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