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HomeMy WebLinkAboutRes 06-148 Dissolving Sister Cities CmteCITY OF PALM DESERT CITY MANAGER'S OFFICE AGENDA REPORT SUBJECT: Resolution No. 06-148, A Resolution of the City Council of the City of Palm Desert, California, Dissolving the Palm Desert Sister Cities Committee and Approval of the Non -Profit Organization Funding Agreement between the City of Palm Desert and the Palm Desert Sister Cities Foundation, in the amount of $96, 707.02. SUBMITTED BY: Stephen Y. Aryan, Assistant to the City Manager Sheila R. Gilligan, Assistant City Manager, Community Services DATE: November 16, 2006 ATTACHMENTS: (1) Resolution No.06-148 (2) Outside Agency Funding Agreement -Palm Desert Sister Cities Foundation (3) Palm Desert Sister Cities Foundation Budget White Paper (4) Certified Articles of Incorporation -Palm Desert Sister Cities Foundation (5) Palm Desert Sister Cities Foundation Budget Tracking Report (11/3/06) RECOMMENDATION By Minute Motion: 1. Approve Resolution No. 06-148 , a resolution of the City Council of the City of Palm Desert, California, dissolving the Palm Desert Sister Cities Committee. 2. Approve the Non -Profit Organization Funding Agreement between the City of Palm Desert and the Palm Desert Sister Cities Foundation, in the amount of $96, 707.02. 3. Appropriate $96,707.02 for funding assistance to the Palm Desert Sister Cities Foundation, from Account No. 110-4416-414-31-26. EXECUTIVE SUMMARY During the consideration of the Sister Cities budget for fiscal year 2004/2005, the City Council and the Palm Desert Sister Cities Committee (PDSC) determined that re -organizing the Committee as a separate 501(c)(3) tax-exempt, non-profit organization, would enhance its commitment towards creating programs and collaborations that exemplify the spirit of Sister Cities. The law firm of Green, de Bortnowsky & Quintanilla assisted the Committee in the Articles of Incorporation process on a pro bono basis. The first step in applying for non-profit status is the formation of Articles of Incorporation, which was recently approved by the Secretary of State's Office on October 5, 2006. The Palm Desert Sister Cities Committee can now be dissolved and is considered a non-profit organization called the Palm Desert Sister Cities Foundation (the Foundation). Resolution No. 06-148 November 16, 2006 Page 2of3 The Foundation has approved Bylaws that define the rights and obligations of its officers, directors, and members. The Bylaws contain the standard procedures for conducting meetings and making policy. During the FY 06-07 budget study sessions, the Foundation requested City funding in support of its programs and administration for $136,660. However, Staff's position was that the Foundation could implement its identified programs at a cost of $84,500. Although this is a reduction of approximately 38%, this revised budget has the necessary resources for the Foundation to maintain its programs and carry out its goals. The Foundation will also receive the net profit from the 2006 Sister Cities Golf Tournament fundraiser, which was $12,805.08, for a total funding of $97,305.08. To date, the Foundation spent approximately $598.06 of its FY 06-07 budget. Therefore. the attached funding aqreement outlines a total financial request of $96,707.02. As with any outside agency funding, the Foundation will have to submit periodic reports to the City providing specific information on the funds spent to date. To formally dissolve the Palm Desert Sister Cities Committee, Staff recommends that the City Council approve Resolution No. 06- and approve the Outside Agency Funding Agreement with the Palm Desert Sister Cities Foundation, in the amount of $96,707.02. DISCUSSION The City of Palm Desert established its Sister Cities Committee with adoption of Resolution No. 92-93 on September 24, 1992. As it is currently structured, the Committee consists of thirteen permanent members and can have ex-officio members as appropriate. The Committee's objectives are to advise, monitor, and assist the City Council on the best methods to promote the exchange of culture, information, and international relations with designated sister cities. Palm Desert currently has two existing Sister City relationships with the city of Gisborne, New Zealand and the city of Ixtapa-Zihuatanejo, Mexico. In an effort to enhance the outreach of this program into the community, the City Council and Committee decided to re -organize the Sister Cities Committee as a separate 501(c)(3) tax- exempt, non-profit organization. However, the City of Palm Desert desires to continue providing assistance in hosting cultural exchanges and supporting the Committee financially and through City participation. Such action will provide a foundation to fabricate the future of the program and enhance the Committee's efforts to date. The law firm of Green, de Bortnowsky & Quintanilla assisted the Committee and Staff in the 501(c)(3) application process. An initial step the Committee undertook was the submittal of Articles of Incorporation to the Secretary of State. The next critical path was the establishment of the Bylaws, which the Foundation approved. Work has commenced on preparing the lengthy 1023 application process for federal tax exemption status. Please note that this process does not affect the Committee's conversion into a non-profit entity. The Articles of Incorporation were recently approved by the Secretary of State's Office on October 5, 2006. The Palm Desert Sister Cities Committee can now be dissolved and is now called the Palm Desert Sister Cities Foundation (the Foundation), a non-profit entity that is seeking federal and state tax exemption. G \CityMgr\Jane Stanley\Sister Cities Committee Dissoluton.doc Resolution No. 06- 148 November 16, 2006 Page 3 of 3 FISCAL CONSIDERATIONS As a