:
O. Any available insurance proceeds broader than, or in excess of, the specified minim insurance requirements and/or limits shall be available to the additional insureds.
Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement.
ARTICLE XXVI - OWNERSHIP OF DATA
Upon completion of all work under this Agreement, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this greement Will automatically be vested in City; and no further agreement will br lecessary to transfer ownership to CITY. CONSULTANT shall furnish CITY al necessary copies of data needed to complete the review and approval process.
B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for use in the construction of the project for which this Agreement has been entered into.
C. CONSULTANT is not liable for claims, liabilities, or losses arising out of, :
or connected with the modification, or misuse by CITY of the machine-readable information and data provided by CONSULTANT under this Agreement; further, CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by CITY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by CONSULTANT.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).
E. CITY may permit copyrighting reports or other agreement products. If copynghts are permitted; the agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXVII - CLAIMS FILED BY CITY's CONSTRUCTION
CONTRACTOR
A. If claims are filed by CITY's construction contractor relating to work performed by CONSULTANT's personnel, and additional information or assistance from CONSULTANT's personnel is required in order to evaluate or defend against such claims; CONSULIANT agrees to make its personnel available for consultation with CITY'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
CONSULTANT's personnel that CITY considers essential to assist in this Agreement.
Services of CONSULTANT's personnel in connection with CITY's resolve the construction claims.
ARTICLE XXVIII - CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY's operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this Agreement, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the Agreement, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
C.. CONSULTANT shall not comment publicly to the press or any other media regarding the Agreement or CITY's actions on the same, except to CITY's staff, CONSULTANT's own personnel involved in the performance of this Agreement, at public hearings or in response to questions from a Legislative committee.
D CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by CITY, and receipt of CITY's written permission.
E Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Article.
F. All information related to the construction estimate is confidential and shall not be disclosed by CONSULTANT to any entity other than CITY.
ARTICLE XXIX - NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under penalty of perjury that no more than one final un-appealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT's failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
ARTICLE XXX - EVALUATION OF CONSULTANT
CONSULȚANT's performance will be evaluated by CITY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the contract record.
ARTICLE XXXI - RETENTION OF FUNDS
A. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.
the prime consultant. Retaile with pla by consiganco from ponges s is pent duc and no retainage will be held by the prime consultant from progress due sub-consultants.
Any violation of this provision shall subject the violating prime consultant or sub- consultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or sub-consultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient sub-consultant performance, or noncompliance by a sub-consultant. This provision applies to both DBE and non-DBE prime consultants and sub-consultants.
C. No retainage will be held by the Agency from progress payments due the prime consultant. Any retainage held by the prime consultant or sub-consultants from progress payments due sub-consultants shall be promptly paid in full to sub-consultants within 30 days after the sub-consultant's work is satisfactorily completed. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the Agency's prior written approval. Any violation of this provision shall subject the violating prime consultant or sub-consultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or sub-consultant in the event of a dispute involving late payment or nonpayment by the prime consultant, deficient sub-consultant performance, or noncompliance by a sub-consultant. This provision applies to both DBE and non-DBE prime consultant and sub-consultants.
The Agency shall hold retainage from the prime consultant and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime consultant based on these acceptances.
The prime consultant, or sub-consultant, shall return all monies withheld in retention from . a sub-consultant within thirty (30) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over thirty (30) days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating
prime consultant or sub-consultant to the penalties, sanctions and other remedies specified n Section 7108.5 ot the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime consultant or sub-consultant in the event of a dispute involving late payment or nonpayment by the prime Consultant, deficient sub-consultant performance, or noncompliance by a sub-consultant. This provision applies to both DBE and non-DBE prime consultant and sub-consultants.
ARTICLE XXXII - INDEPENDENT CONTRACTOR
CONSULTANT will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CONSULTANT as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and CONSULTANT.
ARTICLE XXXIII - INDEMNIFICATION
A. To the full extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend CITY, its elected officials, officers, agents, employees, attomneys, servants, volunteers, successors and assigns from and against any claims, demands, causes of action, liability, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any actual or alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, agents, sub-consultants, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.
