HomeMy WebLinkAboutContracts & Agreements_14-1991_CCv0001.pdf UNITED WAY OF REDLANDS AREA
FR AGENCY A!9999UNT
This Agreement is between ci:y Q edlands hereinafter
referred to as "the Agency", and United, Way of kedlands Area,
hereinafter referred to a "United Way" .
PART I --- GENERAL
A. Philgsophy. Spirit and Scope
1. The voluntary Agency is an integral part of our American
culture and way of life. It is the organized instrument
through which our concern for our neighbor and the well-
being of our community is effectively translated into
organized programs for meeting human needs.
. The United Way is a unique partnership of donors,
volunteers, and participating voluntary agencies acting
together in the community interest. This partnership i
based on mutual respect and understanding.
3. The United Way's principal objective is to mobilize the
monetary and volunteer resources of the community to
solve problems and to enhance the ability of voluntary
agencies to meet human needs. The decision of an Agency
to affiliate with the United Way is an acknowledgement
by that Agency of its role in the total voluntary system,
its interdependence and relationship with other agencies,
and its responsibility to the total field of human
service, as well as to its own purposes and constituency.
The goal of maintaining a rational.,, integrated system of
human services, based on a baylAnce of needs and
resources, requires thoughtful consideration and
integrated planning by voluntary = agencies working
together through United Way.
4 . Agencies joining United Way support the most effective
way to reduce the number of fundraising campaigns in the
community, to achieve the broadest possible participation
of businesses and individuals in the support of human
service programs, and to ensure responsible stewardship
for contributed funds.
5. Agency income-producing activities will continue to be
necessary as a means of assisting Agency growth and as
a means of enabling individual contributors to express
a special interest in the work of a given Agency.
However, it is recognized that such activities must be
conducted: under rules which are understood by, and
acceptable to, the businesses and individuals which
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support the United Way with campaign contributions and
volunteer services. Such rules and laid out in the
following provisions.
L4gT 11 -- pOTJ TUM UN D WAX &VP THE AGENC WI
A. Governance
1# Maintain a strong and active Board of Directors, meeting
at'least quarterly, serving without pay, responsible for
managing its affairs within the scope and spirit of this
Agreement, including the determination of its programs,
services, administrative policies, revisions and
adjustments in its operating budget and its
administration in accordance with established policies
in the mutual interest.
B. Planning and Cggpera_tion
. Assess on a continuing basis the need for health and
human service programs, seeking solutions to these
problems and assisting in the development of new or the
expansion or modification of existing programs; and
foster cooperation among local, state, and national
agencies serving the community.
C. PMb� %c Information
1. Use their best efforts to promote each other, to educate
the contributing public, and to cooperate in good faith
to bring about the stated goals and purposes of this
Agreement.
2 . Strive to increase the public's understanding,
appreciation of, and participation in, health and human
service programs so as to achieve support for sound,
acceptable, effective, and economical community policies
and services,
3. Mutually identify the affiliation we share. Agencies
will identify their United Way connection by including
the United Way log: and the words "A United Way Agency"
on their stationery, brochures, and all published
materials whenever possible.. United Way will identify
its agencies on United Way letterhead and campaign
materials.
D. Einancial Responsibility
1. Assure that the nature of the organization and its
operations shall be conducted in such a manner as to
preserve its status as a non-profit organization to which
contributions are deductible for state and federal. .income
tax purposes.
. Maintain comprehensive and accurate financial records in
conformation with "Accounting and Financial Reporting -
A Guide for United Ways and Not-For-Prof it Duman Service
Organizations", which represents the most current
thinking under consideration by the American Institute
of Certified Public Accountants {AICPA} and the Financial
Accounting Standards Board (FASB) and maintain a. high
level of accountability for contributed funds with
respect to their administration and their program use by
having an annual audit, review or compilation by an
independent auditor.
. Respond to the Auditing Standards Board's recommendation
to have the Beard of Directors appoint an audit/finance
committee whose duties would be to combine audit as well
as financial oversight responsibilities; secure and
retain an independent auditor, and directly receive the
auditor's report through the audit/finance committee.
4. Recognize that dues and fair share quota payments to
national or state affiliations may properly be included
in budgets.
. Recognize that each may set up reasonable operating
reserves from the surplus of prior years.
6. Provide such insurance coverage as may be appropriate for
their own operations but, as a minimum, Directors and
Officers Liability Insurance and financial liability
bonds for employees responsible for handling funds must
be provided.
