R2021-185 2021-08-23RESOLUTION NO. R2021-185
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into an Agreement with the Friends of
Pearland Westside Library, Inc. to define the roles of the two parties.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Agreement by and between the City of Pearland and Friends of
the Pearland Westside Library, Inc., a copy of which is attached hereto as Exhibit "A" and made a
part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an Agreement with Friends of the Westside Library, Inc.
PASSED, APPROVED and ADOPTED this the 23rd day of August, A.D., 2021.
X di°
VIN COLE
MAYOR
AT : ST:
ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKE
CITY ATTORNEY
CONTRACT BETWEEN
THE CITY OF PEARLAND AND THE
FRIENDS OF PEARLAND WESTSIDE LIBRARY, INC.
This Contract is made between the CITY OF PEARLAND (y") and the FRIENDS OF
PEARLAND WESTSIDE LIBRARY, INC. ("Friends Group").
Recitals
The City and the Friends Group wish to enter into this Contract under which the City will provide
support to the Friends Group to facilitate the purpose of accepting sustainable charitable and
planned donations for Pearland's public library system. The Friends Group will utilize its
resources to raise public awareness in the community and raise money to support the continuing
growth and development of the public library system serviced by the County of Brazoria
including, but not limited to, library services, facilities, operation, maintenance, and programs of
the Pearland Westside Library that benefit the citizens of the City of Pearland.
Agreement
In consideration of the mutual promises of each, the City and the Friends Group agree as
follows:
A. Definitions. In this Contract:
City means the City of Pearland.
Friends Group means the Friends, of Pearland Westside Library, Inc.
Funds means any Funds raised pursuant to this agreement to support the continuing growth and
development of the public library system serviced by the County of Brazoria.
B. Friends Group Use of Funds.
1. Members of the Board of Directors are volunteers and shall not receive compensation for their
membership.
2. The Friends Group shall use any Funds received pursuant to this Agreement to support library
capital campaigns agreed to by both the City and Friends group, programs, services, facilities,
operations, and maintenance, and the acquisition of books, equipment, materials and/or services
that benefit the citizens of the City of Pearland.
C. Friends Group Budget, Reports, Accounts, and Records.
1. The Board President of the Friends Group shall provide a report to the City Council annually
describing the Corporation's activities and financial condition, including how the funds provided in
this Agreement have been used. The Friends Group agrees that the City's approval of this
Agreement creates a fiduciary duty in the Friends Group to expend the Funds only in accordance
with the terms of this Contract.
2. The Friends Group shall maintain complete and accurate financial records of all Funds
received and all expenditures of Funds made; and shall make the records available for
inspection and review upon request of the City.
D. City Support.
The City may, in its sole discretion, provide in -kind services to the Friends Group through the
provision of office space/equipment/supplies and staff time. The provision of support for the
Friends Group 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.
E. 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 Friends, and shall terminate on December 31, 2026; however, either party may terminate this
Agreement without cause by providing the other party thirty (30) days' written notice as provided
herein.
F. 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 Friends Group: President
Friends of Pearland Westside Library, Inc.
P.O. Box 2803 Business Center Dr., Ste 101
Pearland, Texas 77584
2. Assignment. This Contract may not be assigned by the Friends Group without prior written
consent of the City.
3. Entire Agreement. This Contract represents the entire agreement between the City and the
Friends Group 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 Friends Group,
CITY OF LAND FRIENDS OF PEARLAND WESTSIDE LIBRARY, INC.
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Cit anager Preside
Date: [� Date: �SL�` 11 , .1 di /
ATTEST/SEAL:
Roan, City Secretary