separate non-profit entity no longer under the City's oversight, Staff recommends that any funding request by the Palm Desert Sister City Foundation will have to follow the same procedures required of other non -profits seeking City financial support. During their annual retreat, the Palm Desert Sister Cities Foundation established a budget that it asserts will support its programs and desired goals as a non-profit entity. This budget totaled $154,160 and included $61,070 for programs/Foundation expenditures, and $93,090 in administration costs. The Foundation requested the City provide funding in the amount of $136,660. This amount accounts for a $17,500 deduction (the projected revenue amount) from the total budget request. Staff did not recommend funding the Foundation in the amount requested ($136,660), but recommended a budget in the amount of $84,500, plus the Foundation's net profit of $12,805.08 from their 2006 Golf Tournament fundraising event. To date, the Foundation has spent approximately $598.06 of its FY 06-07 budget. Therefore, the attached funding agreement outlines a total financial request of $96,707.02. As with any outside agency funding, the Foundation will have to submit periodic reports to the City providing specific information on the funds spent to date, along with other requirements outlined in the Agreement. As part of this process to formally dissolve the Palm Desert Sister Cities Committee, Staff recommends that the City Council approve Resolution No. 06- and approve the Outside Agency Funding Agreement with the Palm Desert Sister Cities Foundation, in the amount of $96,707.02. Please note that once the Foundation is funded at the recommended level, the previous fundraising revenues account will be dissolved into the City's General Fund. The newly formed Sister Cities Foundation, although no longer supported by City Staff, will also have a designated Staff liaison to coordinate any City's interaction with this newly formed nonprofit agency, if necessary. Staff would not be working for the Foundation; this relationship would be similar to the City's current interaction with the Palm Desert Historical Society. While the advancement of the Sister Cities Committee into a non-profit organization was a very labor-intensive process, as a 501(c)(3) non-profit organization, the Palm Desert Sister Cities Foundation can continue its tradition of excellence in fostering global cultural awareness, while still maintaining a collaborative effort with the City of Palm Desert in attaining its goals for a vi?rant and,pTNuctive program. S itt d by: l Sheila R. Gilliga Assistant City Manager, o munity Services Ap ed b 1/2 !W, Pa I Gibeo , Finance Director S ephen Y. Aryan Assistant to th i I Manager Carlos L. Ort a, City Manager G \CrtyMgrUane Stanley�Sister Cities Committee Dissolution doc REQUEST FOR APPROVAL OF A RESOLUTION DISSOLVING THE PALM DESERT SISTER CITIES COMMITTEE, APPROVAL OF ITS NON-PROFIT STATUS AND FOR A NON-PROFIT FUNDING AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT SISTER CITIES FOUNDATION. '7 '-' ACTION ,",r-PROVED DENIED, "E,IVED OTHER.6U . r.E1I' DINE i.0 J i a 133ENT, AA ABSTAIN: AZW VERIFIED BY: /J/Z Original on File wit' City Clerk's Office RESOLUTION NO. 06-Lit RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DISSOLVING THE PALM DESERT SISTER CITIES COMMITTEE WHEREAS, the City Council established the Sister Cities Committee on September 24, 1992, with adoption of the Resolution No. 92-93, for the purpose of dealing with matters concerning the City's Sister City Program; and WHEREAS, the Committee's success warranted a membership increase to thirteen (13) members, which was effected by the adoption of Resolution No. 05-3 on January 13, 2005; and WHEREAS, over the past fourteen years, the Sister Cities Committee has reviewed issues of importance within its purview and provided timely advice to the City Council thereon; and WHEREAS, due to the success of the Sister Cities Program and in an effort to enhance its outreach, the City Council of the City of Palm Desert and the Sister Cities Committee decided to re -organize the Sister Cities Committee as a separate 501(c)(3) tax- exempt, non-profit organization; and WHEREAS, California Secretary of State Bruce McPherson officially endorsed the Articles of Incorporation for the Palm Desert Sister Cities Foundation, as a nonprofit public benefit corporation, on October 5, 2006. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Palm Desert, California, does hereby determine that it is in the public interest that the Sister Cities Committee be dissolved at this time. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its adjourned regular meeting held on the 16th day of November, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JIM FERGUSON, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 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 16th day of November 2006, by and between the CITY OF PALM DESERT, a municipal corporation (herein referred to as "City"}, and the PALM DESERT SISTER CITIES FOUNDATiON, 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 June 30, 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 �a 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 ailocation of funds to the Contractor, but no assurance of additional funding is given. 4. TERM OF AGREEMENT. This Agreement shall be effective as of November 16, 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 ($1,00O,OOQ.