CM-08-02-050FRIENDLY ROCK PROGRAM AGREEMENT
This Friendly Rock Program Agreement ("Agreement") is by and between the City of
Round Rock ("Round Rock") and the Round Rock Serving Center ("Agency"), a non-profit
corporation. Pursuant to the terms of this Agreement, Round Rock hereby agrees to designate
the Agency as the entity which will administer the funds generated by the Friendly Rock
Program.
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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, providing
charitable assistance to people in financial and physical distress including the
poor, the disabled, the sick and the disadvantaged to meet municipal utility related
costs essential to health and welfare. To provide such charitable assistance,
Round Rock has developed the Friendly Rock Program, and now designates the
Agency to distribute the Friendly Rock Program donations to utility customers
within Round Rock who are having difficulty making municipal utility payments.
2. Use of Funds. The Agency understands that the funds provided to it by Round
Rock via the donors of the Friendly Rock Program will be used solely to assist
those customers who reside in Round Rock and are having difficulty making
municipal utility payments. The Agency may also accept donations from others
made to it specifically for this program and will co -mingle such receipts with
amounts received from Round Rock hereunder and use same for the charitable
purposes of the Friendly Rock Program described herein.
A. The Agency shall 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 to Round Rock,
for those municipal utility related goods and services keeping with the
charitable purposes of the 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 the Agency deems
necessary to meet the needs of such beneficiaries. The Agency shall make
no payments directly to any beneficiary or beneficiaries.
B. Round Rock will not participate in or in any manner influence or attempt
to influence the Agency's determination of eligibility of any beneficiary or
the type of municipal utility related goods or services that the 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.
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3. 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. In essence, Round Rock will act merely as a conduit for contributions
made by donors so that the Agency and such other non-profit charitable
organizations can use and apply such contributions for the charitable purposes of
the Friendly Rock Program.
4. 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;
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. Upon Round Rock's request, the Agency shall submit a written report to
Round Rock giving a detailed accounting of all receipts and disbursements
under this program, covering such period or periods or time as Round
Rock may specify;
f. The Agency shall provide to Round Rock financial reports and board of
director meeting minutes on a regular and timely basis as requested by
Round Rock;
g. The Agency shall provide adequate liability insurance coverage for the
Agency, and does hereby indemnify Round Rock and its employees, 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;
h. The Agency shall have an independent public accountant prepare an
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annual audit or review in accordance with generally accepted accounting
standards, and shall provide a copy of this audit to Round Rock;
i. 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;
J.
The Agency shall consent to Round Rock's use of the 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 the Agency for such charitable purposes.
5. Term of Agreement. This Agreement is effective as of October 1, 2007. The
terms of this Agreement will expire on September 30, 2009. This Agreement shall
continue in full force and effect until terminated as herein provided. Either party,
upon thirty (30) 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 the Agency or
Round Rock upon such termination shall be applied and expended for the
charitable purposes herein described.
6. 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.
7. Assignability. This Agreement cannot be assigned or transferred in any part
without the written consent of both Round Rock and the Agency.
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Round Rock Serving Center
By:
Title:
Date:
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City of Round Rock
By:
Title:
Date:
Attest:
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2qtKAA, vatitte
Sara White, City Secretary
For City, Approved as to Form:
. Sheets, City Attorney
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DATE: February 20, 2008
SUBJECT: City Manager Approval -February 22, 2008
ITEM: Consider a resolution authorizing the Mayor to enter into a
Agreement with the Round Rock Serving Center to administer
the funds generated by the Round Friendly Rock Program.
Department:
Staff Person:
Justification:
Funding:
Finance Department
Cindy Demers, Finance Director
This agreement allows the City of Round Rock to act as a
conduit for contributions made by donors so that the
Round Rock Serving Center can apply these contributions
for the public purpose of the Friendly Rock Program.
Additionally, the ten percent (10%) administration fee has
been removed from this Agreement
Cost: N/A
Source of funds: N/A
Background Information:
The City created the Friendly Rock Program in 1994
wherein the City's utility customers may contribute funds
to customers having difficulty in making utility payments.
Updated 3-10-05