The parties understand and agree that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
B. CONSULTANT's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or Similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns.
C. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every sub-consultant, subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations for the benefit of CITY, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any actual or alleged,
intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.
D. CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONSULTANT agrees that CONSULTANT'S covenant under this Section shall survive the termination of this Agreement.
ARTICLE XXXIV - MUTUAL COOPERATION
A. CITY shall provide CONSULTANT with all pertinent data, documents and other requested information as is reasonably available for the proper performance of CONSULTANT's services.
B. In the event any claim or action is brought against CITY relating to CONSULTANT's performance in connection with this Agreement, CONSULTANT shall render any reasonable assistance that CITY may require. •
ARTICLE XXXV - FORCE MAJEURE
CONSULTANT shall not be liable for any failure to perform if CONSULTANT presents acceptable evidence, in CITY's sole judgment that such failure was due to causes beyond the control, and without the fault or negligence of CONSULTANT. •
ARTICLE XXXVI - NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed ceived on: (a) the day of delivery if delivered by hand or overnight courier servic in CONSULTs and Is regular business hours )n the the
business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY: Ifto CONSULTANT:
Attn: City Manager Attn: Randy Wasnick, CEO
909 W. Visalia Rd. 324 S. Santa Fe St.
Farmersville, CA 93223 Visalia, CA 93292
Telephone: (559) 747-0458 Telephone: 559-802-3052
ARTICLE XXXVII - PROHIBITION AGAINST ASSIGNMENT
CONSULTANT shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.
ARTICLE XXXVIII - ATTORNEY'S FEES
In the event that CITY or CONSULTANT commences any legal action or proceeding to nforce or interpret the provisions of this Agreement, the prevailing party shall be entitler o recover its costs of suit, including reasonable attorney's fee
ARTICLE XXXIX - ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between CITY and CONSULTANT with respect to the subiect matter herein.
No other prior oral or written agreements are binding on the parties. Any modificatior of this Agreement will be effective only if it is in writing and executed by CITY anc CONSULTANT.
ARTICLE XXXX - GOVERNING LAW; JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Tulare County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California.
ARTICLE XXXXI - SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such a
manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
ARTICLE XXXXII - CAPTIONS
The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
ARTICLE XXXXIII - EXECUTION
Thim Agreemental, bel of ted in when taken togete shai conside onlind shall bef ame instrument.
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
CITY OF FARMERSVILLE CONSULTANT:
Jennifer Gomez Matthew Ainley, PE
• City Manager Principal Engineer
ATTEST BY
Randy Wasnick, PLS
City Clerk 4 Creeks, Inc. CEO
H
APPROVED AS TO FORM:
City Attorney
•
-
EXHIBIT A
SCOPE OF SERVICES
The selected firm shall designate an Interim City Engineer to provide consulting services on an as needed, on-call basis for projects to be determined during the term of the Agreement. The scope of work for this Agreement will vary, be requested on a task order basis, as need arises and be at the discretion of the City. The main categories of work and services to be provided may include:
GENERAL INTERIM CITY ENGINEER DUTIES:
• Provide technical advice to City personnel assigned to Public Works activities or as requested.
Advise the City as to engineering and construction financing available from other governmental agencies and prepare and initiate applications for such funding as requested. • Provide technical assistance for Capital Improvement projects including state and federal funded projects and related assignments.
• Provide technical assistance for water, sewer, and storm drain issues. • Prepare drawings, diagrams, graphs, charts, databases, spreadsheets, and tables using common desktop, computer-aided design, and/or GIS software programs. • Attend meetings such as City Council, Planning Commission, staff meetings, advisory groups, and other meetings as requested.
• Prepare/review preliminary scoping, budget estimates, and project schedules. • Prepare reports, investigations, studies, and evaluations as, from time to time, may be required and directed by the City.
• Other engineering, survey, or other related tasks as needed and/or requested by the City.
DEVELOPMENT:
• Review tentative maps and other submittals for land divisions and proposed developments and make recommendations related to engineering matters.
• Develop and update Capital Improvement Plans
• Assist the City Manager on the Capital Improvement Program Budget to allow for the implementation of Master Plan Improvements.
