HomeMy WebLinkAbout16 COMM FDN M.O.U. 01-15-96DATE:
January 15, 1996
Inter-Com
NO. 16
1-15-96
TO:
FROM:
SUBJECT:
William A. Huston, City Manager
Community Services .Department
TUSTIN COMMUNITY FOUNDATION
MEMORANDUM OF UNDERSTANDING
Recommendation:
Pleasure of the Council.
Background:
The Foundation Board Of Directors is requesting that the attached Memorandum of Understanding
be executed with the City of Tustin.
The purpose of the Memorandum is to set clear operating perimeters and responsibilities for both
entities, specifically in the areas of meeting support and record keeping, and financial matters.
Under Board direction, staff from the Community Services and Finance Departments worked
closely with the Subcommittee to ensure that the agreed upon commitments are realistic, based
upon current resources available. At the January 9, 1996, Special Meeting, the Board voted to
have the Memorandum agendized for Council consideration.
Staff encourages periodic review of the Memorandum. As the Foundation grows, demands for
additional City resources may require renegotiating responsibilities, as well as compensation for
City-provided service.s.
Terry Riggins, immediate past president of the Foundation, will be present to answer any
questions the City Council may have.
ocs
SC
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF TUSTIN AND THE
TUSTIN COMMUNITY FOUNDATION
This Memorandum of Understanding is made and entered into by and between the
CITY OF TUSTIN ("City") and the Tustin Community Foundation ("Foundation").
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RECITALS
The City Council authorized the formation of a' non-profit corporation to raise
funds for various community projects and services that benefit the community.
On July 7, 1993, the Tustin Community Foundation was incorporated.
The City Council and the Foundation Board of Directors wish to further the
cooperative efforts between them.
This Memorandum of Understanding defines the nature of the c. ooperative
effort.
NOW, THEREFORE, in consideration of these recitals and other considerations
herein set forth, the City and the Foundation mutually agree to the following:
POINTS OF MUTUAL UNDERSTANDING
THE CITY WILL:
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ITEMS RELATED TO MEETING SUPPORT AND RECORD KEEpiNG
1. Provide all archiving functions for the Tustin Community Foundation
through the City Clerk's office.
2.
Provide staff support to the Foundation.
Director of Community Services.
Staff will be assigned by the
Se
Assemble, post and mail meeting agendas and keep and transcribe
meeting minutes.
Prepare and process amendments to the Bylaws and Articles of
Incorporation of the Foundation.
' .
File the required annual statement with the Internal Revenue' Service
and the State Franchise Tax Board.
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6. Maintain the official board member rotation schedule. Additionally, the
City, through the City Clerk's office, will advertise for Board
replacements.
7. Prepare all official Board correspondence, except donor related or
solicitory materials.
8. Maintain mailing lists used by the Foundation.
9. Provide officer and director insurance for the Foundation through the
City's insurance carrier.
10. Be responsible for the purchase of Foundation approved donor gifts. The
gifts will be purchased from Foundation funds.
11. Provide a quarterly detailed listing of pledges received by name, donor,
date and program.
ITEMS RELATED TO FINANCIAL MANAGEMENT
1. Provide the following financial reports quarterly, in a format acceptable
to the Foundation.
.
a. Balance Sheet
b. Revenue and Expense statements
Except for invoicing for pledges, provide accounts receivable and payable
services for donations and contributions authorized by the Foundation.
THE FOUNDATION WILL:
A!
Provide an approved work plan that will be formulated into an Annual
Services Agreement between the City and the Foundation. This should be
completed each December' in order to be in place for the Foundation's annual
'meeting in January.
B,
Report annually to the City Council on activities completed during the previous
year and goals/work plans for the succeeding year.'
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Be responsible for an annual, independent audit' or financial review, as
specified in the Annual SerVices Agreement.
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Be responsible for all solicitation, donor,-and tracking activities, which include,
but are not limited to the following:
1. Solicitation of contributions.
.
Monitoring and invoicing for pledge and payment records.
.
Preparation of donor acknowledgements.
4. Delivery of gifts to donors.
This Memorandum of Understanding is a continuing document; however, it may be
amended in writing by mutual consent of both parties. Either party may terminate
this memorandum, or any part of it, for any reason, 'after giving the other party a six
month prior written notice.
Dated
CITY OF TUSTIN
By
Title
Dated
TUSTIN COMMUNITY FOUNDATION
By
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