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R2020-252 2020-11-23 RESOLUTION NO. R2020-252 A Resolution of the City Council of the City of Pearland, Texas, amending a contract between the City and the Forever Parks Foundation of Pearland. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain amended contract between City and the Forever Parks Foundation of Pearland, attached hereto as Exhibit"A" and made a part hereof for all purposes, is hereby authorized and approved. PASSED, APPROVED and ADOPTED this the 23rd day of November, A.D., 2020. VIN COLE MAYOR ATT , C Y AL ROAN, TRM , CMC ,,N(< ,••' O j'�s CITY SECRETARY L cn APPROVED AS TO FORM: rt, 04v1-,--‘ DARRIN M. COKER CITY ATTORNEY RE C E IV E ®Exhibit A FEB 12 2021 CONTRACT BETWEEN THE CITY OF PEARLAND THE CITY OF PEARLAND AND THE CITY SECRETARY'S OFFICE FOREVER PARKS FOUNDATION of Pearland This Contract is made between the CITY OF PEARLAND and the FOREVER PARKS FOUNDATION of Pearland. Recitals The City of Pearland and the Forever Parks Foundation of Pearland wish to enter into this Contract under which the City will provide support to the Foundation to help its purpose of accepting sustainable charitable and planned donations for parks facilities in Pearland. Contributions to the Foundation will support acquisition,ownership,construction, development,improvement,operation, or maintenance of land and facilities owned or controlled by the City for activities that include recreation, entertainment,sports,the arts, and similar activities that might benefit the citizens of the City of Pearland. Agreement In consideration of the mutual promises of each,the City and the Foundation agree as follows: A. Definitions. In this Contract: City means the City of Pearland. Foundation means the Forever Parks Foundation of Pearland. Funds means any Donated Funds received by City or Foundation. Liaison means a City of Pearland staff member with the limited responsibility to promote and facilitate communication and advocate for the Foundation. B.Payment of Funds 1. During the term of this Agreement the City shall make payments twice a year to the Foundation for any funds received by the City through donations made via a City point-of-sale or similar financial instrument. 2.During the term of this Agreement the Foundation shall make payments twice a year to the City for any funds raised by the Foundation for Parks and Recreation programs, events, and projects. C. Foundation Use of Funds. 1. Members of the board are volunteers and shall not receive compensation for their membership. 2. The Foundation will manage and invest funds to benefit the citizens of the City of Pearland through the support of City acquisition,ownership,construction,development,improvement, operation, or maintenance of land and facilities owned or controlled by the City for activities that include recreation,entertainment,sports,the arts,and similar activities not listed or referenced. D. Foundation Budget,Reports,Accounts,and Records. Exhibit A 1. In accordance with the Bylaws of the Foundation,the president shall provide a report to the City Council describing the Corporation's activities and financial condition, including a financial report appropriately accounting for all revenues and expenses. The Foundation agrees that the City's approval of this Agreement creates a fiduciary duty in the Foundation to expend the Funds only in accordance with the terms of this Contract. 2. The Foundation shall maintain complete and accurate financial records of each expenditure of the Funds and will make the records available for inspection and review upon request of the City's representative. E. City Support. The City of Pearland may,in its sole discretion,provide in-kind services for the Foundation through the provision of office space/equipment/supplies and staff time allocated to function as support for the Foundation. The provision of support for the Foundation shall be requested by action of the Board of Directors and authorized and monitored by the Director of Parks&Recreation and shall not conflict with any policies or ordinances of the City of Pearland. F. Term and Termination. The term of this contract shall be effective on the last date of which it is executed by the City and the Foundation,and shall terminate on December 31,2025;however,either party may terminate this Agreement without cause by providing the other party thirty(30)days' written notice as provided herein. G. Miscellaneous Provisions. 1. Notice. Any notice provided pursuant to this Contract will be effective when deposited in the United States mail, either certified or registered mail,postage prepaid and addressed to the parties as follows: To the City: City Manager City of Pearland 3519 Liberty Drive Pearland,TX 77581 To the Foundation: President Forever Parks Foundation of Pearland 4141 Bailey Road Pearland,Texas 77584 2. Assignment. This Contract may not be assigned by the Foundation without prior written consent of the City. 3.Entire Agreement. This Contract represents the entire agreement between the City and the Foundation and supersedes all prior negotiations,representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties. From time to time, as mutually agreed,the City will provide assistance to the Foundation. Exhibit A CITY OF PEARLAND FOREVER PARKS FOUNDATION OF PEARLAND City Manag President Date: 722 't'eG ,L=2° Date: f?-I?""! I?"a-0 ATTEST/SEAL: s Roan, C,CMC City Secretary Reviewed for Legal Compliance: