HomeMy WebLinkAboutCDBG FY 2006-07 Outside Agency FundingCITY OF PALM DESERT
FINANCE DEPARTMENT
STAFF REPORT
REQUEST: OUTSIDE AGENCY FUNDING (CHARITABLE CONTRIBUTIONS)
FOR FISCAL YEAR 2006-2007
DATE: JUNE 22, 2006
CONTENTS: Summary of Funding & Services Provided
Sample Agreement
Draft Minutes of March 16, 2006
Recommendation:
By Minute Motion, that the City Council:
1. approve the recommendation of the Outside Agency Funding
Committee for charitable contributions in the amount of $522,000 to
the agencies listed herein;
2. discuss the appropriate school programs and materials to be
funded by Outside Agency monies and approve a policy for award
of said funding to school organizations; and
3. approve funding requests from various school organizations as
appropriate.
Background:
At its March 16, 2006 meeting, the Outside Agency Funding Committee reviewed the
requests for funding submitted by various agencies and school organizations. Several
questions arose regarding the award of funding to local school organizations. It was
determined that a policy and guidelines should be devised with regard to the amount of
funding schools should receive, the basis for determining the amount, and what
programs and materials are considered eligible for funding.
In the past few years, the Committee has recommended award of funds in the standard
amounts of $5,000 for elementary schools, $7,500 for the middle school and $10,000
for the high school. School organizations receive funds through reimbursement of 50%
of their expenditures. By following this method, an elementary school must submit
$10,000 in reimbursable receipts to receive $5,000. In the past, items considered to
be reimbursable have included: computer hardware, software, and technical support
Staff Report
Outside Agency Funding for Fiscal Year 2006/2007
June 22, 2006
Page 2 of 3
fees; SAT preparation fees for students; provision of grants to other agencies; band
boosters trips and accommodations; Odyssey of the Mind; classroom and library books;
textbooks; newsletters; classroom subscriptions; PTO insurance; assemblies and
student recognition.
Committee members determined that schools had received funding on a predictable
basis in the past, and suggested that a more concrete policy be devised so that there
was clear direction as to how the schools should submit for funding and how the
committee could determine that the request did not create a conflict of interest with the
use of public funds for public schools. Council representatives on the committee
requested that a potential policy be discussed by all Council members and agreed upon
prior to award of any funds to local school organizations.
Additionally, at the same meeting the Committee discussed the applications submitted
for funding during Fiscal Year 2006-2007, and recommends the following charitable
contributions to the City Council:
American Red Cross 25,000 Foundation for the Retarded 24,500
Angelview Crippled Children's Fnd 10,000 Friends of the Desert Mountains 11,000
Animal Samaritans SPCA, Inc. 10,000 Friends of the McCallum Theatre 75,000
Children's Discovery Museum 10,000 Historical Society of Palm Desert 35,000
Coachella Valley Historical Society 5,000 Olive Crest Treatment Centers 75,000
Community Blood Bank 10,000 Palm Desert Chamber of Commerce 25,000
Family YMCA 50,000 RSVP''** 11,500
Family YMCA - Jean Benson Ctr 35,000 Shelter from the Storm 75,000
FIND Food Bank 20,000 Visiting Nurses Association 15,000
TOTAL 522,000
*** This agency was added as a result of recommendations made at the budget
meeting of June 1, 2006.
Schools submitting an application for Fiscal Year 2006-2007 include: Abraham Lincoln
Elementary, Gerald Ford Elementary, James Carter Elementary, Washington Charter
Elementary, Palm Desert Middle, and Palm Desert High Schools. Of the Outside
Agency budget for Fiscal Year 2006-2007, $37,500 was set aside to be potentially
awarded to school organizations upon adoption of a reimbursement policy. Staff
Staff Report
Outside Agency Funding for Fiscal Year 2006/2007
June 22, 2006
Page 3 of 3
requests that the City Council discuss and adopt such a policy and determine the award
of funds to each of the local public elementary schools, middle school and high school.
The City Attorney has advised that funds may be awarded to the school official for
appropriate disbursement to cover items not typically purchased using school funds.
Public schools must still follow the rule that funds are not to be used for structural
improvements or other items included in a school budget.
