATIONS OF CONSCIOUSNESS FOR USE OF ANNE SHIRRELLS
COMMUNITY CENTER.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. That the City Manager is hereby authorized to execute a Lease
9 Agreement between the City of San Bernardino and United Nations of Consciousness for the
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10 use of the Anne Shirrells Community Center located at 1367 N. California Street, San 2�
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Bernardino, CA 92411, a copy of which is attached hereto,marked Exhibit"A" and
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incorporated herein by reference as fully as though set forth at length. u
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SECTION 2. That the authorization granted hereunder shall expire and be void and LO
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of no further effect if the agreement is not executed by both parties and returned to the office
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17 of the City Clerk within sixty(60) days following the effective date of the resolution. o
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
2 LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
UNITED NATIONS OF CONSCIOUSNESS FOR USE OF THE ANNE SHIRRELLS
3 COMMUNITY CENTER.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a meeting
7
thereof, held on the day of , 2016,by the following vote,to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ
11 a
BARRIOS
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VALDIVIA N
13
14 SHORETT Q
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15 NICKEL LO
16 RICHARD o
17 MULVIHILL c
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19 E
Georgeann Hanna, City Clerk
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21 The foregoing resolution is hereby approved this day of , 2016.
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23 R. Carey Davis,Mayor
24 City of San Bernardino
25 Approved as to form:
26 Gary D. Saenz, City Attorney
27 By:
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LEASE AGREEMENT
CITY OF SAN BERNARDINO
and
( UNITED NATIONS OF CONCIOUSNESS, INC.
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CITY: CITY OF SAN BERNARDINO
300 North"D" Street
San Bernardino, CA 92418
LESSEE: UNITED NATIONS OF CONCIOUSNESS, INC.
15469 Crimson Street E
Fontana, CA 92336
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ADDRESS: Anne Shirrells Community Center
1367 N. California Street co
San Bernardino, CA 92411 =
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TERM OF LEASE: Three (3) Years with Two (2) One-year Options 'IT
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COMMENCEMENT: ,2016 E
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LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND UNITED NATIONS OF
CONCIOUSNESS, INC. FOR ANNE SHIRRELLS COMMUNITY CENTER
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1. PARTIES.
This Lease AGREEMENT (the"AGREEMENT") is entered into this day of August,
2016
BY AND BETWEEN
the City of San Bernardino, a Charter City organized under the laws of the State
of California,with an address of 300 N. "D" Street, San Bernardino, California
(the"CITY")
AND,
United Nations of Consciousness, Inc. a corporation incorporated under the laws
of the State of California and having its principal place of business at 15469 E
Crimson Street,Fontana, California 92336 (the"LESSEE") (individually CITY (D
or LESSEE may be referred to as a "PARTY" and collectively CITY and a
LESSEE may be referred to as the "PARTIES")
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WHO AGREE AS FOLLOWS;
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2. PREMISES LEASED. 00
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CITY leases to LESSEE and LESSEE leases from CITY the Anne Shirrells Community 00
Center (the "PREMISES"), a 4,200 square foot community center at Anne Shirrells Park. 0
The PREMISES is located at 1367 N. California Street in the City of San Bernardino and the
County of San Bernardino and contains open recreation area, four (4) offices, restrooms and an
a break room.
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3. TERM.
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The AGREEMENT's initial term("INITIAL TERM") shall commence on August 15,2016
("COMMENCEMENT DATE") and end on June 30, 2019 ("ENDING DATE").
4. RENT.
4.1 LESSEE shall pay to CITY the following rental payments in advance on the first day
of each month, commencing on COMMENCEMENT DATE, and continuing through
the INITIAL TERM,
Year One (1) [commencement date through June 30, 24171 $1,008.00 per month
Year Two (2) [July 1, 2017 through June 30, 2018] $1,008.00 per month
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND UNITED NATIONS OF
CONCIOUSNESS,INC. FOR ANNE SHIRRELLS COMMUNITY CENTER
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Year Three (3) [July 1,2018 through June 30,20191 $1,764.00 per month
4.2 Rent for any partial month shall be prorated based on the actual number of days of the
month. CITY shall accept all rent and other payments from LESSEE under this
AGREEMENT via electronic funds transfer directly deposited into the CITY's
designated checking or other bank account or any other means mutually agreed upon
by the CITY and LESSEE. CITY shall provide to LESSEE all directions,
information, and forms necessary to process EFT payments.
5. OPTION TO EXTEND TERM.
CITY gives to LESSEE the option to extend the term of the LEASE on the same provisions
and conditions, except for monthly rent, for two (2) one-year periods ("EXTENDED
TERMS") following expiration of the INITIAL TERM, by LESSEE giving notice of its 0)
intention to exercise the option to CITY within thirty (30) days' prior to the expiration of the Q
preceding term or during any holding over pursuant to SECTION 7, HOLDING OVER. The
rent for each extended term shall be adjusted by good faith negotiations of the PARTIES to
the fair market rental rate then prevailing based on the rental rates of comparable leased
property in the City of San Bernardino. The extensions and monthly rate adjustments will be Q
pursuant to written authorization of the City Manager. This Agreement may be terminated at
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any time upon thirty (30) days written notice by either parry. Ln
6. RETURN OF PREMISES. 00
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The LESSEE agrees that it will, upon termination of this AGREEMENT, return the
PREMISES in good condition and repair as the PREMISES now are or shall hereafter be put; C
reasonable wear and tear excepted.
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7. HOLDING OVER.
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In the event the LESSEE shall hold over and continue to occupy the PREMISES with the
consent of the CITY, whose consent shall only be given in writing, and may be pursuant to
the written authorization of the City Manager only, and in the sole discretion of CITY,the
tenancy shall be deemed to be a tenancy from month-to-month upon the same terms and
conditions, including rent, as existed and prevailed at the time of the expiration of the term of
this AGREEMENT.
8. TAXES..
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CONCIOUSNESS,INC.FOR ANNE SHIRRELLS COMMUNITY CENTER
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CITY shall pay all real property taxes, and general and special assessments levied and
assessed against the PREMISES.
9. USE.
LESSEE shall occupy and use the PREMISES during the term hereof exclusively for the
operation of the agreed upon Anne Shirrells Community Center Operations Plan and in
compliance with all federal, state and local laws.
10. HEALTH SAFETY AND FIRE CODE REQUIRE,MENTS.
10.1 CITY shall, at its sole expense, ensure that the PREMISES meets applicable
requirements of all Health, Safety, Fire and Building Codes, statutes, regulations
and ordinances for public and governmental buildings including any requirements E
for a notice of completion, certificate of occupancy, or California Title 24 a
requirements. Q
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10.2 CITY shall, at its sole expense, ensure that the PREMISES meets the applicable
requirements of the Americans with Disabilities Act ("ADA"). (D
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11. SIGNS. 00
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LESSEE will display from windows and/or marquee of the PREMISES only such sign or 00
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signs as are not prohibited by law.
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12. MAINTENANCE.
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12.1 CITY shall, at its sole expense, perform such inspections, maintenance and repairs E
are necessary to ensure that all portions of the PREMISES, including but not
limited to the following, are at all time in good repair and safe conditions: a
12.1.1 The structural parts of the building and other improvements that are a part
of the PREMISES, which structural parts include the foundations,bearing and
exterior walls (including glass and doors), subflooring, and roof,and,
12.1.2 The electrical, plumbing, and sewage systems, including, without limitation,
those portions of the systems, including, without limitation, those portions of
the systems owned or controlled by CITY lying outside the PREMISES;and,
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CONCIOUSNESS, INC.FOR ANNE SHIRRELLS COMMUNI'T'Y CENTER
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12.1.3 Window frames, gutters, and downspouts on the building and other
improvements th at are part of the PREMISES; and,
12.1.4 Heating, ventilation and air conditioning (HVAC) systems servicing the
PREMISES including changing heating and air-conditioning filters ever four
(4) months; and,
12.1.5 The grounds, including all parking areas and outside lighting, grass, trees,
shrubbery and other flora; and,
12.1.6 LESSEE shall, at its sole expense,provide janitorial services, keep the interior
of the PREMISES in a clean and orderly condition, reasonable wear and tear
excluded, and undertake minor maintenance of the interior PREMISES such
as unstoppage of toilets and changing of light bulbs and servicing of the fire E
extinguisher or any other fire suppression equipment attached to the facility.
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12.1.7 LESSEE shall at regular intervals,but no less than monthly,conduct an L
inspection of the PREMISES to determine if any maintenance or repair is
necessary. LESSEE shall communicate the necessity for maintenance or aD
repair to the CITY in writing in conformity with Section 24, NOTICE. If Q
LESSEE gives notice to CITY of a condition requiring maintenance or repair,
CITY shall use its best efforts to diligently commence the performance of its LO
maintenance or repair obligations within a reasonable time of receiving such 00
notice. In the case of an emergency where maintenance or repair must occur LO
immediately and CITY is unable to perform its obligation to maintain or E
repair immediately, LESSEE may perform maintenance or repair. CITY shall
deduct the sum of LESSEE's actual and reasonable expenses of performing
emergency maintenance or repair from LESSEE's future rental payments until E
LESSEE is reimbursed in full upon presentation of receipts an/or other
documentation supporting the amount expended. <
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13. ALTERATIONS.
Upon thirty (30) days' notice to the CITY and with the CITY's consent,which shall be given
in writing at the sole discretion of CITY, LESSEE may place modular units to serve as office
and classroom space, or modify existing building structures on the PREMISES, but solely at
expense of LESSEE. Any and all permits acquisition and installation of utility lines are the
sole responsibility of the LESSEE. Upon termination of this AGREEMENT, LESSEE shall
remove said modules at its own expense and leave the PREMISES in the same condition it
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND UNITED NATIONS OF
CONCIOUSNESS, INC. FOR ANNE SHIRRELLS COMMUNITY CENTER
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was at the time such modules were placed there, unless the PARTIES mutually agree to
maintain the modules on the PREMISES.
14. FIXTURES.
LESSEE shall have the right during the term(s) of this AGREEMENT to install shelving and
fixtures, and make interior, non-structural improvements or alterations on the PREMISES.
Such shelving, fixtures, improvements, and alterations shall remain property of the LESSEE
and may be removed by the LESSEE during the term(s) of this AGREEMENT or within a
reasonable time thereafter, provided that the LESSEE restores the PREMISES to the
condition as it existed at the commencement of this AGREEMENT, reasonable wear and tear
excluded, or the LESSEE may elect, with CITY's written consent to be given at CITY's sole
discretion, to surrender all or any part of such shelving, fixture, improvements and
alterations, to the CITY, in which case LESSEE shall have no duty to restore the E
PREMISES.
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15. UTILITIES.
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CITY shall furnish to the PREMISES and CITY shall pay all service charges and related
taxes for electric, gas, water, fire alarm services and all other utilities. LESSEE shall furnish a
and pay for its own security,telephone, cable, internet services and will contract with Burrtec co
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for trash services. V
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16. HOLD HARLMLESS. Ul)
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LESSEE agrees to and shall indemnify and hold the CITY, its elected officials, employees,
agents, or representative, free and harmless from all claims, actions, damages and liabilities
of any kind and nature arising from bodily injury, including death,or property damage,based E
or asserted upon any actual or alleged act or omission of LESSEE, its employees, agents, or
subcontractors, arising, relating to, or in any way connected with the performance under this a
AGREEMENT, unless the bodily injury or property damage was actually caused by the sole
negligence of the CITY, its elected officials, employees, agents or representatives. As part of
the foregoing indemnity, LESSEE agrees to protect and defend at its own expense, including
attorney's fees, the CITY, its elected officials, employees, agents or representative from any
and all legal actions based upon such actual or alleged acts or omissions. LESSEE hereby
waives any and all rights to any types of express or implied indemnity against the CITY, its
elected officials, employees, agents or representatives, with respect to third party claims
against the LESSEE relating to or in any way connected with the accomplishment of the
work or performance of services under this AGREEMENT.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND UNITED NATIONS OF
CONCIOUSNESS, INC.FOR ANNE SHIRRELLS COMMUNITY CENTER
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17.INSURANCE.
17.1 CITY is a self-insured public entity for the purposes of professional liability,
General liability, and workers' compensation.
17.2 LESSEE shall obtain and maintain during the life of this AGREEMENT all of
the following insurance coverage:
17.2.1 Comprehensive general liability, including premises-operations,
products/Completed operations, broad form property damage blanket
contractual liability, fire, premises liability, and personal injury with a policy
limit of not less than One Million Dollars ($1,000,000.00), combined single E
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limits, per occurrence and aggregate.
17.2.2 Automobile liability for owned vehicles, hired and non-owned vehicles, with L
Policy limit of not less than One Million Dollars ($1,000,000.00), combined
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single limits,per occurrence and aggregate. c
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17.2.3 Worker's compensation insurance as required by the State of California
17.3 The comprehensive general liability insurance policy shall contain or be endorsed 00
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to contain the following provision:
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17.3.1 Additional insureds: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds with
respect to this subject project and contract with City." E
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17.3.2 Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the a
coverage reduced,until thirty (300 days after written notice is given to City."
17.3.3 Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance provided
by this policy."
17.4 LESSEE shall provide to CITY certificates of insurance showing the insurance
coverages and required endorsements described above, in a form and content
approved by CITY,prior to performing any services under this AGREEMENT.
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CONCIOUSNESS, INC.FOR ANNE SHIRRELLS COMMUNITY CENTER
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17.5 Nothing in this Section shall be construed as limiting in any way, the
indemnification provision contained within this AGREEMENT, or the extent to
which LESSEE may be held responsible for payments of damages to persons or
property.
18.DESTRUCTION OF PREMISIES.
18.1 During the term(s) of this AGREEMENT,if any casualty, other than resulting
from LESSEE's use of the PREMISES, renders a portion of the PREMISES
unusable for the purpose intended, then CITY shall, at CITY's sole expense,
restore the PREMISES and repair any damages caused by such casualty as soon
as reasonable possible and this AGREEMENT shall continue in full force and c
effect. If CITY does not commence the restoration of the PREMISES in a E
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substantial and meaningful way within thirty (30) days following the CITY's
receipt of written notice of the casualty, or should CITY fail to diligently pursue <
completion of the restoration of the PREMISES, or if the time required to restore 0
the PREMISES is estimated to exceed ninety (90) days, LESSEE may, at its
option, terminate this AGREEMENT immediately upon written notice to the c
CITY. If LESSEE elects to terminate this AGREEMENT pursuant to this section,
LESSEE shall be discharged from all future obligations under this
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AGREEMENT.
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18.2 In the event there is a destruction of a portion of the PREMISES as set out in
Subsection 18.1 above, there shall be an abatement or reduction in the rent
between the date of the destruction and the date of completion of the restoration
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or the date of termination of the AGREEMENT, whichever comes first. The c
abatement or reduction in rent shall be in proportion to the degree to which E
LESSEE's use of the PREMISES is impaired. U
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18.3 In the event the CITY is required to restore PREMISES as provided in Subsection
1.8.1 above, CITY shall not be required to restore any structure or exterior
improvements or alterations made to the PREMISES by LESSEE pursuant to
Section 13, Alterations above or any shelving, fixtures, or interior nonstructural
improvements or alterations made by LESSEE pursuant to Section 14, Fixtures
above.
18.4 If any casualty resulting from LESSEE's use of the PREMISES renders the
PREMISES unusable for the purposes intended, or for any other purpose,then
LESSEE shall, at LESSEE's sole expense,restore the PREMISES and repair any
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damages caused by such casualty as soon as reasonably possible and this
AGREEMENT shall continue in full force and effect.
18.4 It is the purpose and intent of Subsections 18.1 through 18.4, inclusive,to
determine what PARTY shall bear the initial responsibility for restoration of the
PREMISES in the event of any such destruction and not to determine the PARTY
ultimately responsible for the costs of such restoration.
19. CITY'S DEFAULT.
Except where another time limit is specifically provided, CITY shall be in default of this
AGREEMENT if CITY fails or refuses to perform any material provisions of this
AGREEMENT and such failure or refusal to perform is not cured within thirty (30) days
following CITY's receipt of written notice of default from LESSEE. If the default cannot be E
reasonably cured within thirty (30) days, CITY shall not be in default of this AGREEMENT
if City commences to cure the default within the thirty (30) day period and diligently and in N
good faith continues to cure the default.
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20. LESSEE'S REMEDIES ON CITY'S DEFAULT.
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LESSEE, at any time after CITY is in default,can terminate this AGREEMENT immediately 00
upon written notice to CITY or can cure the default. If LESSEE at any time, by reason of LO
CITY's default, pays any sum or does any act that requires the payment of any sum, the sum co
paid by LESSEE shall have the right to withhold from future rent due the sum LESSEE has
paid until LESSEE is reimbursed in full for the sum. The remedies set forth in this section
are in addition to and do not in any manner limit other remedies set forth in particular C
sections of this AGREEMENT. c
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21.LESSEE'S DEFAULT. a
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The occurrence of any one or more of the following event shall constitute a default and
breach of this AGREEMENT by LESSEE:
21.1 The vacating for more than thirty(300 consecutive days or abandonment of the
PREMISES by LESSEE.
21.2 The failure of LESSEE to perform any material provisions of this AGREEMENT
to be performed by LESSEE, including the payment of rent, upon written notice
by the CITY to LESSEE.
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21.3 It is not the purpose of this section to extend the notice requirements of the
unlawful detainer statutes in California.
22. CITY'S REMEDIES ON LESSEE'S DEFAULT.
It is not the purpose of this section to extend the notice requirements of the unlawful detainer
statutes in California. The remedies contained herein are in addition to, and not in lieu of,
any other remedies available to CITY under relevant state law.
22.1 In the event of any default by LESSEE, which is not cured by LESSEE, CITY
may at its election,terminate this AGREEMENT by giving LESSEE thirty(30)
days' notice of termination.
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22.2 On termination of this AGREEMENT for default pursuant to this section CITY E
shall have the right to recover from LESSEE all amounts for any and all damages, rn
which may be the direct or indirect result of such default, including, but not
limited to:
22.21 The worth, at the time of the award, of the unpaid rent that has been earned at c
the time of the termination of the AGREEMENT; and, Q
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22.2.2 The worth, at the time of the award, of the amount by which unpaid rent that LO
would have been earned after the date of termination of this AGREEMENT 00
until the time of award exceeds the amount of the loss of rent that CITY v
proves could not have been reasonably avoided; and, E
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22.2.3 The worth, at the time of the award, of the amount by which the unpaid rent E
for the balance of the term after the time of award exceeds the amount of the
loss of rent that CITY proves could not have been reasonably avoided; and a
22.2.4 Any other amount necessary to compensate the CITY for all detriment
proximately caused by LESSEE's default which CITY proves could not have
been reasonably avoided.
22.2.5 "The worth, at the time of the award," as used in this section is to be
computed by allowing interest at the maximum rate CITY is permitted by law
to charge or computed by discounting the amount at the discount rate of the
Federal Reserve Bank of San Francisco at the time of the award, plus one
percent (I%)-
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23. CITY'S ACCESS TO PREMISES.
CITY and its authorized representative shall have the right to enter the PREMISES at all
reasonable times for any of the following conditions:
23.1 To deterinine whether the PREMISES are in good condition; and,
23.2 To do any necessary maintenance and to make any restoration to the PREMISES
that CITY has the right or obligation to perform; and,
23.3 To serve,post, or keep posted any notices required by law; and,
23.4 To post"for sale" signs at any time during the term,to post "for rent" or"for
lease" signs during the last three(3)months of the term; an d, E
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23.5 To show the PREMISES to prospective brokers, agents,buyers,tenants, lenders y
or persons interested in an exchange, at any time during the term; and,
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23.6 For any other lawful purpose. N
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City shall conduct its activities on the PREMISES as allowed in this section in a manner that Q
will reduce possible inconvenience,annoyance, or disturbance to LESSEE. 00
24.NOTICES. 0D In
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Any notices, documents, correspondence, or other communication concerning this E
AGREEMENT or the services provided hereunder may be provided by personal delivery or
U.S. Mail. If personally delivered the notice shall be deemed delivered at the time of
personal delivery. If sent by U.S. Mail the notice shall be deemed delivered forty-eight (48) E
hours after deposit in the U.S. Mail as reflected by the official U.S. postmark.
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TO THE CITY: TO THE LESSEE:
Jim Tickemyer, Acting Director La'Nae Norwood
Parks Department United Nations of Consciousness
201 N"E" Street, Ste. 301 15469 Crimson Street
San Bernardino, CA 92401 Fontana, CA 92336
Either PARTY may change the address for delivery of notices by sending notice of the
change to the other PARTY in conformity with this Section.
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D NIT DR ATIONS OF
CONCIOUSNESS, INC.FOR ANNE SHIRR
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25.ASSIGNMENT.
LESSEE shall not voluntarily or by operation of law assign, transfer, sublet or encumber all
or any part of the LESSEE's interest in this AGREEMENT without CITY's prior written
consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and
shall constitute a breach of this AGREEMENT and cause for the termination of this
AGREEMENT. Regardless of CITY's Consent, no subletting or assignment shall release
LESSEE of LESSE's obligation to perform all other obligations to be performed by LESSEE
hereunder for the term of this AGREEMENT.
