BOARD MEETING DATE: October 3, 2003
AGENDA NO. 3

Enter Into Agreement with Brain Tumor and Air Pollution Foundation Regarding Annual Report of Results Achieved and Compensation of Board Members

SYNOPSIS:

This action is to enter into an agreement with the Brain Tumor & Air Pollution Foundation (BTAP) for the Foundation to provide the AQMD Governing Board with a report annually of the grants issued by BTAP and a summary of the results achieved from the research conducted as a result of said grants. This will further authorize the compensation of BTAP Board Members consistent with AQMD policy regarding advisory groups.

COMMITTEE:

Administrative, September 12, 2003, Recommended for Approval

RECOMMENDED ACTION:

Authorize the Executive Officer to execute an agreement on behalf of AQMD with the BTAP providing that the BTAP report to the AQMD Board annually regarding the grants issued by BTAP and summarize the results achieved from the research conducted as a result of said grants, and further providing that BTAP Board Members are entitled to receive a per diem of $100 for each BTAP Board Meeting attended, plus mileage and parking expenses, in accordance with AQMD policy.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

South Coast AQMD has previously taken action to establish the Brain Tumor & Air Pollution Foundation. AQMD has granted funds to the BTAP which, in turn, grants monies for research into the link between brain tumors and air pollution.

Proposal

The AQMD Board would like the BTAP to provide an annual report summarizing the grants it has made and the results achieved from the research funded by those grants. In addition, it is appropriate to compensate the four members of the BTAP Board of Directors for attending BTAP meetings. The BTAP Board is not expected to meet more frequently than approximately 3 times per year. It is proposed that said compensation by a per diem of $100 for each BTAP meeting attended, and reimbursement of mileage and parking expenses. This is consistent with AQMD’s current policy regarding members of advisory groups. Compensation to a BTAP Board Member who is also a South Coast AQMD Board Member would be subject to the provisions of Health & Safety Code §40426.

Fiscal Impacts

Sufficient funds are currently budgeted to cover this proposal.

Attachment

Agreement Between South Coast AQMD and BTAP

AGREEMENT
between
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
and
BRAIN TUMOR & AIR POLLUTION FOUNDATION

                        AGREEMENT made this _____ day of October, 2003, by and between SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, a governmental agency with the primary purpose to reduce air pollution in Southern California for the Los Angeles, San Bernardino, Riverside, and Orange counties, with its principal office at 21865 E. Copley Dr., Diamond Bar, California, herein referred to as "District" and BRAIN TUMOR & AIR POLLUTION FOUNDATION, herein referred to as "BTAP" or "Foundation" interchangeably.

                        WHEREAS, the District is a governmental agency organized and formed pursuant to the laws of the State of California; and

                        WHEREAS, BTAP is a California non-profit public benefit corporation organized and formed pursuant to the laws of the State of California for the purpose (i) to aid, assist, and support research on the incidence, detection, causes and cures of brain tumors; and (ii) to receive and utilize funds acquired through the solicitation of donations, gifts, and bequests for the purposes for which the corporation was formed; and

                        WHEREAS, District has provided grant funds to BTAP in the past and is likely to do so in the future to assist BTAP in achieving the purposes stated hereinabove and District desires to receive periodic reports from BTAP of the efforts undertaken by BTAP and the results achieved; and

                        WHEREAS, District recognizes that the individuals who serve on the BTAP Board of Directors have education and experience appropriate to said service and District desires to provide compensation to said individuals in the form of a nominal per diem payment and reimbursement of mileage and parking expenses for BTAP Board Members when they conduct the business of BTAP;

                        NOW, THEREFORE, in consideration of the mutual promises herein contained, District and BTAP agree as follows:

I.	The term of this Agreement is one year from the date of execution and shall renew automatically for one year periods until five years have elapsed or unless modified sooner in writing by the parties.
II.	Subject to the provisions of Health & Safety Code §40426 relative to BTAP Board Members who are also District Board Members, District agrees to pay each BTAP Board Member a per diem of $100 and reimburse mileage and/or parking expenses in accordance with District’s policies in existence regarding mileage and/or parking expenses for said BTAP Board Member’s attendance at a BTAP Board of Directors meeting or meeting of any committee established by the Board of Directors on which the attendee is a designated member.
III.	BTAP agrees to provide District with a report at least annually of the recipients of grants funds, the amount each recipient received, how the funds were expended by the recipient, and a report of progress made in achieving the goals established by the grantee to receive said funds.

Executed at Diamond Bar, California on the _____ day of October, 2003

 

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT	BRAIN TUMOR & AIR POLLUTION FOUNDATION
By:____________________________            Barry R. Wallerstein, D.Env.            Executive Officer	By:____________________________            Michael D. Antonovich            Chairman
APPROVED AS TO FORM: Barbara Baird, District Counsel
By_______________________________________     Kurt Wiese, Principal Deputy District Counsel

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