7. Recognize the right of each to seek gifts of endowment
funds, bequests, real estate, property and trust funds.
F. Non-Discrimipation
1 . Assure that services will be available to all those in
the area eligible to receive them within the limits of
facilities and finances unless otherwise agreed upon; and
that` there will be no discrimination of services based
on race, creed, sex, religion, age, or physical handicap.
2 . Agree that a positive, non-discriminatory policy
statement will be maintained which is at least consistent
with federal and state governmental regulations and that
service, employment or board membership will not be
denied to any person due to race, creed, sex, religion,
age, or physical handicap.
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F. jMlg=n:tation of ASX:eement
1. Operate within the spirit and conditions of this
Agreement.
2. Assure that new board members and committee chairmen of
both organizations are informed of the contents of this
Agreement and any addenda thereto, so that they may be
aware of the fundamental relationships between thet two
parties. I I#
3 . Assure that each party to this Agreement will keep the
other informed of all matters of common concern and will
consider and negotiate the settlement of problems which
may arise.
4. Assure that unique matters concerning one Agency or one
type of Agency are dealt with by specific addenda that
are consistent with the spirit and provision of this
Agreement.
PART III -- ,TLIX AggLNgX !TILL.
A. Allocations and Fund QigitjZjL)ut-iQD
1. Submit annual United Way budget forms and funding
requests to the United Way by January 31st of each year.
2. submit periodic financial and program participation
reports to the United Way,
3 . Submit additional informational or special reports that
will help the United Way improve and fulfill its capacity
to help meet local needs.
4. Accept the United Way allocation and budget process and
recognize that when allocations are made it can:
a) accept the allocation amount;
b) , appeal the allocation amount;
C) change Agency operations appropriately to reflect
reduced funding or to provide for income from other
sources;
d) work with United Way for new solutions;
e) have the right to request emergency loans, grants
or advancement of regular allocations at any time.
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Such request will be submitted to the United Way
and of Directors and will be accompanied by a
resolution approved by a majority of the Agency
directors at a duly constituted meeting of the
Agency board.
B. Egndraising
1. Cqordinate AU supplemental fundraising with the United
Way by: F
a) providing a list at budget time of known and planned
fundraisers to be conducted during the budget year,
including estimated gross and net revenues;
b) notifying United Way at least thirty (30) days in
advance of new fundraising opportunities not
previously identified;
NOTE: Emergency fundraisers may be excepted from
the thirty (30) day notice requirement.
C) working with the United Way to ensure all
fundraising events are "profitable" enough for the
Agency, whether in terms of net revenue or
presenting a positive public image.
2 . Not conduct fundraising activities during the United Way
campaign period (September 1 through Thanksgiving Day) .
3 . Not join any competing or conflicting federated
fundraising organization without prior approval from the
United Way.
4 . Coordinate the timing of all capital fundraising
campaigns with the United Way.
5. Assist the United Way in planning, conducting and
promoting the United Way campaign. Such assistance will
include, but not be limited to, solicitation of the
Agency board by its president for "fair share"
participation by each board member; provision of Agency
volunteers to work as campaign solicitors including
Loaned Executives, whenever possible; and the provision
of Agency speakers and Agency tours.
C. EArtigiRAtign
1. Assure that the Agency executive will participate in the
activities of the Agency Executives Association.
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MT ly -- THE MEXT99 nx KILL
A. Eundraisim
1. Conduct an annual campaign for operating funds, setting
the campaign goal with consideration for the financial
needs of the agencies, the economic climate of the
community, and the long-range success of United Way.
B. EAnd- Distrihgtjon
1. Allocate United Way financial support to participating
voluntary agencies through a thoughtful and fair process
conducted by volunteer admissions and allocations
committees and approved by the United Way and of
Directors.
2 . Provide an Agency appeal process.
3 . Consider and take action upon all Agency requests for
grants or loans over and above regular allocation
payments.
C. Financial
1. Pay periodic installments on a mutually accepted basis
to ' the Agency, based on its specific, approved
allocation. To deal equitably with the financial needs
of the Agency and to see that funds contributed to the
United Way campaign are used in the best interests of the
community.
D. gommunicatigns
1. Muster community support and commitment for United Way,
the participating voluntary agencies, and the voluntary
sector through a systematic communications program which
both speaks and listens to the community.
