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HomeMy WebLinkAbout20 C41650 OUTSIDE AGENCY FUNDING FY 2021-22STAFF REPORT CITY OF PALM DESERT FINANCE DEPARTMENT MEETING DATE: June 24, 2021 PREPARED BY: Janet M. Moore, Director of Finance REQUEST: Review and Approve Outside Agency Funding for Fiscal Year 2021- 2022 ___________________________________________________________________________ Recommendation By Minute Motion, that the City Council: 1. Approve the award of outside agency contributions in the amount of $147,312 to the agencies listed herein with associated restrictions and conditions, including confirmation of event prior to distribution, if applicable; and 2. Approve multi-year agreements with the Family YMCA of the Desert, Historical Society of Palm Desert, and participating Palm Desert Schools for three years (effective July 1, 2021 until June 30, 2024), as it relates to the program’s guidelines and funding criteria, all substantially as to form and authorize the City Manager to execute the same; and 3. Authorize the Finance Director to consider alternative requests during the year provided the request is consistent with the original request; and 4. Pending approval of the FY 2021/22 City of Palm Desert Financial Plan, authorize the City Manager to execute any documents necessary to effectuate the actions taken herewith. Committee/Commission Recommendation The Outside Agency Funding Committee met on June 2, 2021 to review the applications and requests. The Committee approved the recommendations included herein and directed staff to contact Lincoln Elementary School to encourage submittal of an application for the FY 2021/2022. Strategic Plan Not applicable. Background Analysis Information regarding the availability of Outside Agency Funding, as well as the application, was made available on the City’s website at the beginning of January 2021. Staff also conducted outreach through notification in RAP Foundation’s e-newsletter. A total of 15 applications were received totaling $222,811 from various organizations. CONTRACT NO. C41650 June 24, 2021 - Staff Report Review and Approval of Outside Agency Funding for FY 2021-2022 Page 2 of 3 The Outside Agency Contributions Committee applications were reviewed by the committee and after discussion, the following recommendations were made. The amount recommended, as well as a brief description of items that were determined to be eligible for funding, will be listed on the Agency’s agreement as allowable expenditures. No. Requesting Organization FY 21/22 Request FY 21/22 Award 1 ACT for Multiple Sclerosis 7,800 7,800 2 Big Brothers Big Sisters 11,839 0 3 Desert Recreation Foundation 10,000 7,500 4 Family YMCA of the Desert – Jean Benson 44,000 44,000 5 Historical Society of Palm Desert 15,000 13,000 6 James E. Carter Elementary School PTO 20,160 7,500 NEW Lincoln Elementary School TBD 5,000 7 Palm Desert Charter Middle School Foundation 14,000 10,000 8 Palm Desert Charter Middle School PTO 10,000 10,000 9 Palm Desert High School Foundation 15,000 10,000 10 Palm Springs Air Museum 10,011.50 5,012 11 Stan & Bobbie Gold RiteCare Childhood Lang Center 5,000 0 12 The Girlfriend Factor 30,000 10,000 13 The Magic Jungle Inc. 5,000 0 14 Virginia Waring International Piano Competition 10,000 10,000 15 Washington Charter School Parents’ Club Foundation 15,000 7,500 TOTAL OF ALL REQUESTS 222,811 147,312 Any specific award requirements, conditions or restrictions were noted in the attached draft minutes of the meeting and will be incorporated into the agreement. Those requests that included funding for an event will be subject to confirmation that the event will be held. If the event is not held, or held in a different format, it is recommended that the Director of Finance be authorized to consider alternative requests from the same agencies provided the revised request is consistent with the original request. Staff recommends that the City Council approve funding to the above-listed organizations as presented. Fiscal Analysis Approval of this request will result in the above-listed agencies receiving the designated amounts as a charitable contribution for FY 2021/22 contingent upon completion of all necessary requirements included in the Agreement. Pending approval of the FY 2021/22. June 24 , 2021 -Staff Report Review and Approva l of Outside Agency Funding for FY 2021-2022 Page 3 of 3 Financial Plan , funds will be available in Account Nos . 1104800-4388000 , 1104800- 4388100 and 1104800-4389100 . LEGAL REVIEW DEPT. REVIEW FINANCIAL ASSISTANT REVIEW CITY MANAGER RWH 9-e,,,,,,6{ 711. 71100,z,e, 9-e,,,,,,6{ 711. 71100 ,z,e, ..'A.nay :Fires t ine Robert W . Hargreaves Janet M. Moore Janet M. Moore Andy Firest ine City Attorney Director of Finance Director of Finance Assistant City Manager City Manager L. Todd Hileman : L. To~~ H{LeVvt~V\, ATTACHMENTS : 1. Preliminary Minutes -OAF Committee meeting of June 2, 2021 2. Summary of applications submitted and programs/services to be funded 3. Draft Agreement -Family YMCA of the Desert 4 . Draft Agreement -Historical Society of the Desert 5. Draft Agreements -participating Palm Desert schools (Lincoln Elementary agreement will be substantially the same as "Carter Elementary" and drafted upon receipt of application). CITY COUNCILA~TION APPROVED __ V ______ DENJED _____ _ RECEIVED ______ OTHER _____ _ ~S:INds~, &filk;Th~ni I 1Q, c1-rellrf NOES: No ne; / ABSTAIN· ±f.CU ,Kc ABSENT: ~r\~ VERIFIED nv:Eist srs Original on File with City Clerk's Office [This page has intentionally been left blank.] I. CALL TO ORDER Chairman Moore called the meeting to order at 10:00 a.m. II. ROLL CALL All present participated in a video conference. Present: Kathleen Kelly, Member, Mayor Jan Harnik, Member, Mayor Pro-Tempore Janet Moore, Committee Chair, Director of Finance Todd Hileman, Member, City Manager Jill Tremblay, Member, Best, Best & Krieger Also Present: Patty Leon, Recording Secretary III. ORAL COMMUNICATION None. IV. APPROVAL OF MINUTES A. Recommend approval of Minutes of the April 14, 2021 Meeting as submitted. MOTION was made by Member Kelly to approve the Minutes of the April 14, 2021 meeting as submitted. Motion was seconded by Member Harnik and approved by a 5-0 vote with Members Kelly, Harnik, Hileman, Tremblay, and Moore voting AYE; NOES: None. V. NEW BUSINESS A. Outside Agency Funding Recommendations FY 2021-2022 [Items 1 - 15 were discussed concurrently with the exception of the Palm Springs Air Museum and The Girlfriend Factor] PRELIMINARY MINUTES OUTSIDE AGENCY FUNDING COMMITTEE Wednesday, June 2, 2021 – 10:00 a.m. Virtual Meeting MINUTES - OUTSIDE AGENCY FUNDING COMMITTEE Page 2 of 3 June 2, 2021 1. Act for Multiple Sclerosis - $7,800 2. Big Brothers Big Sisters - $0 3. Desert Recreation Foundation - $7,500 4. Family YMCA of the Desert - $44,000 5. Historical Society of Palm Desert - $13,000 6. James E. Carter Elementary School PTO - $10,000 7. Palm Desert Charter Middle School Foundation - $10,000 8. Palm Desert Charter Middle School PTO - $10,000 9. Palm Desert High School Foundation - $10,000 10. Palm Springs Air Museum - $5,012 11. Stan & Bobbie Gold RiteCare Childcare Language Center - $0 12. The Girlfriend Factor - $10,000 13. The Magic Jungle Inc. - $0 14. Virginia Waring International Piano Competition - $10,000 15. Washington Charter School Parents Club Foundation - $10,000 Although Lincoln Elementary School did not submit an application, the Committee members agreed to include Lincoln as a participant for funding for the Fiscal Year 2021/2022 in the amount of $5,000. Staff will reach out to Lincoln and provide assistance with the application. MOTION was made by Member Kelly to recommend funding as follows with the exception of the Palm Springs Air Museum and The Girlfriend Factor: 1) Act for Multiple Sclerosis $7,800; 3) Desert Recreation Foundation $7,500; 4) Family YMCA of the Desert $44,000; 5) Historical Society of Palm Desert $13,000 6) James E. Carter Elementary School PTO $7,500; 7) Palm Desert Charter Middle School Foundation $10,000; 8) Palm Desert Charter Middle School PTO $10,000; 9) Palm Desert High School Foundation $10,000; 14) Virginia Waring International Piano Competition $10,000; 15) Washington Charter School Parents Club Foundation - $7,500; and add Lincoln Elementary School $5,000. Motion was seconded by Member Harnik and approved by a 5-0 vote with Members Kelly, Harnik, Hileman, Tremblay and Moore voting AYE; NOES; None. B. Palm Springs Air Museum Member Moore recused herself from this discussion and left the zoom meeting. MOTION was made by Member Harnik to recommend funding to the Palm Springs Air Museum in the amount of $5,013. Motion was seconded by Member Hileman and approved by a 4-0-1 vote with Members Harnik, Hileman, Tremblay and Kelly voting AYE; NOES; None; Absent: Member Moore. MINUTES - OUTSIDE AGENCY FUNDING COMMITTEE Page 3 of 3 June 2, 2021 C. The Girlfriend Factor Member Harnik recused herself from this discussion and left the zoom meeting. MOTION was made by Member Kelly to recommend funding to The Girlfriend Factor in the amount of $10,000. Motion was seconded by Member Moore and approved by a 4-0-1 vote with Members Kelly, Hileman, Tremblay and Moore voting AYE; NOES; None; Absent: Member Harnik. D. Multi-year Agreements with Family YMCA of the Desert, Historical Society of Palm Desert, and participating Palm Desert Schools Drafts of the Agreements were provided to the Committee for review MOTION was made by Member Kelly to recommend a multi-year agreement with Family YMCA of the Desert, Historical Society of Palm Desert and participating Palm Desert Schools. Motion was seconded by Member Harnik and approved by a 5-0 vote with Members Kelly, Harnik, Hileman, Tremblay, and Moore voting AYE; NOES: None. VI. ADJOURNMENT It was the consensus of the Committee to adjourn the meeting at 10:48 a.m. Respectfully submitted, Patty leon Patty Leon, Recording Secretary [This page has intentionally been left blank.] OUTSIDE AGENCY FUNDING REQUEST FY 2021-2022 Recommendation from OAF Committee Meeting of 6-2-21 No.Requesting Organization FY 21/22 Request FY 21/22 RECOMMEND FY 20/21 Award Other PD Support RAP funding Description of Request 1 ACT for Multiple Sclerosis 7,800 7,800 6,000 Scholarships for clients to continue last year's expansion of the ACT for MS Aquatics Program, the Flexibility (yoga) program and STFM (strength training, flexibility, circulation improvement) services. 