Additionally, it is staffs recommendation that the City Council approve the amount of
$522,000 to fund the Outside Agency Charitable Contributions herein described and
authorize the mayor to execute said agreements.
Submitted by:
/1
Paul S. Gibson, Director of Finance/City Treasurer
Approval:
Carlos L. Ortega, City Manager
PSG:nmo
Attachments (3)
G TfnancelN,amh Ortega%Wpdocs1Outside Agenciesl06-07lslaf report approval wpd
WN to GO
CND'ONo V C3
N N N N NINJ
CT A 0 W N,� O�
O CT 03
(J) CT A
W N •--'
:pa;e6pnq pue ponellattqaCiti bat!
m
COciD
0
900Z/£ l/9 :pasina8
rNOD ai W
C( 0 0 N O N
O O O N O N
0 0 0 V O
01
0
0
a
(D
CD
a
73
0
A
< 10) (1 73 - O 46 ' 2 7� I T Tl -7 T -n C)
a m D - a.1 w a. 7a ..z o
a O (7 o -1v, n)
ciao To) c <
C O N(D 71may.. v 3 2. 0 O K
a 3 o (D 'o - a
7
co, m c () (• fD ()
D7`Z,z 9I01 7 9 0
0 g-- 6 a m 2.10 o a'0
o,a 3' m 5,sa
m o 0 0 o CD CD
o' C) m O 1 C
7 o (� 7 5 0 D 7
.33cnvaV'•5
(n cn
0 j (n
0I0 • M.
O u
0 CI) ,O 0
K.)0 0 0
V O 0 0
J
CT CT CT
O o 0
Z ZCD CD CD
z
� f �
m 0 01
0 m CT
.o� o o
coI ton O co 0
a
3
a-4.aa
CD CD CA CD fD
7. 7. 7. a O
a10 0. O a C.' a �.
0.
A CD
N V W CO
CI( C71 O N (T
O O O o 0 0
0 010 0 0 0
0 0 ( (VT ry 0
o' co ?. b ?. o
C.0 CD O CD 0
0.0 a 0 a o
0 CD to
0 o D D
7
O 'c' L.
CD
CD
CO
a 7
o
o
2
CD a
C p)
O m'
A
CT
0
O
00DDDD
7 ,3 co
3.3IC 3(D0
7 1 7 (n (D n) CD
� O
coN v co n fD tD
fD o a
0 0 a 0 n
a O (n d.0 7
cD
3
2
OICWT co CD CD
O O O O O
0 0'O 0 O
00000
CV Ni W CT
CT O O CT O
o 0 0 0 0 0
Oooco. oo
V O. Ni V a W V
71 71 CD CT • CT (D CT CT
b b 2. O O 2. O b
0 0 f. 00 0 CD 0 0
O 0
Q O O
CD -
» �z0O7 -O717J
3 fD co 0 % c 7 co co
.7. f0D u z o( a 3
Cr v CD N 17
N CD
0 0 (0 0 0
(D
C. 0
CD
» n.
rn
0
CD
3
CD t0
N 0.
t/f
O
O7 C
7 �
0
3 CD
CD a)
CD
c N
a o
0)
B.
7
(o
0
7
c
'v.
7
o'
m
7a
m
7
O
0
O
0
n-) - o o 27 a
CD
3 0 o a
co-,
O O co
N D) c fD a y CD
fn u n)
o' C10 G) (ron O
.-. O C< O» A (O
o 0 c D
7 0 3 Es)
VOi y y
a
co m c o T o F o 9> Q o
0 O' •g CD
a FA
2 CL CL
2 CD u 8 29• c
u a< 3 0. co O �_ m
c_
0 C 0 0 N a< 0 O O tS
7 3 7_ • y Q O a
O c zy tun 0 =' (D 'O c 0 CDD 0 <(0 0 CDa 7
(5 0-07� 0 0)) n(o (D
(n rn
(a °-) m d
(0
co
X
7-
N
C71
O
0
0
7
O CT
00
Ni CA 0 O
o O 0 0
0 O 0 0
0 0 0 0
d
O
7
Cl)
D'(A
7 2
n) 0
aQ
Q 3.
cn. 0
5 0
CD co
fD
N
CD
CD
(D a,
0 V
m Cc 0 c W-
O -
a a a
N y N
0
O
0
O
U1 N
CT 1 O O CT
O 0 O O
O O O O
O 01010
Z
(D
0 0 0.0 C71
b o O c 00
0 0 0 7 0
O C71
0 O
a
co
7
CD'
a
-z.-mc
3 c
co o a
D
3 G)s< 7 c (a (0
O 'O O O y (,0 C u 3 0
21
.< CD a C p, O
t0 C) 3 0'n y 0.. N -
03 o- 3 0 7 0 C 0 N
O
c y 0 O cr 7 CAD 7
(D u _ d O S 0. O al C
7-
co
7
C) CA 0.
