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R-10-09-23-10F9 - 9/23/2010RESOLUTION NO. R -10-09-23-10F9 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 Literacy Council of Williamson County, 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 self sufficiency education in areas including English as a second language, basic literacy skills, and GED tutoring, 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. RESOLVED this 23rd day of September, 2010. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: 14AlAitAke,Gitt SARA L. WHITE, City Secretary O:\wdox\SCClnts\0112\ 1005\MUNICIPAL\00202518. DOC/rmc CITY OF ROUND ROCK SOCIAL SERVICE AGENCY ANNUAL FUNDING AGREEMENT WITH LITERACY COUNCIL OF WILLIAMSON COUNTY This Social Service Agency Annual Funding Agreement (the "Agreement") is made by and between the City of Round Rock, Texas (the "City") and the Literacy Council of Williamson County (the "Agency"), a non-profit corporation. Pursuant to the terms of this Agreement, for Fiscal Year 2010-2011, the City hereby agrees to allocate Eight Thousand and No/100 Dollars ($8,000.00) to the Agency to fulfill the public purposes outlined by the City and the Agency herein. 1.1 Purpose. The City 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 self-sufficiency education in areas including English as a second language, basic literacy skills, and GED tutoring. 1.2 Administration of Agreement. The City shall administer this Agreement. 1.3 Use of Funds. The Agency understands that the funds provided to it by the City will be used solely for the following program services in Round Rock: to provide self-sufficiency education in areas including English as a second language, basic literacy skills, and GED tutoring. 1.4 Distribution of Funds. The City will pay the annual total sum of Eight Thousand Dollars ($8,000.00) to the Agency in two (2) equal payments. Said payments are contingent upon the Agency submitting performance measures in accordance with Section 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 the City the agent, servant, or employee of the Agency, or to create any partnership, joint venture, or other association between the City 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 the City, or to create any partnership, joint venture, or other association between the Agency and the City. 1.6 Principles and Controls. In administering the handling of contributed public funds, the City and the Agency agree to certain basic principles which are essential to maintain community acceptance and support, which are as follows: a. The Agency shall maintain its status as a voluntary, non-profit corporation under section 501(c)(3) of the Internal Revenue Code, unless exempted by federal guidelines; 00202072/bowden/jkg EXHIBIT „A,, b. The Agency shall remain in good standing under the laws of the state of Texas; c. The Agency shall notify the City of major programmatic and administrative changes which could substantially affect the Agency's operation and service delivery; d. The Agency shall actively maintain a current list (including term of office) of the Agency's directors, as well as regular meeting times of its board of directors, and shall provide same to the City; e. The Agency shall actively maintain minutes of its board meetings and detailed financial reports which include detailed comparisons of budgeted and actual activity and change in financial position, and shall provide same to the City. Such reports shall be attested to by the Agency's board, and shall be provided on a regular and timely basis, or as requested by the City; f. The Agency shall provide adequate liability insurance coverage for the Agency, and does hereby hold harmless the City 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 the City; 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 the City. Such budget must have comparative columns showing previous year and current year actual and proposed 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 shall not rely solely on the City for funding of its programs; j. The Agency shall allow the City to conduct a semi-annual inspection of the Agency's premises and operations; and k. The Agency and the City shall establish agreed-upon performance measures. Such performance measures shall be submitted to the City by the Agency as requested, but not more than four (4) times per year. 1.7 Term of Agreement. This Agreement shall be in effect for the City's fiscal year which begins October 1, 2010 and ends September 30, 2011. 1.8 Entire Agreement. This Agreement constitutes the entire agreement between the City 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, duly acted upon by formal action of the governing bodies of both parties. 