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R-94-12-22-10H - 12/22/1994WHEREAS, the City Council recognizes the need for providing charitable assistance to citizens in financial distress to meet their municipal utility related costs, and WHEREAS, to provide for such assistance, the City has developed a program known as the Friendly Rock Program to supplement community aid programs, and WHEREAS, the City wishes to enter into an agreement with the Round Rock Community Service Council to administer the funds generated by the Friendly Rock Program, 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 an Agreement with the Round Rock Community Services Council to administer the funds generated by the Friendly Rock Program to provide charitable assistance for municipal utility related costs. RESOLVED this 22nd day of December, 1994. A TEST: *l. /. A p'• 11.4 NNE NNE LAND, City Secretary RESOLUTION NO. Q7 g — /Oh CHARLES C L PPER, Mayor City of Round Rock, Texas STATE OF TEXAS ) COUNTY OF WILLIAMSON ) AN AGREEMENT, made this 22nd day of December, 1994, between CITY OF ROUND ROCK, hereinafter known as CITY, and ROUND ROCK COMMUNITY SERVICES COUNCIL, a non -profit charitable organization, hereinafter known as AGENCY: WHEREAS, CITY and AGENCY recognize the need for providing charitable assistance to people in financial and physical distress (beneficiaries) including the poor, the disabled, the sick and the disadvantaged to meet municipal utility related costs essential to health and welfare; and WHEREAS, to provide such charitable assistance, CITY has developed a program, known as the Friendly Rock Program, said program having been designated to supplement, not replace, similar government and community aid programs; and WHEREAS, AGENCY is organized, in addition to other charitable purposes, to provide charitable assistance to people in financial and physical distress, including the poor, the disabled, the sick and the disadvantaged, and AGENCY recognizes that the Friendly Rock Program is a means for providing needed charitable assistance to people in financial and physical distress to meet energy - related costs essential to their health and welfare; NOW, THEREFORE, CITY and AGENCY AGREE AS FOLLOWS: 1. CITY will establish a fund to be used solely for assistance to needy individuals under the Friendly Rock Program. The CITY will implement procedures under which contributions may be made to this fund by others. 2. CITY may, from time to time, enter into agreements similar to this Agreement with other non -profit charitable organizations to further the charitable purposes of the Friendly Rock Program. 3. City will disburse and pay over to AGENCY, for the purposes of the Friendly Rock Program, any and all charitable contributions that are received by CITY from others situated in the area to which AGENCY ministers. Both parties acknowledge and agree that CITY will have agreements similar to this Agreement with other non -profit charitable organizations and the CITY'S good faith determination of the area to which the AGENCY ministers will be binding upon AGENCY. CITY will act merely as a conduit for such contributions made by others so that AGENCY and such other non -profit charitable organizations can use and apply such contributions for the charitable purposes of the Friendly Rock Program in meeting the needs of the poor, the disabled, the sick and the disadvantaged for municipal utility related goods and services. 4. AGENCY will accept donations from others made to it specifically for this program and will co- mingle such receipts with amounts received from CITY hereunder and use same for the charitable purposes of the Friendly Rock Program described herein. 5. AGENCY shall deduct from funds received pursuant hereto no more than five percent (5 %) for AGENCY'S costs of administering this program. AGENCY will, upon CITY'S request, submit a written report to CITY giving a detailed accounting of all receipts and disbursements under this program, covering such period or periods of time as CITY may specify but no Tess frequently than annually. CITY reserves the right to conduct an audit, at its own expense, of AGENCY'S handling of funds collected hereunder but CITY shall have no right to control and will not control or attempt to control this program, the control being exclusively vested in AGENCY and such other participating non -profit charitable organizations. 