CD O c
mac()^
co a
..co a.
�' CD 7 tD
CD
N 7
n N N
A O
0
IO
3
O
a
N
N
C
(D
(n
(n =
3 0• a a n3)
CD
3.
0
a
0
CD
CD
0)
0
0
3-
n)
CL)-0ai • a) 0 Cr
El -
a
CD CD CO C)I-n 3
cn CD (D d7. r
=n(D rn0
. m m o
m
6 o m 9 CD(n�m7 3
a 3
m ,0)
7
•
v
0
7'
0
• O;
CT O 0 V (T
O 0 0 0) O
O O O O O
O O O O O
V O 01 (T CJ)
0) O O O O
0 0 0 O O
0 0 0 o 0
Z
O
7
-5 O
0 0
a a
0 0 0
a a a
ry �
0) 3 cy
c N
(n
0
d
7
a
0)
N
7
1•
7-
0
3
(n
co
1 a
m
a
0
(n
0
7-
0
0
D
G)
rn
z
0
IND-
71
7 o
CT
CD N
< 0
o. o01.
-
0
t1
0 o-
O c 0o-
7 O rn
0.
co
•G
CD
CD
0
ti•
0
CD
0
O
O
0)
O
O
v
0
Cn
CD
(0
(D
0
D
T1
c
Q
(0
1213S3O W7Vd dO A110
Agenda
OUTSIDE AGENCY FUNDING COMMITTEE
Thursday, March 16, 2006 — 2:00 P.M.
North Wing Conference Room
CALL TO ORDER
Chairman Gibson called a regular meeting of the Outside Agency Funding
Committee at 2:18 p.m.
ROLL CALL
Present:
Jim Ferguson, Mayor
Dick Kelly, Mayor Pro-Tempore
Carlos Ortega, City Manager
Paul Gibson, Finance Director
David Erwin, City Attorney
Niamh Ortega, Recording Secretary
III. APPROVAL OF MINUTES
By Minute Motion duly made, seconded and unanimously carried, the minutes of the
May 26, 2005 meeting were approved as submitted.
IV. ORAL COMMUNICATION
Mr. Gibson noted that three requests for funding were received after the deadline
for submission. He requested that they be added to the agenda for discussion.
MOTION made by Member Kelly, seconded by Member Ferguson and
unanimously approved, the following items were added to the agenda: Item
28, Coachella Valley Recreation and Park District; Item 29, Riverside County
Sheriff's Underwater Search and Rescue; and Item 30, Virginia Waring
International Piano Competition.
V. OLD BUSINESS
None.
VI. NEW BUSINESS
A. Regional Access Proiect (RAP) Fundinq
No report.
MINUTES - OUTSIDE AGENCY FUNDING COMMITTEE Page 2
Meeting of March 16, 2006
B. Requests for Outside Aaencv Fundinq
SCHOOLS
Mayor Pro-Tempore initiated discussion surrounding the reasons why
schools receive the funds that they do. His recollection was that several
years ago, the City Council made the decision to budget a specified amount
to the individual schools to cover the various requests that would appear
before Council so that they would not have to be denied their request. This
process evolved into essentially providing the funding through the Outside
Agency program based on submission of an application. Currently, funds are
distributed by matching funds expended by the school up to an amount
determined by the Committee.
Member Kelly stated that with the amount of funding currently available to the
school districts through the State, he was not comfortable providing
additional funding for items such as computers and field trips, although he
was not opposed to funding for individual trips for a special circumstance,
such as an award presentation or participation in a competition.