130 Scholarships @ $60 =$7,800 2 Big Brothers Big Sisters 11,839 0 0 10,000 (CDBG) 1) CM Consulting -Quality Assurance 3 hrs per month outside evaluator $4,531; 2) Accounting - Financial Management 4 hrs per month$2,400; 3) Program Promotion and Volunteer Recruitment 2 hrs per month $4,908 3 Desert Recreation Foundation 10,000 7,500 7,500 1) Therapeautic Recreation Participation Support 50 Palm Desert Residents $200 per membership $10,000 4 Family YMCA of the Desert 44,000 44,000 44,000 10,000 (sponsorship) 1) Supplies at JB Preschooll Center $6000; 2) Electricity Costs JB $5,500; 3) Participation Support $13,500; 4) Facility Support cleaning $20,000 5 Historical Society of Palm Desert 15,000 13,000 12,000 1) Displays and Exhibits - Physical display items - User Controlled Video Display/ Speaker Programs $7,000 2) Preservation - written and photo archives/audio and video recording for history from long-time residents of PD $6,000 3) Fire/Intrusion Alarm and Facility Upkeep $2,000 6 James E. Carter Elementary School PTO 20,160 7,500 0 1) Bus Transportation to Mission San Juan Capistrano $3,500; 2) Riley's Farm $2,410; 3) Science Night $1,500; 4) Math night $500; 5) Visual Arts $5,000; 6) Violin Program $2,000; 7)Robotics Program $500 8) Assembly $1,350 9) McCallum $3,400 NEW Lincoln Elementary School TBD 5,000 0 TBD 7 Palm Desert Charter Middle School Foundation 14,000 10,000 0 Funding for KARE - Kindness/Attention/Respect/Excellence is an in school intervention and enrichment program providing 1) depth 1 on1 crisis mentoring and ongoing for any student in need 2) Training in attention and focusing skills, 3) Character education creative writing classes 4) evening classes and one time event for parents 8 Palm Desert Charter Middle School PTO 10,000 10,000 10,000 1) Museum of Tolerance in Los Angeles for all 8th graders 2) Visiting Author Assembly for all grades 9 Palm Desert High School Foundation 15,000 10,000 10,000 1) Software Turnitin.com software $5,000 2) Academic Competions $2,500 3) Band Uniforms $2,500 4) Alumni Reunion football $2,000 5) Test Prep AP & SAT Prep and Tests $5,000 10 Palm Springs Air Museum 10,011.50 5,012 5,013 1) Vintage Aircraft flyover the City, all expenses $5,000; 2) Palm Desert Day At PSAM for all Palm Desert residents receive free admin $5011.50 11 Stan & Bobbie Gold RiteCare Childhood Language Center 5,000 0 0 Speech & Language Therapy - One year of individualized, weekly speech and/or language therapy delivered by a certified Speech Language Pathologist for two children 12 The Girlfriend Factor 30,000 10,000 0 1) Outreach through radio ads/schools/college events/agencies/publications $10,000 2) Emergency Funds for Recipients 13 The Magic Jungle Inc. 5,000 0 0 1) $5000 Volunteer Day (building materials for new bobcat habitat & 10 single parents and 2 children at The Preserve 14 Virginia Waring International Piano Competition 10,000 10,000 10,000 2,500 2022 Senior Competition ages 18 - 31 April 10 - 18, 2022 at COD; 200 free tickets to mcCallum on April 18 for PD residents. Agreement for FY 20/21 was revised to allow planning expenses for next year's competition. 15 Washington Charter School Parents' Club Foundation 15,000 7,500 10,000 1) Student education McCallum Program TOTAL REQUEST 222,811 147,312 [This page has intentionally been left blank.] Contract No. Page 1 of 5 AGREEMENT BETWEEN FAMILY YMCA OF THE DESERT AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF PROGRAMMING AT THE JEAN BENSON FACILITY THIS AGREEMENT (the “Agreement”) is entered into effective on ______________, 2021, by and between the City of Palm Desert (“CITY”), a California charter city (“CITY”) and FAMILY YMCA OF THE DESERT, (“YMCA”). WHEREAS, the CITY is a charter city organized under the laws of the State of California and its charter; and, WHEREAS, YMCA is a non-profit corporation presently providing services to persons residing within Palm Desert, and has staff in place ready and willing to provide services to CITY for the benefit of its residents, and WHEREAS the CITY finds that it is of benefit to the residents to provide programs for healthy living and youth development, and WHEREAS, CITY and YMCA desire to improve, augment and provide stable funding for YMCA-related programing for the benefit of residents. NOW, THEREFORE, IT IS AGREED as follows: 1. Purpose. YMCA will strive to augment and improve its programming to provide even greater service to the residents and visitors of the CITY. 2. CITY’S Responsibilities. The CITY commits to provide forty-four thousand dollars ($44,000) payable upon the mutual execution of this Agreement, with (3) potential renewals due on the annual anniversary dates hereof, provided however, that the city council appropriates annually sufficient funds to pay the installment. 3. YMCA’S Responsibilities. In recognition of the CITY’s funding commitment, YMCA will provide certain Programmatic Requirements as detailed in Exhibit “A” attached hereto and incorporated herewith. 4. Term. This Agreement shall be effective as of July 1, 2021 and continue in effect until June 30, 2024, unless sooner terminated in accordance with the termination provisions set forth hereinafter. 5. Grant Report. YMCA shall report to City upon completion of all agreed-upon work, but no later than July 31st of each year during term, regarding the services provided between July 1 and June 30 of each year, with such detail as City may reasonable request. The report shall be in the form attached as “Final Report”. Contract No. Page 2 of 5 6. Unilateral Termination. Despite the provisions that this contract shall be in force until June 30, 2024, this Agreement may be terminated by either party, with or without cause, at any time upon either party giving ninety (90) days' written notice to the other party of said termination. Upon such notice being properly given, this Agreement shall terminate upon the date specified in the written notice. 7. Relationship of Parties. It is understood that the contractual relationship of YMCA to the CITY is that of Independent Contractor; YMCA is not the agent of the CITY, nor an employee of the CITY. CITY shall not direct the manner in which YMCA provides its services, but YMCA shall be responsible for the results achieved. The means by which YMCA provides the services specified hereunder shall be determined solely by YMCA. CITY shall exercise no control over the manner and details of performance, the specific hours that any employee of YMCA may work, who shall be employed by YMCA or which employee is assigned to any particular function or duties; nor shall CITY provide supplies or tools utilized to accomplish the tasks undertaken by YMCA. The CITY is not responsible for salary reimbursement or provisions, and grant funds cannot be used to fund any wage, salary or benefits offered by YMCA. 8. Assignment. This Agreement shall not be assigned or duties hereunder delegated by YMCA without the written consent of the CITY. 9. Amendment. This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel performance of such provision or provisions. 10. Indemnification. YMCA shall indemnify and hold CITY harmless, and each of its officers, directors, employees, and agents, and each of their heirs, successors, and assigns against, and shall indemnify and hold parties harmless from any and all claims, costs, liabilities, penalties, damages, or expenses of any kind or nature whatsoever, whether based on negligence or strict liability, including, but not limited to court costs, reasonable attorney’s fees, and expenses, whether incurred at trial, appellate, or administrative level, or in connection with any required arbitration, which any such indemnified parties may suffer or incur, or to which any of such indemnified parties may be subjected, as a result of or arising out of this Agreement. Such indemnification, however, is subject to CITY and any other indemnified party claiming the right to be indemnified by providing written notice to YMCA of any such claim for damage under this Agreement within 15 days of receiving notice of such claim. 