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HomeMy WebLinkAboutContracts & Agreements_78-1997_CCv0001.pdf UNITED WAY OF THE EAST VALLEY MEMBER AGENCY AGREEMENT This Agreement is between Redlands..Recreation,.Department, hereinafter referred to as the "Agency," and United Way of the East Valley, hereinafter referred to as the "United Way". PART I -- GENERAL Our goal is voluntary compliance in the spirit of partnership. These policies apply to the Member and Affiliate member agencies of United Way of the East Valley only. Agencies which are members of other United Way organizations must follow the policies set forth by the individual organizations. Local agencies which are wholly or partially governed by a national, regional, or district office are responsible for maintenance and communication of this agreement with the appropriate governing body. Validations and appeals of this contract will be treated fairly, promptly and consistently with each agency of the United Way of tIte East Valley. The United Way is a unique partnership of donors, volunteers and participating agencies acting together in the community interest. This partnership is based upon mutual respect and understanding. The mission of the United Way is to increase the organized capacity of people to care for one another. This is accomplished by bringing together diverse elements of the community to raise and distribute community resources effectively and efficiently to meet health and human care needs. PART 11 -- BOTH THE UNITED WAY AND THE AGENCY WILL: A. GOVERNANCE 1. Maintain a strong and active Board of Directors, meeting at least quarterly, serving without pay, composed of a number of members compliant with agency Bylaws, none of whom shall be paid employees and all of whom shall serve on the board without compensation, holding regular meetings and participating actively in the policy making and hiring of management of the agency. Responsibilities include, but are not limited to: Agency budgets Personnel policies Agency goals, objectives and programs Community Relations B. NEEDS ASSESSMENT Produce a community needs assessment, to be funded by the United )xray, not less than every three years and not snore than every Five years. The agencies will provide pertinent data and in return will receive a copy of the completed report. C. PUBLIC INFORMATION 1. Actively promote each other, to educate the public, and to cooperate in good faith to bring about the stated mission of the United Way. 2. Work to promote visibility of the United Way in the community. This will include, but not be limited to, the use of the United Way's logo, name, slogans, etc. on: Letterhead Public Service Announcements Advertisements (written/verbal) Brochures Flyers/Announcements Media Releases Fund Raising Materials D. FINANCIAL 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. 2. Maintain comprehensive and accurate Financial records in conformance with the generally accepted accounting practices for not-for-profit organizations as determined by the Financial Accounting Standards Board 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 a certified public accountant. As a minimum, these shall be based upon the annual allocation amount received by the agency from the United Way as follows: $1 - $4,999 for compilation $5,000 - $29,999 for review $30,000+ for audit 3. Respond to the Auditing Standards Board's recommendation to have the Board of Directors appoint an audit/finance committee whose duties would be to combine audit and Financial oversight responsibilities and directly serve and retain an independent auditor's report through the audit/finance committee. 4. Recognize that dues and fair share quota payments to national or state affiliations may be included in budgets. 5. Recognize that each may set up reasonable reserves from the surplus of prior years, which will be reviewed annually during the allocations process. 6. Provide such insurance coverage as may be appropriate for their own operations. 7. Recognize the right of each to seek gifts of endowment funds, bequests, real estate, property and trust funds. Page 2 E. NON-DISCRIMINATION 1. 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. F. IMPLEMENTATION OF AGREEMENT 1. Operate within the spirit and conditions of this Agreement. 2. Assure that new board members and committee chairs of both organizations are informed of the contents of this Agreement and any addenda thereto. 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 -- THE UNITED WAY WILL. A. FUNDRAISING 1. Conduct an annual campaign for operating funds, setting the campaign goal with consideration for the financial needs of the agencies and the long-range success of United Way. 2. Respect Agencies' need to raise funds and avoid undue competition. B. FUND DISTRIBUTION 1. Allocate United Way financial support to Agencies through a process conducted by the volunteer Admissions and Allocations Committee and approved by the United Way Board 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. 