• Prepare Opinions of Probable Costs in support of the City's Capital Improvement Program.
Review and provide written comments on planning programs and land development matters.
Provide special engineering reports regarding such matters as assessment district formation developer fees, and etc.
• Meet with developers and members of the public on proposed development projects in order to communicate the processes and procedures involved with engineering and infrastructure development.
• Check improvement plans for compliance with zoning requirements and City Design Standards and Specifications.
• Provide field observation and inspection of the construction of improvements by private developers within the public rights of way; recommend notice of completion and acceptance-of the work.
Review, check, and provide written recommendations for land use applications to City's Planning Department.
• Assist in the preparation of "Conditions of Approval" for proposed development projects. •
• Evaluate and provide recommendations regarding developer's proposed mitigation measures for development projects.
• Establish performance, labor, and material bond amounts, when required, and require the posting of such securities and other development fees within the proper time sequence of development review.
• Provide such necessary and related functions as are the normal practice of the City in the review of private developments.
• Check subdivision and parcel maps for compliance with California State Subdivision Map Act requirements. Stamp and sign subdivision maps, parcel maps, lot line adjustments, and other documents as necessary, as City surveyor.
Perform research and survey work related to property divisions and mergers. • Perform research and survey work related to public and private land ownership, public and private easements, public improvements, construction, and historic information. Perform all survey-related, and some engineering-related, computations and drawings using traditional methods and/or computer methods currently available within the City. • Prepare and interpret deeds and descriptions.
• Develop legal descriptions and plat maps.
ENGINEERING/PROJECT SPECIFIC DUTIES:
Provide engineering design and review of plans, specifications, estimates, and bid documents for a variety of public works projects. Provide bid assistance and construction support throughout project construction and assist with project closeout activities as needed to comply with applicable reporting requirements related to state or federal funding sources. • Provide traffic engineering services, including the preparation of traffic warrant studies, review of traffic impact studies, and recommendation of traffic control measures. • Provide construction management and inspection services for a variety of private development and capital improvement projects to ensure compliance with approved plans, specifications, City standards, and other applicable local, state, and federal requirements. • Determine locations of property lines, boundaries, easements, and rights of way. • Conduct construction surveys for Capital Improvement Projects. • Establish and adjust benchmarks and monument street centerlines. • Conduct traditional topographic surveys and aerial topographic surveys to determine locations and elevations of existing improvements, structures, and topographic features.
Assist the City with their Geographic Information System (GIS). :
EXHIBIT B
Effective May 1, 2022 - Amerided (8/01/2023)
4Creeks, Inc. Fee Schedule - Professional
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Multi-Year contracts are subject to any subsequent changes in 4CREEKS these rates. Fee schedules for the various billing categories are:
Charges Per Charges Per
Classification Classification
Hour Hour
Civll Engineering Services Architectural Services
Associate Engineer $125 Associate Architect** 3130
Engineer $145 Architect $145
Senior Engineer $175 Sentor Architect** $175
Principal Engineer $200
Planning Services Construction Inspection
(Non-Prevailing Wage)
Assistant Planner 590
Associate Construction Inspector $110-
Associate Planner** $105 -
Construction Inspector $130
Planner $135 Senior Construction Inspector $150
Senior Planner $165
Principal Planner $185 Construction Management
Associate Construction Manager $125
Structural Engineering Services Construction Manager $145 Associate Structural Engineer $145 Senlor Construction Manager $175 Structural Engineer. $160
Senior Structural Engineer $180 Project Manager/Coordinator** Associate Project Manager/Coordinator $120
GIS Services Project Manager/Coordinator $140
Associate GIS Technician $90 Senlor Project Manager/Coordinator $175 GIS Technician $100
Senior GIS Technician $120 Technical Services
Project Technician 1 $85
Utility Design Services Project Technician I! $95
-..