11. Notice. Any and all notices or other communications required or permitted by this Agreement to be served or given to either party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed or, in-lieu-of personal service, when deposited in the United States mail, first class – postage pre-paid, addressed to CITY and YMCA as follows: Contract No. Page 3 of 5 City of Palm Desert Attn: Outside Agency Funding 73-510 Fred Waring Drive Palm Desert, CA 92260 Family YMCA of the Desert Attn: Paula Simonds, CEO 43930 San Pablo Avenue Palm Desert, CA 92260 Either party may change its address for purposes of this Agreement by giving written notice of the change to the other party in the manner provided in this paragraph. In Witness Thereof, this Agreement has been executed this ____ day of _________________, 2021, FAMILY YMCA OF THE DESERT ___________________________________________ Paula Simonds, CEO Date CITY OF PALM DESERT ____________________________________________ L. Todd Hileman, City Manager Date Attest: ________________________________________________ M. Gloria Sanchez, Acting City Clerk Date Contract No. Page 4 of 5 EXHIBIT “A” PROGRAMMATIC REQUIREMENTS In recognition of the annual contribution, the CITY anticipates funds to be used in the following ways: • YMCA agrees to provide to CITY all of the services specified and detailed in its application for funding and on the attached Schedule A, and to conduct all programs specified therein in a manner to reflect credit upon CITY and YMCA. • YMCA represents and warrants to CITY that it is able to provide, and will use funds granted by CITY to provide the services represented in YMCA’S application for funding and CITY agrees to provide funding for those services specified on Schedule A. CITY provided funds shall be used only for those purposes specified in such application. YMCA understands that salaries, benefits, insurances and other associated costs of Historical Society, its officials or employees are ineligible for grant funding. • YMCA shall include the CITY’s logo as sponsorship acknowledgement on all marketing materials, including social media activity, associated with any event funded through the Agreement such as a concert, exhibition, fundraising, walk/run, award dinner, or other organized event. A copy of printed materials shall be included in the annual report. • YMCA is required to keep accurate and orderly records regarding all expenditures of grant funds. YMCA agrees to maintain an accounting structure that provides accurate and complete information about all financial transactions related to the grant. Expenditure records must be at least as detailed as the Program/Service to be Funded listed on Schedule A. Costs may be incurred only during the grant period, and reporting deadlines noted in Section 5 must be observed to remain compliant. The records must be supported by source documentation including but not limited to cancelled checks, bank statements, invoices, contracts, and other forms as appropriate. Expenses lacking sufficient appropriate documentation will not be reimbursed. • YMCA will attend City Council meeting to update Council throughout the term of the agreement at such interval as requested by the City Council, but no less frequently than one time per year. Contract No. Page 5 of 5 SCHEDULE A APPLICATION FOR FUNDING [This page has intentionally been left blank.] Contract No. Page 1 of 5 AGREEMENT BETWEEN THE PALM DESERT HISTORICAL SOCIETY AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF PROGRAMMING At THE HISTORICAL SOCIETY THIS AGREEMENT (the “Agreement”) is entered into effective on ______________, 2021, by and between the City of Palm Desert (“CITY”), a California charter city (“CITY”) and The Palm Desert Historical Society, (“THE HISTORICAL SOCIETY”). WHEREAS, the CITY is a charter city organized under the laws of the State of California and its charter; and, WHEREAS, THE HISTORICAL SOCIETY is a non-profit corporation presently providing services to persons residing within Palm Desert, and has staff in place ready and willing to provide services to CITY for the benefit of its residents, and WHEREAS, THE HISTORICAL SOCIETY occupies a historically significant building within the CITY for purposes of providing a museum like setting for historical facts about Palm Desert and for no other purpose, and W HEREAS the CITY finds that it is necessary and of benefit to the residents, past, present and future to preserve information about the CITY’S history including, photographs, newspaper clippings, periodicals, books, brochures, items of art, items unique to City’s history, items of interest, and W HEREAS, CITY and THE HISTORICAL SOCIETY desire to improve, augment and provide stable funding for the historical society-related programing for the benefit of residents and visitors. NOW, THEREFORE, IT IS AGREED as follows: 1. Purpose. THE HISTORICAL SOCIETY will strive to augment and improve its programming to provide even greater service to the residents and visitors of the CITY. 2. CITY’S Responsibilities. The CITY commits to provide twelve thousand dollars ($12,000) payable upon the mutual execution of this Agreement, with (3) potential renewals due on the annual anniversary dates hereof, provided however, that the City Council appropriates annually sufficient funds to pay the installment. 3. THE HISTORICAL SOCIETY’S Responsibilities. In recognition of the CITY’s funding commitment, THE HISTORICAL SOCIETY will provide certain Programmatic Requirements as detailed in Exhibit “A” attached hereto and incorporated herewith. Contract No. Page 2 of 5 4. Term. This Agreement shall be effective as of July 1, 2021 and continue in effect until June 30, 2024, unless sooner terminated in accordance with the termination provisions set forth hereinafter. 5. Grant Report. Historical Society shall report to City upon completion of all agreed-upon work, but no later than July 31st of each year during term, regarding the services provided between July 1 and June 30 of each year, with such detail as City may reasonable request. The report shall be in the form attached as “Final Report”. 6. Unilateral Termination. Despite the provisions that this contract shall be in force until June 30, 2024, this Agreement may be terminated by either party, with or without cause, at any time upon either party giving ninety (90) days' written notice to the other party of said termination. Upon such notice being properly given, this Agreement shall terminate upon the date specified in the written notice. 7. Relationship of Parties. It is understood that the contractual relationship of THE HISTORICAL SOCIETY to the CITY is that of Independent Contractor; THE HISTORICAL SOCIETY is not the agent of the CITY, nor an employee of the CITY. CITY shall not direct the manner in which THE HISTORICAL SOCIETY provides its services, but THE HISTORICAL SOCIETY shall be responsible for the results achieved. The means by which THE HISTORICAL SOCIETY provides the services specified hereunder shall be determined solely by THE HISTORICAL SOCIETY. CITY shall exercise no control over the manner and details of performance, the specific hours that any employee of THE HISTORICAL SOCIETY may work, who shall be employed by THE HISTORICAL SOCIETY or which employee is assigned to any particular function or duties; nor shall CITY provide supplies or tools utilized to accomplish the tasks undertaken by THE HISTORICAL SOCIETY. The CITY is not responsible for salary reimbursement or provisions, and grant funds cannot be used to fund any wage, salary or benefits offered by THE HISTORICAL SOCIETY. 8. Assignment. This Agreement shall not be assigned or duties hereunder delegated by THE HISTORICAL SOCIETY without the written consent of the CITY. 9. Amendment. This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel performance of such provision or provisions. 10. Indemnification. THE HISTORICAL SOCIETY shall indemnify and hold CITY harmless, and each of its officers, directors, employees, and agents, and each of their heirs, successors, and assigns against, and shall indemnify and hold parties harmless from any and all claims, costs, liabilities, penalties, damages, or expenses of any kind or nature whatsoever, whether based on negligence or strict liability, including, but not limited to court costs, reasonable attorney’s fees, and expenses, whether incurred at trial, appellate, or administrative level, or in connection with any required arbitration, which any such indemnified parties may suffer or incur, or to which any of such indemnified parties may be subjected, as a result of or arising out of this Agreement. Such indemnification, however, is subject to CITY and any other indemnified party claiming the right to be indemnified by providing written notice to THE HISTORICAL SOCIETY of any such claim for damage under this Agreement Contract No. Page 3 of 5 within 15 days of receiving notice of such claim. 