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HomeMy WebLinkAbout026250 RES - 05/10/2005 1 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH FRIENDS OF THE PARKS, INC REGARDING MEMORIAL TREE AND BENCH PROGRAM Whereas, the vision of the Friends of the Parks, a Texas nonprofit corporation, is "Green, lush, tree laden parks that are safe havens for rest and recreation"; and Whereas, Friends of the Parks focus on local efforts to promote the development of City parks for our communities in a way that improves the environment, attractiveness and functionality of parks to meet the diverse needs of the community; and Whereas, Friends of the Parks emphasizes trees through a Memorial Bench and Tree program; and Whereas, all the trees to be planted through the Memorial Bench and Tree program will be determined by the Parks and Recreation Department and must be 1 Y:," to 2" caliber with available irrigation systems; and Whereas, the cost of the memorial benches through the Memorial Bench and Tree program shall include the concrete pad, constructed in compliance with applicable Federal, State and Local laws and regulations, and shall be reimbursed to the Parks and Recreation Department; and Whereas, parks build cooperation, a strong sense of community, pride and respect and responsibility, and empowers the neighborhoods to be active participants; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi endorses and supports the efforts of Friends of the Parks in cooperation with the Parks and Recreation Department in the Memorial Bench and Tree Program and the organization of neighborhood associations for park development. The City Manager is authorized to execute an Agreement with the Friends of the Parks, Inc. for the Memorial Bench and Tree Program. The agreement is attached as Exhibit A and a copy is on file with the City Secretary. ATTE~~&~ Armando Chapa City Secretary ...A.. APPROVED: '3> day of ~ By: ~~ ~ Lisa Aguilar Assistant City Attorney for City Attorney ,2005. May 102005 Friends of the Park MOU.DOC 026250 Corpus Christi, Texas J ~ Dayof mT The above resolution was passed by the following vote: ,2005 Henry Garrett 0.1 Brent Chesney ~ Melody Cooper ~ Jerry Garcia CUr Bill Kelly ().;.^/-./ Rex Kinnison (lLt John E. Marez (J)) 10 Jesse Noyola (10L Mark Scott ~,c 02625() -.. _._--~ .- Page 1 of 4 AGREEMENT between CITY OF CORPUS CHRISTI and FRIENDS OF THE PARKS, INC. regarding MEMORIAL TREE AND BENCH PROGRAM Whereas, the Friends of the Parks, a Texas nonprofit corporation with mailing address of , Corpus Christi, Texas, has proposed a Memorial Tree and Bench Program as a service to the Corpus Christi Parks and Recreation Department; Whereas, the Memorial Tree and Bench Program ("Memorial Program") allows donors to contribute funds to the Friends of the Parks, for purchase of trees or benches, for placement in City parks; Whereas, through the Memorial Program, tree planting will occur between November and February; Whereas, donations less than the cost of a tree and planting shall be accumulated to purchase a grove of trees; Whereas, price for memorial park benches and installation shall be determined by the Parks and Recreation Department; Now, therefore, this Agreement regarding a Memorial Bench and Tree Program is executed this day of , May 2005, between the City of Corpus Christi, Texas, ("City") and the Friends of the Parks, a Texas nonprofit corporation. The City and Friends agree as follows: A. Friends of the Parks shall: 1. Develop a Memorial Tree and Bench Program donation program for the community and businesses, whereby donations shall be used for purchase of memorial trees and benches to be placed in City parks, and the operational costs of the Friends of the Parks in administering the Memorial Program. 2. Utilize donated funds to purchase trees 1;;''' to 2" caliber in a species specified by the City Director of Parks and Recreation Department or designee. 3. Agree that tree plantings and bench installations shall only take place in the parks predetermined by the Director of Parks and Recreation Department or designee. 4. Utilize donated funds to purchase benches as approved by the Parks and Recreation Department. 5. Provide funding for all aspects of the Memorial Program, including installation costs, concrete pads, tree purchase, bench purchase, and memorial plaque purchase. 