E. Assistance
1. Assist the Agency in every way possible to ensure the
success of the Agency's work in the community.
F. Autonomy
1. Recognize the responsibility of the Agency, through its
governing body, to determine its own policies and manage
its own programs within the scope and spirit of this
Agreement.
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G. participation
1. Host periodic gatherings of Agency board presidents to
discuss items of mutual interest.
kA_RT V -- §RggJ_AL
A. Changes
1.
1. The Agency has a responsibility to promptly notify United
Way regarding any operational changes of a significant
nature which may have an effect upon the conditions
agreed to in this document or upon the United Way/Agency
Relationship in general.
2. If, at any time during the life of this Agreement, it
becomes necessary to change the scope of the services to
be provided by this Agreement, the time period of the
Agreement, or the amount of money being agreed upon by
and between the Agency and United Way, shall be effective
when incorporated in written amendments to this
Agreement.
B. grigyances
1. If either party to this Agreement fails to perform in
accordance with the terms specified above, a hearing with
both parties in attendance will be conducted by the
United Way within fifteen (15) days of written
notification.
2. In the event of dissatisfaction resulting from the
interpretations made necessary by the application of the
terms of this� Agreement, then the chairman or president
of United Way and Agency will appoint a committee of
their respective Board of Directors to meet and jointly
work toward resolution of such issues. Issues not
resolved by such committee shall be referred to a
committee consisting of one designated officer of United
Way, one designated officer of Agency, and a third person
mutually acceptable to both United Way and Agency
corporate presidents and chairmen of the boards. The
majority vote of such committee shall be binding upon
both organizations.
C. Termination
1. The results of this hearing will be reported to the
United Way Board of Directors at its next regular
meeting. If, after appropriate hearing(s) , the and of
Directors of either party to this Agreement decides to
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terminate it, thirty (30) days written notice must be
given to the other party.
2. Upon termination, if funded services are no longer
provided by the Agency, funds allocated to the Agency
will be available for re-allocation. If it is mutually
agreed that the terminated Agency should continue funded
services, United Way will complete the appropriate
allocation payments for the allocation year.
3 . United Way shall have a right, to terminate this Agreement
and funding of the Agency in the event of an occurrence
of any of the following conditions:
a) a breach of this Agreement by the Agency;
b) failure of the Agency to maintain management, fiscal
and/or service delivery intent and standards as
agreed to in this Agreement;
C) failure by the Agency to demonstrate that United Way
support is significant and essential for continued
support of a program funded in whole or in part by
United Way;
d) determination by United Way that the program funded
in whole or in part by United Way no longer provides
a service(s) appropriate for United Way support or
no longer is responding to the priorities
established by United Way.
D. Effective
I. It is mutually agreed that upon the approval by the
United Way and .. City of Redlands (name
of Agency) , this memorandum of understanding shall be
effective as of July 1, 1991 — (date) , and
shall be effective for one year or until thirty (30) days
subsequent to the time one of the parties shall notify
the other, in writing, of its desire to terminate,
modify, amend or change the same.
2 . The United Way shall submit a copy of this Agreement to
the Agency at the beginning of each fiscal year. Signing
of the Agreement annually shall be part of the minutes
of a regular meeting of the Agency's Board of Directors.
3 . This Agreement, having been read and approved at a
meeting of the governing board of the participating
voluntary Agency, is executed as of:
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r
CITY OF REDLANDS Unit- d Way of R dlands An a
AGENCY NAM UNII�Eb WAY NAME
v
f
{, YOLLTN EER OFFICER
T
CITY 73EREF P {}FESSZC}NAL C}FFZCER
April 2 , !99I �
(DATE) (DALE)
CHIEF PROFESSIONAL, OFFICER
DATE ;;
JR_ADjTI99ALZgNAgQNAL gM=RAISERS
The following "traditional" and/or "seasonal" fund-raisers are
excluded from the prohibition on fund-raising during the United Way
campaign period that is imposed by paragraph B2, Part III, of the
Member Agency Agreement between the United Way of Redlands Area and
participating agencies for the period 1 July 1990 through 30 _June
1991:
Girl Scout Calendar Sale
YWCA Redlands Home Tour Ticket Sales and Greens
Citrus Sales.
American Red Cross Annual Fall Bazaar
The Salvation Army Christmas Mail Appeal and
Christmas Kettle
Attachment 1 to UWRA/Agency Agreement
7/l/90
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