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HomeMy WebLinkAbout03/17/1992, C-11 - CONSIDERATION OF A RECOMMENDATION FROM THE HUMAN RELATIONS COMMISSION (HRC) TO AWARD $2,000 TO AIDS SUPPORT NETWORK (ASN) ON BEHALF OF HP & COMPANY, A RECOVERY RESOURCE CENTER, FROM THEIR GRANTS-IN-AID EMERGENCY RESERVE MEETING DATE: ������►�►i�IUIIIII�Ip1° 'IIIIU city of San k 3 OBISpo •h ,z COUNCIL AGENDA REPORT ITEM NUMBER: _ FROM: Ken Hampian Assistant City Administrative Office-,�- L Prepared By: Deb Hossli, Administrative Analyst" SUBJECT: Consideration of a recommendation from the Human Relations Commission (HRC) to award $2 , 000 to Aids Support Network (ASN) on behalf of HP & Company, a recovery resource center, from their Grants-In-Aid Emergency Reserve CAO RECOMMENDATION: Approve and authorize the Mayor to execute an agreement with ASN on behalf of HP & Company to provide an emergency grant of $2, 000. DISCUSSION: Background HP & Company is a community based resource center that serves those recovering from addictions (e.g. , alcohol, drugs, gambling, etc) . It's primary purpose is to provide a place for and recovering individuals to gather and provide mutual counseling and support. In addition, HP & Company provides a 24 hour hotline for recovering individuals and a lending library stocked with recovery materials. Recovery groups currently using the facility include Alcoholics Anonymous, Narcotics Anonymous, Smokers Anonymous, and Debtors Anonymous, etc. HP & Company has been in existence since 1988 and is widely used by the social and human service agencies in our community. As an example, HP received 715 referrals during 1990-91 from agencies such as, County Probation Department, the Family Services Center, Alcohol Services, Mental Health, and the Salvation Army. HP's facility represents the only recovery center that is open to the general public free of charge. HP & Company is open from 10: 00 am to 6: 00 pm Monday through Saturday of each week, and is operated totally by volunteers. Attachment 1 provides a listing of the units of service provided at the center since its opening in 1988 . Request of HRC In January of this year, HP & Company approached the HRC requesting an emergency grant in the amount of $2, 000 from the Commission' s Grants-In-Aid reserve to fund late rental payments ($1, 700) and utility bills ($300) . Up until this point, the group had funded its ongoing operations (rent and utility costs) through profits from their gift shop, fund raising events, private donations and the founder's personal income. Because of the recession, however, sales in HP's gift shop and private donations have fallen off significantly resulting in a shortfall of revenues to run the center. As a result, the group requested the HRC to provide them with a one time emergency grant to help them through the rest of this fiscal year. ��►n���N►�IlNlflflp° !I�IN city of San LJIS OBISpo o COUNCIL AGENDA REPORT In reviewing HP's request for funding, the HRC was supportive. Their review confirmed that there was a documented need for the services provided by HP & Company and their request for funding was merited. The review also revealed, however, that HP & Company had filed for, but not received, their federal non-profit status (this is required for all Grants-in-Aid recipients) . As such, the HRC advised HP & Company that while they were very supportive of the funding request, they could not recommend an emergency grant until the group obtained their federal non-profit status (which is not expected for at least another 90 days) . HP & Company has since approached the HRC with an alternative proposal to meet the City' s federal non-profit status requirement. HP & Company has secured the permission of the ASN to use their organization' s non-profit status (see Attachment 2) . The City Attorney has determined that this arrangement is acceptable (this same approach was used to provide Mystic Krewe with their recent grant) . As such, the HRC unanimously acted at their March 4 , 1992 meeting to forward to the Council a recommendation to award a $2 , 000 grant to ASN on behalf of HP & Company. It is important to add that HP' s executive director has applied for other outside sources of funding (e.g. , the County's community project funds) to stabilize the program in the future and does not expect to ask for City funding in 1992-93 . FISCAL IMPACT: Approval of this recommendation will result in a total cost of $2, 000 to the City. Staff is recommending that monies from the HRC's Grants-In-Aid reserve be used to fund this request (there is currently $5, 000 allocated to the reserve - if this request is funded, there will be an available balance of $3 , 000) . ATTACHMENTS: Contract -1- Service Statistics -2- Letter from ASN -3- Literature on HP & Company \f:hpco AGREEMENT THIS AGREEMENT, dated , for the convenience of the parties hereto, is between the City of San Luis Obispo, a chartered municipal corporation (referred to herein as CITY) and Aids Support Network (referred to herein as ASN). WITNESSETH WHEREAS, ASN has requested CITY to contribute to a program to provide the services described in "Exhibit A" attached hereto, and WHEREAS, said services will be available to residents of the City, thereby serving both a public and municipal purpose. NOW, THEREFORE, CITY and ASN for and in consideration of the mutual benefits, promises, and agreements set forth herein, do agree as follows: 1. ASN will make its services as described in "Exhibit A" in conjunction with HP & Company, available to CITY residents during the period of March 1, 1992 to June 31, 1992. 