Member Ortega stated that he would recommend against approval of the
requests. He highlighted that the school's parent clubs raise large amounts
of money, and have been successful in raising funds. Funding provided by
the City should be for organizations that are in need of monies.
Member Ferguson suggested that funds requested by the schools be set
aside and the requests taken before the City Council for discussion and
determination of distribution. It was also suggested that the Council devise a
policy for future distribution.
1. Abraham Lincoln Elementary
Funding was set aside for Council discussion and decision.
2. Gerald Ford Elementary
Funding was set aside for Council discussion and decision.
3. James Carter Elementary
Funding was set aside for Council discussion and decision.
4. Washinaton Charter Elementary
Funding was set aside for Council discussion and decision.
5. Palm Desert Hiah School Foundation
Funding was set aside for Council discussion and decision.
MINUTES - OUTSIDE AGENCY FUNDING COMMITTEE Page 3
Meeting of March 16, 2006
6. Palm Desert Middle School
Funding was set aside for Council discussion and decision.
OUTSIDE AGENCIES
7. ABC Recovery Center, Inc.
It was the concurrence of the committee that the applicant be denied
the request for funding due to recommendation of award of CDBG
funds in the amount of $31,000. The organization will be informed of
the decision with one letter for both funding requests.
8. American Red Cross
It was the concurrence of the Committee that the applicant be
approved their request for funding, in part, in the amount of
$25,000. (Original request $50,000)
9. Angel View Crippled Children's Foundation, Inc.
It was the concurrence of the Committee that the applicant be
approved their request for funding, in full, in the amount of
$10,000.
10. Animal Samaritans
It was the concurrence of the Committee that the applicant be
approved their request for funding, in part, in the amount of
$10.000, contingent upon funds being utilized for spaying and
neutering. (Original request $15,000)
11. Children's Discovery Museum of the Desert
It was the concurrence of the Committee that the applicant be
approved their request for funding, in full, in the amount of
$10,000.
12. Coachella Valley Historical Society
It was the concurrence of the Committee that the applicant be
approved their request for funding, in part, in the amount of
$5,000. (Original request $10,000)
13. Community Blood Bank
It was the concurrence of the Committee that the applicant be
approved their request for funding, in full, in the amount of
$10,000.
14. Family YMCA of the Desert
It was the concurrence of the Committee that the applicant be
approved their request for funding, in part, in the amount of
$50.000, contingent upon receipt of a list of requirements that
have been met to be in compliance with the terms of the lease.
AGENDA - OUTSIDE AGENCY FUNDING COMMITTEE Page 4
Meeting of March 16, 2006
(Original request $80,000)
15. Family YMCA of the Desert — Jean Benson Childcare
It was the concurrence of the Committee that the applicant be
approved their request for funding, in full, in the amount of
$35,000.
16. FIND Food Bank
It was the concurrence of the Committee that the applicant be
approved their request for funding, in full, in the amount of
$20,000.
17. Foundation for the Retarded of the Desert
It was the concurrence of the Committee that the applicant be
approved their request for funding, in full, in the amount of
$24,500.
18. Friends of the Desert Mountains
It was the concurrence of the Committee that the applicant be
approved their request for funding, in full, in the amount of
$11,000.
19. Friends of the McCallum Theatre
It was the concurrence of the Committee that the applicant be
approved their request for funding, in part, in the amount of
$75,000, contingent upon receipt of additional information
regarding the actual funding required for each program.
(Original request $85,000)
20. Historical Societv of Palm Desert
It was the concurrence of the Committee that the applicant be
approved their request for funding, in full, in the amount of
$35,000.
21. Jewish Familv Services
It was the concurrence of the committee that the applicant be
denied the request for funding.
22. Olive Crest Treatment Centers, Inc.
It was the concurrence of the Committee that the applicant be
approved their request for funding, in full, in the amount of
$75,000. It was also recommended that the applicant be referred
to RAP for additional funding.
23. Palm Desert Chamber of Commerce
It was the concurrence of the Committee that the applicant be
approved their request for funding, in full, in the amount of
AGENDA - OUTSIDE AGENCY FUNDING COMMITTEE Page 5
Meeting of March 16, 2006
$25,000.
24. Riverside County Latino Commission
It was the concurrence of the committee that the applicant be
denied the request for funding due to recommendation of award of
CDBG funds in the amount of $31,000. The organization will be
informed of the decision with one letter for both funding requests.