1.9 Assignability. This Agreement cannot be assigned or transferred in whole or in part without the written consent of both the City and the Agency. EXECUTED BY: Agency President/Chair, Board of Directors Date Signed Agency Chief Professional Officer (Paid Staff) Date Signed Mayor, City of Round Rock, Texas FOR CITY, ATTEST: By: Sara L. White, City Secretary FOR CITY, APPROVED AS TO FORM: By: Stephan L. Sheets, City Attorney 3 Date Signed ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Agenda Item No. 10F9. Ci Council A: enda Summary Sheet Consider a resolution authorizing the Mayor to execute a Social Service Agency Annual Agenda Caption: Funding Agreement with Literacy Council of Williamson County for $8,000.00. Meeting Date: September 23, 2010 Department: Finance Staff Person making presentation: Cheryl Delaney Finance Director Item Summary: City leadership developed a process to receive and evaluate funding requests from social services agencies. Funding recommendations were made utilizing criteria outlined in the application process. Funding has been allocated in the 2010-2011 operating budget for this agency. This agreement outlines the terms and conditions. Strategic Plan Relevance: 8.0 Maintain and enhance public confidence, satisfaction and trust in City Government. Cost: $8,000.00 Source of Funds: General Fund Date of Public Hearing (if required): N/A Recommended Action: Approval COPY CITY OF ROUND ROCK SOCIAL SERVICE AGENCY ANNUAL FUNDING AGREEMENT WITH LITERACY COUNCIL OF WILLIAMSON COUNTY This Social Service Agency Annual Funding Agreement (the "Agreement") is made by and between the City of Round Rock, Texas (the "City") and the Literacy Council of Williamson County (the "Agency"), a non-profit corporation. Pursuant to the terms of this Agreement, for Fiscal Year 2010-2011, the City hereby agrees to allocate Eight Thousand and No/100 Dollars ($8,000.00) to the Agency to fulfill the public purposes outlined by the City and the Agency herein. 1.1 1.2 1.3 1.4 1.5 1.6 Purpose. The City 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 self-sufficiency education in areas including English as a second language, basic literacy skills, and GED tutoring. Administration of Agreement. The City shall administer this Agreement. Use of Funds. The Agency understands that the funds provided to it by the City will be used solely for the following program services in Round Rock: to provide self-sufficiency education in areas including English as a second language, basic literacy skills, and GED tutoring. Distribution of Funds. The City will pay the annual total sum of Eight Thousand Dollars ($8,000.00) to the Agency in two (2) equal payments. Said payments are contingent upon the Agency submitting performance measures in accordance with Section 1.6(k) of this Agreement. Relationship of Parties. Nothing contained herein, either explicitly or implicitly, shall be deemed or construed to make the City the agent, servant, or employee of the Agency, or to create any partnership, joint venture, or other association between the City 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 the City, or to create any partnership, joint venture, or other association between the Agency and the City. Principles and Controls. In administering the handling of contributed public funds, the City and the Agency agree to certain basic principles which are essential to maintain community acceptance and support, which are as follows: a. The Agency shall maintain its status as a voluntary, non-profit corporation under section 501(c)(3) of the Internal Revenue Code, unless exempted by federal guidelines; 00202072/bowden/jkg �''� v-061-23-(61 COPY b. The Agency shall remain in good standing under the laws of the state of Texas; c. The Agency shall notify the City of major programmatic and administrative changes which could substantially affect the Agency's operation and service delivery; d. The Agency shall actively maintain a current list (including term of office) of the Agency's directors, as well as regular meeting times of its board of directors, and shall provide same to the City; e. The Agency shall actively maintain minutes of its board meetings and detailed financial reports which include detailed comparisons of budgeted and actual activity and change in financial position, and shall provide same to the City. Such reports shall be attested to by the Agency's board, and shall be provided on a regular and timely basis, or as requested by the City; f. The Agency shall provide adequate liability insurance coverage for the Agency, and does hereby hold harmless the City 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 the City; 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 the City. Such budget must have comparative columns showing previous year and current year actual and proposed budget figures. Revenues should be categorized by major source and expenses categorized by purpose; The Agency shall be responsible for generation of support for its programs, and shall not rely solely on the City for funding of its programs; j. The Agency shall allow the City to conduct a semi-annual inspection of the Agency's premises and operations; and k. The Agency and the City shall establish agreed-upon performance measures. Such performance measures shall be submitted to the City by the Agency as requested, but not more than four (4) times per year. COPY 1.7 Term of Agreement. This Agreement shall be in effect for the City's fiscal year which begins October 1, 2010 and ends September 30, 2011. 1.8 Entire Agreement. This Agreement constitutes the entire agreement between the City 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, duly acted upon by formal action of the governing bodies of both parties. 