R-01-09-13-15C1 - 9/13/2001 RESOLUTION NO. R-01-09-13-15C1
WHEREAS, the City of Round Rock recognizes the need for providing
charitable assistance to citizens in financial distress and physical
distress 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 for such assistance, the City of Round Rock
has developed a program known as the Friendly Rock Program to
supplement community aid programs for municipal utility related goods
or services; and
WHEREAS, the City of Round Rock wishes to enter into an agreement
with the Round Rock Serving Center 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 of Round Rock an Agreement with Round Rock Serving
Center to administer the funds generated by the Friendly Rock Program
to provide charitable assistance for municipal utility related costs,
a copy of said Agreement being attached hereto as Exhibit "A. "
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
::ODMA\WORLDOX\O:\WDOX\RESOLUTI\R10913C1.WPD/kw
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 13th day of September, 2001 .
C7; Air.4 'FJJ yz'
ROB T A. STLUKA, JR. , ayor
City of Round Rock, Texas
ATTEST:
(J% Ir,U -
JO E LAND, City Secretary
FRIENDLY 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.
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, 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.
1.2 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 deduct from the funds received no more than five percent
(5%) for Agency's cost of administering the Program.
b. 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.
C. 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
::ODA\WORLDOX\O:\WDOX\CORR\GNL\FUNDFORM\00010530.WPD/kw 1 EX
MHIBIT
"All
poor,the disabled,the sick, and the disadvantaged to meet municipal utility
related costs essential to such beneficiaries' health and welfare.
1.3 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.
1.4 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
2
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 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.
1.5 Term of Agreement. This Agreement is effective as of October 1,2001. The terms
of this Agreement will expire on September 30, 2002.
a. 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 the Agency or Round Rock upon such termination
shall be applied and expended for the charitable purposes herein described.
1.6 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.
1.7 Assignability. This Agreement cannot be assigned or transferred in any part without
the written consent of both Round Rock and the Agency.
3
Round Rock Serving Center
By: Date:
Its:
City of Round Rock
Robert A. Stluka, Mayor Date
4
DATE: September 7, 2001
SUBJECT: City Council Meeting—September 13, 2001
ITEM: 15.C.1. Consider a resolution authorizing the Mayor to enter into a Friendly
Rock Program Agreement with the Round Rock Serving Center to
administer the funds generated by the Friendly Rock Program.
Resource: David Kautz, Finance Director
Irma Mendoza, Utility Billing Office Manager
History: The City developed the Friendly Rock program in 1994 wherein the
City's utility customers may contribute funds to customers having
difficulty in making municipal utility payments. The Round Rock
Community Services Council has formerly administered the donated
funds for the City but is no longer able to function in this capacity.
Currently, 83 customers are donating funds on a periodic basis in this
program with annual contributions approximating $1,000.
120 people were assisted with their municipal utility bills in the most
recent 12-month period.
Funding:
Cost:
Source of Funds:
Outside Resources: United Way has helped identify the agency suited for administering
this program
Impact/Benefit: Provides financial assistance for payment of municipal utility bills to
those customers in need of such assistance.
Public Comment: N/A
Sponsor: N/A
EXECUTED
DOCUMENT
FOLLOWS
VRIGINAL
FRIENDLY 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.
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, 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.
1.2 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 deduct from the funds received no more than five percent
(5%) for Agency's cost of administering the Program.
b. 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.
C. 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
::ODMA\WORLDOX\O:\WDOX\CORK\GNL\FUNDFORM\00010530.WPD/kw 1
poor,the disabled,the sick, and the disadvantaged to meet municipal utility
related costs essential to such beneficiaries' health and welfare.
1.3 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.
1.4 Principles and Controls. In administering the handling ofcontributed 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
2
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 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.
1.5 Term of Agreement. This Agreement is effective as of October 1,2001. The terms
of this Agreement will expire on September 30, 2002.
a. 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 the Agency or Round Rock upon such termination
shall be applied and expended for the charitable purposes herein described.
1.6 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.
1.7 Assignability. This Agreement cannot be assigned or transferred in any part without
the written consent of both Round Rock and the Agency.
3
Round Rock Serving Center
By: a.-C..� Date:
Its:
City of Round Rock
q-l3 �
o�
Rob A. Stlukat4ayor
Date
4