Associate Designer $105 Project Technician I11 $105
Designer $130 Project Technician IV $120
Senior Designer. $160
Public Outreach Coordination
Land Survoying Services Associate Outreach Coordinator $105 Assistant Surveyor. $110 Outreach Coordinator $125
Land Surveyar $135
Senior Surveyor <455
- Water Consulting Services
Principal Land Surveyor $180 Associate Water Consultant .. 5115* 1-Man Survey Crew * $150 Water Consultant $135
2-Man Survey Crew* $220 Senior Water Consultant 5165
3-Man Survey Crew* $275.
Drone Pilot $155. Executive Staft
- $120
Associate Executive.:.
Software Engineering Services $145
Assistant Software Engineer $75 Senior Executive_ $165
Associate Software Engineer $90
Software Engineer $135 Expert Witness -
Senior Software Engineer $165 Expert Witness $300
Direct Charges
At cost plus fifteen percent (15%):
• Transportation and per-diem expenses (auto mileage @ current IRS rate, oft-road charges $50.00/day) • Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.80 per sq. ft. large printing • Equipment rentals, subcontractors, laboratory analyses • Website Hosting Fees: $15/mo. / $150/annual
*Prevailing wage rates by separate schedule - Varies by County **Amended Rates
1 of1
EXHIBIT B
fective February 1,202
pdated August 12, 202
4CREEKS
4Creeks, Inc. Fee Schedule - Professional
pies ate on ormed, and pent. Fe tremes yes and dacing are gories are:
Classification Charges Per Hour
Construction Inspection (Prevailing Wage)
Construction Inspector $150
Construction Inspector Over Time $180
Construction inspector - Sunday... $210
Land Surveying (Prevailing Wage).
1-Man Survey Crew - Tulare County $150
1-Man Survey Crew - Fresno County $150
1-Man Survey Crew - Kings County $150
1-Man Survey Crew - Ker County $150
1-Man Survey Crew - Merced County
2-Man Survey Crew - Tulare County $280
2-Man Survey Crew - Fresno County $280
2-Man Survey Crew - Kings County $280
2-Man Survey Crew - Ker County $280
2-Man Survey Crew - Merced County $280
Direct Charges
At cost plus fifteen percent (15%):
Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.0o/day) • Printing and reproduction: $0.03 per b/w copy; $0.12 per color copy, $0.75 per sq. ft large printing • Equipment rentals, subcontractors, laboratory analyses 1 of t
CITY OF
(FARMERSVILLE
City Council
Staff Report 8B
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: September 25, 2023
SUBJECT: Adoption of a Policy for City of Farmersville Event Grant Funding RECOMMENDED ACTION:
It is recommended that the City Council review and adopt a Policy for City of Farmersville Event Grant Funding.
BACKGROUND and DISCUSSION:
For several years, the City of Farmersville has provided funding to various organizations that provide programs, activities, and events to the community. Historically, the Council has specifically approved applications that have a direct benefit to the Farmersville youth. At this time, staff has found the need to ensure a formal policy is in place to ensure that the City is not providing a "gift of public funds" and that the funds are actually treated as grants. Several provisions need to be established to help distinguish between these two types of actions with a focus on accountability of how City funds are being used. Elements of a typical grant policy include eligibility, a maximum grant amount, reports, and identifying financial need.
Staff has prepared the attached policy outlining these requirements plus additional language that pertains to the purpose of the funds, indemnification for the City, and California Law related to Youth Service Organizations. Upon reviewing the proposed policy and subject to any modifications from the City Council, staff requests that the City Council adopt said policy.
Once a policy has been adopted, a new application will be prepared by staff and attached to the policy and placed on the City website.
FISCAL IMPACT:
Adopting an official policy will create greater accountability on the use of City funds to help prevent a gift of public funds. The current budget is $12,000 for these grant funds.
ATTACHMENT(S):
Policy for Event Grant Funding
Exempt Organization Types
Charitable Organizations
Quick Links
Organizations organized and operated exclusively for religious, charitable, 'scientific, testing for public safety, literary, educational, or other specified purposes" • A-Z Index and that meet certain other requirements are tax exempt under Internal Revenue • Navigating the Code Section 501(c)(3). Charities and
Nonprofits
Churches and Religious Organizations
video C
Churches and religious organizations, like many other charitable organizations, • Education and may qualify for exemption from federal income tax under Section 501(c)(3). Guidance : • Publications
Private Foundations
• Audit Process
Every organization that qualifies for tax-exempt status under Section 501(c)(3) is • Contact Us classified as a private foundation unless it meets one of the exceptions listed in • About Us Section 509(a). Private foundations typically have a single major source of funding (usually gifts from one family or corporation rather than funding from many sources) and most have as their primary activity the making of grants to other - ..
charitable organizations and to individuals, rather than the direct operation of Newsletter
charitable programs.