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 � 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. G 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 resuit 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. .,�,• 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: Mr. Mark Talboys, Chair PALM DESERT SISTER CITIES FOUNDATION 45-580 Portola Avenue Palm Desert, CA 92260 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their respective authorized officers, effective as of November 16, 2006. CONTRACTOR: CITY OF PALM DESERT a Municipal Corporation Chair Mr. Mark Talboys APPROVED AS TO FORM: 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 �� 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 0 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 November 16, 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: SEE ATTACHED WHITE PAPER (EXHIBIT 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 $96,707.02 to Contractor for Fiscal Year 2006-2007. 0 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 November 16, 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. Name of Organization (Contractor) Dated: By: Signature of Authorized Official 10 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 November 16, 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 1, 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. Name of Organization (Contractor) Dated: By: Signature of Authorized Official 11 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: CONTRACTOR: (Name of Contractor) (Signature of authorized official) (Name of signing authorized official) 12 Exhibit A �,V�n �� �i�� �'ALM ����Rfi GiT'r' MANAGER'S OFFIC� INTEROFFICE MEMORANDUM To: City Council From: Carlos L. Ortega, City Manager Date: May 25, 2006 Subject: Revised White Paper: Sister City Foundation Budget Request Attached for your review a revise "White Paper" on the Sister City Foundation Budget Request. This document differs from the original as follows: 1. Staff initiated minor text alterations to the document; 2. Due to an incorrect subtotal, the total Foundation funding request was reduced by $17,220; and 3. Staff increased the recommended funding level for the Foundation by $1,780. Should you have any comment or questions concerning this matter, please contact Stephen Y. Aryan, Assistant to the City Manager. Thank you. ���� Carlos L. Orte City Manager cc: Sheila Gilligan, Assistant City Manager for Community Services ��;�`1--� �i�� �'ALM i1���F�`� CIiY MANAGER'S OFFICE WHITE PAPER SUBJE�T: Revised Palm Desert Sister Cities Foundation Funding Requesf SUBMITTED BY: Stephen Y. Aryan, Assistant to the City Manager Sheila R. Gifligan, Assistant City Manager, Community Services DATE: May 25, 2006 ATTACHMENT: Palm Desert Sister Cities Foundation Budget Request RECOMMENDATION By Minute Motion: 1. Approve Staff's recommendation for $84,500 in funding for the Palm Desert Sister Cities Foundation. Although the designation of the Palm Desert Sister Cities Committee as a 501 (c)(3) will not be final until sometime after the start of Fiscal Year 2006/2007, for budgeting purposes only, Staff will identify the Committee as the Palm Desert Sister Cities Foundation. EXECUTIVE SUMMARY During the consideration of the Sister Cities budget for fiscal year 2004/2005, the City Council and the Palm Desert Sister Cities Committee (PDSC) determined that re-organizing the Committee as a separate 501(c)(3) tax-exempt, non-profit organization, would enhance its commitment towards creating programs and collaborations that exemplify the spirit of Sister Cities. The law firm of Green, de Bortnowsky & Quintanilta assisted the Committee in the 501(c)(3) application process on a pro bono basis. The first step in applying for non-profit status was the formation of Articles of {ncorporation, which was recently submitted to the Secretary of State's Office for review. Upon acceptance of the Articles of Incorporation (anticipated by July 2006), the Palm Desert Sister Cities Committee can be dissolved and will be considered a non-profit organization called the Palm Desert Sister Cities Foundation. The PDSC recentty approved its official Bylaws that de�ne the rights and obligations of the Foundation's officers, directors, and members. The Bylaws contain the standard procedures for conducting meetings and making policy. The Foundation is requesting City funding in support of its programs and administration for $136,660. However, Staff's position is that the Foundation can implement its identified programs at a cost of $84,500. Although this is a reduction of approximately 38°l0, Staff maintains that the recommended budget has the necessary resources for the Foundation to maintain its programs and carry out its goals. ���/IS�ti �'iI�BY� �1����h �=�B��w6" tL=��9��. ����ua�e�„:��r�:Ad�aN ���ra�i�yr� iKec������, flAay 15, 2�t�� �aye :� �►� � DISCUSSION The City of Palm Desert established its Sister Cities Committee on September 24, 1992, As it is currently structured, the Committee consists of thirteen permanent members and can have ex- officio members as appropriate. The Committee's objectives are to advise, monitor, and assist the City Council on the best methods t� promote the exchange of culture, infarma�tion, and international relations with designated sister cities. Palm Desert currently has two existing Sister City relationships with the City of Gisborne, New Zealand and the City of Ixtapa- Zihuatanejo, Mexico. In an effort to enhance the outreach of this program into the community, the City Council and Committee decided to re-organize the Sister Cities Committee as a separate 501(c)(3) tax- exempt, non-proflt organization. However, the City of Palm Desert desires to continue providing assistance in hosting cultural exchanges and supporting the Committee financially and through City participation, which will provide a foundation to fabricate the future of the program and enhance the Committee's efforts to date. The law �rm of Green, de Bortnowsky & Quintanilla assisted the Committee and Staff in the 501(c)(3) application process. An initial step the Committee undertook was the submittal of Articles of Incorporation to the Secretary of State. It is anticipated