Loading...
HomeMy WebLinkAboutS05-City Attorney '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: h , } Cl 0 "1 ( 5'3 L C' 7 W o'f\roJ'\./' ,P\ i<-.".i.v-- tJ ( L \rv,.<.x,..,.) f) ~ 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 :i::.~ ",-,',,'} --~,.. "'i? 'hi:2d,Vdl '.j>::'fIlt:~r ,1 ~enc.,. '-' """.......- 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 n...C:;;ll ,~~' n tt i ~ ,.- K :~ ",); !:.-\, V\ ~. s:: 7V \f\ C') iT '"'- r c::,~ <:: ~ () : ~ 7- \\ \,~? ~ flL g - ~ J a I 10' : e ~ ~ i ~ ; f il \) ....., . .... ~-- . :.0. ~ . JC . -- . . < ~ ~ ~ ~ ~ ~ '.-. ~~~ ~ ~, \~ ~ ~ . ..... ~1 .,. a . ., .... ... , ~ :1 J ., ; ~ . . . . r ., . . . '. I ~ , :. vv. "... , . "' ., 0 "1 t~4: ~ ~: d' , . , " I . . . '. , . . . . . . . . . : . . . . 8 II . . . . . i"E ~ "'~~ ~ ~~! .." 1_., g CC'" ~Ill ......... "" ... ... C ... ... I i' .. ~1II .. t'l ... "" , .. ... - ~ 1 I/O ~ ~ , ~ . o c c.. '- N l'.:. c.:... ...; . ~' _ c \..t. 1 ~ ~ ~J) ~ \ .... ... - .~..:, - - '-' c. ;:. . . . .. OJ\':: G -' '-- : -;::: = .~ C>. ~~ ~ q ~. .. - ~ ~ ~ ~ ... III -- !~$ T'" .... ~i LN ili 0" S ~~~~ I \ ~' ... .. ., ~~!. t'l~ ... III ~; xo .... ~- ... III EI '" ~" ~ ~ ... ~ ~ C -"" ... -, n~ ".'" _. 0, Q, ., III ... ... .... ., ... o " '" ,.. ~ l I ... o ... ... III (I) III - :l C al- . III c -;~ "Ill _~C C "" 9: ~ -j - ~Ill CZl?g CZlni' r:oa.:" I~~~~ CD ... 2.~ c III '" co- - ,..," ~ "" '" 0 ~ CD C> .... a is c :s ~ III _ ~ :s g ... n - ~ .... ., .... EI ..., III 1_ ..." ~.. , ~ , " ... o ., :z '" ~ , \ ~ ~ i s ~~ ., ~ (', ~ 0 ~ ~ ~?t ~ ) \ :;; 0.. ,.. ~ ~ 3 0. ,.. '" .~ __.., _........ 'd-'''.... Custome, " Contract , Co-op Sal.. , lllIl.....ltO _IIII_.-g- ......0-- 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 '., ~. ~ Address: II rO"; ..~ -.-;- ~. , J,ou j j I City/Stat./ZiD: S~ 0 : 'I i? r) 0 7 , 2. ~ 31- ~~ q ,J fYv.C,7:s1 , . "'1 o~"."'u ( Phon. Number: , I r I 0 . "00..' I 0 j , , / II Product Line: I JAZZ Ag.ncy: ! I ! I IlOCll AT N.o..T I ll.Ua . I I I Length: Can B Oaie; E Date B Time'E Timel Aate ISIM Tlwl T IF S Total ! (1\1 j',SiF ;tp~ l..iJ' ! II 1.1.. ~I-LIY /1 ") /~ r : I I I I I I I , : I ! I ) I 1 I ! , I /! : , I , , I I Payment Plan: paid in advance ('/' >/ billed ( > I ' ' " Total Number of Announcements: J IF 1M iA oM J Special Instructions: I , ?54 J fA 'S ,0 N :0 . ... T w TH , o ,lilT ," ., . 1~: . " 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 "', ,l.-I' f J . _ ) - - - ,d4,~~ llf ;;., " c' iC.~ ~. " f' - el'. ,:,....'..00; J1. ......,..c..c-...; ~ mil Tille :"...-....~, .... ""'" (' iLl I" {. - I . . "'-/ -...J c..o en <<:' O"J , - I I , , I , I I ! , , I , i ~ l ......" ,,",.-' 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 28 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 16 17 18 19 20 21 22 23 24 25 26 27 28 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 18 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