Loading...
HomeMy WebLinkAboutR2026-007 20260112RESOLUTION NO. R2026-7 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract (5-year initial term with 5-year renewal terms approved administratively) 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 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 12th day of January, A.D., 2026. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 8098862D-ACFD-4202-B0B4-7CBAE34E5141 AGREEMENT BETWEEN THE CITY OF PEARLAND AND THE FOREVER PARKS FOUNDATION OF PEARLAND This Agreement is dated and effective as of the day signed by the parties hereto, CITY OF PEARLAND, TEXAS, acting by and through its Director of Parks & Recreation (“City”) and THE FOREVER PARKS FOUNDATION OF PEARLAND (“Foundation”) acting by and through its President; collectively the (“Parties”). RECITALS WHEREAS, the City is a home-rule municipality that owns, operates, and maintains public parks, recreation facilities, and related amenities for the benefit of its residents; and WHEREAS, the Foundation is a nonprofit 501(c)(3) corporation organized for charitable purposes, including the support and enhancement of public parks, recreation and quality of life amenities within the City; and WHEREAS, the opportunities for collaborative fundraising, planning, program development and implementation, advocacy for parks and recreation activities, and other related initiatives call for a partnership approach to creating such benefits for the community; WHEREAS, City and Foundation wish to enter into this Agreement under which the City will provide support to the Foundation to help its purpose of accepting sustainable, charitable, and planned donations, and receiving and managing revenue from the sale of naming rights, for parks and recreation facilities in Pearland; and WHEREAS, the City and Foundation agree 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; and WHEREAS, the Parties further acknowledge that, while the Foundation shall retain discretion over the management and investment of its assets, the expenditure of funds pursuant to this Contract shall be limited to projects, programs, facilities, events maintenance, and beautification projects that have been identified or approved by the City as aligning with its parks and recreation priorities and plans; and WHEREAS, it has been determined that a partnership between the City and Foundation is in the best interest of the parties, the citizens of Pearland, and others that benefit from the combined efforts of the City and Foundation. NOW THEREFORE, City and Foundation, agree as follows: In consideration of the mutual promises of each, the City and the Foundation agree as follows: Docusign Envelope ID: 8098862D-ACFD-4202-B0B4-7CBAE34E5141 Section I – SCOPE OF PARTNERSHIP The Parties are separate entities with separate administrative operations and authorities. However, the common interests and collaborative scope of work for this Agreement will involve the parties’ joint efforts toward the acquisition, protection and/or improvement of selected land and facilities owned and controlled by City. The overall objective of the partnership shall be Parks & Recreation vision by fostering quality facilities, programs, and services that connect the Pearland community through exceptional experiences. Specifically, the Parties will work together towards the following: • Planning, design, engineering, land acquisition, other non-construction, and construction of parks and recreation facilities within the corporate boundaries of the City of Pearland; • Special events and programs involving the partnership between City and Foundation; • Fundraising and advocacy aimed at improving the financial position of the collaborative efforts intended by this Agreement; and • Resource development for parks and recreation programs and services Fundraising shall be the primary focus of the partnership, which may involve opportunities to secure funding from various public and private sources. Political advocacy, lobbying, and other interactions involving elected officials and other lawmakers shall be carefully coordinated with other community priorities, so as to avoid conflicts. The Parties shall consult one another via Liaison and City’s Office of External Affairs on matters involving public grants or politically allocated government funds, such as congressional and/or State appropriations. Section II – CITY ROLE AND RESPONSIBILITES A. The City shall identify priority projects, programs, and capital improvements eligible for Foundation support. B. The City shall retain final authority over the approval and use of all Foundation funds applied to City-owned or City-controlled assets. C. City, recognizing the importance of maximizing the fiscal impact of the Partnership, may provide reasonable, in-kind supportive resources through the provision of office space/equipment/supplies, reasonable staff coordination, project information, branding support, and access to facilities for approved fundraising purposes as support for the Foundation. The provision of support for the Foundation shall be authorized and monitored by the Director of Parks & Recreation and shall not conflict with any policies or ordinances of the City of Pearland. D. Nothing in this Agreement shall require the City to appropriate public funds to the Foundation. Section III – FOUNDATION ROLE AND RESPONSIBILITIES A. The Foundation shall solicit, receive, manage and steward charitable contributions, naming rights revenue, grants, and planned gifts to benefit parks, recreation, and related public amenities owned, leased, and operated by the City. B. The Foundation shall manage and invest funds in accordance with applicable laws, donor restrictions, and sound financial practices. C. The Foundation shall not represent itself as having authority to obligate the City financially or contractually. D. The Foundation shall maintain its status as a nonprofit organization in good standing under Docusign Envelope ID: 8098862D-ACFD-4202-B0B4-7CBAE34E5141 Section 501(c)(3) of the Internal Revenue Code. Section IV – FINANCIAL PARTNERSHIP Because the