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HomeMy WebLinkAboutRes 19-13 WA Updating the Memorandum of Understand with Westlake Academy Foundation WESTLAKE ACADEMY RESOLUTION NO. 19-13 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES UPDATING THE MEMORANDUM OF UNDERSTANDING WITH THE WESTLAKE ACADEMY FOUNDATION. WHEREAS,the Board of Trustees desires to create the highest quality educational programs and learning environment on campus for our students; and, WHEREAS,the Board of Trustees has authorized affiliate groups to assist the Board in those endeavors; and, WHEREAS, the Westlake Academy Foundation is one of said affiliate groups and works to raise funds and provide grants to the Academy; and, WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1: that the Board of Trustees of Westlake Academy does hereby approve the Memorandum of Understanding, attached hereto as Exhibit "A"; and further authorize the Superintendent to execute this agreement. SECTION 2: that, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution WA 19-13 Page I of 6 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 5TH DAY OF AUGUST 2019. ATTEST: Laura Wheat, President Kelly dwar own Secretary APPROVED AS TO FORM: �{ 1--- 7� fan-et S- Bubert or L. Stanton Lowry, School Attorney Resolution WA 19-13 Page 2 of 6 Exhibit "A" MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (M O U) is entered into by and between the Town of Westlake ("Town"), as the charter holder of Westlake Academy ("Academy"), the Westlake Academy Board of Trustees ("Academy Board") and the Board of Directors ("Foundation Board") of the Westlake Academy Foundation (the "Foundation"), desiring to memorialize the nature of the relationship between these entities, ratify and approve past activities and mutually acknowledge, for the future,the respective obligations and rights of the parties. A. Public Purposes: The Town and the Academy Board have identified the following educational public purposes for the Academy's support of the Foundation: 1. Because of the uncertainty and restrictions inherent in the Texas public charter school finance system, the Academy must seek alternative sources of revenue in order to continue and/or enhance its education programs. 2. Maximization of alternative revenue sources requires strong community support. 3. Strong community support to assist the Academy in maximizing alternative revenue sources requires reciprocal commitment and support from the Academy. 4. The Academy has realized gains from its investment in the Academy Education Foundation through the provision cffacilities andpersonnel support. 5. The Foundation has provided grants to the Academy for capital improvements, professional development,and support for general operating expenses. 6. Continuation of the momentum achieved in maximizing alternative revenue sources through the Foundation requires a continual commitment from the Academy. 7. Community involvement in raising money for educational programs achieves a concurrent psychological and philosophical investment inthe Academy. 8. The community's legitimate expectation is that the Academy supports the Foundation through the Foundation's limited use of facilities, equipment and personnel. 9. Solicitations of revenue by the Foundation helps relieve the fundraising burden of the Town as the charter holder responsible for operations of the Academy and allows the Academy's Superintendent, administrators,teachers and staffto increase the focus on the Academy's educational mission. Resolution WA 19-13 Page 3 of 6 10. All net revenues from fund-raising activities will be used to further the Foundation's mission ofproviding financial support for the Academy. 11. In compliance with legal authority, which requires sufficient controls are in place to ensure that the use of the Academy's resources serve a proper educational purpose, it is necessary for the Town/Academy to have oversight over any individual who represents the Academy or the Foundation in seeking additional revenue sources. B. Commitment: The Academy Board agrees to provide the following to the Foundation, provided that the public purposes continue to be met and the controls identified herein continue to be implemented, and subject to the Academy Board's continuing right to refuse to appropriate the necessary funds in any budget year. All Academy support shall be within the sole discretion of the Academy's Board, and such support shall be monitored by the Academy Board and recorded in the accounting records as donations to the Foundation. 1. The Town Manager/Superintendent will designate and/or hire, supervise, evaluate, and manage an Executive Director/Director of Development position for the Town of Westlake and Westlake Academy that will perform a mutually agreed upon scope of services to adequately support the Foundation. 