26. ENTIRE AGREEMENT.
This AGREEMENT constitutes the entire agreement and the understanding between the
PARTIES, and supersedes any prior agreements and understanding relating to the subject
matter of this AGREEMENT. (D,
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27. REMEDIES: WAIVER. L
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All remedies available to either PARTY for one or more breaches by the other PARTY are c
and shall be deemed cumulative and may be exercised separately or concurrently without a
waiver of any other remedies. 00
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The delay or failure of either PARTY to require performance or compliance of the other of W
any of its obligations under this AGREEMENT shall in no way be deemed a waiver of those LO
rights to require such performance or compliance. No waiver of any provisions of this
AGREEMENT shall be effective unless made in writing and signed by a duly authorized
representative of the PARTY against whom it is sought. The waiver of any right or remedy c
with respect to any occurrence or event shall not be deemed a waiver of such right or remedy
with respect to any future occurrences or events and shall not be deemed a continuing waiver. a
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28. AMENDMENT.
No amendment to this AGREEMENT will be effective unless it is in writing and signed by
both PARTIES.
29. SUCCESSORS AND ASSIGNS.
This AGREEMENT shall be binding on and inure to the benefit of the PARTIES to this
AGREEMENT and their respective heirs,representative, successors, and assigns.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND UNITED NATIONS OF
CONCIOUSNESS, INC.FOR ANNE SHIRRELLS COMMUNITY CENTER
Page 12 of 18
Packet Pg.106
30. SEVERABILITY.
If any provision of this AGREEMENT is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terns and provisions hereof or of the offending provisions in
any other circumstance, and the remaining provisions of this AGREEMENT shall remain in
full force and effect.
31. TIME IS OF THE ESSENCE.
Time is of the essence of each provision of this AGREEMENT which is specifies a time
within which performance is to occur. In the absence of any specific time for performance,
performance may be within a reasonable time.
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32. QUIET ENJOYMENT.
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Subject to the provisions of this AGREEMENT and conditioned upon performance of all the L
provisions to be performed by LESSEE hereunder, CITY shall secure to LESSEE during the
AGREEMENT term the quiet and peaceful possession of the PREMISES and all rights and Cn
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privileges appertaining thereto. Q
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33.PROVISIONS ARE CONVENANTS AND CONDITIONS.
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All provision, whether covenants or conditions, on the part of either PARTY shall be deemed
both covenants and conditions. E
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34. CONSENT.
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Whenever consent or approval of either PARTY is required that PARTY shall not
unreasonably withhold, condition, or delay such consent or approval, unless the provision Q
providing for such consent or approval specifically provides such consent or approval may be
given in the PARTY's discretion.
35. EXH "�s-
All exhibits referred to are attached to this AGREEMENT and incorporated by reference.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND UNITED NATIONS OF
CONCIOUSNESS, INC.FOR ANNE SBIRRELLS COMMUNITY CENTER
Page 13 of 18
Packet Pg. 107
f5.E.b
36. LAW.
This AGREEMENT shall be governed and construed under the laws of the State of
California without giving effect to that body of laws pertaining to conflict of laws.
37.VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
AGREEMENT shall be tried and litigated either in the Superior Court of the State of
California for the County of San Bernardino or the United States District Court for the
Central District of California, Riverside Division. The aforementioned choice of venue is
intended by the parties to be mandatory and not permissive in nature.
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38.ATTORNEY'S FEES AND COSTS. E
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In the event that litigation is brought by any PARTY in connection with this AGREEMENT, N
the prevailing party shall be entitled to recover from the opposing party all costs and L
expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, c
conditions or provisions enforcing this AGREEMENT on behalf of the CITY shall be Q
considered as "attorneys' fees" for the purposes of this section.
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39.RIGHT TO TERMINATE. LO
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This AGREEMENT may be terminated at any time by thirty (300 days written notice by
either PARTY for any reason or no reason. In the event that LESSEE terminates this
AGREEMENT pursuant to this section, the CITY shall have the right to receive from
LESSEE only the rent which would have been earned at the date of termination of this E
AGREEMENT.
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40.HEADINGS.
The subject headings of the sections of this AGREEMENT are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERN RING NID UNIT DR NATIONS OF
CONCIOUSNESS,INC.FOR ANNE
Page 14 of 18
Packet Pg. 108
4
41. SURVIVAL.
The obligations of the PARTIES that, by their nature, continue beyond the term of the
AGREEMENT, will survive the termination of the AGREEMENT.
42.ESTOPPEL CERTIFICATE.
Each PARTY within thirty (30) days after notice from the other PARTY shall execute and
deliver to the other PARTY, in recordable form, a certificate stating that this AGREEMENT
is urimodified and in full force and effect, or in full force and effect as modified, and stating
the modifications. The certificate also shall state the amount of minimum monthly rent, the
dates to which the rent has been paid in advance, the amount of any security deposit or
prepaid rent, and that there are no uncured defaults or specifying in reasonable detail the
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nature of any uncured default claimed. Failure to deliver this certificate within thirty (30) E
days shall be conclusive upon the PARTY requesting the certificate any successor to the L
PARTY requesting the certificate, that this AGREEMENT is in full force and effect and has N
not been modified except as may be represented by the PARTY requesting the certificate,
and that there are no uncured defaults on the part of the PARTY requesting the certificate.
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43. PUBLIC RECORDS DISCLOSURE. a
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All information received by the CITY concerning this AGREEMENT, including the a
AGREEMENT itself, may be treated as public information subject to disclosure under the 00
provisions of the California Public Records Act, Government Code Section 6250 et seq. (the
"Public Records Act"). The PARTIES understand that although all materials received in E
connection with this AGREEMENT are intended for the exclusive use of the PARTIES,they
are potentially subject to disclosure under the provisions of the Public Records Act.
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44. CONDITIONS OF PREMISES.
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The CITY shall take reasonable efforts to deliver the PREMISES to LESSEE clean and free
of debris on the COMMENCEMENT DATE but makes no warranty as to the condition of
the PREMISES on COMMENCEMENT DATE or the PREMISES' suitability for a
particular use. LESSEE agrees that it has not relied upon any representation by CITY as to
the condition of the PREMISIS or the PREMISES' suitability for a particular use when
determining whether to enter into this AGREEMENT.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND UNITED NATIONS OF
CONCIOUSNESS, INC.FOR ANNE SHIRRELLS COMMUNITY CENTER
Page 15 of 18
Packet Pg. 109
5.E.b
45. CONDEMNATION.
If any legally, constituted authority condemns the PREMISES or such part thereof which
shall make the PREMISES unsuitable for leasing, this AGREEMENT shall cease when the
public authority takes possession, and CITY and LESSEE shall account for rental as of that
date. Such termination shall be without prejudice to the rights of either PARTY to recover
compensation from the condemning authority for any loss or damage caused by the
condemning authority.
46. MATERIAL REPRESENTATION.
If during the course of the administration of this AGREEMENT, a PARTY determines that
the other PARTY has made a material misstatement or misrepresentation or that materially
inaccurate information has been provided to the PARTY, this AGREEMENT may be E
immediately terminated. If this AGREEMENT is terminated according to this section, the
terminating PARTY is entitled to pursue any available legal remedies. Q
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47. INTERPRETATIONS. N
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The PARTIES have participated jointly in the negotiation and drafting of this a
AGREEMENT. In the event an ambiguity or question of intent or interpretation arises with 00
respect to this AGREEMENT, this AGREEMENT shall be construed as if drafted jointly by 1*
the PARTIES and in accordance with its fair meaning. There shall be no presumption or 00
burden of proof favoring or disfavoring any Party by virtue of authorship of any of the Ln
provisions of this AGREEMENT. E
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48. COUNTERPARTS.