2. ASN will provide CITY with a year end program report, summarizing administrative, financial, and client service activities. Said reports shall be in the form of "Exhibit B", attached hereto. 3. ASN and all of its agents, representatives, or participants in any manner in the performance of its obligations and duties hereunder, shall be employees, independent contractors, or volunteers for ASN.. They shall not for any purpose be considered employees or agents of the CITY. 4. ASN agrees to hold CITY harmless, and to defend CITY against, from, and in any claim, action, proceeding, or hearing wherein there is an allegation charging liability on the part of the CITY as a result of any act of omission, negligent or otherwise, by ASN. 5. CITY agrees to pay ASN a one time only grant, in the sum of $2,000 (two thousand dollars), to be used as described in "Exhibit A". The grant will be paid in one installment by March 31, 1992. 6. The City Administrative Officer may terminate this agreement at his sole discretion, after a public hearing and upon ten (10) days written notice to ASN. Said termination shall be .effective thirty (30) days after CITY mails notice of termination of agreement to ASN. Any funds not paid pursuant to paragraph 5 above shall revert to CITY upon said termination. iii-3 7. For purposes of notice under this agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: CITY: City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403-8100 Attention: Deb Hossli, Administrative Analyst Aids Support Network c/o 1957 Santa Barbara Street San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized: AIDS SUPPORT NETWORK By: CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION By: MAYOR Attest By: Pam Voges, City Clerk -Approved as to form: By:<Qm lle'ltw Z�' ' rney \ASN. agr T.'XHEB1T "X AIDS SUPPORT NETWORK, on behalf of HP & Company agrees to use their Human Relations Commission emergency grant of $2,000 to fund late rent payments ($1,700) and late utility bills ($300). EXHIBIT' "B° HUMAN RELATIONS COMMISSION, GRANTS-IN-AID PROGRAM PERIODIC REPORTING GUIDELINES Organizations receiving funds through the Human Relations Commission Grants-In-Aid Program are required to submit activity reports to the City. The reports shall consist of the following and be due on July 31, 1992: 1. Administrator's Report: A brief synopsis of the activities of the reporting period. This should include a statement describing activities, service or programs provided, and any changes that have occurred during the reporting period. 2. Statistical Survey: This document should include the number of clients served, their cities of origin, the nature of services provided, as well as any other statistics which are kept by the agency. The total number of clients served should also be broken down by the type of service received. For example, if a client could possible receive food, lodging, fuel, or food only, then the number of recipients for each type of service should be indicated. 3. Financial Report: A financial statement that details how the City's grant monies have been expended. Reports should be sent to: City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403-8100 Attention: Deb Hossli \asn.agr jai-G Attachment 1 SERVICES RENDERED Description of Oct 88-89 89-90 90-91 Services p:ione calls (gen. info. ) 5+�5 10, 1 :3f; crisis calls 3� 57 1 ^ referrals made to therapist.- -^.� 111 1 31 referral to 12-step grou?.) 219 397 71 of sagekly at ..P. CPC 7 12 aee;;ly attendance of i�itc-s . (A ,C- ) 100, 175 � oral];-in clients 237 390 512 referrals from local therapists 127 110 37 " *** referrals from 19 51 other agencies referral of clients to chemical treatment facility from :?.P. CRC 17 39 127 ***Other Hgencies may include one or more of the following: COUNTY PROBATION HOMELESS SHELTER AIDS SUPPORT NETWORK HOSPICE FAMILY SERVICES SALVATION ARMY WOMEN'S RESOURCE CENTER COUNTY MENTAL HEALTH HOTLINE CAL POLY COUNSELING DEPT. ALCOHOL SERVICES COUNTY DRUG PROGRAM l/-7 Attachment 2 February 28 , 19G Debbie Hosely Human Relations Commission, San Luis Obispo Dear Ms . 'Hosely: My name is Lisa Dean, and I am the President of the Board of Directors for the Aids Support Network, Which is a local United Way non—profit agency. In the spirit of helping another community agency, we would like to support H. P & Co . , under the direction of Susan Smith, by becoming an umbrella oranization and accepting for H. P & Co . the funds awarded to them. The Aids Support Network would be willing to accept fiscal responsibility for all funds . If there are any questions or documentation that needs to be provided, please let me know. I am excited that we will be able to give a hand to a deserving organization. Sincerely, '\ Lisa M. Dean President , ASN L'ii 8 Internal Revenue Service Department of the Treasury District Director P 0 BO-X* -%-00L SfLiF SF-4-4-4£, SAN FRANCISCO, CA 94102 '-ILp1r!