fundraising component of the partnership may involve the transfer of funds between parties, City and Foundation agree to the following: A. Purpose and Permitted uses of Financial Resources Financial resources provided or managed under this Agreement may be used solely for City approved parks and recreation purposes, including but not limited to: • Parkland acquisition – The purchase or acceptance of land or property interests to expand or preserve the public park system. • Planning, design and construction services for park projects – Professional services related to the conceptual planning, architectural and engineering design, and construction of park and recreation facilities. • Capital park and recreation facility improvements – Major investments that provide new or extend the useful life, capacity, or functionality of parks and recreation facilities, including replacement of significant infrastructure or systems. • Park facility development or renovation – The creation of new park amenities or the rehabilitation, modernization, or expansion of existing park facilities. • Recreation program enhancements – Improvements or additions to recreation programs, services, or offerings that increase access, quality, participation, or community benefit. • Parks equipment and operations support – The purchase of equipment, technology, or resources necessary to support day-to-day park and recreation operations and service delivery. • Park maintenance and beautification projects – Projects focused on the upkeep, repair, landscaping, and aesthetic enhancement of parkland and park facilities. • Foundation operational expenses – Reasonable administrative and operating costs necessary for the Foundation to carry out its mission and support park and recreation initiatives. - All expenditures made pursuant to this Agreement must align with City approved projects, budgets, and priorities. The Foundation shall obtain written confirmation from the City prior to committing resources to any project or initiative. B. Private Donations and Contributions a. The Foundation shall be the preferred recipient of private donations and contributions intended to support parks and recreation projects under this Agreement and shall manage such resources in accordance with its bylaws and the terms of this Agreement. b. The Foundation shall maintain an accurate and detailed accounting of all private donations, documenting, to the extent available: i. Donor name and address ii. Contribution amount iii. Date of contribution Anonymous donations shall be documented by amount and date, with notation of donor anonymity. Anonymous donors shall be permitted to receive an acknowledgement letter for tax purposes. c. If the City receives private donations through City-operated point-of-sale systems, employee giving programs, or similar financial instruments, the City shall transmit such amounts to the Foundation no less than once per fiscal year. d. Funds received by the Foundation for a City project shall be transferred to the City upon request following contract award for the related project and prior to execution of a fully executed contract, unless otherwise agreed in writing. Docusign Envelope ID: 8098862D-ACFD-4202-B0B4-7CBAE34E5141 C. Public Funds and Grant Funding a. The City shall be the preferred recipient of all public funds. b. Any transfer or use of public funds or grant funds between the parties shall comply with all applicable federal, state, and local statutory and regulatory requirements. c. Where grant funds are provided by one party to the other, a separate recipient or subrecipient agreement shall be executed governing compliance, reporting, and use requirements. d. The parties agree to consult collaboratively as needed to clarify grant-related terms and conditions. D. Payments Between Parties a. During the term of this Agreement, the City shall make payments to the Foundation at a minimum of once per fiscal year for any donations received by the City on behalf of parks and recreation initiatives. b. During the term of this Agreement, the Foundation shall remit payments to the City upon request, for financial resources raised by the Foundation for City parks and recreation programs, events, or projects. E. Payments to Contractors a. The City shall be the sole responsible party for making payments to contractors for all construction activities. b. By mutual agreement, the Foundation may serve as the responsible party for payments related to non-construction activities, including but not limited to planning, architectural design, fundraising, and consulting services, provided such activities do not involve land acquisition. F. Financial Management and Restrictions a. All financial resources subject to this Agreement shall be treated as restricted and used only for purposes authorized herein. b. Members of the Foundation governing board serve as volunteers and shall not received compensation from financial resources governed by this Agreement. c. Each Party shall apply its established financial management and accounting practices, using appropriate cash or accrual methodologies. d. Financial resources may only be used in furtherance of the approved Scope of Partnership Activities. G. Budgeting, Reporting, Accounts, and Records a. The Parties shall manage budgets, accounts, and records in accordance with their respective bylaws and policies and in a manner that allows tracking of multiple projects concurrently. b. In accordance with the Foundation’s bylaws, the Foundation president shall provide the City with periodic reports describing the Foundation’s activities and financial condition, including a financial report accounting for all revenues and expenditures. c. Either Party may request financial reports from the other, which shall be provided in a timely manner. d. The City’s approval of this Agreement creates a fiduciary duty for the Foundation to expend financial resources solely in accordance with the terms of this Agreement. e. The Foundation shall maintain complete and accurate financial records of all expenditures and shall make such records