25. S.C.R.A.P. Gallery (Non -Outside Agency funding)
It was the concurrence of the Committee that the applicant be
approved their request for funding, in full, in the amount of
$15.000.
26. Shelter from the Storm, Inc.
It was the concurrence of the Committee that the applicant be
approved their request for funding, in full, in the amount of
$75.000.
27.
Visitinq Nurses Association
It was the concurrence of the Committee that
the applicant be
approved their request for funding, in part, in the amount of
$15.000. (Original request $100,000)
28.
Coachella Valley Recreation and Park District
It was the concurrence of the committee that
the applicant be
denied the request for funding.
29.
Riverside County Sheriffs Underwater Search & Rescue
It was the concurrence of the committee that
the applicant be
denied the request for funding.
30.
Virginia Waring International Piano Competition
It was the concurrence of the committee that
the applicant be
denied the request for funding.
REQUESTS
WITHOUT APPLICATION
31. COD Athletics Reauest
It was the concurrence of the committee that the applicant be
denied the request for funding.
32. Livina Desert Preserve
It was the concurrence of the committee that the applicant be
denied the request for funding.
VII. CONTINUED BUSINESS — None.
AGENDA - OUTSIDE AGENCY FUNDING COMMITTEE Page 6
Meeting of March 16, 2006
Vill. REPORTS AND REMARKS
IX. NEXT MEETING DATE — To be determined.
X. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the
foregoing agenda for the Palm Desert Outside Agency Funding Committee was posted
on the City Hall bulletin Board not less than 72 hours prior to the meeting. Dated this
2"d day of March 2006.
Niamh Ortega, Recording Secretary
AGREEMENT BY NON-PROFIT ORGANIZATION
TO PROVIDE SERVICES TO THE CITY OF PALM DESERT
Fiscal Year 2006-2007
This Agreement is made and entered into this 1st day of July, 2006, by and
between the CITY OF PALM DESERT, a municipal corporation (herein referred to as
"City"), and «Company» , a non-profit corporation (hereinafter referred to as
"Contractor').
RECITALS
WHEREAS, the Contractor is a non-profit corporation presently providing
services to persons residing within the CITY OF PALM DESERT, and has staff in place
ready and willing to provide services to the CITY OF PALM DESERT for the benefit of
its residents, and
WHEREAS, the Contractor has submitted to City an application setting forth in
detail its request for funding the services it intends to provide, and the quantity and
quality of such proposed services, which application is the basic document upon which
this Agreement is founded, and which application is incorporated herein by reference as
Exhibit "A"; and
WHEREAS, the City desires to have certain services performed for the City and
its residents by the Contractor, and the City has determined that it is advantageous to
the City and to its residents to have certain services provided by the Contractor, and
that it is in the public interest so to do; and
WHEREAS, the services which the Contractor proposes to provide, and which
the City desires to have provided by the Contractor, are itemized in its application for
funding and in Schedule A.
NOW THEREFORE, in consideration of the mutual promises and agreements
herein contained, and other valuable consideration, the parties hereto, and each of
them, do hereby agree as follows:
1. All recitals set forth hereinabove are incorporated herein as undertakings and
representations by the parties hereto.
2. RESPONSIBILITIES OF CONTRACTOR:
A. Contractor agrees to provide to City all of the services specified and
detailed in its application for funding and in Schedule A, and to conduct all
Agreement by Non -Profit Organization
to Provide Services to the City of Palm Desert
programs specified therein in a manner to reflect credit upon the City and
Contractor. Contractor represents and warrants to City that it is able to
provide, and will use funds granted by the City to provide the services
represented in Contractor's application for funding. City -provided funds
shall be used only for those purposes specified in such application.
B. Contractor shall report to City in January on the services provided, with
such detail as City may reasonably request; the report may be in the form
attached as Schedule B. Similar information, using the form specified in
Schedule C, shall be provided at the time of any request for funding for the
2006-2007 Fiscal Year.