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This AGREEMENT may be executed in counterparts, each of which shall be deemed to be
an original, but all of which taken together, shall constitute one and the same agreement. In Q
the event that any signature is delivered by facsimile transmission or by e-mail delivery of a
".pdf' format date file, such signature shall create a valid and binding obligation of the
PARTY executing (or on whose behalf such signature is executed) with the same force and
effect as if such facsimile or".pdf'signature page were an original thereof.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND UNITED NATIONS OF
CONCIOUSNESS, INC.FOR ANNE SHIRRELLS COMMUNITY CENTER
Page 16 of 18
Packet Pg. 110
5.E.b
49. CORPORATE AUTHORITY.
Each person executing this AGREEMENT on behalf of the PARTIES hereto warrant that
they are duly authorized to execute this AGREEMENT on behalf of said PARTIES and that
by doing so, the PARTIES hereto are formally bound to the provisions of this
AGREEMENT.
50. ORDER OF PRECEDENCE.
In the event of any inconsistency or conflict in this AGREEMENT and any of the attached
Exhibits or Attachments,the terms set forth in this AGREEMENT shall prevail.
51.FORCE MAJEURE. c
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A PARTY shall not be liable for any failure or delay in the performance of this
AGREEMENT for the period that such failure or delay is due to causes beyond its reasonable
control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, L
governmental orders or any other force majeure event.
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LESSEE agrees to abide by all federal, state, and local laws, ordinances and regulations. LO
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53. NON-DISCRIMINATION.
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In the performance of this AGREEMENT, use of the PREMISES, and in the hiring and
recruitment of employees, LESSEE shall not engage in, nor permit its officers, employees or
agents to engage in, discrimination in employment of persons because of their race, religion, E
color, national origin, ancestry, age, mental or physical disability, medical condition, marital
status, sexual gender or sexual orientation, or any other status protected by law. a
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND UNITED NATIONS OF
CONCIOUSNESS,INC. FOR ANNE SHIRRELLS COMMUNITY CENTER
Page 17 of 18
Packet Pg. 111
5.E.b
LEASE AGREEMENT
CITY OF SAN 13ERNARDINO
and
UNITED NATIONS OF CONCIOUSNESS,INC.
CITY: LESSEE:
Mark Scott, City Manager Its: c
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Gary D. Saenz, City Attorney
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LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND UNITED NATIONS OF
CONCIOUSNESS, INC.FOR ANNE SHIRRELLS COMMUNITY CENTER
Page 18 of 18
Packet Pg. 112
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BASIC INANC' ' ROCEDURES
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This document was created to assist in developing and maintaining m
internal controls related to the finances of UNC. The procedures X
outlined in this document are to ensure the accuracy of the UNC W
accounts until an accountant or bookkeeper is hired to manage the
I UNC finances. This is for the current fiscal year January 2016 to
December 2016 only. These procedures are subject to change based
on the needs of the organization. Procedures may need to be modified a
to further enhance the bookkeeping procedures and to ensure
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accuracy.
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MONTHLY BANK RECONCILIATION PROCESS
i 11 The treasurer will balance the UNC checkbook once per month in order to know how much cash
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the organization has to operate.
o The treasurer will do this through the bank reconciliation process.
j o The treasurer will receive all unopened bank statements each month.
i o The treasurer will review all activity and be confident that all transactions are valid.
o The treasurer will initial the bank statement indicating his or her review.
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o Once this process is done a second reviewer will review the accounts to ensure for
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accuracy(due to the fact that at this time there is not an outside licensed accountant or
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bookkeeper for the organization.) The second reviewer will then initial the bank E
statement to indicate that the second review was complete.
❑ BANK RECONCILIATION PROCESS: a
o The treasurer will have the previous month's bank statement showing activity from that
month and an ending balance. (If on-line banking is used and an attempt to reconcile
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the account is being made before the monthly statement arrives, print out the activity
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from the date of the last reconciliation to the current date).The treasurer will make Q
sure that he or she will have the bank balance as of the date of the account
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reconciliation. to
o The treasurer will also have the general ledger(e.g. spreadsheet or accounting book),
which will include all the deposits and withdrawals made for that month. This will w
include all monies received (e.g., donations/grants) and paid out to vendors and fixed o
expenses (e.g. rent) as well as transactions with petty cash made during that month. v
o Compare the deposits from the list of deposits from the general ledger to what is in the W
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bank statement.Any deposit recorded on your list that is not on the bank statement is w
considered an outstanding deposit. z
o Make sure the bank statement shows the same deposits from the ledger.Add any z
deposits missing from your list and adjust the expected balance on your spreadsheet by v
adding the missing deposits. D
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o Research the reasons behind all missing deposits and think of procedures that can be
implemented to keep this from happening again.
o Repeat the same steps for all checks and other withdrawals. Subtract any outstanding W
checks or withdrawals found in the ledger but not on the bank statement from the bank
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balance in the ledger.
o Compare the new bank balance on your spreadsheet to the balance on your bank
statement. Do they match? If the answer is no, go back and find what you may have Q
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overlooked. Did you include:
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❑ bank fees
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❑ electronic transfers
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PETTY CASH PROCEDURES
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i Petty cash is used for small, incidental expenses where it is not convenient to use a check; like for a
1 taxicab. Before a petty cash account is set up,the organization determines the maximum amount to be
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held in petty cash. FOR UNC,THE MAXIMUM AMOUNT THAT WILL BE HELD IN PETTY CASH,WILL BE:
$500.00 (This dictates how much cash should be replenished when receipts pile up and cash is
low.Typically, a check is written for cash at the bank and the cash is housed in a lock box.)This account
1 might seem small, but to outside auditors it is a prime example of how your organization manages
internal controls and cash,so treat it as you would a personal bank account.
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1 In order to predict and anticipate whether money will need to be paid out for any miscellaneous E
purchases during the course of the month,various committees and programs will request for money
1 during the board meetings in advance.The amount of money will be either approved, denied, or
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modified and then approved by the board and UNC members. Then the treasurer will take the N
necessary steps to pay out this month. This will allow for better management and tracking of UNC cash
flow each month. t
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❑ The executive director and treasurer will have the only access to the petty cash fund.
❑ Every time an individual needs cash from the box, a petty cash voucher should be signed and Q
placed in the box.The expense coding should be noted on the voucher.When cash is needed, a 0°
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slip is put in the lock box saying who took the cash.
❑ When a receipt is obtained for purchases,the receipt should be attached to the petty cash
voucher. w
❑ The voucher is replaced with the receipt for the expense and any change being returned to the p
lock box(The lockbox should be kept in a locked drawer or filing cabinet). v
❑ The Executive Director or Treasurer will record all expenses paid using petty cash into the UNC 0
general ledger(or spreadsheet) on a WEEKLY BASIS!The balance in your petty cash box should w
1 tie to the balance shown on the general ledger at all times. At all times the cash and the receipts U
signed for withdrawals should equal the total of the fund in the general ledger. Q
❑ When the cash in the box is low,the total of the vouchers should be added up and a check LL
written for that amount. The check should be made payable to the individual in charge of the U
petty cash.