available for inspection and review upon request by the City. H. Donor and Grant Restrictions a. The Foundation may accept restricted gifts and grants with prior approval from City. b. City retains the right to reject any restricted donations or grants that is inconsistent with City policies, priorities, or legal requirements Docusign Envelope ID: 8098862D-ACFD-4202-B0B4-7CBAE34E5141 Section V - LIAISON There shall be an official liaison assigned by each party, for the purposes of identifying the specific representative responsible for day-to-day interaction between the Parties. The primary responsibility of the liaisons shall be to advocate for the Scope of Partnership, as well as to promote and facilitate communication between the parties, stakeholders, and fundraising objectives. For the purposes of this Agreement, the representative liaison for each party shall be: City Foundation Special Events & Development Manager President Pearland Parks & Recreation Department Forever Parks Foundation of Pearland 4141 Bailey Road 4141 Bailey Road Pearland, TX 77584 Pearland, TX 77584 Section VI – GENERAL TERMS AND CONDITIONS A. Insurance Requirements General Requirements. Foundation shall procure and maintain in full force and effect such insurances as is required by this Contract. Policies of insurance shall be written by companies authorized to write such insurance in the State of Texas and be on forms properly filed and approved by the State of Texas. Organization shall furnish and deliver the certificate of insurance to City a minimum of thirty (30) days prior to the Event. Liability Insurance. Organization shall obtain the following insurance policies prior to the commencement of any activities at the Property: i. Commercial General Liability Including Automobile. A commercial general liability insurance policy with combined limits of liability for bodily injury or property damage as follows (requirements are shown as listed on a standard form certificate of insurance): $1,000,000 Per Occurrence $1,000,000 Policy Aggregate $1,000,000 Personal and Advertising Injury The policy of insurance must include coverage for all activities performed by Foundation and shall specifically insure the hold harmless provisions of this Contract. The insurance required by this paragraph shall provide coverage for the entire duration of the Contract and all associated activities conducted by Foundation by and through this Contract. CITY OF PEARLAND SHALL BE NAMED AN ADDITIONAL INSURED AND FOUNDATION SHALL PROVIDE CITY WTH AN ADDIITONAL INSURED ENDOREMENT CERTIFICATE and INCLUDE A WAIVER OF SUBROGATION ENDORSEMENT IN FAVOR OF THE CITY for the General Liability Foundation will assume all risks of injury to person and damage to or loss of property arising out of an incident in any way to the above mentioned activities, and agrees to hold harmless the City, including but not limited to, any of its agents, officers or employees, in both their private and public capacities, from and against any and all damages, costs, expenses and attorney’s fees for all claims and suits, including but not limited to claims for death, personal injury and property damage, for any accident or injury related to the use of the facility. B. Agreement Term This Agreement shall be effective for a period of five (5) years (initial term) and may be renewed via administrative execution every five (5) years by the undersigned representatives, or those holding the authorized positions of the undersigned at the Docusign Envelope ID: 8098862D-ACFD-4202-B0B4-7CBAE34E5141 time of renewal. No governing body action by either party is required for renewal of this agreement. C. Termination for Convenience Either party may terminate this Agreement with ninety (90) days written notice to the other Party. However, termination of the Scope of Partnership shall be subject to consultation and determination by the Parties if the Parties are engaged in a project subject to this Agreement and fundraising and/or development goals and objectives remain unmet, requiring continuity of operations. D. Effect of Termination Upon termination: • All donated funds held by the Foundation shall be paid to City • The Foundation shall cooperate fully in transferring records, financial statements, and pending projects to the City • Within sixty (60) days of termination, the Foundation shall provide a final comprehensive accounting of all funds and expenditures • Any projects in progress shall be completed in accordance with applicable City approvals unless otherwise agreed in writing E. Modifications and Assignments All terms and conditions of this Agreement may be modified by mutual written agreement of the Parties, subject to approval by the governing bodies of the Parties. No assignments or re- assignments shall be made without mutual consent by the governing bodies of the Parties. F. Notices Any notice provided pursuant to this Agreement must be provided via certified registered mail, 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 G. Entire Agreement, Venue, and Controlling Law This Contract represents the entire agreement between the City and the Foundation and supersedes all prior negotiations, representations, or contracts, either written or oral. The validity, interpretations, and performance of this Agreement shall be governed by the laws of the State of Texas This Agreement is primarily performable in Brazoria County, Texas, and the sole and exclusive venue for any action arising out of the Agreement shall be in Brazoria County, Texas. Docusign Envelope ID: 8098862D-ACFD-4202-B0B4-7CBAE34E5141 As authorized by each of the Parties’ respective governing bodies, the undersigned hereby execute this Agreement on behalf of the City and Foundation. CITY OF PEARLAND FOREVER PARKS FOUNDATION OF PEARLAND ____________________________ ____________________________ City Manager President City of Pearland Forever Parks Foundation Date: ______________________ Date: ______________________ Jeff Webb (Dec 19, 2025 13:33:24 CST) 19/12/2025 Docusign Envelope ID: 8098862D-ACFD-4202-B0B4-7CBAE34E5141 1/13/2026 | 2:52 PM CST