C. Financial Reporting: Any contractor receiving or due to receive $20,000.00
or more from the City during the 2006-2007 fiscal year shall provide to City
a financial statement prepared by a recognized accounting firm approved
by or satisfactory to City's Finance Director completed within the most
recent twelve (12) months showing the Contractor's, financial records to
be kept in accordance with generally accepted accounting standards. The
report shall include a general ledger balance sheet that identifies revenue
sources and expenses in sufficient detail to demonstrate contract
compliance and be balanced to bank statements. Any organization
receiving or due to receive less than $20,000.00 in the current fiscal year
from the City shall provide a copy of the organization's most recent
charitable trust report to the Attorney General, or other financial
information satisfactory to City's Finance Director. The financial
information provided for in this paragraph shall be furnished no later than
January 31, 2007.
3. RESPONSIBILITIES OF CITY:
A. In consideration of the performance by Contractor of the services as
specified in Schedule A, the City shall pay a one time sum to the
Contractor, during the Fiscal Year 2006-2007, those sums specified in
Schedule A, payable within twenty (20) days of the delivery of an executed
original of this Agreement. No payments shall be made until Contractor
has submitted to City, in form satisfactory to the City's Finance Director, a
request for payment.
B. The appropriation of funds by the City prior to or following the execution of
this Agreement, for the expenditures and services contemplated herein,
shall not create fixed or binding obligations upon the City to pay same to
2
Agreement by Non -Profit Organization
to Provide Services to the City of Palm Desert
the Contractor; all payments shall be dependent upon the filing of proper
request. The City may consider, during its mid -year budget review, an
additional allocation of funds to the Contractor, but no assurance of
additional funding is given.
4. TERM OF AGREEMENT. This Agreement shall be effective as of July 1, 2006
and continue in effect until June 30, 2007, unless sooner terminated in
accordance with the termination provisions set forth hereinafter. The parties
contemplate that the City may desire to enter into a new Agreement for similar
services for the subsequent Fiscal Year, but unless a new Agreement is entered
into, Contractor shall not be obligated to provide any services, nor shall
Contractor be entitled to payment for services rendered, after June 30, 2007.
5. UNILATERAL TERMINATION: Despite the provisions that this contract shall be
in force until June 30, 2007, this Agreement may be terminated by either party,
with or without cause, at any time upon either party giving thirty (30) 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. If this Agreement is so terminated the Contractor shall be compensated
for the services provided as of the date of said termination based upon services
rendered prior to termination, with compensation in proportion to the amount of
expenditures and obligations properly shown by reports submitted. In the event
that Contractor has received the full one time sum provided for in this Agreement
at the time of any such termination, Contractor shall promptly refund any surplus
funds to City. Amounts due shall be determined on a prorated basis, in
accordance with Schedule A, with any amounts due to be prorated based upon
the period during which the Agreement continued in effect, prior to termination.
6. RELATIONSHIP OF PARTIES: It is understood that the contractual relationship
of the Contractor to the City is that of Independent Contractor; Contractor is not
the agent of the City, nor an employee of the City. City shall not direct the
manner in which Contractor provides its services, but Contractor shall be
responsible for the results achieved. The means by which Contractor provides
the services specified hereunder shall be determined solely by Contractor. City
shall exercise no control over the manner and details of performance, the specific
hours that any employee of Contractor may work, who shall be employed by
Contractor 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
Contractor.
3
Agreement by Non -Profit Organization
to Provide Services to the City of Palm Desert
7. ASSIGNMENT: This Agreement shall not be assigned or duties hereunder
delegated by Contractor without the written consent of the City.
8. 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.
9. WORKERS COMPENSATION INSURANCE AND OCCUPATIONAL SAFETY
AND HEALTH ACTS: The Contractor shall obtain and maintain during the term
of this Agreement such Worker's Compensation Insurance as may be required by
state law and shall comply in all respects with the provisions of both federal and
state occupational safety and health statutes.
10. LIABILITY INSURANCE: Contractor shall procure and maintain for the duration
of this Agreement liability insurance against claims for injuries to persons or
damages to property in an amount not less than One Million Dollars
($1,000,000.00) which may arise from or in connection with the activities of
Contractor or employees of Contractor under this Agreement. All such insurance
shall name the City of Palm Desert as an additional insured and, upon written
request, Contractor shall furnish the City with certificates of insurance
documenting such coverage.