11. Notice. Any and all notices or other communications required or permitted by this Agreement to be served or given to either party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed or, in-lieu-of personal service, when deposited in the United States mail, first class – postage pre-paid, addressed to CITY and THE HISTORICAL SOCIETY as follows: City of Palm Desert Attn: Outside Agency Funding 73-510 Fred Waring Drive Palm Desert, CA 92260 Palm Desert Historical Society Attn: Rob Pitchford, President PO Box 77 Palm Desert, CA 92260 Either party may change its address for purposes of this Agreement by giving written notice of the change to the other party in the manner provided in this paragraph. In Witness Thereof, this Agreement has been executed this ____ day of _________________, 2021, THE PALM DESERT HISTORICAL SOCIETY ___________________________________________ President Date CITY OF PALM DESERT ____________________________________________ L. Todd Hileman, City Manager Date Attest: ________________________________________________ M. Gloria Sanchez, Acting City Clerk Date Contract No. Page 4 of 5 EXHIBIT “A” PROGRAMMATIC REQUIREMENTS In recognition of the annual contribution, the CITY anticipates funds to be used in the following ways: • The HISTORICAL SOCIETY agrees to provide to CITY all of the services specified and detailed in its application for funding and on the attached Schedule A, and to conduct all programs specified therein in a manner to reflect credit upon CITY and the HISTORICAL SOCIETY. • The Historical Society represents and warrants to CITY that it is able to provide, and will use funds granted by CITY to provide the services represented in the HISTORICAL SOCIETY’S application for funding and CITY agrees to provide funding for those services specified on Schedule A. CITY-provided funds shall be used only for those purposes specified in such application. The HISTORICAL SOCIETY understands that salaries, benefits, insurances and other associated costs of Historical Society, its officials or employees are ineligible for grant funding. • The HISTORICAL SOCIETY shall include the CITY’s logo as sponsorship acknowledgement on all marketing materials, including social media activity, associated with any event funded through the Agreement such as concert, exhibition, fundraising, walk/run, award dinner, or other organized event. A copy of printed materials shall be included in the annual report. • The HISTORICAL SOCIETY is required to keep accurate and orderly records regarding all expenditures of grant funds. The HISTORICAL SOCIETY agrees to maintain an accounting structure that provides accurate and complete information about all financial transactions related to the grant. Expenditure records must be at least as detailed as the Program/Service to be Funded listed on Schedule A. Costs may be incurred only during the grant period, and reporting deadlines noted in Section 5 must be observed to remain compliant. The records must be supported by source documentation including but not limited to cancelled checks, bank statements, invoices, contracts, and other forms as appropriate. Expenses lacking sufficient appropriate documentation will not be reimbursed. Contract No. Page 5 of 5 SCHEDULE A APPLICATION FOR FUNDING [This page has intentionally been left blank.] Contract No. Page 1 of 5 AGREEMENT BETWEEN JAMES E. CARTER ELEMENTARY SCHOOL PTO AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF PROGRAMMING AT CARTER ELEMENTARY SCHOOL THIS AGREEMENT (the “Agreement”) is entered into effective on ______________, 2021, by and between the City of Palm Desert (“CITY”), a California charter city (“CITY”) and JAMES E. CARTER ELEMENTARY SCHOOL PTO, (“CARTER ELEMENTARY PTO”). WHEREAS, the CITY is a charter city organized under the laws of the State of California and its charter; and, WHEREAS, CARTER ELEMENTARY PTO is a Desert Sands Unified School District (DSUSD) sanctioned parent teacher organization providing support for student programs and activities not otherwise provided by DSUSD, and Whereas, CITY and CARTER ELEMENTARY PTO desire to improve, augment and provide stable funding for CARTER ELEMENTARY PTO-related programing for the benefit of students. NOW, THEREFORE, IT IS AGREED as follows: 1. Purpose. CARTER ELEMENTARY PTO will strive to augment and improve its programming to provide even greater service to the students of the school not already provided by DSUSD. 2. CITY’S Responsibilities. The CITY commits to provide seven thousand five hundred dollars ($7,500) payable upon the mutual execution of this Agreement, with (3) potential renewals due on the annual anniversary dates hereof, provided however, that the City Council appropriates annually sufficient funds to pay the installment. 3. CARTER ELEMENTARY PTO’S Responsibilities. In recognition of the CITY’s funding commitment, CARTER ELEMENTARY PTO will provide certain Programmatic Requirements as detailed in Exhibit “A” attached hereto and incorporated herewith. Such funding will not be used for the cost of DSUSD staff instruction, student tuitions, or supervision of routine educational activities but for enhanced educational and scholastic programs for the student population such as reading, homework assistance, science, technology, Arts, engineering and mathematics. Such programming will at all times conform to the funding guidelines for Outside Agencies posted on the City’s web site. 4. Term. This Agreement shall be effective as of July 1, 2021 and continue in effect until June 30, 2024, unless sooner terminated in accordance with the termination provisions set forth hereinafter. Contract No. Page 2 of 5 5. Grant Report. CARTER ELEMENTARY PTO shall report to City upon completion of all agreed-upon work, but no later than July 31st of each year during term, regarding the services provided between July 1 and June 30 of each year, with such detail as City may reasonable request. The report shall be in the form attached as “Final Report”. 6. Unilateral Termination. Despite the provisions that this contract shall be in force until June 30, 2024, this Agreement may be terminated by either party, with or without cause, at any time upon either party giving ninety (90) days' written notice to the other party of said termination. Upon such notice being properly given, this Agreement shall terminate upon the date specified in the written notice. 7. Relationship of Parties. It is understood that the contractual relationship of CARTER ELEMENTARY PTO to the CITY is that of Independent Contractor; CARTER ELEMENTARY PTO is not the agent of the CITY, nor an employee of the CITY. CITY shall not direct the manner in which CARTER ELEMENTARY PTO provides its services, but CARTER ELEMENTARY PTO shall be responsible for the results achieved. The means by which CARTER ELEMENTARY PTO provides the services specified hereunder shall be determined solely by CARTER ELEMENTARY PTO. CITY shall exercise no control over the manner and details of performance, the specific hours that any employee of CARTER ELEMENTARY PTO may work, who shall be employed by CARTER ELEMENTARY PTO or which employee is assigned to any particular function or duties; nor shall CITY provide supplies or tools utilized to accomplish the tasks undertaken by CARTER ELEMENTARY PTO. The CITY is not responsible for salary reimbursement or provisions, and grant funds cannot be used to fund any wage, salary or benefits offered by CARTER ELEMENTARY PTO. 8. Assignment. This Agreement shall not be assigned or duties hereunder delegated by CARTER ELEMENTARY PTO without the written consent of the CITY. 9. Amendment. This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel performance of such provision or provisions. 10. Indemnification. CARTER ELEMENTARY PTO shall indemnify and hold CITY harmless, and each of its officers, directors, employees, and agents, and each of their heirs, successors, and assigns against, and shall indemnify and hold parties harmless from any and all claims, costs, liabilities, penalties, damages, or expenses of any kind or nature whatsoever, whether based on negligence or strict liability, including, but not limited to court costs, reasonable attorney’s fees, and expenses, whether incurred at trial, appellate, or administrative level, or in connection with any required arbitration, which any such indemnified parties may suffer or incur, or to which any of such indemnified parties may be subjected, as a result of or arising out of this Agreement. Such indemnification, however, is subject to CITY and any other indemnified party claiming the right to be indemnified by providing written notice to CARTER ELEMENTARY PTO of any such claim for damage under this Agreement within 15 days of receiving notice of such claim. Contract No. Page 3 of 5 11. Notice. Any and all notices or other communications required or permitted by this Agreement to be served or given to either party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed or, in-lieu-of personal service, when deposited in the United States mail, first class – postage pre-paid, addressed to CITY and CARTER ELEMENTARY PTO as follows: City of Palm Desert Attn: Outside Agency Funding 73-510 Fred Waring Drive Palm Desert, CA 92260 JAMES E.CARTER ELEMENTARY SCHOOL PTO Attn: Stephanie Rice, PTO President 74251 Hovley Lane E. Palm Desert, CA 92260 Either party may change its address for purposes of this Agreement by giving written notice of the change to the other party in the manner provided in this paragraph. In Witness Thereof, this Agreement has been executed this ____ day of _________________, 2021, JAMES E. CARTER ELEMENTARY SCHOOL PTO ___________________________________________ President Date CITY OF PALM DESERT ____________________________________________ L. Todd Hileman, City Manager Date Attest: ________________________________________________ M. Gloria Sanchez, Acting City Clerk Date Contract No. Page 4 of 5 EXHIBIT “A” PROGRAMMATIC REQUIREMENTS In recognition of the annual contribution, the CITY anticipates funds to be used in the following ways: • CARTER ELEMENTARY PTO agrees to provide to CITY all of the services specified and detailed in its application for funding and on the attached Schedule A, and to conduct all programs specified therein in a manner to reflect credit upon CITY and CARTER ELEMENTARY PTO. • CARTER ELEMENTARY PTO represents and