❑ A copy of the check should be made and a summary of the expenses noted on the vouchers m
should be prepared and attached to the check copy. This will be the basis for recording the
activity in the general ledger. w
1 ❑ Under no circumstances should the petty cash fund be used to advance monies to employees in
the form of loans.
❑ AT THIS TIME,THE FINANCE COMMITTEE WILL NEED:
o To make (or purchase) petty cash vouchers from the office supply store
o BUY a lockbox for the petty cash Q
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o The treasurer will need a Petty CASH Ledger(or spreadsheet)to ensure the petty cash
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RECORDING AND DEPOSITING CHECKS AND CASH IN THE BANK (PROCEDURES)
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1 ❑ The executive director or treasurer should make A list of all checks and cash received.
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❑ In cases where an event is held, two people should always be present at each site in our to
collect and note the amount of money collected. The money should then be given to the
treasurer to include in the general ledger.
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1 ❑ For checks the organization should have a "For deposit only" stamp with the organization's
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1 name on it. Every check received should be stamped prior to deposit.
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Copies of the checks deposited are often kept as support for the deposit. If there has been any
notes or letters received with the check, it should be kept. E
❑ When the treasurer records the deposits in the general ledger, care should be given to the type a�
of revenue received. All like items should be coded to the same account. Q
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❑ The treasurer will notify on a monthly basis during the staff meetings the amount of the d
1 deposits made.
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❑ If a donor has restricted the usage of the contribution to a particular program, it will be
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necessary to record the amount as temporarily restricted and should be deposited into the =
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specific account for that program. All expenses incurred in connection with the grant and
program will need to be tracked separately. v
❑ Committee Person will deposit checks in bank and will give receipt to the treasurer for safe N
1 keeping and for reconciliation of bank records. W
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ACCOUNTS PAYABLE PROCEDURES
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1 PAYING OUT MONEY FOR LARGE EXPENSES
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❑ For a fixed bill that needs to be paid out on a monthly basis, that money for the expense will be
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1 deducted automatically from the appropriate account(e.g. rent)
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❑ When major purchases are made on behalf of UNC that will become a part of the charities
1 1 assets (e.g., projector, computer,file cabinet) the purchase must be agreed upon by board and
UNC members first before any pay outs occur.
❑ In order to predict and anticipate whether money will need to be paid out for any miscellaneous E
purchases during the course of the month,various committees and programs will request for Q
money during the board meetings in advance.The amount of money will be approved, denied, `0
or modified and then approved by the board and UNC members. Then the treasurer will take N
the necessary steps to pay out this month. This will allow for better management and tracking
of UNC cash flow each month.
❑ When paying a vendor or third party(not a fixed expense like rent)
1 o Pay ONLY from invoices. NO MONEY IS PAID OUT without a VALID invoice or contract c
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1 from the vendor.
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o The invoice is first checked for accuracy by the treasurer, meaning does the amount on L
i the invoice add up/match the service or items provided/or price match the contract.
o The invoice should be coded by type of account (OR department/program/grant)
o The person who authorized the purchase or service should approve the invoice in
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i writing by initially the invoice and stating what the invoice was for(e.g., supplies for a v
conference).The invoice should be coded by the person who ordered the service and/or 0
has responsibility for the budget being charged. w
o When writing checks,the check should be written out by the treasurer.The treasurer Z
should include in the general ledger/accounting system the number of the check Z
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o The unsigned check and the supporting documentation should be given to the executive Z
director to review and sign the check. m
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o Mark invoices"paid"to avoid duplicate payments and a copy of the check should be
1 attached to the invoice and then filed. w
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o The checks should then be mailed.
❑ Keep all unused check in a locked cabinet or closet. Only the treasurer should have access to E
1 the checks L)
❑ Checks over will require two signatures: (1)the treasurer and (2)the Executive Q
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Director
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❑ Someone other than the person writing and mailing the checks should receive the unopened
bank statement and review the contents before it is reconciled.
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PAYROLL PROCEDURES
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(Not applicable at this time)
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5.E.d
Anne Shirrells Community Center a
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Operations Plan
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United Nations of Consciousness 501(c)(3)
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5.E.d
Anne Shirrells Community Center
Operations Plan
Updated June 2016
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Lamar Simmons- Site Supervisor
2 Administrative Assistants ii
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Management Team
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La'Nae Norwood, President/ Executive Director
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Rafael Rawls, Treasurer a
Dr. Lawson Bush V, Advisor
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United Nations of Consciousness 501(c)(3) La'Nae Norwood, President
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323-244-7766
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S.E.d
Table of Contents
Introduction ......................................................................................................... 4
Executive Summary
Mission ............................................................ ...... ..............................5 ,
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Originand History ........................... ............................................................5 E
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MarketAnalysis .....................................................................................................6 Q
Advertising and Outreach .................................................... ..............................7 aD
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Services Analysis
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Hoursof Operation .......................................................................................7 d
Customer Service Standards ...........................................................................7 00
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ServiceCategories ........................................................................................7
ServiceArea ................................................................................................8 0.
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Business Action Plan Q
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Overview ......................................................................................................9
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Performance .................................................................................................9 c
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Volunteers ....................................................................................................10 E
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Fundraising ...................................................................................................10 N
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FinancialForecast ...................................................................................................12
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Introduction
The goal of this operations level program plan for the Anne Shirrells Community Center is to provide an
overview of United Nations of Consciousness (UNC), a nonprofit 501(c)(3) organization, and UNC's plan for E
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programming at the Anne Shirrells Community Center. This document will give City staff an understanding:
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• UNC's vision, mission, and goals for programming at Anne Shirrells Community Center i
• The level of services UNC intends to bring to the surrounding community
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• How UNC will measure and report activity/programming success a
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Included in this operations plan is the Business Action Plan (BAP). The BAP will cover the approach to meeting v
goals, providing services, securing needed resources, and monitoring progress. The BAP will:
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Executive Summary
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5.E.d
United Nations of Consciousness is a nonprofit 501(c)(3) organization focused on resources, reach, and
results.
MISSION
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To unify, support, educate, and empower people of African descent through youth programs and economic E
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growth and development. Also, serving as a liaison to promote, facilitate and encourage collaboration amongst a
various other community-centered organizations.
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ORIGIN and HISTORY
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Founded in 2015 with a goal of strengthening communities within San Bernardino, the core values promoted 00
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• Economic support and collaboration s=
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• Community compassion E
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• Unifying and healing the community
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• Establishing and instilling trust in the community W
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• Anne Shirrells Park Summer Youth Program, a six week intervention and prevention program providing
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summer meals, recreational activities, cultural enrichment and academic support.
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• State of San Bernardino (SOS) event dedicated to an end to violence in San Bernardino and Q
educating, empowering and equipping future leaders and youth.
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Packet Pg. 123
5.E.d
• Adopt a Community Project, dedicated to community clean-ups and providing convenient access of
resources to residents in underserved areas to help them improve their quality of life.