11. HOLD HARMLESS: The Contractor's relationship to the City is solely that of an
independent contractor. No employee of the Contractor is an employee or agent
of the City in any respect, and Contractor shall be solely responsible for all
activities of its employees, agents, its own independent contractors and third
parties for all losses, costs, damages or injuries (including wrongful death)
caused by or arising out of any act or omission of the Contractor, its employees,
agents, or independent contractors relating to the services performed or to be
performed by the Contractor hereunder. Contractor specifically agrees to save
and hold harmless the City, its officers, employees and agents from any liability
or claim of liability arising from performance under this Agreement.
12. POLITICAL ACTIVITY PROHIBITED: The Contractor shall not itself, or by its
officers or directors acting on behalf of the Contractor, engage in any form of
political activity in relation to local governmental affairs. This provision shall not
preclude Contractor from supporting or opposing legislation affecting Contractor's
operations or directly affecting Contractor's members, but the Contractor, either
as an organization, or by activities of its officers and directors acting on behalf of
the organization, shall not actively support, endorse or oppose a candidate for
4
Agreement by Non -Profit Organization
to Provide Services to the City of Palm Desert
local (city, county, school district or other local unit of government) office, or any
local elected official, nor shall any of Contractor's publications, pamphlets,
brochures or promotional newsletters play any such role in local political matters.
Nothing herein shall prevent an officer or Board Member from seeking elective
office in his or her own right, but no endorsement of any such candidacy by the
Contractor shall be permitted. Contractor further agrees not to participate in, or
otherwise intervene in (including the publication or distribution of statements
concerning), any political campaign on behalf of, or in opposition to, any local
elected official or candidate for public office. Nothing herein shall preclude any
individual officer, director or member of the Contractor from taking part personally
in any political campaign, as long as such person's participation is solely as an
individual and not as a representative or agent of the Contractor.
13. COOPERATION WITH CITY OFFICIALS: The Contractor agrees that it will
cooperate and work closely with all officials of the City, including the City
Manager, in its performance of this Agreement.
14. CONTACT PERSONS: All contacts concerning the implementation or
interpretation of this Agreement shall be made between the City Manager on
behalf of City and the Executive Director of Contractor.
15. NOTICES: Whenever it shall be necessary for either party to serve any notice
on the other party respecting this Agreement, such notice shall be served by
certified mail addressed as specified below, unless and until a different address
is specified by either party. Such notice shall be deemed to have been served
within seventy-two (72) hours after the same has been deposited in the United
States Post Office with postage fully prepaid thereon. This shall be valid and
sufficient service of notice for all purposes.
16. OFFICERS AND DIRECTORS: Contractor shall provide to City a current listing
of its officers and directors, and shall, within thirty (30) days after any change in
such listing provide a new up-to-date listing of all officers and directors.
17. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement
between the parties. Any prior representations, promises, or agreements, written
or oral, by whomsoever made, are superseded by the terms and conditions set
forth herein. Any purported term or condition not specified herein shall be
deemed of no force or effect. The application for funding submitted by
Contractor to City and Schedule A annexed hereto are part of this Agreement.
5
Agreement by Non -Profit Organization
to Provide Services to the City of Palm Desert
18. ATTORNEYS' FEES: In the event that any party to this Agreement shall bring
an action to enforce the provisions of this Agreement or as a result of any default
in the performance of any of the provisions of this Agreement, the prevailing
party in such action shall be entitled to recover all costs and expenses, including
reasonable attorneys' fees, incurred by such party in connection with such action.
19. GOVERNING LAW: This Agreement shall be construed and governed by the
laws of the State of California.
r.]
Agreement by Non -Profit Organization
to Provide Services to the City of Palm Desert
TO THE CITY:
Rachelle Klassen, City Clerk
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
TO THE CONTRACTOR:
FirstName» « LastName»
«Company»
aAddress1»
Address2»
City)), «State» «PostalCode»
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their
respective authorized officers, effective as of July 1, 2006.