warrants to CITY that it is able to provide, and will use funds granted by CITY to provide the services represented in CARTER ELEMENTARY PTO’S application for funding and CITY agrees to provide funding for those services specified on Schedule A. CITY-provided funds shall be used only for those purposes specified in such application. CARTER ELEMENTARY PTO understands that salaries, benefits, insurances and other associated costs of Historical Society, its officials or employees are ineligible for grant funding. • CARTER ELEMENTARY PTO shall include the CITY’s logo as sponsorship acknowledgement on all marketing materials, including social media activity, associated with any event funded through the Agreement such as concert, exhibition, fundraising, walk/run, award dinner, or other organized event. A copy of printed materials shall be included in the annual report. • CARTER ELEMENTARY PTO is required to keep accurate and orderly records regarding all expenditures of grant funds. CARTER ELEMENTARY PTO agrees to maintain an accounting structure that provides accurate and complete information about all financial transactions related to the grant. Expenditure records must be at least as detailed as the Program/Service to be Funded listed on Schedule A. Costs may be incurred only during the grant period, and reporting deadlines noted in Section 5 must be observed to remain compliant. The records must be supported by source documentation including but not limited to cancelled checks, bank statements, invoices, contracts, and other forms as appropriate. Expenses lacking sufficient appropriate documentation will not be reimbursed. • CARTER ELEMENTARY PTO will attend City Council meeting to update Council throughout the term of the agreement at such interval as requested by the City Council, but no less frequently than one time per year. Contract No. Page 5 of 5 SCHEDULE A APPLICATION FOR FUNDING [This page has intentionally been left blank.] Contract No. Page 1 of 5 AGREEMENT BETWEEN PALM DESERT CHARTER MIDDLE SCHOOL FOUNDATION AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF PROGRAMMING AT CHARTER MIDDLE SCHOOL THIS AGREEMENT (the “Agreement”) is entered into effective on ______________, 2021, by and between the City of Palm Desert (“CITY”), a California charter city (“CITY”) and PALM DESERT CHARTER MIDDLE SCHOOL FOUNDATION, (“CHARTER MIDDLE SCHOOL”). WHEREAS, the CITY is a charter city organized under the laws of the State of California and its charter; and, WHEREAS, CHARTER MIDDLE SCHOOL is a Desert Sands Unified School District (DSUSD) school providing support for student programs and activities not otherwise provided by DSUSD, and Whereas, CITY and CHARTER MIDDLE SCHOOL desire to improve, augment and provide stable funding for CHARTER MIDDLE SCHOOL-related programing for the benefit of students. NOW, THEREFORE, IT IS AGREED as follows: 1. Purpose. CHARTER MIDDLE SCHOOL will strive to augment and improve its programming to provide even greater service to the students of the school not already provided by DSUSD. 2. CITY’S Responsibilities. The CITY commits to provide ten thousand dollars ($10,000) payable upon the mutual execution of this Agreement, with (3) potential renewals due on the annual anniversary dates hereof, provided however, that the City Council appropriates annually sufficient funds to pay the installment. 3. CHARTER MIDDLE SCHOOL’S Responsibilities. In recognition of the CITY’s funding commitment, CHARTER MIDDLE SCHOOL will provide certain Programmatic Requirements as detailed in Exhibit “A” attached hereto and incorporated herewith. Such funding will not be used for the cost of DSUSD staff instruction, student tuitions, or supervision of routine educational activities but for enhanced educational and scholastic programs for the student population such as reading, homework assistance, science, technology, Arts, engineering and mathematics. Such programming will at all times conform to the funding guidelines for Outside Agencies posted on the City’s web site. 4. Term. This Agreement shall be effective as of July 1, 2021 and continue in effect until June 30, 2024, unless sooner terminated in accordance with the termination provisions set forth hereinafter. Contract No. Page 2 of 5 5. Grant Report. CHARTER MIDDLE SCHOOL shall report to City upon completion of all agreed-upon work, but no later than July 31st of each year during term, regarding the services provided between July 1 and June 30 of each year, with such detail as City may reasonable request. The report shall be in the form attached as “Final Report”. 6. Unilateral Termination. Despite the provisions that this contract shall be in force until June 30, 2024, this Agreement may be terminated by either party, with or without cause, at any time upon either party giving ninety (90) days' written notice to the other party of said termination. Upon such notice being properly given, this Agreement shall terminate upon the date specified in the written notice. 7. Relationship of Parties. It is understood that the contractual relationship of CHARTER MIDDLE SCHOOL to the CITY is that of Independent Contractor; CHARTER MIDDLE SCHOOL is not the agent of the CITY, nor an employee of the CITY. CITY shall not direct the manner in which CHARTER MIDDLE SCHOOL provides its services, but CHARTER MIDDLE SCHOOL shall be responsible for the results achieved. The means by which CHARTER MIDDLE SCHOOL provides the services specified hereunder shall be determined solely by CHARTER MIDDLE SCHOOL. CITY shall exercise no control over the manner and details of performance, the specific hours that any employee of CHARTER MIDDLE SCHOOL may work, who shall be employed by CHARTER MIDDLE SCHOOL or which employee is assigned to any particular function or duties; nor shall CITY provide supplies or tools utilized to accomplish the tasks undertaken by CHARTER MIDDLE SCHOOL. The CITY is not responsible for salary reimbursement or provisions, and grant funds cannot be used to fund any wage, salary or benefits offered by CHARTER MIDDLE SCHOOL. 8. Assignment. This Agreement shall not be assigned or duties hereunder delegated by CHARTER MIDDLE SCHOOL without the written consent of the CITY. 9. Amendment. This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel performance of such provision or provisions. 10. Indemnification. CHARTER MIDDLE SCHOOL shall indemnify and hold CITY harmless, and each of its officers, directors, employees, and agents, and each of their heirs, successors, and assigns against, and shall indemnify and hold parties harmless from any and all claims, costs, liabilities, penalties, damages, or expenses of any kind or nature whatsoever, whether based on negligence or strict liability, including, but not limited to court costs, reasonable attorney’s fees, and expenses, whether incurred at trial, appellate, or administrative level, or in connection with any required arbitration, which any such indemnified parties may suffer or incur, or to which any of such indemnified parties may be subjected, as a result of or arising out of this Agreement. Such indemnification, however, is subject to CITY and any other indemnified party claiming the right to be indemnified by providing written notice to CHARTER MIDDLE SCHOOL of any such claim for damage under this Agreement within 15 days of receiving notice of such claim. Contract No. Page 3 of 5 11. Notice. Any and all notices or other communications required or permitted by this Agreement to be served or given to either party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed or, in-lieu-of personal service, when deposited in the United States mail, first class – postage pre-paid, addressed to CITY and CHARTER MIDDLE SCHOOL as follows: City of Palm Desert Attn: Outside Agency Funding 73-510 Fred Waring Drive Palm Desert, CA 92260 Palm Desert Charter Middle School Foundation Attn: Jessica W ong, President 74200 Rutledge Drive Palm Desert, CA 92260 Either party may change its address for purposes of this Agreement by giving written notice of the change to the other party in the manner provided in this paragraph. In Witness Thereof, this Agreement has been executed this ____ day of _________________, 2021, PALM DESERT CHARTER MIDDLE SCHOOL FOUNDATION ___________________________________________ President Date CITY OF PALM DESERT ____________________________________________ L. Todd Hileman, City Manager Date Attest: ________________________________________________ M. Gloria Sanchez, Acting City Clerk Date Contract No. Page 4 of 5 EXHIBIT “A” PROGRAMMATIC REQUIREMENTS In recognition of the annual contribution, the CITY anticipates funds to be used in the following ways: • CHARTER MIDDLE SCHOOL agrees to provide to CITY all of the services specified and detailed in its application for funding and on the attached Schedule A, and to conduct all programs specified therein in a manner to reflect credit upon CITY and CHARTER MIDDLE SCHOOL. • CHARTER MIDDLE SCHOOL represents and warrants to CITY that it is able to provide, and will use funds granted by CITY to provide the services represented in CHARTER MIDDLE SCHOOL’S application for funding and CITY agrees to provide funding for those services specified on Schedule A. CITY-provided funds shall be used only for those purposes specified in such application. CHARTER MIDDLE SCHOOL understands that salaries, benefits, insurances and other associated costs of Historical Society, its officials or employees