MEMBER AGENCY AGREEMENT
The purpose of this Agreement is to set forth the basic duties and responsibilities of and to help ensure a peaceful and harmonious relationship between the undersigned Member Agency and the Mid-Plains United Way, Inc. (hereinafter “the United Way”). The parties agree that nothing contained within this Agreement shall create or is intended to create an employer/employee relationship and that the Member Agency retains full control of its operations, policies and programs by its own governing body or board.
The Member Agency recognizes that the United Way has considerable discretion in establishing realistic campaign goals and in apportioning and distributing funds based upon, but not limited to, the services offered by the Member Agency, the perceived priority of service needs in the community and the Member Agency’s cooperation and participation in the annual campaign.
WHEREFORE, the United Way, a charitable organization, and the undersigned Member Agency hereby enter into the following Agreement:
The Member Agency agrees to the following:
1. That it will maintain tax exempt status under section 501(c)(3) of the Internal Revenue Code or any other tax exempt status pursuant to the guidelines of the federal or state government.
2. That it is financially sound and managed and operated in an efficient and economic manner by a voluntary, responsible and representative board or governing body and that it has an annual audit, review or compilation performed by certified public accountants using standard forms and public disclosures.
3. That there is an adopted non-discrimination policy at all levels of operation.
4. That it will promote its participation and involvement with the United Way whenever possible through aid, financial support, staff and/or volunteer assistance to the United Way and by utilizing its name and logo.
5. Two Agency representatives will be required to help with the annual campaign soliciting businesses for contributions.
6. Mid-Plains United Way requires from each agency two (2) to three (3) testimonials from clients expressed in 200 words or less to be used for presentations in PSAs This may be presented in Power Point format at the Agency Review.
7. To abide by and adhere to the Agency Attendance Policy which is attached to this Agreement.
The United Way agrees to the following:
1. To maintain sound fiscal management, accurate records and statements and to operate in an efficient and economic manner.
2. To respect the confidential nature of any financial data submitted to it by the Member Agency.
3. To employ certified public accountants to audit its books and accounts and to make available a copy of the annual audit to the Member Agency.
4. To keep the Member Agency informed of annual campaign procedures and the results of any campaign.
5. To distribute campaign funds as follows:
a. To the payment of the campaign and administrative expenses of the United Way. Any funds collected in excess of the campaign goal may be placed into a reserve fund or allocated as determined by the Board of Trustees discretion.
b. To the payment of Member Agency allocations as approved by the United Way. Allocations for Member Agencies shall be paid as a portion of the approved allocation. All payments will be made on a quarterly basis.
6. To review at its next regularly scheduled meeting or at a special meeting any appeal for reconsideration that is received by the Member Agency after it is informed of its approved allocation or denial. Any Member Agency appeal shall be by notice, in writing, within ten (10) business days.
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party by serving written notice on the
other party thirty (30) days prior to the effective date of the termination. During this thirty (30) day period, both parties agree to call a joint meeting of their respective governing bodies, if either party so desires, for the purpose of open discussion of said termination.
WHEREFORE, the term of this Agreement shall be from the 1st day of July of the current calendar year to the following 30th day of June, unless sooner terminated by the United Way or the Member Agency.
If the Member Agency is willing to comply with the terms of this Agreement, this signed Agreement shall be returned to the office of the Mid-Plains United Way, Inc., by February 1. The United Way will not be responsible for funding the Member Agency after the expiration of this Agreement.
DATED this ___ day of ____________________, 20______.
By __________________________________ President of Board
MID-PLAINS UNITED WAY, INC.,
By _________________________________ Executive Director
Policy revised on April 15, 2004
Revised June 26, 2008
Revised December 15, 2010
Revised June 28, 2012