that the Secretary of State should provide a decision on the articles by July 2006. The next critical path was the establishment of the Bylaws, which was recently approved. Work will soon commence on preparing the lengthy 1023 application process for federal tax exemption status. Please note that this process does not affect the Committee's conversion into a non-profit entity. Once the Articles of Incorporation are approved, then the Committee can be considered a non-profit entity that is seeking federal and state tax exemption. Until this time, this Committee will oversee the current Sister Cities program. Upon approval of the Articles of Incorporation, Staff will prepare a resolution dissolving the Palm Desert Sister Cities Committee and bring forward a funding contract between the City of Palm Desert and the newly established Palm Desert Sister Cities Foundation, for the City Council's consideration. FISCAL CONSIDERATIONS As a separate non-profit entity no longer under the City's oversight, Staff recommends that any funding request by the Palm Desert Sister City Foundation will have to follow the same procedures required of other non-profits seeking City financial support. During their annual retreat, the Palm Desert Sister Cities Foundation established a budget that it asserts will support its programs and desired goals as a non-profit entity. This detailed budget document is attached as an exhibit to this report for your review. This budget totals $154,160 and includes $61,070 for programs/Foundation expenditures, and $93,090 in administration costs. The Foundation requests the City provide funding in the amount of $136,660. This amount accounts for a$17,500 (the projected revenue amount) deduction from the totai budget request. �taff doe� riot recoi��mend funding the Foundation iii the amount rec�uested ($136,G60) a� t{i� administration costs can be handled as recommended by Staff. Staff recommends funding the programs/Foundation expenditures ($61,070) at the level requested, but readjusted tf�e administration costs from $93,090 to $40,930, � difference of $52;160. G.�CiryMgr\Stephen Aryan\Word DatalAgantla Reports�Sister Cdies Committee White Paper-Revised doc Revised Palm Desert Sister Cities Foundation Funding Request May 25, 2006 Page 3 of S Staff recommends a budget be approved for the Palm Desert Sister Cities Foundation in the amount of �84,500. The Foundation has a reserve account representing their fundraising efforts over the last three years. This amount and projected fundraising revenues of $17,500 in FY 06107 will offset the programladministrative costs requested. If the Foundation is funded at the Staff recommend level, this fundraising revenues account will be dissolved into the City's General Fund. The newly formed Sister Cities Foundation, although no longer supported by City Staff, wil! also have a designated Staff liaison to coordinate any City's interaction with this newly formed nonprofit agency, if necessary. Again, Staff would not be working for Foundation. This relationship woufd be similar to the City's current interaction with the Palm Desert Historical Society and Chamber of Commerce. BUDGET REQUEST SUMMARY $53,850 $53,850 $0.00 Administration Budget $93,090 $40,930 ($52,160) *Sub Totai $154,160 �102,000 ($52,160) Fundraising Revenue ($17,500) ($17,500) $0.00 Total Budget Request $136,660 $84,500 �$52,160) "Please note that the attached budget document incorrectly subtotals the program budget as $61,070 (actual subtotal is $53,850) and should not have added the $10,000 in Golf Tournament Donations. (See Exhibit A) Program Budget (See Exhibit A) STAFF'S RECOMMENDED FOUNDATION ADMINISTRATIVE BUDGET Rent Utilities $15,000 $2,700 � $2, 500 12,000) Staff recommends the Sister Cities Foundation conduct its business f�om the Portola Community Ctr. This annual cost includes standard utilities, meeting/office space rent for one year, and clerical support. By having their office at the Portola Community Ctr., certain annual utility costs were eliminated. However, staff increased the phone & ISP costs. Wages/Salaries $55,760 ($200) $0.00 ($55,760) Staff does not recommend hiring a full-time employee at this stage in the Foundation's existence. However, costs are allocated for P/T admin. & professional support. G'\GtyMgr\Stephen Aryan�Word DataVlgenda Reports\Sister Gties Commdtae Whde Paper-Re�sed.dce ����i���� �'���sa �r��k;� r': �_�d:���� ��,a���:�� ��a����u�����:�K,�°p �ayca��Arye� ��qu�;�� �Aa� ��►, 2ill'1� �'ag� � �f �i Professional Services Insurances Capital Purchases Supplies Storage Postage Licenses/Fees TOTAL REQUESTED/ RECOMMENDED AMOUNTS ,500 $5, 500 $6,050 $2,000 $1,680 $1,770 $130 $93,090 19,000 $8,000 $4,300 $2,000 $0.00 $2,000 $130 $40,930 $16.500 Staff increased this amount hy $15,500 for half-time (20 hours a week at $15.00 p/hour) annual clerical support and added a�i additional $1,000 for professional accounting fees. $2,5�t? In consulting with the City's Risk Manager, he indicated that workers compensation insurance coverage, or similar policy (direct medical/accident coverage) may be necessary, as well as commercial automobile and renter's policies. Therefore, Staff increased this line item by $2,500 annually in case such coverage is necessary. ($1,750) Reduction in costs associated with computers and software. fncrease in file cabinet cost. $0.00 No Chanqe ($1,680) Staff has already paid for annual rental storage unit costs separately to July 1, 2007. $230 Staff recommends increasing the postage costs. $0.00 No Chan e (52,160) PALM DESERT SISTER CITIES FOUNDATION PROGRAMS (EXHIBIT A� The following is a brief explanation of the programs found under each Foundation Sub- Committee that require further explanation (please see attached budget document). These amaunts total $61,070: ART, CULTURE, AND EDUCATION SUB-COMMITTEE excnanges ae�vveen �isporne �iv.