CONTRACTOR:
Executive Director
Print Name
APPROVED AS TO FORM:
CITY OF PALM DESERT
a Municipal Corporation
Mayor
Print Name
ATTEST:
Rachelle D. Klassen, City Clerk
APPROVED:
David J. Erwin, City Attorney Carlos L. Ortega, City Manager
7
Agreement by Non -Profit Organization
to Provide Services to the City of Palm Desert
State of California
County of Riverside
On
Date
, before me,
Name and Title of Officer (Eg. "Notary Public")
personally appeared
Name(s) of Signer(s)
personally known to me, proved to me on the basis of satisfactory evidence, to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
Place Notary Seal Above
Rl
Agreement by Non -Profit Organization
to Provide Services to the City of Palm Desert
SCHEDULE A
SERVICES TO BE PROVIDED BY CONTRACTOR
(Attached and incorporated with Agreement)
All services specified in Contractor's application for funding for Fiscal Year 2006-
2007, dated July 1, 2006, including, but not limited to, those services specified below
on this Schedule, or as described on any attached sheets made a part of Schedule A:
The proposed services described herein set forth the services described in the
Application, which is the basic document upon which this Agreement is founded, and
which Application is incorporated herein by reference as Exhibit A, and attached hereto.
SUMS TO BE PROVIDED BY CITY TO CONTRACTOR
In consideration for services rendered, City agrees to provide the sum of
$«Amount» to Contractor for Fiscal Year 2006-2007.
L
Agreement by Non -Profit Organization
to Provide Services to the City of Palm Desert
SCHEDULE B
REPORT OF SERVICES RENDERED
AND TO BE RENDERED
(DUE JANUARY 31, 2007)
CONTRACTORS, by its duly authorized official, hereby submits to the CITY OF
PALM DESERT its report on services rendered and to be rendered by Contractor,
including how the funds were expended and the number of Palm Desert residents that
were benefitted, pursuant to that certain "Agreement by Non -Profit Organization to
provide services to the CITY OF PALM DESERT" effective July 1, 2006.
CONTRACTOR certifies that it has maintained its office during the hours
contracted for, and has continuously provided all services contracted for, and assures
the City it will conduct all programs contracted for, as specified below on this Schedule,
or as described on any attached sheets made a part of Schedule B:
Included in the services provided, Contractor has, during the period covered by
this Report, performed the following approximate services during the period July 1, 2006
to December 31, 2006.
This report, herein by reference as Schedule B, shall after being completed be
returned to the City of Palm Desert, no later than January 31, 2007.
The undersigned, the duly authorized official of the Contractor, certifies that the
information provided herein is true and correct.
Dated:
ITS]
Name of Organization (Contractor)
By:
Signature of Authorized Official
Agreement by Non -Profit Organization
to Provide Services to the City of Palm Desert
SCHEDULE C
REPORT OF SERVICES RENDERED
AND TO BE RENDERED
(DUE APRIL 1, 2007)
CONTRACTOR, by its duly authorized official, hereby submits to the CITY OF
PALM DESERT its report on services rendered and to be rendered by Contractor,
including how the subject funds were expended and the number of Palm Desert
residents that were benefited, pursuant to that certain "Agreement by Non -Profit
Organization to Provide Services to the CITY OF PALM DESERT" effective July 1,
2006.
CONTRACTOR certifies that it has maintained its office during the hours
contracted for, and has continuously provided all services contracted for, and assures
the City it will conduct all programs contracted for.
Included in the services provided, Contractor has, during the period covered by
this Report, performed the following approximate services during the period July 1, 2006
to June 30, 2007.
This report, herein by reference as Schedule C, shall after being completed be
returned to the City of Palm Desert, no later than April 9, 2006, along with your
request for funding for Fiscal Year 2006-2007.
The undersigned, the duly authorized official of the Contractor, certifies that the
information provides herein is true and correct.
Dated:
11
Name of Organization (Contractor)
Signature of Authorized Official
Agreement by Non -Profit Organization
to Provide Services to the City of Palm Desert
RECEIPT OF FUNDS
Pursuant to that certain "Agreement by Non -Profit Organization to Provide Services to
the City of Palm Desert," dated , the undersigned, a duly
authorized official of Contractor, does hereby confirm and acknowledge that on the
day of , 2006, the undersigned personally received on behalf of
Contractor, the CITY OF PALM DESERT check, Number , in the amount of
$ , made payable to (Contractor).
DATED:
12
CONTRACTOR:
(Name of Contractor)
(Signature of authorized official)
(Name of signing authorized official)