Political Organizations Exempt
Organization
A political organization subject to Section 527 is a party, committee, association, Update: See all fund or other organization (whether or not incorporated) organized and operated ' editions and primarily for the purpose of directly or indirectly accepting contributions or making subscribe to get expenditures, or both, for an exempt function. the latest news :
Other Nonprofits • delivered to your
inbox
Organizations that meet specified requirements may qualify for exemption under subsections other than 501(c)(3). These include social welfare organizations, civic leagues, social clubs, labor organizations and business leagues.
Other Tax-Exempt Organizations
The following is a list of other types of tax-exempt organizations. For more information regarding these types of organizations, download Publication 557, Tax-Exempt Status for Your Organization (PDF], or contact the Tax Exempt and Government Entities Division.
IRC Section Types of Tax-Exempt Organizations
501(c)(1) Corporations Organized Under Act of Congress (including Federal Credit Unions) 501(c)(2) Title Holding Corporations for Exempt Organization 501(c)(4) •Civic Leagues and Social Welfare Organizations and Local Associations of Employees 501(c)(5) Labor, Agricultural and Horticultural Organizations 501(c)(6) .
Business Leagues, etc.
501(c)(7) Social and Recreation Clubs
501(8) Fraternal Beneficiary Societies
501 (c)(9) Voluntary Employees' Beneficiary Associations 501(c)(10) Domestic Fraternal Societies
501(c)(11) Teachers' Retirement Fund Associations
501(c)(12) Benevolent Life Insurance Associations, Mutual Ditch or Irrigation Companies, Mutual or Cooperative Telephone Companies, or Like Organizations (if 85 percent or more of the örganization's income consists of amounts collected from members for the sole purpose of meeting losses and expenses)
501(c)(13) Cemetery Companies (owned and operated exclusively for the benefit of their members or which are not operated for profit
IRC Section Types of Tax-Exempt Organizations
501(c)(14) State Chartered Credit Unions, Mutual Reserve Funds 501(c)(15) Mutual Insurance Companies or Associations
501(c)(16) Cooperative Organizations'to Finance Crop Operations 501(c)(17) Supplemental Unemployment Benefit Trusts
501(c)(18) Employee Funded Pension Trusts (created before June 25, 1959) 501(c)(19) Veterans Organizations
501(c)(21) Black Lung Benefit Trusts
501(c)(22) Withdrawal Liability Payment Funds
501(c)(25) Title Holding Corporations or Trusts with Multiple Parents 501(c)(26) State-Sponsored High-Risk Health Coverage Organizations 501(c)(27) State-Sponsored Worker's Compensation Reinsurance Organizations 501(c)(28) National Railroad Retirement Investment Trust (45 U.S.C. 231n(j) 501(c)(29) Qualified Nonprofit Health Insurance Issuers 501(d) Religious and Apostolic Associations -
501(e) Cooperative Hospital Service Organizations
501(f) Cooperative Service Organizations of Operating Educational Organizations 501(k) Child Care Organizations
521(a) Farmers' Cooperative Associations
Page Last Reviewed or Updated: 07-Mar-2023
POLICY AND APPLICATION FOR
_CITY OF FARMERSVILLE
EVENT GRANT FUNDING
Introduction
The City of Farmersville recognizes both the importance of the community's youth and the role that non-protit organizations play in the lives of children. To help support.the efforts of these organizations, the City has established an annual budget to fund requests pertaining to youth related programs, activities, and events.
