R-11-04-14-10D3 - 4/14/2011RESOLUTION NO. R -11-04-14-10D3
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.
RESOLVED this 14th day of April, 2011.
AEkN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
O:\wdox\SCC1nts\0112\ 1104\MUNICIPAL \00218987.DOC/rmc
EXHIBIT
„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 terms of this Agreement, for Fiscal Year 2010-2011, Round Rock
hereby agrees to allocate Eight Thousand Four Hundred and Six and No/100 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 and No/100 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;
2r75srrkg
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;
li. 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;
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, 2010 and ends September 30, 2011.
J.
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
City of Round Rock, Mayor Date
3
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Agenda Item No. 10D3.
City Council Agenda Summary Sheet
Consider a resolution authorizing the Mayor to execute a Nonprofit Funding Agreement
Agenda Caption: with the Clean Air Force of Central Texas.
Meeting Date: April 14, 2011
Department: Infrastructure Development and Construction Management
Staff Person making presentation: Tom Word, P.E.
Chief of Public Works Operations
Item Summary:
Air quality is an issue which affects many segments of our population, from the young to the elderly and many
vulnerable groups in between. With the strong population growth in Central Texas and other metropolitan areas of
the state, along with increased interstate truck traffic on IH -35 over the past decade, air quality in our region has
become more and more of an issue as Central Texas struggles to stay in attainment of federal air quality standards
and ensure that our citizens have clean air to breath. The City of Round Rock, in partnership with many other
governmental and non-governmental entities in the region, has contributed to the success of Central Texas in
maintaining its "attainment" status with the United States Environmental Protection Agency (EPA), even while the
standards have become more stringent. If our region falls into "non -attainment" (meaning we exceed the allowable
standards set by the EPA), this designation will result in significantly increased costs to our region, through more
stringent review standards for road projects, to new required fuel additives at the pump, and increased restrictions
on industry - to name just a few. Recently, the EPA announced that it would be designating new ozone standards
this summer — it is expected that these standards will be even stricter than before. This announcement underscores
the importance of Round Rock's collaborative efforts to improve air quality in our region.
One of our partners in the region that has contributed to our success in air quality issues is the Clean Air Force of
Central Texas. The Clean Air Force is a non-profit organization whose mission is to coordinate air quality planning
and conduct educational activities in Central Texas. The City of Round Rock has contributed funds to the Clean Air
Force since 2001; some of the activities supported by the Clean Air Force include Ozone Warnings, the Clean School
Bus Program, lawn mower replacement programs, and various other public outreach programs designed to educate
and help citizens to reduce air pollution in the region.
Approval of this resolution would enter the City into an agreement with the Clean Air Force of Central Texas. This
resolution will ensure the continued support of the Clean Air Force in providing the above described services to the
citizens of Round Rock and Central Texas. In addition, approval of this resolution for $8,406 would demonstrate the
City of Round Rock's continued commitment to improving air quality in the region. This agreement will expire
September 30, 2011.
Strategic Plan Relevance:
32.0 - Support policies and efforts that will promote public health
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Cost:
$8,406
City Council Agenda Summary Sheet
Source of Funds: General Fund
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENTS
FOLLOW
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 2010-2011, Round Rock
hereby agrees to allocate Eight Thousand Four Hundred and Six and No/100 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 and No/100 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;
21755Lrkg
-tt-O +-LoP
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, 2010 and ends September 30, 2011.
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 Presidairman, Board of Directors
Ager
lstafl))1 Date
Date
S. S. l l
City of Round Rock, Mayor
3
1H4- .1
Date