6. AGENCY will make payments for the purposes herein specified on behalf of beneficiaries directly to the supplier of municipal utility related goods or services, which may include, but is not limited CITY, for those municipal utility related goods and services keeping with the charitable purposes of AGENCY and the Friendly Rock Program, such as water service, waste water service, garbage pickup service or such other municipal utility related goods and services as AGENCY deems necessary to meet the needs of such beneficiaries. AGENCY will make no payments directly to any beneficiary or beneficiaries. AGENCY will be solely responsible for determining eligibility of beneficiaries. CITY will not participate in or in any manner influence or attempt to influence AGENCY'S determination of eligibility of any beneficiary or the type of municipal utility related goods or services that AGENCY determines is needed by any beneficiary or otherwise control or attempt to control the program or its charitable function and purpose of providing assistance to the poor, the disabled, the sick and the disadvantaged to meet municipal utility related costs essential to such beneficiaries' health and welfare. 7. AGENCY represents and warrants that it is an organization described in Section 501 (c) (3) of the Internal Revenue Code of 1954, as amended, is exempt from federal income taxes under Section 501(a) of said Code, and contributions to AGENCY are deductible from federal income taxes of the donor within the limits and guidelines of Section 170 of said Code. AGENCY covenants and agrees that it will take no action or omit to perform any act that will prejudice its status under said provision of said Code. 8. AGENCY consents to CITY'S use of AGENCY'S name in promoting and advertising the Friendly Rock Program and its charitable purposes and in the solicitation of contributions from others to and on behalf of AGENCY for such charitable purposes. 9. This agreement shall continue in full force and effect until terminated as herein provided. Either party, upon thirty days written notice to the other, may terminate this Agreement and neither party shall have any obligations hereunder after date of termination; provided, however, that any and all funds held pursuant hereto by AGENCY or CITY upon such termination shall be applied and expended for the charitable purposes herein described and CITY shall have no claim or right to any such funds. CITY OF ROUND ROCK AGENCY Tax Exempt No. T)N -�"� Title: R-ns.A .t RoLm, Roe J��J R RN E P CITY OF ROUND ROCK IMMIESEIBERVEMBEEMEI CI CHECK ❑ CASH ❑ M O 04/13194 05/12/94 1234567 ❑ CANCEL PLEDGE rr: 1 " — 1234 5678 99 WA 50.00 98 SW 20.00 GTX .50 1. M. CUSTOMER GA 10.00 123 ANYWHERE ST 85.00 ROUND ROCK, D( -85.00 78664 1.00 ; SERVICE AT: 123 ANYWHERE ST 05/12/94 05131194 PREVIOUS BILL AMT PAYMENT 04121/94 FRIENDLY ROCK GIFT TOTALo,[ W :7 •'- 7 " r' °,';ni �; ra•, 05112/94 05131194 W4 WNW SW S.nw TX Sao. fFw 123456 Phone: 15121 2651612 CODE EXPLANATION CITY OF ROUND ROCK 221 5. MOM Roma R. TX 780646299 3a S.,e.pe .P Pro,.v Yon PLEASE NUM Yaw piano prowl Y oformaaliM. er .at - W Pa d S dos Dorno poet due end an ndlweIv a ewe leo Fr ?er dy Rock - Voluntary pledge contribution to the Utility Customer Assistance Program. If you would like to help with this program, please contact our office for more information. To discontinue your pledge please indicate on reverse side. 81.50 123456 81.50 CITY OF ROUND ROCK 221 E Main Round Rock. TX 78664 -5299 OFP ICE HOURS Mon.. an 8:00 A.M. To 6:00 PM. Phone: 15121 2593612 DATE: December 20, 1994 SUBJECT: City Council Meeting, December 22, 1994 ITEM: 10. H. Consider a resolution authorizing the Mayor to enter into an agreement with the Round Rock Community Services Council. STAFF RESOURCE PERSON: David Kautz NARRATIVE AND STAFF RECOMMENDATION: In connection with the Friendly Rock Program, a program whereby the City's utility customers can contribute funds to be used by those customers having difficulty in making utility payments, the Round Rock Community Services Council (RRCSC) is willing to be the program administrator. For a nominal fee, the RRCSC will accept collected funds from the City, establish and monitor eligibility requirements of participants and distribute funding. The attached agreement covers these issues.