are ineligible for grant funding. • CHARTER MIDDLE SCHOOL shall include the CITY’s logo as sponsorship acknowledgement on all marketing materials, including social media activity, associated with any event funded through the Agreement such as concert, exhibition, fundraising, walk/run, award dinner, or other organized event. A copy of printed materials shall be included in the annual report. • CHARTER MIDDLE SCHOOL is required to keep accurate and orderly records regarding all expenditures of grant funds. CHARTER MIDDLE SCHOOL agrees to maintain an accounting structure that provides accurate and complete information about all financial transactions related to the grant. Expenditure records must be at least as detailed as the Program/Service to be Funded listed on Schedule A. Costs may be incurred only during the grant period, and reporting deadlines noted in Section 5 must be observed to remain compliant. The records must be supported by source documentation including but not limited to cancelled checks, bank statements, invoices, contracts, and other forms as appropriate. Expenses lacking sufficient appropriate documentation will not be reimbursed. • CHARTER MIDDLE SCHOOL will attend City Council meeting to update Council throughout the term of the agreement at such interval as requested by the City Council, but no less frequently than one time per year. Contract No. Page 5 of 5 SCHEDULE A APPLICATION FOR FUNDING [This page has intentionally been left blank.] Contract No. Page 1 of 5 AGREEMENT BETWEEN PALM DESERT CHARTER MIDDLE SCHOOL PTO AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF PROGRAMMING AT CHARTER MIDDLE SCHOOL THIS AGREEMENT (the “Agreement”) is entered into effective on ______________, 2021, by and between the City of Palm Desert (“CITY”), a California charter city (“CITY”) and PALM DESERT CHARTER MIDDLE SCHOOL PTO, (“CHARTER MIDDLE SCHOOL PTO”). WHEREAS, the CITY is a charter city organized under the laws of the State of California and its charter; and, WHEREAS, CHARTER MIDDLE SCHOOL PTO is a Desert Sands Unified School District (DSUSD) sanctioned parent teacher organization providing support for student programs and activities not otherwise provided by DSUSD, and Whereas, CITY and CHARTER MIDDLE SCHOOL PTO desire to improve, augment and provide stable funding for CHARTER MIDDLE SCHOOL PTO related programing for the benefit of students. NOW, THEREFORE, IT IS AGREED as follows: 1. Purpose. CHARTER MIDDLE SCHOOL PTO will strive to augment and improve its programming to provide even greater service to the students of the school not already provided by DSUSD. 2. CITY’S Responsibilities. The CITY commits to provide ten thousand dollars ($10,000) payable upon the mutual execution of this Agreement, with (3) potential renewals due on the annual anniversary dates hereof, provided however, that the City Council appropriates annually sufficient funds to pay the installment. 3. CHARTER MIDDLE SCHOOL’S PTO Responsibilities. In recognition of the CITY’s funding commitment, CHARTER MIDDLE SCHOOL PTO will provide certain Programmatic Requirements as detailed in Exhibit “A” attached hereto and incorporated herewith. Such funding will not be used for the cost of DSUSD staff instruction, student tuitions, or supervision of routine educational activities but for enhanced educational and scholastic programs for the student population such as reading, homework assistance, science, technology, Arts, engineering and mathematics. Such programming will at all times conform to the funding guidelines for Outside Agencies posted on the City’s web site. 4. Term. This Agreement shall be effective as of July 1, 2021 and continue in effect until June 30, 2024, unless sooner terminated in accordance with the termination provisions set forth hereinafter. Contract No. Page 2 of 5 5. Grant Report. CHARTER MIDDLE SCHOOL PTO shall report to City upon completion of all agreed-upon work, but no later than July 31st of each year during term, regarding the services provided between July 1 and June 30 of each year, with such detail as City may reasonable request. The report shall be in the form attached as “Final Report”. 6. Unilateral Termination. Despite the provisions that this contract shall be in force until June 30, 2024, this Agreement may be terminated by either party, with or without cause, at any time upon either party giving ninety (90) days' written notice to the other party of said termination. Upon such notice being properly given, this Agreement shall terminate upon the date specified in the written notice. 7. Relationship of Parties. It is understood that the contractual relationship of CHARTER MIDDLE SCHOOL PTO to the CITY is that of Independent Contractor; CHARTER MIDDLE SCHOOL PTO is not the agent of the CITY, nor an employee of the CITY. CITY shall not direct the manner in which CHARTER MIDDLE SCHOOL PTO provides its services, but CHARTER MIDDLE SCHOOL PTO shall be responsible for the results achieved. The means by which CHARTER MIDDLE SCHOOL PTO provides the services specified hereunder shall be determined solely by CHARTER MIDDLE SCHOOL PTO. CITY shall exercise no control over the manner and details of performance, the specific hours that any employee of CHARTER MIDDLE SCHOOL PTO may work, who shall be employed by CHARTER MIDDLE SCHOOL PTO or which employee is assigned to any particular function or duties; nor shall CITY provide supplies or tools utilized to accomplish the tasks undertaken by CHARTER MIDDLE SCHOOL PTO. The CITY is not responsible for salary reimbursement or provisions, and grant funds cannot be used to fund any wage, salary or benefits offered by CHARTER MIDDLE SCHOOL PTO. 8. Assignment. This Agreement shall not be assigned or duties hereunder delegated by CHARTER MIDDLE SCHOOL PTO without the written consent of the CITY. 9. Amendment. This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel performance of such provision or provisions. 10. Indemnification. CHARTER MIDDLE SCHOOL PTO shall indemnify and hold CITY harmless, and each of its officers, directors, employees, and agents, and each of their heirs, successors, and assigns against, and shall indemnify and hold parties harmless from any and all claims, costs, liabilities, penalties, damages, or expenses of any kind or nature whatsoever, whether based on negligence or strict liability, including, but not limited to court costs, reasonable attorney’s fees, and expenses, whether incurred at trial, appellate, or administrative level, or in connection with any required arbitration, which any such indemnified parties may suffer or incur, or to which any of such indemnified parties may be subjected, as a result of or arising out of this Agreement. Such indemnification, however, is subject to CITY and any other indemnified party claiming the right to be indemnified by providing written notice to CHARTER MIDDLE SCHOOL PTO of any such claim for damage under this Agreement within 15 days of receiving notice of such claim. Contract No. Page 3 of 5 11. Notice. Any and all notices or other communications required or permitted by this Agreement to be served or given to either party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed or, in-lieu-of personal service, when deposited in the United States mail, first class – postage pre-paid, addressed to CITY and CHARTER MIDDLE SCHOOL PTO as follows: City of Palm Desert Attn: Outside Agency Funding 73-510 Fred Waring Drive Palm Desert, CA 92260 Palm Desert Charter Middle School PTO Attn: Marirose Smith, PTO Board Member 74200 Rutledge Way Palm Desert, CA 92260 Either party may change its address for purposes of this Agreement by giving written notice of the change to the other party in the manner provided in this paragraph. In Witness Thereof, this Agreement has been executed this ____ day of _________________, 2021, PALM DESERT CHARTER MIDDLE SCHOOL PTO ___________________________________________ Marirose Smith, PTO Board Member Date CITY OF PALM DESERT ____________________________________________ L. Todd Hileman, City Manager Date Attest: ________________________________________________ M. Gloria Sanchez, Acting City Clerk Date Contract No. Page 4 of 5 EXHIBIT “A” PROGRAMMATIC REQUIREMENTS In recognition of the annual contribution, the CITY anticipates funds to be used in the following ways: • CHARTER MIDDLE SCHOOL PTO agrees to provide to CITY all of the services specified and detailed in its application for funding and on the attached Schedule A, and to conduct all programs specified therein in a manner to reflect credit upon CITY and CHARTER MIDDLE SCHOOL PTO. • CHARTER MIDDLE SCHOOL PTO represents and warrants to CITY that it is able to provide, and will use funds granted by CITY to provide the services represented in CHARTER MIDDLE SCHOOL’S PTO application for funding and CITY agrees to provide funding for those services specified on Schedule A. CITY provided funds shall be used only for those purposes specified in such application. CHARTER MIDDLE SCHOOL PTO understands that salaries, benefits, insurances and other associated costs of Historical Society, its officials or employees are ineligible for grant funding. • CHARTER MIDDLE SCHOOL PTO shall include the CITY’s logo as sponsorship acknowledgement on all marketing materials, including social media activity, associated with any event funded through the Agreement such as concert, exhibition, fundraising, walk/run, award dinner, or other organized event. A