1.9 Assignability. This Agreement cannot be assigned or transferred in whole or in part without the written consent of both the City and the Agency. EXECUTED BY: Agency President/Chair, Board of Directors Date Signed Agency Chief Professional Officer (Paid Staff) Date Signed Mayor, City of Round Rock, Texas FOR CITY, ATTEST: By: Sara L. White, City Secretary FOR CITY APPROVED • S TO FORM: By: Stepha \ . Sheets, City Attorney 3 D Date Signed EXECUTED DOCUMENT FOLLOWS CITY OF ROUND ROCK SOCIAL SERVICE AGENCY ANNUAL FUNDING AGREEMENT WITH LITERACY COUNCIL OF WILLIAMSON COUNTY This Social Service Agency Annual Funding Agreement (the "Agreement") is made by and between the City of Round Rock, Texas (the "City") and the Literacy Council of Williamson County (the "Agency"), a non-profit corporation. Pursuant to the terms of this Agreement, for Fiscal Year 2010-2011, the City hereby agrees to allocate Eight Thousand and No/100 Dollars ($8,000.00) to the Agency to fulfill the public purposes outlined by the City and the Agency herein. 1.1 1.2 1.3 1.4 1.5 1.6 Purpose. The City 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 self-sufficiency education in areas including English as a second language, basic literacy skills, and GED tutoring. Administration of Agreement. The City shall administer this Agreement. Use of Funds. The Agency understands that the funds provided to it by the City will be used solely for the following program services in Round Rock: to provide self-sufficiency education in areas including English as a second language, basic literacy skills, and GED tutoring. Distribution of Funds. The City will pay the annual total sum of Eight Thousand Dollars ($8,000.00) to the Agency in two (2) equal payments. Said payments are contingent upon the Agency submitting performance measures in accordance with Section 1.6(k) of this Agreement. Relationship of Parties. Nothing contained herein, either explicitly or implicitly, shall be deemed or construed to make the City the agent, servant, or employee of the Agency, or to create any partnership, joint venture, or other association between the City 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 the City, or to create any partnership, joint venture, or other association between the Agency and the City. Principles and Controls. In administering the handling of contributed public funds, the City and the Agency agree to certain basic principles which are essential to maintain community acceptance and support, which are as follows: a. The Agency shall maintain its status as a voluntary, non-profit corporation under section 501(c)(3) of the Internal Revenue Code, unless exempted by federal guidelines; 00202072/bowden/jkg 1.—(u—O�--z3_(v l b. The Agency shall remain in good standing under the laws of the state of Texas; c. The Agency shall notify the City of major programmatic and administrative changes which could substantially affect the Agency's operation and service delivery; d. The Agency shall actively maintain a current list (including term of office) of the Agency's directors, as well as regular meeting times of its board of directors, and shall provide same to the City; e. The Agency shall actively maintain minutes of its board meetings and detailed financial reports which include detailed comparisons of budgeted and actual activity and change in financial position, and shall provide same to the City. Such reports shall be attested to by the Agency's board, and shall be provided on a regular and timely basis, or as requested by the City; f. The Agency shall provide adequate liability insurance coverage for the Agency, and does hereby hold harmless the City 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 the City; 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 the City. Such budget must have comparative columns showing previous year and current year actual and proposed budget figures. Revenues should be categorized by major source and expenses categorized by purpose; �. The Agency shall be responsible for generation of support for its programs, and shall not rely solely on the City for funding of its programs; j. The Agency shall allow the City to conduct a semi-annual inspection of the Agency's premises and operations; and k. The Agency and the City shall establish agreed-upon performance measures. Such performance measures shall be submitted to the City by the Agency as requested, but not more than four (4) times per year. 1.7 Term of Agreement. This Agreement shall be in effect for the City's fiscal year which begins October 1, 2010 and ends September 30, 2011. 1.8 Entire Agreement. This Agreement constitutes the City and the Agency. No oral agreements are Agreement. Any changes or modifications to this writing with the consent of both parties, duly acted governing bodies of both parties. 1.9 Assignability. This Agreement cannot be assigned part without the written consent of both the City and EXECUTED BY: Age. y Presid-nt/Chair, Boar. •f Directors entire agreement between the in effect pertaining to this Agreement must be made in upon by formal action of the or transferred in whole or in the Agency. Date Signed Staf 'Agency Chief Professio a Officer Paid 1 0— �o � � Date Signed Mayor, City of Round Rock, Texas FOR CITY, ATTEST: By: Sara L. White, City Secretary FOR CITY APPROVED S TO FORM: By: 1%: u Stepha \ . Sheets, City Attorney 3 •10 Date Signed