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WHEREAS, the City owns and maintains public parks and facilities, trails, activities,
pragrams, prajects, and initiatives throughout the City of Denton; and
WHEREAS, the Denton Parks and Recreation Department, is a department af the City
of Denton, whose mission is to enrich the lives of all Denton residents through environmental
enhancements and a diverse offering of recreational, educational., an.d c:u�.�'ar�l �Lrvices; and
WHEREAS, providing quality recreational fac��itics ar,d pre�rams to meet the needs and
expectations of Dentan's citizens at times costs more than City tax monies and other revenues can
pravide, and it is at times necessary for the Parks and Recreation Departrnent to abtain funds from
outs►de private saurces to augment the annual operating budget of the department to help ensure it
fulfills its mission; and
WHEREAS, the Denton Parks Foundation was formed on May 22, 1987, and was chartered
as a nan-pro�it corparation with the purposes of maintaining an association of persans interested in
promoting the programs of the Denton Parks and Recreation Departrnent, including its yauth
activities, programs for the disabled, senior citizen activities, and improving the public parks,
parkways, and the public awareness the opportunities for improving health and well-being through
use of the public facilities and programs available to the citizens of Denton;
VVHEREAS, the Foundation has engaged in fundraising activities for the benefit of the
Parks and Recreation Department, the continuation of these activities is essential to the maintenance
af the Parks and Recreation Department as a high-caliber parks and recreation program serving the
needs af Denton residents, and
WHEREAS, the City af Denton and the Denton Parks Foundation desire to ratify and
approve for the future, what their respective roles, responsibilities, rights, and obligations are, to
each other in this relationship; and
WHEREAS, the City Council has found and determined that the Agreement is in the
public interest; NOW, THEREFORE:
1; ; I # 1i 1' 1'_; .
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incarparated herein by reference.
SECTION 2. The Denton Parks Foundation Agreement attached hereto is approved and
the City 1Vlanager, or his designee, is authorized to execute the Agreement on behalf of the City of
Denton.
SECTION 3. The ordinance shall become effective immediately upon its passage and
approval.
The motion to ���3�arr��� this Ordinance was made by ����� �,���~� ��� ��;,_ and
seconded bY . ......... .'��".��"�� .�„� ��'��_____ _� the ���°�1�r����c,�. ������ ���i�we�����i�cl approved by
idta� ��c�ll�a��r�� � r�a��t� �� � � �
� � �.�.� � � � ._� ��; �
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Aye Nay
o�` .
�
�
�'
Deb Armintor, At Large Place 5: �"
Paul Meltzer, At Large Place 6: �
PASSED AND APPROVED this the
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
I:
AP
AARON LEAL, CITY ATTORNEY
�,.,„
� � � ��
BY; ...... ...........
.� _,.._ ___--m ��� ----
Abstain Absent
�� _....__, Y � :..� � ..� .�_ � .. , 2018.
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CHRIS WATTS, I� ���� :��
Page 2
STATE OF TEXAS §
§
COUNTY OF DENTON §
AGREEMENT BETWEEN
T11E Cl 1 1 oF LL` 1\ 1 0l\ y 1 L` AA�7
Al\� 111� LL` 11 1 0l\ 1 Alti1�7
Fo V 1\ �A 1 lol 1
THIS AGREEMENT is rnade and entered into as of the ���' day of
�,��,����____ „ 2018 between the City of Denton, Texas, a home rule municipal corporation,
hea•c�iC������r referred to as the "City", and the Denton Parks Foundation, a not for profit corporation,
hereinafter referred to as the "Foundation".
WHEREAS, the City and the Foundation provide and make available certain services and
benefts to each other, and
WHEREAS, the City owns and maintains public parks and facilities, trails, activities,
programs, projects, and initiatives (collectively, "Parks") throughout the City of Denton; and
WHEREAS, the Denton Parks and Recreation Departrnent ("DPARD"), is a department
of the City of Denton, a municipal corporation, whose mission is to enrich the lives of all Denton
Citizens through environmental enhancements and a diverse offering of recreational, educational,
and cultural services, and
WHEREAS, providing quality recreational facilities and programs to meet the needs and
expectations of Denton's citizensoften costs more than Citytax monies and other revenues can
provide, and it is often necessary for DPARD to obtain funds from outside private sources
to augment the annual operating budget of the DPARD to assure that the DPARD fulfills its
mission, and
WHEREAS, the Foundation was formed on May 22, 1987, and was chartered as a Texas
Corporation on December 21, 1987, and is duly qualifed as a Section 501(c)(3), IRC non-profit
Foundation. The Articles of Association of the Foundation set forth its purpose as being a non-
policy making and non-proft organization to maintain an association of persons interested in
promoting the programs of the DPARD, including its youth activities, programs for the
disabled, senior citizen activities, and improving the public parks, parkways, and the public
awareness of the opportunities for improving health and well-being through use of the public
facilities and prograrns available to the Citizens of Denton, The Foundation was generally
formed for the purpose of supporting the activities, programs, and facilities of the DPARD, and
WHEREAS, the Foundation was formed to perform the following activities, which are
legitimate public purposes, to wit:
(a) to enlist, direct, organize and encourage community interest and involvement in the
acquisition and development of park areas and facilities in Denton,
(b) to promote, solicit, and encourage cantributions from individuals, graups, and
organizations, of manies, property, and other items of value by donation, dedication,
gift, or bequest, which will benefit the develapment of existing and future recreation and
park services and facilities in Dentan, and