copy of printed materials shall be included in the annual report. • CHARTER MIDDLE SCHOOL PTO is required to keep accurate and orderly records regarding all expenditures of grant funds. CHARTER MIDDLE SCHOOL PTO agrees to maintain an accounting structure that provides accurate and complete information about all financial transactions related to the grant. Expenditure records must be at least as detailed as the Program/Service to be Funded listed on Schedule A. Costs may be incurred only during the grant period, and reporting deadlines noted in Section 5 must be observed to remain compliant. The records must be supported by source documentation including but not limited to cancelled checks, bank statements, invoices, contracts, and other forms as appropriate. Expenses lacking sufficient appropriate documentation will not be reimbursed. • CHARTER MIDDLE SCHOOL PTO will attend City Council meeting to update Council throughout the term of the agreement at such interval as requested by the City Council, but no less frequently than one time per year. Contract No. Page 5 of 5 SCHEDULE A APPLICATION FOR FUNDING [This page has intentionally been left blank.] Contract No. Page 1 of 5 AGREEMENT BETWEEN PALM DESERT HIGH SCHOOL FOUNDATION AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF PROGRAMMING AT PALM DESERT HIGH SCHOOL THIS AGREEMENT (the “Agreement”) is entered into effective on ______________, 2021, by and between the City of Palm Desert (“CITY”), a California charter city (“CITY”) and PALM DESERT HIGH SCHOOL, (“PDHS”). WHEREAS, the CITY is a charter city organized under the laws of the State of California and its charter; and, WHEREAS, PDHS is a Desert Sands Unified School District (DSUSD) school providing support for student programs and activities not otherwise provided by DSUSD, and Whereas, CITY and PDHS desire to improve, augment and provide stable funding for PDHS-related programing for the benefit of students. NOW, THEREFORE, IT IS AGREED as follows: 1. Purpose. PDHS will strive to augment and improve its programming to provide even greater service to the students of the school not already provided by DSUSD. 2. CITY’S Responsibilities. The CITY commits to provide ten thousand dollars ($10,000) payable upon the mutual execution of this Agreement, with (3) potential renewals due on the annual anniversary dates hereof, provided however, that the City Council appropriates annually sufficient funds to pay the installment. 3. PDHS’S Responsibilities. In recognition of the CITY’s funding commitment, PDHS will provide certain Programmatic Requirements as detailed in Exhibit “A” attached hereto and incorporated herewith. Such funding will not be used for the cost of DSUSD staff instruction, student tuitions, or supervision of routine educational activities but for enhanced educational and scholastic programs for the student population such as reading, homework assistance, science, technology, Arts, engineering and mathematics. Such programming will at all times conform to the funding guidelines for Outside Agencies posted on the City’s web site. 4. Term. This Agreement shall be effective as of July 1, 2021 and continue in effect until June 30, 2024, unless sooner terminated in accordance with the termination provisions set forth hereinafter. 5. Grant Report. PDHS shall report to City upon completion of all agreed-upon work, but no later than July 31st of each year during term, regarding the services Contract No. Page 2 of 5 provided between July 1 and June 30 of each year, with such detail as City may reasonable request. The report shall be in the form attached as “Final Report”. 6. Unilateral Termination. Despite the provisions that this contract shall be in force until June 30, 2024, this Agreement may be terminated by either party, with or without cause, at any time upon either party giving ninety (90) days' written notice to the other party of said termination. Upon such notice being properly given, this Agreement shall terminate upon the date specified in the written notice. 7. Relationship of Parties. It is understood that the contractual relationship of PDHS to the CITY is that of Independent Contractor; PDHS is not the agent of the CITY, nor an employee of the CITY. CITY shall not direct the manner in which PDHS provides its services, but PDHS shall be responsible for the results achieved. The means by which PDHS provides the services specified hereunder shall be determined solely by PDHS. CITY shall exercise no control over the manner and details of performance, the specific hours that any employee of PDHS may work, who shall be employed by PDHS or which employee is assigned to any particular function or duties; nor shall CITY provide supplies or tools utilized to accomplish the tasks undertaken by PDHS. The CITY is not responsible for salary reimbursement or provisions, and grant funds cannot be used to fund any wage, salary or benefits offered by PDHS. 8. Assignment. This Agreement shall not be assigned or duties hereunder delegated by PDHS without the written consent of the CITY. 9. Amendment. This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel performance of such provision or provisions. 10. Indemnification. PDHS shall indemnify and hold CITY harmless, and each of its officers, directors, employees, and agents, and each of their heirs, successors, and assigns against, and shall indemnify and hold parties harmless from any and all claims, costs, liabilities, penalties, damages, or expenses of any kind or nature whatsoever, whether based on negligence or strict liability, including, but not limited to court costs, reasonable attorney’s fees, and expenses, whether incurred at trial, appellate, or administrative level, or in connection with any required arbitration, which any such indemnified parties may suffer or incur, or to which any of such indemnified parties may be subjected, as a result of or arising out of this Agreement. Such indemnification, however, is subject to CITY and any other indemnified party claiming the right to be indemnified by providing written notice to PDHS of any such claim for damage under this Agreement within 15 days of receiving notice of such claim. 11. Notice. Any and all notices or other communications required or permitted by this Agreement to be served or given to either party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed or, in-lieu-of personal service, when deposited in the United States mail, first class – postage pre-paid, addressed to CITY and PDHS as follows: Contract No. Page 3 of 5 City of Palm Desert Attn: Outside Agency Funding 73-510 Fred Waring Drive Palm Desert, CA 92260 Palm Desert High School Foundation Attn: Gerry Neighbors, President 74-910 Aztec Road Palm Desert, CA 92260 Either party may change its address for purposes of this Agreement by giving written notice of the change to the other party in the manner provided in this paragraph. In Witness Thereof, this Agreement has been executed this ____ day of _________________, 2021, PALM DESERT HIGH SCHOOL FOUNDATION ___________________________________________ President Date CITY OF PALM DESERT ____________________________________________ L. Todd Hileman, City Manager Date Attest: ________________________________________________ M. Gloria Sanchez, Acting City Clerk Date Contract No. Page 4 of 5 EXHIBIT “A” PROGRAMMATIC REQUIREMENTS In recognition of the annual contribution, the CITY anticipates funds to be used in the following ways: • PDHS agrees to provide to CITY all of the services specified and detailed in its application for funding and on the attached Schedule A, and to conduct all programs specified therein in a manner to reflect credit upon CITY and PDHS. • PDHS represents and warrants to CITY that it is able to provide, and will use funds granted by CITY to provide the services represented in PDHS’S application for funding and CITY agrees to provide funding for those services specified on Schedule A. CITY provided funds shall be used only for those purposes specified in such application. PDHS understands that salaries, benefits, insurances and other associated costs of Historical Society, its officials or employees are ineligible for grant funding. • PDHS shall include the CITY’s logo as sponsorship acknowledgement on all marketing materials, including social media activity, associated with any event funded through the Agreement such as concert, exhibition, fundraising, walk/run, award dinner, or other organized event. A copy of printed materials shall be included in the annual report. • PDHS is required to keep accurate and orderly records regarding all expenditures of grant funds. PDHS agrees to maintain an accounting structure that provides accurate and complete information about all financial transactions related to the grant. Expenditure records must be at least as detailed as the Program/Service to be Funded listed on Schedule A. Costs may be incurred only during the grant period, and reporting deadlines noted in Section 5 must be observed to remain compliant. The records must be supported by source documentation including but not limited to cancelled checks, bank statements, invoices, contracts, and other forms as appropriate. Expenses lacking sufficient appropriate documentation will not be reimbursed. • PDHS will attend City Council meeting to update Council throughout the term of the agreement at such interval as requested by the City Council, but no less frequently than one time per year. Contract No. Page 5 of 5 SCHEDULE A APPLICATION FOR FUNDING [This page has intentionally been left blank.] Contract No. Page 1 of 5 AGREEMENT BETWEEN WASHINGTON CHARTER SCHOOL PARENTS’ CLUB FOUNDATION AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF PROGRAMMING AT WASHINGTON CHARTER SCHOOL THIS AGREEMENT (the “Agreement”) is entered into effective on ______________, 2021, by and between the City of Palm Desert (“CITY”), a California charter city (“CITY”) and Washington Charter School Parents’ Club Foundation, (“WASHINGTON CHARTER PARENTS’ CLUB”). WHEREAS, the CITY is a charter city organized under the laws of the State of California and its charter; and, WHEREAS, WASHINGTON CHARTER PARENTS’ CLUB is a Desert Sands Unified School District (DSUSD) sanctioned parent teacher organization providing support for student programs and activities not otherwise provided by DSUSD, and Whereas, CITY and WASHINGTON CHARTER PARENTS’ CLUB desire to improve, augment and provide stable funding for WASHINGTON CHARTER PARENTS’ CLUB related programing for the benefit of students. NOW, THEREFORE, IT IS AGREED as follows: 1. Purpose. WASHINGTON CHARTER PARENTS’ CLUB will strive to augment and improve its programming to provide even greater service to the students of the school not already provided by DSUSD. 