• Multiple fundraising activities dedicated to providing resources for local residents
• Awareness and Community Engagement Campaign for School to Prison Pipeline and Sons and 4
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coordination with San Bernardino City Unified School District. The neighborhood profile will also take into 0
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Advertising and Outreach
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UNC staff will distribute advertising flyers, develop and promote social media awareness campaigns, text
message notification campaigns, email marketing campaigns to San Bernardino schools, community residents
and local businesses as well as maintain a community bulletin within the community center. As part of the
overall outreach program, the community center will be utilized as a central hub directing residents to available ,
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services in coordination with any interested partner service providers. UNC will also focus outreach on social E
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media sites and the UNC websites, www.uncyouth.org and www.unclife.org. a
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needed to determine the needs and service priorities of the community. UNC staff will gather information by:
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• Reviewing program evaluations from current customers
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• Saturday—varies based upon scheduled activities. E
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Customer Service Standards include the following principles:
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• Facility will remain functional, well maintained, and clean
• Facility will be a welcoming, customer oriented location to provide residents with programs and services
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Packet Pg. 125
5.E.d
• Center programming and services will be based on best fit for the desires and needs of the city of San
Bernardino
• Staff will be professional and friendly
Service Categories will include, but not limited to:
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• Art
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• Community and Socialization
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• Youth Character Building and self esteem education L
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• School tutoring
• Tech and Computer Skills
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• Adult learning
• Entrepreneurial mentorship
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• Community garden program
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• Free Meals program aa'C
The proposed service categories will be accomplished through a combination of UNC staffing and local service L
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providers available.
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BAP Overview
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The Anne Shirrells Community Center is one of the community centers in the city of San Bernardino where a
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partnership opportunity exists between the municipality and nonprofit organizations. By utilizing the city's
facility, staffed and operated by the nonprofit, the city can ensure targeted services are being provided to a
residents while the nonprofit secures a facility from which to operate. This partnership meets goals for both
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organizations while building community support and participation, cultivating strong neighborhood
relationships.
Performance
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required community service credits. Volunteering also builds a stronger bond between the center and the E
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school closest to the center), Cal State San Bernardino, and San Bernardino Valley College, UNC will have
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students. UNC will seek revenue and supportive resources through multiple functions. A breakdown of
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anticipated costs will be introduced in the Financial Forecast section. A categorization of the anticipated
funding sources is below:
• UNC has opportunities, through its nonprofit status, to apply for Community Development Block Grant
(CDBG)funding. The goal of a CDBG grant is to meet national objectives provided by the U.S.
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Housing and Urban Development Department (HUD). UNC, through the Anne Shirrells Community d
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Center, will strive to meet HUD requirements for CDBG grants by providing services and programming N
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to low/moderate income communities and the senior community.
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• Visual and Performing Arts Grant, through the City of San Bernardino Fine Arts Commission.
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• Minimal registration fees for certain qualifying programs and activities will be charged to participants as
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Financial Forecast
The table below shows the anticipated budget for Community Center expenses.
Anne Shirrells Community Center Budget
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Staffing m
Hourly Rate Hrs per Week Hrs per Month Hrs per Year Q
Site Supervisor $18.00 33 132 1584 N
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Total Wages $594.00 $2,376.00 $28,512.00 N
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Employee FICA $2,286.17 Q
Workers Comp $2,565.00 00
Activity Coordinator/Support $14.00 20 86.7 1,040 LO
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Total Wages $2,240.00 $9,710.40 $116,524.80 ca
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Employee FICA $11,355.12
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Total $2834.00 $12,086.40 $163,808.09 U
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Monthly Cost Annual Cost L
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Security/Alarm $250.00 $3,000.00
Phone $100.00 $1,200.00
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Internet" $250.00 $3,000.00
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Total $600.00 $7,200.00_j v
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Monthly Cost Annual Cost
Rent 4,300 s ft $.24/s ft $1008.00 $12,096.00
Facility Maintenance $500.00 $6,000.00 +a
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TOTAL OPERATING COSTS MONTHLY ANNUALLY
$15,758.67 $189,104.09
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UNITED NATIONS OF CONSCIOUSNESS, INC
FINANCIAL STATEMENT—
MODIFIED CASH BASIS AND
INDEPENDENT ACCOUNTANT'S REVIEW REPORT
3
For the Period Beginning January 1, 2016 and Ending June 30, 2016
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INDEX TO FINANCIAL STATEMENTS
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Accountant's Review Report ............................................................................................. 1
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Financial Statements—Modified Cash Basis: Q
Statement of Assets, Liabilities, and Net Assets .................................................... 3 In
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Statement of Activities............................................................................................ 4 c
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Statement of Cash Flows 5 0
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Notes to Financial Statements............................................................................................. 6 °
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5.E.e
OMID J. SHIRAZI, CERTIFIED PUBLIC ACCOUNTANT
1 503 SOUTH COAST DRIVE, SUITE 320
COSTA MESA, CA 92626
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INDEPENDENT ACCOUNTANT'S REVIEW REPORT
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To the Board of Directors
United Nations of Consciousness, Inc.
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Report on the Financial Statements Q
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I have reviewed the accompanying statement of assets, liabilities, and net assets — LO
modified cash basis of United Nations of Consciousness, Inc. (the "Organization"), for i
the period beginning January 1, 2016 and ending June 30, 2016, and the related
statements of activities — modified cash basis and cash flows — modified cash basis for o
the period then ended. A review includes primarily applying analytical procedures to c
management's financial data and making inquiries of organization management. A o
review is substantially less in scope than an audit,the objective of which is the expression a
of an opinion regarding the financial statements as a whole. Accordingly, I do not express
such an opinion. a
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Management's Responsibility for the Financial Statements 2
Management is responsible for the preparation and fair presentation of the financial
statements in accordance with the modified cash basis for accounting, as described in
Note 1; this includes determining that the cash basis of accounting is an acceptable basis 5=
for the preparation of the financial statements in the circumstances. Management is also 3
responsible for the design, implementation, and maintenance of internal control relevant d
to the preparation and fair presentation of financial statements that are free from material
misstatement,whether due to fraud or error.
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Accountant's Responsibility ❑
My responsibility is to conduct the review in accordance with Statements on Standards x
for Accounting and Review Services promulgated by the Accounting and Review Service w
Committee of the AICPA. Those standards require me to perform procedures to obtain d
limited assurance that there are no material modifications that should be made to the E
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financial statements. I believe that the results of my procedures provide a reasonable s
basis for our conclusion. a
Page I The accompanying notes are an integral part of these statem °g ~
5.E.e
OMID J. SHIRAZI, CERTIFIED PUBLIC ACCOUNTANT
Accountant's Conclusion
Based on my review, I am not aware of any material modifications that should be made c
to the accompanying financial statements in order for them to be in conformity with the E
modified cash basis of accounting, as described in Note 1.
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Costa Mesa, California a
July 26, 2016 00
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Page 2 The accompanying notes are an integral part of these statem Packet Pg. 135
5.E.e
UNITED NATIONS OF CONSCIOUSNESS, INC.
Statement of Assets,Liabilities, and Net Assets—Modified Cash Basis
For the Period Beginning January 1,2016 and Ending June 30,2016
Mr A
ASSETS
Current Assets
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Cash and cash equivalents $ 426 E
Total current assets 426
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Other Assets
Property,plant and equipment,net - i
Security Deposit 500
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Total assets $ 926 Q
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LIABILITIES AND NET ASSETS
Current Liabilities o
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Loans $ 12,500
Total current liabilities 12,500 0
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Long-Term Note
Total liabilities 12,500 d
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Net Assets
Net Assets,unrestricted 926 rn
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Total liabilities and equity $ (11,574) U_
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UNITED NATIONS OF CONSCIOUSNESS, INC.