�.� ana raim uese�. � This budget allocation covers artist related costs, includiny hosted receptions, art materials/supplies, host mileage � costs, and artist tickets to local activities and meals_ __ G\CiryMgr\Slepnen Aryan\Word Data�Agenda Reports\Sister Gties Commdtee White Paper-RewseU.doc , j ' � ���i:s�Y:� ��Ir�d ���-��ti-� ��N���n d.-s�di�� � u.1@yti'tl�Y�11�:1(Ji't G�'�.q6tlCietl� ��ql.1�5L n�ay ��, �c,d� �'ag� � of � McCallum AEP Hosting Receptions TOTAL ,500 $500 $5,600 � The McCailum Theatre offers an Aesthetic Education Program scholarship to the Sister Cities Foundation for i visiting educators from the two sister cities. This program enhances the educators' understanding of the world through involvement with diverse artwork. The requested budget allocation is for hosted receptions, mileage costs, and participant tickets to local activities and meals. � For hosting various sub-committees related functions. HUMANITARIAN SUB-COMMITTEE Bombero/Firefighter ° Lifeguards Wheelchair Ambulances Donation DlF Childcare Center $5,000 $2, 500 $5,000 $2,500 The Bombero Training Program began in the spring of 2004 with a donation of fire vehicles to Ixtapa-Zihuatanejo by the Cove Commission. Part of this program currently involves vehicle maintenance, shipment of surplus equipment, and cross training between Palm Desert and Zihuatanejo firefighters. This budget aflocation covers training costs, travel for local firefighters, hosting events, parts expenditures, and shipping fees. This program aims to enhance lifeguard response, training, and continued support of a Jr. Lifeguard Pgm. in Ixtapa- Zihuatanejo. This allocation covers the costs of transportation, hosting, equipment, & training sessions. The Foundation, in association with Palm Desert and Ixtapa Rotary Clubs, & Ixtapa-Zihua. Sister Cities Committee is working on a wheelchair program to deliver a container of 250 wheelchairs to Ixtapa-Zihuatanejo from China. The total cost is $21,000; however, the goal is to raise $10,500 because of a possible matching grant opportunity. The Foundation requests a$5,000 alfocation & is seeking fundraising opportunities for the remaining balance. The Foundation is looking to ship two additional surplus ambulances to Ixtapa-Zihuatanejo, along with a. considerable amount of firefighting equipment and supplies. � The City of Zihuatanejo and Ixtapa-Zihua. Sister Cities will i pay for the ambulances' shipping costs. This budget , allocation covers the costs of equipment/supplies and � shipping. � The DIF is an Ixtapa-Zihuatanejo social agency that ' requestecl assistance with various programs. I hey � , primarily focus on assisting childrei�, th� �Id�rly a��t? ' { mothers. These programs include special needs, nutrition, ! i dental/vision, and heafthcare. The budget allocation is � su��ested_for a future program not yet identified. ...__1 _.Y_ , . _�.. . - _ . . . _ . 4 Projects $1,000 � � G�Gry�vlgnStephen Aryan\Wor� DztaWgenda Raports\Sisler CiUes Committee Whita Paper-Revised.doc �:�vi��� �a�r�rd r����� � ;�a���:r �� i�i��� �-y��p��o�.���acyre ��ye��;�enc� �e�q�i��r. �fiay �5, �bt�b �'��� fi �f �3 Purchase of an All Terrain Vehicle for assistance with rescue operation in Ixtapa Zihuatanejo. __ ____.__._ .__�_ Funds for shipping of mobile medical units. For hosting various sub-committees related functions. 1�������������������������������1����������1������������������1������������ TOUR{SM AND ECONOMIC DEVELOPMENT SUB-COMMITTEE .. � . �- . . � • Industry Expert to IZ $1,500 This provides for industry experts such as representatives (Airfare x2) of the City's waste hauler to visit Ixtapa-Zihuatanejo and assist in the creation and promotion of recycling or other ZIH Airport PD Sign Art of Food & Wine Golf Tournament Er��ployee Exchange � I $750 $2, 500 $5,000 $1,OOG programs. The Foundation has suggested to its colleagues in Ixtapa- Zihuatanejo that a sign, acknowledging the Sister City re{ationship, be pfaced in the arrivals area at the Zihuatanejo Airport, to promote the program. J.W. Marriott's Desert Springs Resort is producing this event. The focus of this effort is to showcase the art of food by hosting several well-known chefs, who will provide program experiences for attendees. Wine is the second feature of this event, and wine companies from across the country will be involved, competing for the Best of Palm Desert Wine Glass. Last, but not least, the City's Art In Public Places Program becomes a greater draw to Palm Desert each year. People are interested in the cultural aspects of our community, so the art program will play a part in this event. At Council's direction, a chef from Ixtapa- Zihuatanejo was included, and the money budgeted will assist that individual in coming to Palm Desert and participatin� in this event. The Tee'd 2 Read Golf Tournament is produced by the Sister Cities Foundation and held annually. This year both Gisbome and Ixtapa-Zihuatanejo are represented. The tournament produces approximately $10,000 in revenue per year for funding of the Sister Cities Foundation, which donates it to local and international schools within Palm Desert's Sister Cities. The City has benefted from an employee exchange ' �,rogram with participants from c�isborr�e. I�i acidition, �ui� employees have gone to Gisborne to work with them and � share our ideas and culture. Money is budgeted iu � __ _continue this^program in the future. G�CiryA4qAStaphen Ary�n�Word Data�.4genda Raports\Sisler Cit�es Committee Whde Papar-Rawsed.tloc � Mobile Medical Unit ' $500 � Hosting Receptions � $500 � TOTAL � 18,000 ��vi��z� �'�Yrr� �=a�•�.�;� �; �����fi � :�'����`> ��rN�9N`i���I$!('��6 ��9f`��f!'