2. The Executive Director/Director of Development will report to the Town Manager/Superintendent(the Superintendent),or his/her designee, and perform various projects and tasks as identified by the Superintendent. The Superintendent(or designee)will be responsible for working with the Executive Director/Development Director to create and establish strategic goals and objectives for the position which will include support of the Foundation, as well as the Town/WA organization. Said goals will be established in consultation with the Foundation President. 3. This position will be evaluated at least annually by the Superintendent (or designee) who will solicit input from the Foundation President regarding the evaluation for the portion of job duties, goals, and objectives set for the Development Director that pertain to staff support of the Foundation. The final annual performance evaluation, as well as compensation and employment decisions for the Development Director, will be the responsibility of the Superintendent (or designee), and will include other evaluative criteria and expectations common to Westlake Academy/Town of Westlake senior management positions. 4. Employees of the Town/Academy who support the Foundation shall not be entitled to receive supplemental compensation directly from the Foundation. Resolution WA 19-13 Page 4 of 6 C. Responsibilities of Foundation: 1. The Foundation is an instrumentality of the Town with all the authority granted to a non-profit corporation organized in Texas and for the purpose of providing financial support to the Academy. 2. The Foundation agrees that, during the term of this Memorandum of Understanding,the Foundation will use its best efforts to solicit, collect, invest and administer funds for the benefit of the Academy. In compliance with legal authority which requires that the Academy show a return benefit to the Academy for the use of any public resources that create a private benefit, the Foundation agrees that, in each of the Foundation's fiscal years, the Foundation shall contribute more to the Academy than the value of the Academy's contribution to the Foundation or Academy funding may, in the Board's discretion, either cease or be decreased for the coming fiscal year. For purposes of this Agreement, amounts contributed to the Academy in any fiscal year shall not include monies donated as a result of school tours, grant requests, or general community development work unrelated to the Foundation's fund-raising events and campaigns. 3. The Foundation agrees that any person working on behalf of Westlake Academy and/or the Town of Westlake is subject to and must abide by all policies and procedures of the Academy and/or Town of Westlake. 4. The Foundation agrees that it will continue to recognize the Academy as the sole beneficiary of its solicitation programs. D. Controls: The Academy Board and the Foundation Board agree on the following controls,to ensure that aproper public educational purpose is served by this arrangement: 1. All Town of Westlake/Academy personnel that provide staff support to the Foundation shall be at-will employees of the Town/Academy, under the direct supervision and responsibility of the Town Manager/Superintendent (or designee). Additionally, as stated in Section B, the Town Manager/Superintendent (or designee) shall consult with the Foundation Board President or his/her designee regarding the portion of that employee's annual performance evaluation as it pertains to staff support provided to the Foundation, as well as any annual strategic goals and objectives set mutually via collaboration and consultation with the Town Manager/Superintendent and with the Foundation Board President. 2. The Foundation shall abide by all policies and procedures of the Town/Academy related to facility and equipment use, personnel, public information, and all other applicable policies. 3. The Foundation shall annually provide a cost-benefit evaluation to the Resolution WA 19-13 Page 5 of 6 Town/Academy regarding the Academy's investment in the Foundation and the Foundation's use of this investment for educational or public purposes. This evaluation shall be presented annually to the Academy Board at a public Board meeting. 4. In compliance with legal authority which requires that the Academy show a return benefit to the Academy for the use of any public resources that create a private benefit, the Academy shall determine each year, at the time of development of the Academy's budget, whether adequate consideration has been received from the Foundation in the previous fiscal year and will likely be received in the following fiscal year, to assist the Board in determining funding for the coming fiscal year. 5. The Foundation understands that, as a result of the Academy's investment in the Foundation, the documents of the Foundation are subject to the Texas Public Information Act, absent any specific exemption, and the Foundation agrees to abide by the Texas Public Information Act. This Memorandum of Understanding shall become effective on the last date signed by an authorized representative of either party. AGREED TO THIS 51" DAY OF AUGUST, 2019. i 44 ,& Westla e Academy Board of Trustees WA Foundation President President and Town of Westlake Mayor iloo Board of Trbktees Secretary WA Foundation ecretary Town Manager/Superintendent Resolution WA 19-13 Page 6 of 6