4. Pay periodic installments on a mutually accepted basis to the Agencies, based on their specific approved allocations, 5. Provide Agencies with schedule of required reports. Page 3 C. COMMUNITY/AGENCY RELATIONS 1. Establish and maintain an effective communication system that: Rallies community support and commitment for United Way Promotes the benefits and needs of participating voluntary agencies Fosters the development and growth of voluntarism 2. Open up a Request for Proposal (RFP) process to all Agencies if a need arises in the community that is not being met and for which United Way funds become available. 3. Host periodic gatherings of Agency board presidents to discuss items of mutual interest and concern. D. ASSISTANCE 1. Assist the agencies with collaborative joint program ventures and/or fundraising campaigns. 2. Assist the Agency in every way possible to ensure the success of the Agencies' work in the community. E. AUTONOMY 1. Respect the Agencies' autonomy in determining its own policies and procedures within the scope of this agreement. PART IV -- THE AGENCY WILL: A. ALLOCATIONS AND FUND DISTRIBUTION 1. Submit annual United Way budget forms and funding requests completely and accurately to the United Way by the required due date. 2. Include the United Way of the East Valley in all mailings of Board meeting notifications, board minutes and financial statements. 3. Submit monthly beneficiary statistics reports and annual client employer information and otlocal her special reports that will help the United Way improve and fulfill its capacity to help meet 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; reflect reduced funding or to provide for income c) Change Agency operations appropriately to from other sources; d) Work with United Way for new solutions; Page 4 ch uests tloans, grants or advancement of regular allocations be accompanied byua resolution e) Request emergency of will be submitted to ltheof he AgUnited ency directors aDt�a duly constituted meeting of the Agency board. approved by a majority g B. FUNDRAISING I, Coordinate supplemental fund raising with the United Way by: ers ca ital fund reque a} g Providin a list for review, along with annual funding he budget of �ear�Include name,�dae(s), campaigns, and special dvnetsto be revenue�nducted during and estimated gross ing es not b) Notifying in the United Way at least 30 days in advance of fund ions to joinanyotherrfundi jraising previously listed in the funding request or of your intent federation. C) Communicating and collaborating with other agencies, the local media, the targeted -promote community, and United Way to ensure all fund raising events a e co. The Unitedtimed y appropriately and resources are leveraged on behalf of the event an agency n promotion by including agency events in a community calendar and other will assist i promotional materials. ay out the year, agencies are encouraged to promote the refrain from promoting nation d) Through Y program and agency partnership. However, agencies a nations solely to any one particular organization and are asked not to conduct negative designations campaigns against the United Way or other agencies. grity of e) Promotional materials shall be positive in their support to maintaandthma�rials used dthn community-wide campaign. All events shall acknowledge United letters of Way's support to the agency connection with fund raising eve nd a statement similar to the following: including the United Way logo a ted �� Recreation Department receives an annual allocatianfrom for your lsupportytof the our Redlands East Valley through its volunteer citizen review process. Thanks agency through the United Way 2. Dark Period that the United Way fund raising campaign takes place a-cshall refrain fryear fromom he A. Recognizeagencies I throw h November 30• During this "dark period member following fund raising activities: 1. Member or affiliate member agencies will refrain from sllcampaigns, foundations, the Financial donations. This includes dor donatict ons fo tionp�of Financial donations. underwriting of costs for events, Page 5 2. Agencies will not conduct fund raising drives at companies, businesses, government offices, public schools, or health care facilities. This includes covertly or dipesrectand dily sendirectng letters of appeal for monetary gifts, or designations of United Way pled , financial donations. ' reffrom direct mail and/or door-to- 3. Member and Affiliate Member agencies orll red financial donations. This includes door, and/or phone solicitation of direct pledg the influence of designations. A ....... 