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R-08-09-25-14G11 - 9/25/2008RESOLUTION NO. R -08-09-25-14G11 WHEREAS, the City of Round Rock evaluates funding requests from local social service agencies to identify and help fund valuable, needed community services, and WHEREAS, the City of Round Rock has received a request for funds from Bluebonnet Trails Community MHMR Center, a non-profit corporation ("Agency"), and WHEREAS, the City Council hereby determines that the requested funds will be used for a public purpose, namely to provide occupational therapy to children up to age 3 who are disabled, developmentally delayed and to develop a plan for transitioning children to appropriate care past the age of 3, and WHEREAS, the City Council desires to enter into a Social Service Agency Annual Funding Agreement with the Agency, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Social Service Agency Annual Funding Agreement with the Agency, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 0:\WDOX\RESOLUTI\R8925G11.DOC/rmc RESOLVED this 25th day of September, 2008. ATTEST: SARA`L. WHITE, City Secretary 2 ALAN MCGRAW, Mayor City of Round Rock, Texas CITY OF ROUND ROCK SOCIAL SERVICE AGENCY ANNUAL FUNDING AGREEMENT WITH BLUEBONNET TRAILS COMMUNITY MHMR CENTER This Social Service Agency Annual Funding Agreement ("Agreement") is by and between the City of Round Rock ("Round Rock") and Bluebonnet Trails ("Agency"), a non- profit corporation. Pursuant to the terms of this Agreement, for Fiscal Year 2008-2009, Round Rock hereby agrees to allocate Five Thousand Dollars ($5,000.00) to the Agency to fulfill the public purposes outlined by Round Rock and the Agency herein. 1.1 1.2 1.3 1.4 1.5 1.6 00145116 Purpose. Round Rock has in good faith determined that this Agreement serves a public purpose. This public purpose includes, but is not limited to, occupational therapy for children who are disabled, developmentally delayed or are medically diagnosed with a high likelihood of developmental delays. Administration of Agreement. Round Rock shall administer this Agreement. Use of Funds. The Agency understands that the funds provided to it by Round Rock will be used solely for the following program services in Round Rock: to provide occupational therapy to children up to age 3 who have developmental delayed or disabled and to develop a plan for transitioning children to appropriate care past the age of 3. Distribution of Funds. Round Rock will pay the annual sum of Five Thousand Dollars ($5,000.00) to the Agency in two equal payments. Said payments are contingent upon the Agency submitting performance measures in accordance with 1.6(k) of this Agreement. Relationship of Parties. Nothing contained herein, either explicitly or implicitly, shall be deemed or construed to make Round Rock the agent, servant, or employee of the Agency, or to create any partnership, joint venture, or other association between Round Rock and the Agency. Alternatively, nothing contained herein, either explicitly or implicitly, shall be deemed or construed to make the Agency the agent, servant, or employee of Round Rock, or to create any partnership, joint venture, or other association between the Agency and Round Rock. Principles and Controls. In administering the handling of contributed public funds, Round Rock and the Agency agree to the following certain basic principles which are essential to maintain community acceptance and support: a. The Agency shall maintain its status as a voluntary, non-profit corporation under section 501(C)(3) of the Internal Revenue code, unless exempt by Federal guidelines; EXHIBIT fAn b. The Agency shall remain in good standing under the laws of the state of Texas; c. The Agency shall notify Round Rock of major programmatic and administrative changes which could substantially affect the Agency's operation and service delivery; d. The Agency shall provide to Round Rock and actively maintain a current list (including term of office) of the Agency's directors, as well as its regular meeting times; e. The Agency shall provide to Round Rock minutes of its board of director meetings and detailed financial reports which include detailed comparisons of budgeted and actual activity and change in financial position. The reports shall be attested to by the Agency's board of directors and be provided on a regular and timely basis as requested by Round Rock; f. The Agency shall provide adequate liability insurance coverage for the Agency, and does hereby indemnify Round Rock and its employees, designees, and agents from any and all liability for any damage or injury caused to any employee, client, patron, agency, visitor or guest of the Agency; g. If an independent public accountant prepares an annual audit or review in accordance with generally accepted accounting standards, the Agency shall provide a copy of such report to Round Rock; h. The Agency shall prepare a detailed annual budget, translating program service plans into financial terms, and shall provide a copy of this budget to Round Rock. The budget must have comparative columns showing previous year actual and proposed year budget figures. Revenues should be categorized by major source and expenses categorized by purpose; J. The Agency shall be responsible for generation of support for its programs and not rely solely on Round Rock for funding of its programs; The Agency shall allow Round Rock to conduct a semi-annual inspection of the Agency's premises and operations; and k. The Agency and Round Rock shall establish agreed upon performance measures. Performance measures will be submitted to Round Rock by the Agency as requested, but not more than four times a year. 1.7 Term of Agreement. This Agreement is in effect for the City's fiscal year which begins October 1, 2008 and ends September 30, 2009. 1.8 Entire Agreement. This Agreement constitutes the entire agreement between Round Rock and the Agency. No oral agreements are in effect pertaining to this Agreement. Any changes or modifications to this Agreement must be made in writing with the consent of both parties. 1.9 Assignability. This Agreement cannot be assigned or transferred in any part without the written consent of both Round Rock and the Agency. Executed by: Agency President/Chairman, Board of Directors Date Agency Chief Professional Officer (paid staff) Date City of Round Rock, Mayor Date 3 DATE: September 17, 2008 SUBJECT: City Council Meeting — September 25, 2008 ITEM: *14G11. Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Funding Agreement with Bluebonnet Trails Community MHMR Center. Department: Staff Person: Justification: Finance Cheryl Delaney, Assistant Finance Director City Leadership developed a process to receive and evaluate funding requests from social service agencies. Funding recommendations were made utilizing criteria outlined in the application process. Funding has been allocated in the 2008-2009 operating budget for this agency. This agreement outlines the terms and conditions. Funding: Cost: $5,000.00 Source of funds: General Fund Outside Resources: N/A Background Information: Funds will be used to provide 150 hours of occupational therapy for babies and children until age 3, who are disabled, developmentally delayed or are medically diagnosed with a high likelihood of developmental delays. Public Comment: Public Hearings were held in the budget adoption process. EXECUTED DOCUMENT FOLLOWS CITY OF ROUND ROCK SOCIAL SERVICE AGENCY ANNUAL FUNDING AGREEMENT WITH BLUEBONNET TRAILS COMMUNITY MHMR CENTER This Social Service Agency Annual Funding Agreement ("Agreement") is by and between the City of Round Rock ("Round Rock") and Bluebonnet Trails ("Agency"), a non- profit corporation. Pursuant to the terms of this Agreement, for Fiscal Year 2008-2009, Round Rock hereby agrees to allocate Five Thousand Dollars ($5,000.00) to the Agency to fulfill the public purposes outlined by Round Rock and the Agency herein. 1.1 1.2 1.3 1.4 1.5 1.6 Purpose. Round Rock has in good faith determined that this Agreement serves a public purpose. This public purpose includes, but is not limited to, occupational therapy for children who are disabled, developmentally delayed or are medically diagnosed with a high likelihood of developmental delays. Administration of Agreement. Round Rock shall administer this Agreement. Use of Funds. The Agency understands that the funds provided to it by Round Rock will be used solely for the following program services in Round Rock: to provide occupational therapy to children up to age 3 who have developmental delayed or disabled and to develop a plan for transitioning children to appropriate care past the age of 3. Distribution of Funds. Round Rock will pay the annual sum of Five Thousand Dollars ($5,000.00) to the Agency in two equal payments. Said payments are contingent upon the Agency submitting performance measures in accordance with 1.6(k) of this Agreement. Relationship of Parties. Nothing contained herein, either explicitly or implicitly, shall be deemed or construed to make Round Rock the agent, servant, or employee of the Agency, or to create any partnership, joint venture, or other association between Round Rock and the Agency. Alternatively, nothing contained herein, either explicitly or implicitly, shall be deemed or construed to make the Agency the agent, servant, or employee of Round Rock, or to create any partnership, joint venture, or other association between the Agency and Round Rock. Principles and Controls. In administering the handling of contributed public funds, Round Rock and the Agency agree to the following certain basic principles which are essential to maintain community acceptance and support: a. The Agency shall maintain its status as a voluntary, non-profit corporation under section 501(C)(3) of the Internal Revenue code, unless exempt by Federal guidelines; 1L -OS -09-D9- (4CT-1 00145116 b. The Agency shall remain in good standing under the laws of the state of Texas; c. The Agency shall notify Round Rock of major programmatic and administrative changes which could substantially affect the Agency's operation and service delivery; d. The Agency shall provide to Round Rock and actively maintain a current list (including term of office) of the Agency's directors, as well as its regular meeting times; e. The Agency shall provide to Round Rock minutes of its board of director meetings and detailed financial reports which include detailed comparisons of budgeted and actual activity and change in financial position. The reports shall be attested to by the Agency's board of directors and be provided on a regular and timely basis as requested by Round Rock; f. The Agency shall provide adequate liability insurance coverage for the Agency, and does hereby indemnify Round Rock and its employees, designees, and agents from any and all liability for any damage or injury caused to any employee, client, patron, agency, visitor or guest of the Agency; g. If an independent public accountant prepares an annual audit or review in accordance with generally accepted accounting standards, the Agency shall provide a copy of such report to Round Rock; h. The Agency shall prepare a detailed annual budget, translating program service plans into financial terms, and shall provide a copy of this budget to Round Rock. The budget must have comparative columns showing previous year actual and proposed year budget figures. Revenues should be categorized by major source and expenses categorized by purpose; i. The Agency shall be responsible for generation of support for its programs and not rely solely on Round Rock for funding of its programs; j. The Agency shall allow Round Rock to conduct a semi-annual inspection of the Agency's premises and operations; and k. The Agency and Round Rock shall establish agreed upon performance measures. Performance measures will be submitted to Round Rock by the Agency as requested, but not more than four times a year. 1.7 Term of Agreement. This Agreement is in effect for the City's fiscal year which begins October 1, 2008 and ends September 30, 2009. 1.8 Entire Agreement. This Agreement constitutes the entire agreement between Round Rock and the Agency. No oral agreements are in effect pertaining to this Agreement. Any changes or modifications to this Agreement must be made in writing with the consent of both parties. 1.9 Assignability. This Agreement cannot be assigned or transferred in any part without the written consent of both Round Rock and the Agency. Executed by: A: ncy President/Chairman, Board of Directors Date Robert L. Heinrich, Chair /o/i Agency Chief Professional Officer (paid staff) Date Andrea Richardson, Executive Director Cif of Round Rock, Mayor v J Date 3