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AGREEMENT BY NON-PROFIT ORGANIZATION
TO PROVIDE SERVICES TO THE CITY OF PALM DESERT
Fiscal Year 2���r200�
This Agreement is made and entered into this ��t day of 3uiy, 20Q7, 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
2007-2008 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
20(!7-�fl�� Fiscal Year.
C. Financial Reporting: Any contractor receiving or due to receive $20,000.00
or more from the City during the 2007-2008 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
.9�r�c�ary 31, 2Q08.
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 2007-2p0�, 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 untit 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
2007-2008 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, 200?
and continue in effect until June 30, 2008, 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, 2003.
5. UNILATERAL TERMINATION: Despite the provisions that this contract shall be
in force until June 30, 2008, 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 shafl 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
2007-2008 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
2007-2008 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 pa�t 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
2007-2008 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.
6
2007-2008 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:
«�ir�t�lamp» <cLa�tName»
«�ornpar�y»
{I��S.�r��.7� 1))
!S;�C�CIt"E'S��'.s•
<tCiky», «�tatc,» «PostalCode»
�i'�:l���#�ane: i��. �_..__� �_______.M.._----
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their
respective authorized officers, effective as of.lzlly 1, 2QQ7.
CONTRACTOR: CITY OF PALM DESERT
a Municipal Corporation
Executive Director Mayor
Print Name Print Name
ATTEST:
Rachelle D. Klassen, City Clerk
APPROVED AS TO FORM: APPROVED:
7
2007-2008 Agreement by Non-Profit Organization
to Provide Services to the City of Palm Desert
David J. Erwin, City Attorney Carlos L. Ortega, City Manager
State of California
County of Riverside
On , before me, ,
Date 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
$
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 2fl07-
2U�$, dated Ju1y �, 2007, 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
$d(��Y�ti�UI�t9? to Contractor for Fiscal Year 2007-200E.
9
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, 20�8)
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 Jt�l�r 1, 2007.
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, 200"l
to December 31, 2f}07.
This report, herein by reference as Schedule B, shall after being completed be
returned to the City of Palm Desert, no later than Januar� 31, 2008.
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
Telephone:
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, 20Q8)
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,
�t?t7I.
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, 2C!;?7
to June 30, 1;?!�°.
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, 2008.
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
Telephone:
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 , 2001, 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
CITY OF PALM DESERT
OUTSIDE AGENCY FUNDING COMMITTEE
MINUTES
Friday, March 30, 2007
I. CALL TO ORDER
Chairman Gibson called the meeting to order at 10:07 a.m.
II. ROLL CALL
The meeting was attended by the following members: Mayor Richard S. Kelly, Mayor
Pro-Tempore Jean Benson, City Manager Carlos L. Ortega, Finance Director Paul S.
Gibson, and Director of Special Programs Frankie Riddle.
III. APPROVAL OF MINUTES
The minutes of the March 16, 2006 meeting were approved as submitted. Member
Benson abstained.
IV. ORAL COMMUNICATION
Chairman Gibson noted that an application had been received from the Montessori
School of the Desert. In order to be considered, the application should be added to the
agenda. The Committee voted unanimously to add this item to the agenda under
Section Vi, B.
V. OLD BUSINESS
None.
VI. NEW BUSINESS
A. Reqional Access Proiect (RAP) Fundinq
No report.
B. Requests for Outside Aqencv Fundinq
SCHOOLS
1. Lincoln School Parent Teacher Club
It was the consensus of the Committee that the applicant be approved
their request for funding, in part, in the amount of 5 000. (Original
request$7,000)
2. Palm Desert Hiqh School Foundation
It was the consensus of the Committee that the applicant be approved
their request for funding, in part, in the amount of 10 000. (Original
request$15,000)
MINUTES - OUTSIDE AGENCY FUNDING COMMITTEE Page 2
Meeting of March 30, 2007
3. Palm Desert Middle School PTO
It was the consensus of the Committee that the applicant be approved
their request for funding, in part, in the amount of 7 500. (Original
request $15,000)
It was noted that although there were several schools who had not
submitted an application before the deadline, funds should be set aside
and contact established to obtain an application so that funds may be
disbursed.
OUTSIDE AGENCIES
1. ABC Recovery Center, Inc.
It was the consensus of the Committee that the applicant be denied their
request for funding.
2. American Friends of our Armed Forces
It was the consensus of the Committee that the applicant be denied their
request for funding.
3. American Red Cross
It was the consensus of the Committee that the applicant be approved
their request for funding, in part, in the amount of 25 000. (Original
request $50,000)
4. Anqel View Crippled Children's Foundation, Inc.
It was the consensus of the Committee that the applicant be approved
their request for funding, in part, in the amount of 10 000. (Original
request $20,000)
5. Animal Samaritans
It was the consensus of the Committee that the applicant be approved
their request for funding, in full, in the amount of 10 000, with the
condition that the funds be used for spaying and neutering procedures.