92305 92318 92320 92339 92346 92354 92359 92373 92374 92375 92399 B. Penalties - In addition to Part V -- Special Provisions, Section B, Grievances, violations of Part IV, B, #2A - 1, 2, 3, will result in the following non-compliance penalties: First: The first occurrence will result in a letter from the UWEV Board President to the Agency CPO (Executive Director) and CVO (Board President) outlining the violation and consequences. Second:The second occurrence of non-compliance will result in immediate forfeiture of one quarter (25%) of the agencies total allocated dollars for one year beginning with the next scheduled allocation payment and continuing for an additional 11 allocation disbursements. Verbal notification of this action will occur within one month from the date of the violation by the UWEV Board President. Written notification will also be provided. Third: The third occurrence of non-compliance will result in decertification of the agency at the end of the UWEV current Fiscal year (June 30) written and verbal notification along with duplicate copies of all correspondence including the signed aency agreement willency. be forwarded to the Chief Professional Officer and the Chief Volunteger Officer of the ag Donations that have been designated to the agency for the current funding cycle will be promptly forwarded to the agency. NOTE: Non-compliance violations will be cumulative, not on an annual basis. 3. Assist the United Way in planning, conducting, and promoting the annuastaff and otherl fund raising campaign. Such assistance includes working through the agency Board of Directors, appropriate constituent groups to offer and implement a solicitation campaign. 4. Provide agency resources where requested: volunteers to work as camPaign scitors* including er possible; assistance in providing quality, olid ed representatives to speak Loaned Executives,whenever s bureau; the accommodation of visits and tours on behalf of the agency through the UWEV speaker ces, UWEV functions and agency by interested parties or groups; participation in public appearan its. Page 6 the United Way in planning, conducting and promoting the United Way campaign. Such 5. Assist de, but not be limited to, solicitation of the Agency board by its president for assistance will inclu ember; provision of Aency volunteers to work as "fair share" participation by each boEd in motives, whenever possible;gand the provision of Agency campaign solicitors, including Loaned xe speakers and Agency tours. C. PARTICIPATION-.I. utive or designee will participate in the activities of the Agency Assure that the Agency exec Executives Association. PART V SPECIAL PROVISIONS A. CHANGES United Way promptly in writing of significant operational 1. The Agency is obligated to notify changes. These changes include but are not limited to: Changes of Executive Director or President Change in names and number of Directors of Agency Board Financial crises Change in location(s) of services which allocations have been awarded. Inabilities to provide services for w B. GRIEVANCES ith the terms specified above, a v to this Agreement fails to perform in accordance w w thin fifteen (15) 1. if either part, n attendance will be conducted by the United Way hearing with both parties i days of written notification. from the action mme iathe2. In the event of dissatisfaction resultinqp, oint a coittee of their respective Board of orpresident of United Way and Agency will app'on of such issues. Issues not by such Directors to meet and jointly work toward resolution one committee shall be referred to and ngtedofficer of United Way. a third personmutually acceptable to both United Way and designated officer of Agency,Agency. The majority vote of such committeeI shall be binding upon both organizations. C. TERMINATION notice must be given to the other party if the Board of Directors of either 1. Thirty (30) days written party to this agreement decides to terminate it. funds allocated to the iare no longer provided by the Agee ,2. Upon termination, if funded servces n to other member agencies. Iis mutually agreed that the Agency will be available for reallocatio terminated Agency should continue funded services, United Way will complete the appropriate allocation payments for the allocation year. Page 7 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 followed by the appropriate grievance procedure; 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 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 1. it is mutually agreed that upon the approval by the United Way and Redlands Recreation Department, that this agency agreement shall be effective as of 1 July 1997, and shall be effective for one year or until thirty (30) days subsequent to the time of one parties notification to the other of its desire to terminate. 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 and shall be signed by both parties prior to the first agency allocation payment for the year. 3. This Agreement, having been read and approved at a meeting of the governing board of the participating voluntary Agency, shall be binding on the parties and executed as of July 1, 1997. United Way of the East Valley CITY OF REDLANDS UNITED WAY NAME \1 -114)ncy Doss, President Swen Larson, Mayor ATTES __L --- 'St*— �rk an Shankland, Executive Director Lorrie boy r, Ci September 2, 1997 DATE DATE vAjjwjWt\agrncy,\contract 1997Agency/Lm Agrrment