The general purpose of the grant is to help reduce costs for attendees, such as reduction in registration or admission fees. Funds can also be used to purchase equipment if it is shown that without these funds, then fees for participants would be higher. Applicants should demonstrate how the event would be negatively impacted if not awarded the grant. City funds are not to "pad the bottom line" or create profits:
Gifting of public funds is not allowed, therefore, all expenses must be eligible for "public good" of the residents of Farmersville. Furthermore, all programs, activities, and events must be free of any bias or discrimination in delivery of benefits.
Eligibility
Eligible entities must provide programs, activities, or events for people under the age of 18 living in the City of Farmersville and must be a non-profit organization.
An organization that is not located in Farmersville may apply but the event or activity must be free to local residents.
California Law
Pursuant to California AB 506, effective January 1, 2022, and enacted under California Business and Professions Code, Division 8, Chapter 2.9, the following requirements shall be administered by the applicant, and the applicant shall be held responsible and certify their compliance with the law:
Chapter 2.9. Youth Service Organizations
18975.
(a) An administrator, employee, or regular volunteer of a youth service organization shall complete training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirement may be met by completing the online mandated reporter training provided by the Office of Child Abuse Prevention in the State Department of Social Services.
•
(b) (1) An administrator, employee, or regular volunteer of a youth service organization shall undergo a background check pursuant to Section 11105.3 of the Penal Code to identify and exclude any persons with a history of child abuse. (2) Until January 1, 2024, paragraph (1) shall not apply to a youth service organization that, prior to January 1, 2022, did not require administrators, employees, or regular volunteers to undergo background checks pursuant to Section 11105.3 of the Penal Code.
(C) A youth service organization shall develop and implement child abuse prevention policies and procedures, including, but not limited to, both of the following:
(1) Policies to ensure reporting of suspected incidents of child abuse to persons or entities outside of the organization, including the reporting required pursuant to Section 11165.9 of the Penal Code.
(2) (A) Policies requiring, to the greatest extent possible, the presence of at least two mandated reporters whenever administrators, employees, or volunteers are in contact with, or supervising, children.
(B) This paragraph shall not apply to an organization that provides one-to-one mentoring to youth that has adopted and implemented the policies described in paragraph (1) and has adopted and implemented policies to ensure comprehensive screening of volunteers, training of volunteers and parents or guardians, and regular contact with volunteers and parents or guardians. (d) Before writing liability insurance for a youth service organization in this state, an insurer may request information demonstrating compliance with this section from the youth service organization as a part of the insurer's loss control program. (e) For purposes of this section:
(1) "Regular volunteer" means a volunteer with the youth service organization who is 18 years of age or older and who has direct contact with, or supervision of, children for more than 16 hours per month or 32 hours per year.
(2) "Youth service organization" means an organization that employs or utilizes the services of persons who, due to their relationship with the organization, are mandated reporters pursuant to paragraph (7) of subdivision (a) of Section 11165.7 of the Penal Code.
Indemnification
To the fullest extent permitted by law, Applicant/Grantee shall hold harmless, defend at its own expense, and indemnify the City of Farmersville and its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney's fees, arising from all acts or omissions of contractor or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Farmersville's sole negligence or willful acts. These obligations shall survive the completion or termination of this agreement.
Funding
The maximum grant amount is $1,500 per application. An organization may submit applications more than once in the fiscal year if requesting funds for a different program, activity, or event.
Reporting
Once the organization has expended the funds, a report must be submitted to the City showing the number of youth that participated in the program, activity, or event. If funds were approved to purchase equipment, then the report should also include copies of the receipts. •
Applications
Incomplete applications will not be accepted or reviewed.
Applications must be signed by the President or Treasurer of the organization and funding will be paid directly to the organization and not to individuals.
The following documents must be included with the application:
• Non-profits must provide a copy of the agency's 501(c) determination letter from the IRS;
• Names and titles of the current members of the agency's Board of Directors; • One copy of the applicant's most recent year-end financial statement/audit The following documents must be submitted before grant funds are released:
• Certificate of appropriate levels of liability and coverage • If requested, certificates for workers compensation and auto insurance and, depending upon the risks, listing the City as an additional insured and/or providing a waiver of subrogation
If applications are not submitted at least 30 days prior to the event or activity to allow sufficient time for review and approval, then funding may be delayed. •
:
-