!CJ ���}@.9�',�,Y� li�alj/ �`'JJ, �llrl�i �'age �1 �if �C Trade Industry Group From Gisborne Hosting Receptions Group Tour to IZ TOTAL Website Development Relationship Building SC Visitors Genter Display Golf Toumament Promotion Hosting Family Groups/Individuals . Golf Cart Parade � $2,000 �$250 $15,000 ' $500 $3,000 $2,000 $2,000 $2,000 i i � �� - - - -� -- -- -- The Mayor of Gisborne is very pro-economic development and looks at our Sister Cities relationship as an opportunity to not only expand the goals of the Foundation k,ut fo fund economic development in both countries. The planned visit by the Mayor of Gisborne and a delegation representing Gisborne industry will occur in November 2006. This contribution is intended for hospitality and/or presentations at meetin�s. For hosting various sub-committees reiated functions. Funds related to a aroup tour of Ixtaoa-Zihuataneio. The Sister Cities Foundation does have a website, which was initially created for the Tee'd 2 Read Golf Tournament. The site needs to be expanded and kept current as to Sister Cities activities/programs. Money is budgeted accordingly. This is money budgeted for opportunities the Foundation may have associated with developing media contacts. There is space available at the Visitor Center for a nice, professionally produced display of the Sister Cities program. This display is being created, and money is budgeted accordingly. This display will also highlight all of the great products that come from our New Zealand Sister City, when the Mayor visits later this year. This request is tied to the first item, the Tee'd 2 Read Golf Tournament, and promotion required to make the event successful. This amount is in addition to the requested money for the Toumament itself. The Foundation has had several visitors from both Sister ; Cities, and it was decided that a specific line item should be � created for dealing with expenses associated with hosting these visitors. � The Sister Cities Foundation is invited to participate in the i Golf Cart Parade to showcase its global relationships. ; Ixtapa-Zihuatanejo has been part of this event, and it has � been an educational tool for our community, who may not ` f<now what a Sister City is, let alone who we are linked witf�. The money budgeted would be used for decorating the carts, promotion, and incidental expenses associated with ; tl�� event. G�Citytvlgr\Stephan AryanUNord DataWgenda Rapals\S�;ter Gl�es Canmdtee White P2por-Ravisad.doc PUBLIC RELATIONS SUB-COMMITTEE ���is�:c9 �'�I�e� p ��:�;�F�-�; ��d�x�.E u:A���� �'���@9��3�M�tR�'ib-d i�`P_9��t�111C,� ��r.�19��'i� ru��y ��� 2�0� �age $ ot �t Hosting Receptions_ w__ $2,500 � TOTAL $15,000 � For hostinq various sub-committees related functions. HISTORICAL SUB-COMMITTEE Archive Maintenance Costs TOTAL $250 FOUNDATION MISCELLANEOUS EXPENDITURES � Sister Cities International Conference � Sister Cities International Membership � Sister Cities SoCal Conference Sister Cities SoCal Membership • US/Mexico Sister Cities Conference � US/Mexico Sister Cities Membership � Retreat • Gifts for Visitors/Recognition • Hosting Receptions TOTAL � $3500 $320 $200 $100 $400 $200 $500 $1,000 $1,000 $7,220 While the advancement of the Sister Cities Committee into a non-profit organization was a very labor-intensive process, as a 501(c)(3) non-profit organization, the Palm Desert Sister Cities Foundation can continue its tradition of excellence in fostering global cultural awareness, while still maintaining a collaborative effort with the City of Palm Desert in attaining its goals for a vibrant and productive program. Submitted by: ,, , ; j, � ; , � ���.�.�'� t �heila R. Gilli ar� 9 �Assistant City Manager, Services , ,� �� � � � Stephen Y. Aryan Assistant to the Cit anager , G�GryP.agr\Siephen Aryan\Word Dala\Agenda Reports\Sster GUes Commdlee White Papzr-Rev�sed doc _i�_� i=ilk�t_j,_:i '��. �: �'_�' SUMMARY PAGE P�1L.A/! C1��EF2`� 51��1°�� �>IT9�� F��f�IC11ATI�R! BUDGET � `�` Actuals unavailable 2006 / 206� 2006/07 2005/06 2004/05 Budget Actual Budget Actual Budget Actual EXPENDITURE COMMITTEE - SUB TOTAL 7220 SUB COMMITTEES ACE 5600 HUM 18000 TED 15000 PRE 15000 FUN 0 HIS 250 PROGRAM SUB TOTAL 61070 DESIGNATED DONATIONS 10000 ADMINISTRATION Rent 15000 Utilities 2700 Wages/Salaries 55760 Insurance 5500 Capital Purchases 6050 Supplies 2000 5torage 1680 Postage 1770 Professional Services 2500 License/Fees 130 OFFICE SUB TOTAL 93090 TOTAL EXPENDITURE 171380 REYENUE Golf Tournament 15000 Annual Raffie 2500 Interest - Money Mkt Acct 0 TOTAL REVENUE 17500 P/L. �153880 RESERVE ACCOUNT 24896 Ei��ia��i° �9s�''l�C�ii�� a}r �mJ�.9f��N�?N� (excludes appropriations) 0 7070 2980 11200 3775 0 7850 6100 1100 0 13000 5000 2000 0 10750 15500 5200 0 7750 0 300 0 0 0 46420 2980 37800 12375 10000 0 0 0 0 0 0 63490 5960 49000 16150 12000 10000 12000 0 12000 0 10000 12000 0 -51490 -5960 -39000 -4150 `�'�4�4 � Page 1 ot S �����: �i_��_i�l�:�. �':/; : /i 1�=: Gommittee SCI Conference SCI Membership SCSoCaI Conference SCSoCaI Membership SC US/Mex Conference SC US/Mex Membership Retreat Misc Shipping Misc Supplies Gifts for Visitors/Recognition Golf Cart Parade Hosting Receptions Sub Total Sub Committees ACE Artist in Residence McCallum AEP Artwork Purchase Exhibit Supplies Student Exchange Hosting Receptions Sub Total HUM Bombero / Firefighters Lifeguards Wheelchair Ambulance DIF Childcare Center Projects ATV Patrol vehicle Mobile Medical Unit (shipping) Scholarship / Visit by student Donation Project Shipping of donations Shipping / Customs PartsNehicle Maintenance Hosting Receptions Sub Total �'O�i6i�li `�nU5/06 �d04/�1a �3u�1ge� Actual i�udyst Actual Budg�efi Actual 3500 320 200 100 400 200 500 0 0 1000 0 1000 7220 1600 3500 0 0 0 500 5600 5000 2500 5000 2500 1Q00 1000 500 0 0 0 0 0 500 18000 3500 2800 3500 3�00 32U 400 32U 200 200 400 180 400 150 200 500 500 500 1000 500 2000 500 1000 0 1000 500 1000 55 0 7070 2980 11200 3775 1600 1600 3500 3000 1100 1000 1000 250 500 1000 500 0 7850 0 6100 1100 5000 4136 