6. Assistance Leaque of Palm Sprinps Desert Area
It was the consensus of the Committee that the applicant be denied their
request for funding.
7. Cal State San Bernardino Palm Desert Campus
It was the consensus of the Committee that the applicant be denied their
request for funding.
8. Children's Discovery Museum of the Desert (2 requests)
It was the consensus of the Committee that the applicant be approved
their Request No. 1 for funding, in full, in the amount of 10 000.
It was the consensus of the Committee that the applicant be approved
their Request No. 2 for funding, in part, in the amount of 500 000 from
the General Fund Reserve. (Original request $2 million)
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Meeting of March 30, 2007
9. Coachella Vallev Historical Societv
It was the consensus of the Committee that the applicant be denied their
request for funding.
10. Coachella Vallev SvmphonY/Buddv Roqers Youth Svmphony
It was the consensus of the Committee that the applicant be denied their
request for funding.
11. Community Blood Bank
It was the consensus of the Committee that the applicant be approved
their request for funding, in part, in the amount of 10 000. (Original
request $12,000)
12. Desert Samaritans for the Elderlv
It was the consensus of the Committee that the applicant be denied their
request for funding.
13. Eisenhower Medical Center
It was the consensus of the Committee that the applicant be approved
their request for funding, in part, in the amount of 5 million from the
General Fund Reserve. (Original request $7 million)
14. Familv YMCA of the Desert
It was the consensus of the Committee that the applicant be approved
their request for funding, in part, in the amount of 50 000. (Original
request $95,500). It was also recommended that the pending agreement
should be finalized prior to disbursement of funds.
15. Family YMCA of the Desert—Jean Benson Childcare
It was the consensus of the Committee that the applicant be approved
their request for funding, in full, in the amount of 40 000.
16. FIND Food Bank
It was the consensus of the Committee that the applicant be denied their
request for funding, but instead determine a vehicle that could be donated
to the organization.
17. Foundation for the Retarded of the Desert
It was the consensus of the Committee that the applicant be approved
their request for funding in the amount of 24 500. (Original request
$4,780)
18. Friends of the Cultural Center, Inc. (McCallum Theatre)
It was the consensus of the Committee that the applicant be approved
their request for funding, in part, in the amount of 75 000. (Original
request $100,000)
19. Friends of the Desert Mountains
It was the consensus of the Committee that the applicant be approved
their request for funding, in full, in the amount of 11 000.
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Meeting of March 30, 2007
20. Historical Societv of Palm Desert
It was the consensus of the Committee that the applicant be approved
their request for funding, in part, in the amount of 40 000. (Original
request $68,974). It was also recommended that this item be forwarded
to the Redevelopment Agency to determine the feasibility of a new
building for the organization at the Entrada del Paseo site.
21. Jewish Familv Services of the Desert, Inc.
It was the consensus of the Committee that the applicant be denied their
request for funding.
22. National Junior Tennis League of the Coachella Vallev
It was the consensus of the Committee that the applicant be denied their
request for funding.
23. Palm Desert Chamber of Commerce
It was the consensus of the Committee that the applicant be approved
their request for funding, in full, in the amount of 35 000.
24. Palm Desert Sister Cities Foundation
It was the consensus of the Committee that the applicant be approved
their request for funding, in full, in the amount of 74 690.
25. Palm Desert Youth Sports, Inc.
lt was the consensus of the Committee that the applicant be denied their
request for funding.
26. Riverside County Latino Commission
It was the consensus of the Committee that the applicant be denied their
request for funding.
27. RSVP
It was the consensus of the Committee that the applicant be approved
their request for funding, in part, in the amount of 11 500. (Original
request $13,300)
28. S.C.R.A.P. Gallery
It was the consensus of the Committee that the applicant be approved
their request for funding, in full, in the amount of 15 000.
29. Shelter from the Storm, Inc.
It was the consensus of the Committee that the applicant be approved
their request for funding in an amount of $1,000 per Palm Desert
resident serviced, up to $75,000. A use survery similar to that for
CDBG funds should be used to determine funding.
30. Ranch Recovery Centers, Inc.
It was the consensus of the Committee that the applicant be denied their
request for funding.
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Meeting of March 30, 2007
31. Visitinq Nurses Association
It was the consensus of the Committee that the applicant be approved
their request for funding, in part, in the amount of 15 000. (Original
request $25,000)
32. Montessori School of the Desert
It was the consensus of the Committee that the applicant be denied their
request for funding.
VII. CONTINUED BUSINESS
None.
VIII. REPORTS AND REMARKS
None.
IX. NEXT MEETING DATE —To be determined.
X. ADJOURNMENT
The meeting was adjoumed at 12:35 p.m. by Committee consensus.
Niamh Ortega, Recording Secretary