Statement of Activities—Modified Cash Basis
For the Period Beginning January 1, 2016 and Ending June 30, 2016
UNRESTRICTED REVENUES
Contributions $ 61,447
Program Revenue 3,333
Total unrestricted revenues 64,780
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EXPENSES Q
Program Expense 18,346
Fundraising 24,104
Charitable Contributions 50 co
General and Administrative 37,294 =
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Total expenses 79,794
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DECREASE IN NET ASSETS (15,014) 7T
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NET ASSETS—beginning of year 3,440
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NET ASSETS—end of the period $ (11,574)
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S.E.e
UNITED NATIONS OF CONSCIOUSNESS
Statement of Cash Flows—Modified Cash Basis
For the Period Beginning January 1,2016 and Ending June 30,2016
CASH FLOWS FROM OPERATING ACTIVITIES
Increase in net assets $ (15,014)
Net cash provided by operating activities (15,014)
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CASH FLOWS FROM FINANCING ACTIVITIES
Loans given - a
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Loans received $ 12,500
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Net cash from financing activities 12,500
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DECREASE IN CASH AND CASH EQUIVALENTS (2,514) _
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CASH AND CASH EQUIVALENTS BEGINNING 3,440 U;
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CASH AND CASH EQUIVALENTS ENDING $ 926 N
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5.E.e
UNITED NATIONS OF CONSCIOUSNESS, INC.
Notes to Financial Statements
For the Period Beginning January 1,2016 and Ending June 30, 2016
1. NATURE OF BUSINESS AND SIGNIFICANT ACCOUNTING POLICIES
Nature of Business
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United Nations of Consciousness, Inc. (the "Organization" or "UNC") is a not-for-profit
organization, which was incorporated in the State of California in March 2015. The a
Organization is engaged in various charitable activities including youth mentoring,
leadership training, entrepreneurship coaching, community outreach, and direct donations
of food and clothing. The goal of UNC is to unify, support, educate, and empower all W
people of African descent through economic growth and development. c
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Basis of Accounting 00
The financial statements of the association are prepared on a modified basis of cash
receipts and disbursements, which is a comprehensive basis of accounting other than
generally accepted accounting principles. This basis of presentation differs from o
accounting principles generally accepted in the United States of America (GAAP) in that
certain revenues are recognized when received rather than earned and certain expenses o
are recognized when paid rather than when the obligation is incurred. The accompanying a
financial statements are not intended to present the financial position and results of y
operations in conformity with accounting principles generally accepted in the United
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The Organization follows the accounting provisions established by Statement of W
Financial Accounting Standards ("SFAS") No. 116, Accounting for Contributions 0
Received and Contributions Made, and SFAS No. 117, Financial Statements of Not-for-
Profit Organizations. SFAS No. 116 prescribes standards of financial accounting for
contributions received and contributions made. SFAS No. 117 prescribes standards for
general-purpose external financial statements provided by a not-for-profit organization. It
requires classification of an organization's net assets and its revenue, expenses, gains,
and losses based on the existence or absence of donor-imposed restrictions. Additionally,
SFAS No. 117 requires that all not-for-profit organizations provide a statement of j
financial position, a statement of activities, and a statement of cash flows, and that net o
assets and changes in net assets be classified as permanently restricted, temporarily
I restricted, or unrestricted. All Association net assets are unrestricted as of June 30, 2016. x
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Income Taxes C
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The Organization qualifies for tax-exempt status under Internal Revenue Code Section
501(c)(3) and similar state statutes. Accordingly, no provision for income taxes is a
included in the financial statements.
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Page 6 Packet Pg. 139
UNITED NATIONS OF CONSCIOUSNESS, INC.
Notes to Financial Statements
For the Period Beginning January 1,2016 and Ending June 30,2016
1. NATURE OF BUSINESS AND SIGNIFICANT ACCOUNTING POLICIES
(continued)
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Use of Estimates
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In preparing financial statements in conformity with the modified cash basis of Q
accounting, management is required to make estimates and assumptions that affect the
reported amounts of assets and liabilities, the disclosure of contingent assets and
liabilities at the date of the financial statements, and the reported amounts of revenues
and expenses during the reporting period. Accordingly, actual results could differ from
those estimates. Q
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Affiliated Organization a
The Executive Director of UNC, Ms. La'Nae Norwood, makes regular financial
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In-Kind Donations o
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The Organization receives substantial support from volunteers who donate their time to y
accomplish the Organization's purpose. The value of such time is not included in the
accompanying modified cash basis financial statements unless the criteria for recognition
of such volunteer effort under accounting and reporting standards prescribed for not-for-
profit organizations has been satisfied. The Organization receives other in-kind donations Cn
of equipment and supplies, for which the value is not readily determinable. The value of
such donations is generally not included in the accompanying modified cash basis
financial statements. U_
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Reclassification
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Certain reclassifications have been made to the prior year financial statements to conform
to the current year presentation.
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2. LEASES
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The Organization currently has a Facility Use Agreement with the City of San W
Bernardino for the use of the Anne Shirrells Community Center. The term of use began
June 10, 2016 and ends August 10, 2016. UNC paid $ 2,016 in consideration and made a E
$ 500 refundable security deposit. There is no additional amount due per the Facility Use R
Agreement. Q
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Page 7 Packet Pg. 140
S.E.e
UNITED NATIONS OF CONSCIOUSNESS, INC.
Notes to Financial Statements
For the Period Beginning January 1, 2016 and Ending June 30,2016
3. CONCENTRATIONS
The Organization receives a substantial amount of its support from individuals, including
a small number of comparatively large contributions. A significant reduction in the level W
of contributions, if this were to occur, could have an adverse impact on the a,
Organization's programs and services.
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4. SUBSEQUENT EVENTS
Repayment of Loans
The Organization received $ 12,500 in personal loans from individuals. These loans have 00
no interest, no due dates, and are not memorialized in writing. Following the end date for
these financial statements, the Organization has repaid $ 5,500 of the outstanding loans
and intends to repay the remaining $ 7,000 within four weeks of this report.
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Internet Service Agreement
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Following the end date for these financial statements,the Organization has entered into a a
AWNOL Or A one-year internet service agreement. The agreement begins on July 21, 2016 and lasts for
one year,billing monthly. The agreement provides for the payment of$ 1,799 per month,
exclusive of taxes and fees. E
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Purchase of Fixed Assets co
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Following the end date for these financial statements, the Organization purchased M
hardware in the amount of $ 1,099 in association with the aforementioned Internet U_
I Service Agreement. The capitalization policy of the Organization provides that any
depreciable property purchased by the Organization with a value equal to or exceeding $
500 shall be capitalized. Therefore, this hardware will be capitalized in the financial >
statements as of December 31, 2016.
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Summer Program Revenue o
LJNC was contracted by the San Bernardino School District to provide a summer program x
to be funded by the District. The Organization was owed a total of$ 97,213, which was w
to be paid per the following schedule:
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June 20, 2016 $32,404
July 8, 2016 $32,404 Q
July 15, 2016 $32,404
However, the payments were delayed and the final payment was received on July 26,
2016.
Page 8 Packet Pg. 141