2000 2000 5000 1000 '1000 1000 3000 1Q00 1Q00 775 U 13000 775 5000 200A Pag� 2 of 5 _:i: �;uri�t,� ;; �-, , ���,:; 2�'�06/b � 2005/06 �004/05 P3udge�t Actual f3udget Actual Budgei Actual TED Golf Tournament 5000 Group Tour to IZ 250 Industry Expert to IZ x 2(airfare) 1500 ZIH Airport PD Siyn 750 Art of Food & Wine 2500 Community Day f_1 Employee Exchange 1000 Trade Industry Group ex Gisborne 2000 Product Showcase 0 Hosting Receptions 2000 Sub Total 15000 PRE Database Management 0 Website Development 2000 Relationship Building 500 SC Visitors Center Display 3000 SC Portable Display 0 Newsletter 1000 Press / Info Kit 0 Brochure/Reprint 0 Promotional Items 0 Golf Tournament Promotion 2000 Hosting Fam Grps/Individuals 2000 Golf Cart Parade 2000 Hosting Receptions 2500 Archive Maintenance Sub Total 15000 FUN Sub Total 0 HIS Archive Maintenance 250 Sub Total 250 DESIGNATED DONATIONS Golf Totirnament Proceeds 10000 2500 250 500 500 0 5000 0 0 1000 1000 0 10750 0 0 500 0 500 1000 0 0 1000 0 2000 1000 1500 250 0 7750 0 0 0 0 10000 5000 500U ?50 5000 750 4500 200 0 15500 5200 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c�� 300 2006/07 2005/06 2004/05 �eaef�a� ����ue.��l f�udgr�i ���ual �3�ae➢g8� f�����A�6 AdMINISTRATION Page 3 ��f F ::i� f"_�Llii�j.:;, y"�/+Ic, �terit '1500b U Q (r �1 �i Utilities 270C� t1 0 0 r:� to Phone '1000 ISP Subscription 520 Electricity 1000 Gas 120 Water 60 Wages/Salaries 55760 0 0 0 0 0 Staff 1 42000 Fica 3360 Fringe/SUTA/FUTA 20% 8400 Mileage/T8�E/Ph 2000 Insurances 5500 0 0 0 0 0 Liability 1200 Directors Indeminity / Liabiliry 1500 Worker's Comp 2200 Volunteer 600 Capital Purchases 6050 0 0 0 0 0 PhonelAnswer Machine 100 Computer 3000 Software 1000 Printer/Fax/Copier 500 File Cabinet 250 Furniture 1200 Supplies 2000 0 500 0 0 0 Ink Cartridges 1000 Stationery 500 500 Misc 500 Storage 1680 Postage 1770 Professional Services 2500 Accounting 1000 Legaf 1500 License/Fees 130 State/Fed Filings 100 Business 30 Sub Total 93090 0 500 a 0 0 1 � �LlF_� N ���Ib'!1"f1@�Ll6�' �l?�JQE�u;'! Page ti< <�f 5 '..t_ �;ll�li��i ,/" i'/t :'-; ,�r�:E 1-1ri, ! :�dture &. �d��c:ation HUM Humai�itarian TED Tourism & Econoinic Development PP.E Public Relations F� Prornotion FUf� Fundraising HIS Historical Page � of 5 ?..93f5f�� State of California Secretary of State �G� �F TtiF O ;� � N�= ,.. �Q �'9,�.�� O�c �� I, BRUCE McPHERSON, Secretary of State of the State of California, hereby certify: -� That the attached transcript of � page(s} has been compared with the record on file in this office, of which it purports to be a copy, and that it is fu{f, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of OCT 2 0 �06 _.__ ` � � / �� ' BRUCE McPHERSON Secretary of State � �� ,��� . ,� . e.�,y . . , . Sec/State Form CE-107 (REV 03/31/05) �= osP o� sazon 29315��3 !����F. C �� 9C.��..".: tl.7�� I`:S�tl`9P.R��F_�!^:��,��.���9 �NDidR5ED retarFy o�"E� of the State of Ca1iiornia �f:� � � 20(1� The name of this corporation is Palm Desert Sister Cities Foundation. I] A. This corporation is a nonprofit PUBLIC BENEFIT CORPORATION and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for ( ) public purposes. or ( ) charitable purposes. or ( X) public and charitable purposes. B. The specific purpose of this corporation is to advance the Sister Cities International qrinciples of qlobal cooperation and international qoodwill throuqh the use of communitv resources and implementation of proqrams and exchanqes that qromote culture and economic development to enrich the citizenry of Palm Desert and her sister cities. � The name and address in the State of California of this corporation's initial agent for service of process is: Name Address Mr. Mark Talbovs 73-510 Fred Warinq Drive City: Palm Desert State: CALIFORNIA IV Zip: 92260 The names and addresses of the persons who are appointed to act as the initial directors of the corporation are: ����,� � i�/i ; S� "C,ti I�.:I�� 9Vi. f:��� if iu� i �� i t�:�' : r �I��a�,�f �-�ilf �udU � °�aln�� ���eserfi, � �A u�260 Iv��. i- ��:,f"i� �:� <.���� � �J�t'f:►ti� �ci-i` � i 1 a�,IciC�lulu5 l.�dii� F'alrr� C)�:;;�ri�, �`�A� �;'?�r� �vi��. �s�ii H�����-�� �l. Maryai�ei'S ���isr..c��,�l � .i��►n���:t�� 47-�535 Hwy. 1�� Palm Desert, CA �2�6ia Mr. Rolf Hoehn Marketing Solutions �roup 110 Chelsea Circle Palm Desert, CA 92260 Mr. John Marman 72-750 Somera Road Palm Desert, CA 92260 Ms. Nancy Jo Mclntosh 73-401 Terraza Drive Palm Desert, CA 9226� Ms. Rosemary Ortega Mr. Mark Talboys Mr. Frank Villar 40-160 Nolina Court 73-319 Broken Arrow Trail 76-807 Scirocco Road Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92211 Mr. Gary G. Walker Ms. Jean A. Whitney 40-820 Glenmore Drive 73-135 Tumbleweed Lane Palm Desert, CA 92260 Palm Desert, CA 92260 V A. This corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501(c)(3), Internal Revenue Code. B. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public office. � The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has established its tax exempt status under Section 501(c)(3), Internal Revenue Code. � �, ..���� , �,. . , .� , '_ ry _ ._'_""_ ._ f t����9"9,��@�� �o �au3fid"���s., �.42Y'��:;�u.�� � �; . ,r `_... -�..-��.,���..._.-._. , ' � . x �--�--� _. _ Bill y ris, Director � � �� �. �� .;'� ` - Roff Hoehn, Director �' � ,��C�C' 1 ~ ary O��ga, Di ctor � �� � �� �� Frank Viilar, Director r�� �,.1�� ��l � ry G alker, Di�ector C/We� declare that we are the , { ,�',� ; j, • � . '� �� ,� ; � , �._r� � � � � .. ��_ , li,��ifi°ii�ia ��ari ��1•k�y, I�J11'��:a�d6 �� John�Marman, D `l� ` t lr��'-_ f � �' �'% , � (. ` �'�-i';-. .� � a``. �� , ` � . Nancy Jo Mc�n�o h, Director . ,._, , � — � �, Mark Talboys, Dir o ;% X , � � �� � `�_�l,dar�A. Whitney, Director persons who executed the foregoing Articles of Incorporation which execution is our act and deed. ,r'�. . ` `� �� i��o�U �%��/l�Lu Patr cia M. Bannon, Director � �I ��, ���ill Harris, Director � r Rolf Hoehn, Director r� � , � ��/�1' � -... osemary O ga, ir or �.r . .. .