�nt Fi-:ation Number: 77-0205717 Date: JUN. 1.4, 1989 Case Number: 959146005 SAN LUIS OBISPO WUNTY ,AIDS %PPORT I;.antact Person: NETWORK JGFIN PAPKA PO Box 12152 G_.ntact Telephone Number: SAN LUIS OBISPO, CA 93406 (4L5) 556-0251 accounting Period Ending: June 30 Foundation Status Classification: 509(a) (1) Advance Ruling Period Ends: June 30, 1992 Caveat Applies: Yes Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section 501(c) (3) of the Internal Reveniue Code. Because you are a newly created organization, we are not now making a final determination of your foundation status under section 509(a) of the Code. However, we have determined that you can reasonably be expected to be a publicly supported organization described in sections 509(a) (1) and 170(b) (1) (A) (vi). Accordingly, you will be treated as a publicly supported organization, and not as a private foundation, during an advance ruling period. This advance ruling period begins on the date of your inception and ends on the date shown above. Within 90 days after the end of your advance ruling period, you must submit to us information needed to determine whether you have net the requirements of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization, you will be classified as a section 509(a) (1) or 509(a) (2) organization as long as you continue to meet the requirements of the applicable support test. If you do not meet the public support requirements during the advance ruling period, you will be classified as a private foundation for future periods. Also, if you are classified as a private foundation, you will be treated as a private foundation from the date of-your inception for purposes of sections 507(d) and 494D. Grantors and donors may rely on the determination that you are not a private foundation until 90 days after the end of your advance ruling period. If you submit the required information within the 90 days, grantors and donors Letter 1045(CG) -2- SAN LUIS OBISPO COUNTY AIDS SUPPORT may continue to rely on the advance determination until the Service makes a final determination of your foundation status. However, if notice that you will no longer be treated as a section 509(a) (1) organization is published in the Internal Revenue Bulletin, grantors and donors may not rely on this determination after the date of such publication. Also, a grantor or donor may not rely on this determination if he or she was in part responsible for, or was aware of, the act of Failure to act that resulted in your loss of section 509(a) (1) status, or acquired knowledge that the Internal Revenue Service had given notice that you would be removed From classification as a section 509(a) (1) organization. If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status and Foundation status. Also, you should inform us of all changes in your name or address. As of January I, 1984, you are liable for taxes under the Federal Insurance Contrititions Act (social security taxes) on remuneration of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Cade. However, you are not automatically exempt From other Federal excise taxes. If you have any questions about excise, employment, or other Federal taxes, please let us know. Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522'of the Code. You are required to file Form 990, Return of Organization Exempt from Income Tax, only if your gross receipts each year are normally more than $25,000_ If a return is required, it must be filed by.the 15th day of the fifth month after the end of your annual accounting period. The law imposes a penalty of $10 a day, up to a max imun of $5,000, when a return is filed late, unless there is reasonable cause for the delay. You are not required to file Federal income tax returns unless you are subject to the tax on unrelated business income wider section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your present or proposed activities are unrelated trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. Letter 1045(CG) L4.11,140 -3- SAN LUIS OBISPO COUNTY BIDS SUPPORT Because this letter could help resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. IF the heading of this letter indicates that a caveat applies, the caveat below or on the enclosure is an integral part of this letter. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, Brian P. McMahan Acting District Director Letter 1045(CG) -4- SAN LUIS OBISPO COUNTY AIDS SUPPORT If distributions are made to individuals, case histories regarding the recipients should be kept showing names, addresses, purposes of awards, manner of selection, relationship if any to members, officers, trustees or donors of funds to you, so that any and all distributions made to individuals can be substantiated upon request by the Internal Revenue Service. (Reverie Ruling 56-304, CB 1956-2, page 306). Letter 1045(CG) Attachment 3 eo E60 c y c'�• �' v C (Ud U F� � f1 U Q', y a r 0. .r.r. U y O O z+ O Q .. G to U 'fl R c m y Es •� v Wo .. • a+ U xU) y b tC O ....` c Eo �, lull � E poE ,Y L v eo r •CJ •u .,:. 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