R-2015-055 2015-04-13RESOLUTION NO. R2015-55
A Resolution of the City Council of the City of Pearland, Texas,
authorizing a contract to define the roles and responsibilities of 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 13'h day of April. A.D., 2015.
ATTEST:
TR
APPROVED AS TO FORM:
11, 6k,
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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Resolution No. R2015-55
Exhibit "A"
CONTRACT BETWEEN THE
THE CITY OF PEARLAND AND THE
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 funding to the Foundation to help initiate 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 combination of the Initial Funds or Donated Funds.
B. City Payment of Funds to Foundation.
The City will pay to the Foundation 513,833.00 on or before May 1, 2015 ("Initial Funds"). In
addition, during the term of this Agreement the City shall make quarterly payments to the Foundation
for any funds received by the City through donations made to the Parks and Recreation Department
through the City's utility bills ("Donated Funds").
C. Foundation Use of Funds.
1. Members of the board are volunteers and shall not receive compensation for their membership.
2. The Foundation shall use any Funds received pursuant to this Agreement to assist with the
Foundation's startup costs which shall include, but not be limited to the following uses:
(a) Securing a Post Office Box;
(b) Securing a telephone and answering machine;
(c) Purchasing stationery and office supplies;
(d) Supporting the operation of a website;
(e) Payment of any bank fees for services provided in support of the Foundation; and
(f) Any other purpose that the City and the Foundation mutually agree is associated with the startup
cost of the Foundation.
D. Foundation Budget, Reports, Accounts, and Records.
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 how the funds
provided in this Agreement have been used. 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, 2020; however, either party may terminate this
Agreement without cause by providing the other party thirty (30) days' written notice as provided
herein. In the event this Agreement is terminated by either party, all Initial Funds or Donated Funds
not expended by the Foundation at the time of termination shall be returned to the City within ten (10)
days following the termination of the Agreement.
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
P.O. Box
Pearland, Texas 77588
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.
CITY OF P RLAND FOREVER PARKS FO
Cit
nager, Olay Pearson
Date: Apr
1 27, 2015
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