� Y� �L�� �.. � � F ank �Litlar, Director ��•��� ; ', , �i �l f � 1i' . ; G_ �a�iG. W fker, Director ��, � ,�.�" Dor�na �an rby, irector � J 1 � ����.� �lo n Marman, Director � �.-�. f, �ti���.� ���-_. , Nancy Jo Mc� t sh, Director < � / � � Mark Talboys, Direoi�r ,�' P , SY �l9t/ GG�`�'iL' / - Jean A. Whitney, Directo � �F_ t�,� T��� c�ti,;. �.' k-'`'1 � �� ���-�: �)� �l �, � a.. - Q .�' ���..� � �;�; �`'�_ ; i y'` i �� �r� f;Y �F i � .._ ._.y � 0 _,, -� 0 � m � J J N O O � i I � ' I fN 10 �<I-"' �� jo i� i� 13�Q ��'�� IN �� I� j � �� �O I �p I -+- N I � -- � I � I j I � �i �, I � r Ti, � IN I i OD 0 � �o i i� I � � � -I , � I� i � I � � � c 6 Q N N ---�- 0 (D I� I� I� iC i�lOi I� I�I I�i� I �Qlml IOI(DI IN �N I I I N I � �'• i � �I I I � � I I I �� I � I I j� I I j I � I I I I � � i i I _I �_� � I � I � �Z�Di� o <fifl �OI Ic I �� � n �I I Nlm O�D o��p c��l IW cl�l��n -��, nlc �IcDI I� ��^��xQ���°13�1 ID ojml�j " `m_ o� �Ic�l I"' ��HI��N Q° �� �Iv'I I� � G� I^' -o Qo CD m �� Irnjp � Q� p��� �m -„� o D -h� xl�l �„ � I I � �v -, -� �I �N�� � 3� �lol �� �op�� � �� ��� I � I �I o�Oc�..�+� �31 I � lo��c -- (�IXI(�Ipl��p��lp'p' c �� �c �c� jc� c� �c� Ic� �c� I I I I ��� j�i���i�l�l�j� Q I�IQ Ic jc j�l�l���l � �� I� �� i� 10 10 �O O j y-I�'I�� i i� �� �� I N I i � � � i � � I�°I � i � I I � I�j j �� i i i � I I i i i I� I I � i I � I I � I I I i I i i'� I. 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I ��D � Cn'O► O I� �O .N C'')I�I�I� � ��NI� � t�* O� D I O► O ' O I(.� I iW O�I N � Cn �� �� O� I `� N N o lo ��� .���,�WI�I�I� �o ,o r n � o a o � o � I<'' � c"i--I o�w o � c''I �a N` N I � � I I I I ��-- �-- I � � � i i � i i � �! � � � I I I I I I I I I�� o l- �-� o--�ro To�-1 01-0-� 1=. �.� � i� �� i�, �, � W � Cn .A. O� I o� l A i N --� O O O O. � � I ` � I�I I J���I J��I� J - N O N O W W. W.� � � � I� �`I � ���I� �IN �i�l0�O,0�0 I I I � I� ��� � �`I�`��IO OIOIO OIOI � � I I � � � � � �� �� � I I I � � m z -� -� O v m N � � z 3 O z � � rn 0 � � a A .� W N �. 0 � O � � � �D � � � N O O � 0 O� vo C � m —�1 � n � � N N � m �o -_ T N DESCRiPTION Arts, Culfure & EducoNon SISTER CITIES FY 2006/07 BUDGET TRACKING BUDGET EXPEDITURES BALANCE PERCENTAGE � AMOUNT YTD REMAINING REMAINING Artist in Residence � $1,600.00� $0.001 $1,600.00 i 100`Y -� ----�- -- - �--- - --- McCallum Aesihetic Education Program $3,500.00 $O.00r $3,500.00 100� Hosting Reception �� $,500,pp � - --- - - � I $O.00rt $500.00 � 1003� Tourism & Economlc Developmenf Art of Food & Wine I $2,Spp,pp I ' Sister Cities Golf Tournament T , $0.00� $2,500.00 I 100% � ----- - -- - - $5 000.00 $0.001 $5,000.00� l 00�0 - - � ---- Hosting of Visitors $2,OOp.�_ _ $O.OT $2,000.00� 100� Group Tour to Ixtapa-Zihuatenejo $250.00 $0.00� $250.00 r 100�0 Trade Industry Group from Gisborne � $2,000.00 $0.00 $2,000.00� 100Yo Banners: Ixtapa-Zihuatanejo Airport t $750.00 � -� � - �--- �---- $0_00�-- $�50_00 1004'0 Industr Ex eri: Airfare to Ixta a-Zihuatane'o � __ Y_ P _ P J _ � __ $1,500.001 _ _ $0.00 $1,500.00� --100`Yo_ _ Employee Exchange � $1,000.00� $0.00 $1,000.00 � 100% HumanJtarion/Fufure Progroms Wheelchair Project ___ _ I $S,ppp,pp� $0.00� $5,000.00 ' 100�0 Emer enc Vehicles Pro ram �� -+ � 9 Y 9 _. _� $2.500.00� _ $0.001 $2,500.00 1003� DIF Childcare Center Projects__ _�_ $1,000.00L___ $0.00� $1,000.00 100� ATV Patrol Vehicle $1,000.00� $0.00� $1,000.00� 10090 Life uard Trainin Pro ram: Zihuatane'o � -� t-- - - 9-- - 9 -9 --- 1- -- -J_ $2,500.001 $0.00 $2,500.00 . 1003'0 Mobile Medical Unit Shipping I $500.001 $0.00 -� _ I $500.00 100% -�---- -�------ Hosting Receptions T $500.00 $0.001 $500.00 100% Bombero/Firefighter Training & Related Expenses � $5,000 00� $130.24T-$4,869.76 97� Public RelaHons B PromoHon � Golf Carf Parade j $2,Q00.001 $0.00� $2,000.00 � 100� Newsletter - --- -- ------- ---- � - �-----I--- --- $1 A00� ---$O.OQ 1 _ $1,000.00 j _ 100�- - Updating of SC Display I $3,000.00 $0.00� $3,000.00 I �pp% GoifTournament Promotion � J$2,000.00� $0.001 $2,000.00 � 100� Relationship Building w/Media Contacis -{ $500.00 $O.00I--$500.00� 100� Website Development � $2 000. 0 $0.001 $2,000.00 � 100% --I---= �-- - �------- Reception Hosting ---- -- _� $2,500.00�_ _ $0.0�-_ $2.500.00 100�'0 -+------�- --- - Family Groups 8. Individual Hosting � $2,ppp.ppl $p.pp� $2,ppp.pp � �ppyo Miscellaneous Conferences: International � $3,500.00� $436.721 $3,063.28 � 88`Yo Conferences Southern California -�- $200.00 $0 00 $200.00 100� Conferences: U.S./Mexico � __L $d00.0p� $p,pp� � -- - - $400.00 100� ---�- - -- - Dues: Sister Cities Southern California l $100•001 $O.00f $100.00 100� Dues: Sister Cities International I $320.00r $0.00 , _ $320.00 100% Dues: U.S./Mexico Sister Cities � � - $200.00 $O.00I $200.00 I 100`Yo Receptions ! $1,000.00� $O.00I Gifts for Visitors / Recognition $1,000.00 ��"��'��-- �00`Y _ _ 1 _ � $0.00 � _ $1,000.00 I 100� Retreat � $500.00 $000 $500.� 100� Archive Maintenance Costs j $250.00 $0.00� -+ . . . . I I $250.00 i 100`�0 PROGRAM TOTALS $61,070.00 $566.9b $60,503.04 99� � � Adminishatfon Rent I $3,000.001 $0.00� $3,000.001 100Y Utilities � $2,500.00� $0.00 $2,500.00 100�'0 Professional Services � $19,000.00� $0.00� $19,000.00 100�0 Insurances T $S,OOO.00t $0.00� $8,000.00 100�'0 Capital Purchases - �- --�- � - - ____ _I $4,300.00� _ $0.001 $4,300.00I _ 100� _ S�pplies -�-- $2,000.001 -- $0.00� $2,000.00� 100� Postage ------ - I $2,000.00�_ $31.10~ $1,968.90�- 98� Licenses / Fees I $130.00� $0.00�- $130.00� 100�'0 ADMINISTRATION TOTAL $40,930.00 $31.10 $40,848.40 I I ' I FY 2006-2007 TOTAL �$102,000.00� � I Proposed Fundraisinfl Ravenue -t ($17,500.00� - j � Total Budyet Request (Total minus Revenue) �$84,500.00� � I --- Plus 2006 Golf Tournament Net Profit �$12,805.06 � -�- -