R-10-03-11-10C4 - 3/11/2010RESOLUTION NO. R -10-03-11-10C4
WHEREAS, the City of Round Rock evaluates funding requests
from local nonprofit agencies to identify and help fund valuable,
needed community services, and
WHEREAS, the City of Round Rock has received a request for
funds from Clean Air Force of Central Texas, 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
educational public outreach and programs dedicated to safeguarding
and improving air quality in central Texas, and
WHEREAS, the City Council desires to enter into a Nonprofit
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 Nonprofit 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\SCC1nts\0112\1005\MUNICIPAL\00185031. DOC/rmc
RESOLVED this llth day of March, 2010.
ATTEST:
SARA L. WHITE, City Secretary
2
AMCGRAW, Mayor
City of Round Rock, Texas
CITY OF ROUND ROCK
NONPROFIT FUNDING AGREEMENT WITH
CLEAN AIR FORCE OF CENTRAL TEXAS
This Nonprofit Funding Agreement ("Agreement") is by and between the City of Round
Rock ("Round Rock") and Clean Air Force of Central Texas ("Agency"), a non-profit
corporation. Pursuant to the terms of this Agreement, for Fiscal Year 2009-2010, Round Rock
hereby agrees to allocate Eight Thousand Four -Hundred and Six Dollars ($8,406.00) to the
Agency to fulfill the public purposes outlined by Round Rock and the Agency herein.
1.1
Purpose. Round Rock has in good faith determined that this Agreement serves a
public purpose. This public purpose includes, but is not limited to, the Agency's
efforts to provide educational public outreach and programs dedicated to
safeguarding and improving air quality in central Texas.
1.2 Administration of Agreement. Round Rock shall administer this Agreement.
1.3 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 education public outreach, programs, and community agreements in
Round Rock.
1.4 Distribution of Funds. Round Rock will pay the annual sum of Eight Thousand
Four -Hundred and Six Dollars ($8,406.00) to the Agency in one payment. Said
payment is contingent upon the Agency submitting performance measures in
accordance with 1.6(k) of this Agreement.
1.5 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.
1.6 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;
b. The Agency shall remain in good standing under the laws of the state of
Texas;
183842hn1
0125.1001
EXHIBIT
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, 2009 and ends September 30, 2010.
2
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 catrot 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: March 4, 2010
SUBJECT: City Council Meeting — March 11, 2010
ITEM: 10C4. Consider a resolution authorizing the Mayor to execute a Nonprofit Funding
Agreement with The Clean Air Force of Central Texas.
Department:
Staff Person:
Justification:
Transportation Services
Tom Word, P.E., Chief of Public Works Operations
This resolution will confirm the City of Round Rock's continued commitment to work with Williamson
County and The Clean Air Force to take all reasonable steps to increase public awareness and limit the
production of ozone precursor emissions, with the goal of maintaining an "in attainment" designation.
The Environmental Protection Agency (EPA) has announced significant changes to the 2010 Ozone
Standards, which will make this affiliation even more essential to the air quality of our region.
Strategic Plan Relevance:
32.0 Support policies and efforts that will promote public health
Funding:
Cost: $8,406.00
Source of funds: General Fund
Outside Resources (if applicable):
The Clean Air Force of Central Texas
Public Comment (if applicable):
N/A
CITY OF ROUND ROCK
NONPROFIT FUNDING AGREEMENT WITH
CLEAN AIR FORCE OF CENTRAL TEXAS
This Nonprofit Funding Agreement ("Agreement") is by and between the City of Round
Rock ("Round Rock") and Clean Air Force of Central Texas ("Agency"), a non-profit
corporation. Pursuant to the terns of this Agreement, for Fiscal Year 2009-2010, Round Rock
hereby agrees to allocate Eight Thousand Four -Hundred and Six Dollars ($8,406.00) to the
Agency to fulfill the public purposes outlined by Round Rock and the Agency herein.
1.1
Purpose. Round Rock has in good faith determined that this Agreement serves a
public purpose. This public purpose includes, but is not limited to, the Agency's
efforts to provide educational public outreach and programs dedicated to
safeguarding and improving air quality in central Texas.
1.2 Administration of Agreement. Round Rock shall administer this Agreement.
1.3 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 education public outreach, programs, and community agreements in
Round Rock.
1.4
Distribution of Funds. Round Rock will pay the annual sum of Eight Thousand
Four -Hundred and Six Dollars ($$,406.00) to the Agency in one payment. Said
payment is contingent upon the Agency submitting performance measures in
accordance with 1.6(k) of this Agreement.
13 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.
1.6 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;
b. The Agency shall remain in good standing under the laws of the state of
Texas;
183842/ml
0125.1001
��to- -( I
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 fimding 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 Tenn of Agreement. This Agreement is in effect for the City's fiscal year which
begins October 1, 2009 and ends September 30, 2010.
2
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
ti
City of Round Rock, Mayor Date
3