6. Assist neighborhood groups with development of park issues and master plans. 7. Coordinate programs with the Parks and Recreation Advisory Board. 8. Expand programs and services as Friends of the Parks membership increases through mutual agreement of the Parks and Recreation Department and Friends of the Parks. 9. Keep the donor(s) informed of the status of their memorial tree or bench, and present written quarterly notification to donor of project completion. 10. Provide the City Director with a quarterly statement of total funds donated for the Memorial Program. LEG-DIR\Lisa\1800\Park - Memorial Tree & Bench MOU - April2005.doc EJdt I ~ l'I It - .. --- - Page 2 of 4 B. The City, acting through the City Director of Parks and Recreation Department or designee, shall: 1. Administer the Memorial Program. 2. Determine the location of parks that are available for tree plantings. 3. Plant trees. 4. Perform Irrigation assessment of tree planting sites. 5. Provide water for plant development. 6. Install memorial benches and concrete pads. 7. When neighborhoods call to develop a park, the City shall refer them to Friends of the Parks for assistance. 8. Assist with Master Planning for neighborhood park development. 9. Keep Friends of the Park President informed of memorial tree and bench installation dates. C. Implementation. The City Manager and President of the Friends of the Parks are authorized and directed to take all steps necessary or convenient to implement this Agreement. D. Administrative Services. The City and the Friends of the Parks agree to provide administrative services necessary to coordinate this Agreement, including providing the other party with a current list of contact information for each party. E. Expendinq Funds. Any payment made by the City for any of the costs or expenses that the City incurs pursuant to this Agreement shall be made out of current revenues available to the paying party. F. Term. Once approved by all Parties, the term of this Agreement is May 1, 2005 through April 30, 2006. This Agreement may be continued for up to five additional one year terms. However, this Agreement may be terminated with or without cause upon thirty days written notice to the other party. G. Severabilitv. If any portion of this Agreement, or its application to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affected and shall continue to be enforceable in accordance with its terms. H. Breach. Any breach of this Agreement now or through the term shall render the Agreement null and void. I. Notices. Any notice, correspondence or payment made pursuant to this Agreement must be made by (a) depositing the same in the United States mail, postage prepaid, addressed as follows, or (b) delivering the same to the other Party. Any notice given in accordance with (a) shall be effective upon deposit in the United States mail, and the addresses of the Parties shall, until changed by written notice, be as follows: To the City: City of Corpus Christi City Manager LEG-DIR\Lisa\1800\Park - Memorial Tree & Bench MOll - April 2005.doc - - - Page 3 of 4 P. O. Box 9277 Corpus Christi, Texas 78469-9277 To the Friends of the Parks, Inc.: Attn: President Corpus Christi, Texas 78401 J. Amendments or Counterparts. This Agreement may not be amended except by written Agreement approved by the City Manager and the President of the Friends of the Parks. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original an dall of which shall constitute but one and the same instrument. K. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. L. Governinq Law and Venue This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. M. Approval. All Parties identified below agree to the provisions and terms of this Agreement. FRIENDS OF THE PARKS, INC. By: Name: Title: Date: CITY OF CORPUS CHRISTI By: George K. Noe City Manager Date: Attest By: Armando Chapa City Secretary Approved as to legal form: 2005 By: Lisa Aguilar Assistant City Attorney for City Attorney LEG.DIR\Lisa\1800\Park. Memorial Tree & Bench MOU. April2005.doc - - .-' - Page 4 of 4 ACKNOWLEDGEMENT STATEofTEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of April, 2005 by , President of Friends of the Parks, a Texas nonprofit corporation, on behalf of said corporation. Notary Public, State of Texas Name: My Commission expires: LEG-DIR\Lisa\1800\Park - Memorial Tree & Bench MOll- April2005.doc - .. _. .-' -