2. CITY’S Responsibilities. The CITY commits to provide seven thousand five hundred dollars ($7,500) payable upon the mutual execution of this Agreement, with (3) potential renewals due on the annual anniversary dates hereof, provided however, that the City Council appropriates annually sufficient funds to pay the installment. 3. WASHINGTON CHARTER PARENTS’ CLUB Responsibilities. In recognition of the CITY’s funding commitment, WASHINGTON CHARTER PARENTS’ CLUB will provide certain Programmatic Requirements as detailed in Exhibit “A” attached hereto and incorporated herewith. Such funding will not be used for the cost of DSUSD staff instruction, student tuitions, or supervision of routine educational activities but for enhanced educational and scholastic programs for the student population such as reading, homework assistance, science, technology, Arts, engineering and mathematics. Such programming will at all times conform to the funding guidelines for Outside Agencies posted on the City’s web site. 4. Term. This Agreement shall be effective as of July 1, 2021 and continue in effect until June 30, 2024, unless sooner terminated in accordance with the termination provisions set forth hereinafter. Contract No. Page 2 of 5 5. Grant Report. WASHINGTON CHARTER PARENTS’ CLUB shall report to City upon completion of all agreed-upon work, but no later than July 31st of each year during term, regarding the services provided between July 1 and June 30 of each year, with such detail as City may reasonable request. The report shall be in the form attached as “Final Report”. 6. Unilateral Termination. Despite the provisions that this contract shall be in force until June 30, 2024, this Agreement may be terminated by either party, with or without cause, at any time upon either party giving ninety (90) days' written notice to the other party of said termination. Upon such notice being properly given, this Agreement shall terminate upon the date specified in the written notice. 7. Relationship of Parties. It is understood that the contractual relationship of WASHINGTON CHARTER PARENTS’ CLUB to the CITY is that of Independent Contractor; WASHINGTON CHARTER PARENTS’ CLUB is not the agent of the CITY, nor an employee of the CITY. CITY shall not direct the manner in which CHARTER MIDDLE SCHOOL provides its services, but WASHINGTON CHARTER PARENTS’ CLUB shall be responsible for the results achieved. The means by which WASHINGTON CHARTER PARENTS’ CLUB provides the services specified hereunder shall be determined solely by WASHINGTON CHARTER PARENTS’ CLUB. CITY shall exercise no control over the manner and details of performance, the specific hours that any employee of WASHINGTON CHARTER PARENTS’ CLUB may work, who shall be employed by WASHINGTON CHARTER PARENTS’ CLUB or which employee is assigned to any particular function or duties; nor shall CITY provide supplies or tools utilized to accomplish the tasks undertaken by WASHINGTON CHARTER PARENTS’ CLUB. The CITY is not responsible for salary reimbursement or provisions, and grant funds cannot be used to fund any wage, salary or benefits offered by WASHINGTON CHARTER PARENTS’ CLUB. 8. Assignment. This Agreement shall not be assigned or duties hereunder delegated by WASHINGTON CHARTER PARENTS’ CLUB without the written consent of the CITY. 9. Amendment. This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel performance of such provision or provisions. 10. Indemnification. WASHINGTON CHARTER PARENTS’ CLUB shall indemnify and hold CITY harmless, and each of its officers, directors, employees, and agents, and each of their heirs, successors, and assigns against, and shall indemnify and hold parties harmless from any and all claims, costs, liabilities, penalties, damages, or expenses of any kind or nature whatsoever, whether based on negligence or strict liability, including, but not limited to court costs, reasonable attorney’s fees, and expenses, whether incurred at trial, appellate, or administrative level, or in connection with any required arbitration, which any such indemnified parties may suffer or incur, or to which any of such indemnified parties may be subjected, as a result of or arising out of this Agreement. Such indemnification, however, is subject to CITY and any other indemnified party claiming the right to be indemnified by providing written notice to WASHINGTON CHARTER PARENTS’ Contract No. Page 3 of 5 CLUB of any such claim for damage under this Agreement within 15 days of receiving notice of such claim. 11. Notice. Any and all notices or other communications required or permitted by this Agreement to be served or given to either party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed or, in-lieu-of personal service, when deposited in the United States mail, first class – postage pre-paid, addressed to CITY and WASHINGTON CHARTER PARENTS’ CLUB as follows: City of Palm Desert Attn: Outside Agency Funding 73-510 Fred Waring Drive Palm Desert, CA 92260 WASHINGTON CHARTER SCHOOL PARENTS’ CLUB FOUNDATION Attn: Kerri Atkins, President 45-798 Portola Avenue Palm Desert, CA 92260 Either party may change its address for purposes of this Agreement by giving written notice of the change to the other party in the manner provided in this paragraph. In Witness Thereof, this Agreement has been executed this ____ day of _________________, 2021, WASHINGTON CHARTER SCHOOL PARENTS’ CLUB FOUNDATION ___________________________________________ Kerri Atkins, President Date CITY OF PALM DESERT ____________________________________________ L. Todd Hileman, City Manager Date Attest: ________________________________________________ M. Gloria Sanchez, Acting City Clerk Date Contract No. Page 4 of 5 EXHIBIT “A” PROGRAMMATIC REQUIREMENTS In recognition of the annual contribution, the CITY anticipates funds to be used in the following ways: • WASHINGTON CHARTER PARENTS’ CLUB agrees to provide to CITY all of the services specified and detailed in its application for funding and on the attached Schedule A, and to conduct all programs specified therein in a manner to reflect credit upon CITY and WASHINGTON CHARTER PARENTS’ CLUB. • WASHINGTON CHARTER PARENTS’ CLUB represents and warrants to CITY that it is able to provide, and will use funds granted by CITY to provide the services represented in WASHINGTON CHARTER PARENTS’ CLUB application for funding and CITY agrees to provide funding for those services specified on Schedule A. CITY provided funds shall be used only for those purposes specified in such application. WASHINGTON CHARTER PARENTS’ CLUB understands that salaries, benefits, insurances and other associated costs of Historical Society, its officials or employees are ineligible for grant funding. • WASHINGTON CHARTER PARENTS’ CLUB shall include the CITY’s logo as sponsorship acknowledgement on all marketing materials, including social media activity, associated with any event funded through the Agreement such as concert, exhibition, fundraising, walk/run, award dinner, or other organized event. A copy of printed materials shall be included in the annual report. • WASHINGTON CHARTER PARENTS’ CLUB is required to keep accurate and orderly records regarding all expenditures of grant funds. WASHINGTON CHARTER PARENTS’ CLUB agrees to maintain an accounting structure that provides accurate and complete information about all financial transactions related to the grant. Expenditure records must be at least as detailed as the Program/Service to be Funded listed on Schedule A. Costs may be incurred only during the grant period, and reporting deadlines noted in Section 5 must be observed to remain compliant. The records must be supported by source documentation including but not limited to cancelled checks, bank statements, invoices, contracts, and other forms as appropriate. Expenses lacking sufficient appropriate documentation will not be reimbursed. • WASHINGTON CHARTER PARENTS’ CLUB will attend City Council meeting to update Council throughout the term of the agreement at such interval as requested by the City Council, but no less frequently than one time per year. Contract No. Page 5 of 5 SCHEDULE A APPLICATION FOR FUNDING