(c) ta receive, hald, invest, ar donate monies or property for benefit of developing existing
and future recreatian and park services and facilities in Denton;
WHE AS, the Faundatian has engaged in extensive fundraising activities for the benefit
of the DPARD, and has provided significant support ta the DPARD's parks, pragrams, and
facilities. The continuation of these activities is essential to the maintenance of the DPARD as a
high-caliber parks and recreation program serving the needs of Denton's Citizens, and
WHEREAS, the DPARD and the Foundation coordinate and work in tandem with the
cammon abjective of seeking to assure, by the most cost-effective means possible, that the needs
and expectations of Dentan's Citizens regarding quality parks and recreational facilities and
programs are met or exceeded, and
WHEREAS, DPARD and the Foundatian are committed ta operating with full transparency
within their designated roles and consistent with the reasonable expectatians of the public and adopt
this Agreement ta serve as the governing document over the functions, fnancial relationship, and
fundraising and expenditure af funds on behalf or for the benefit of DPARD and the Faundation,
their employees, assets, programs or events, and
WHEREAS, this Agreement establishes a governing document defining the relationship and
operations of the City and the Foundation and ensuring accauntability regarding the financial
transactians by and between the City and the Foundation; and
WHEREAS, DPARD and the Foundatian desire ta ratify and approve far the future, what
their respective roles, responsibilities, rights, and abligations are, to each ather in this
relationship
NOW THEREFORE, in consideratian af the covenants, pramises, terms, and provisions
contained herein, and for the consideratians expressed herein, the City and the Foundatian
mutually AGREE ta the following:
.•
. • � ..! � � � • �. •
The Foundation represents, acknawledges, warrants and agrees to perform and pravide the
following with regard ta its operation, purpase, and services pravided for the benefit of the City of
Denton Parks and Recreation Department:
(1} Purpose. The Foundatian was formed and exists ta maintain an associatianaf persons
interested in promoting the programs of the DPARD, including its youth
activities, programs for the disabled, senior citizen activities, and improving the
public parks, parkways, and the public awareness of the opportunities far improving
health and well-being through use af the public facilities and programs available to
Fa
the Citizens of Denton, and raises, receives and distributes funds in support of DPARD's
mission and goals.
(2) Mission, The Foundation supports the activities, programs and facilities of DPARD and
shall align its mission and goals with DPARD's mission and goals.
(3) Independent. The Foundation operates as a private legal entity separate from the City.
This Agreement does not in any way constitute a joint venture or create a principal-agent
relationship between the City and the Foundation. Neither party will assert control over
the operations of the other party.
(4) Charitable Organization. The Foundation has been established as a tax-exempt
corporation formed under the laws of the State of Texas and shall maintain its status as
a tax-exempt 501(c)(3) charitable organization under state and federal law to ensure that
donations to the Foundation may qualify as deductible, charitable contributions for its
donors.
(5) Fundraising. The Foundation designs, formulates, and executes fundraising activities
to secure, administer, and provide funds, property, services, or other benefits to the
DPARD in accordance with following procedures and requirements:
a. The Foundation plans and coordinates fundraising and marketing activities with
the DPARD in alignment with the City's strategic and capital plans. The
Foundation conducts research of individuals, foundations, and corporations who
might be best qualified as prospective donors of the Foundation and the DPARD,
b. The Foundation shall continue to support and fundraise for the Parks projects,
improvements and initiatives included in the Denton Parks Foundation Annual
Fundraising Capital Plan ("Annual Plan") attached hereto as Exhibit 1 and
incorporated herein for all purposes. The Annual Plan relates to fundraising
efforts of the Foundation to benefit the Parks and does not prevent or limit the
Foundation from supporting and fundraising efforts on behalf of other non-City
entities,
c. If the term of this Agreement is renewed in accordance with Article III, the
Foundation shall provide an updated Annual Plan describing new fundraising
initiatives for the Parks, which updated Annual Plan shall be submitted to
DPARD for review and comment, be presented to the Parks, Recreation and
Beautifcation Board for its review and comment, and receive the approval of the
Denton City Council to ensure that the Foundation's fundraising and marketing
activities are in alignment with the City's strategic and capital plans. New
Foundation fundraising initiatives which are not included on the Annual Plan but
are anticipated to raise less than Twenty Five Thousand Dollars ($25,000) may
be approved by the DPARD Director. The Foundation does not represent or act
as an agent of the City when fundraising and will not utilize the Parks or other
City property and equipment for fundraising activities without the prior written
approval of the DPARD Director.
d. The Foundation shall receive, process, administer, and distribute gifts in
accordance with this Agreement, the donors' instructions or wishes, and the
Denton Parks Foundation Donation Policies, Gift Acceptance, and Financial
Procedures ("Foundation Policy") attached hereto as Exhibit 2 and incorporated
herein for all purposes.
�. The Foundation shall acknowledge all gifts with appropriate receipts and
correspondence in accordance with the Foundation Policy, and coordinate
acknowledgments with the DPARD, if applicable.
f. A donation of money or in-kind support from the City to the Foundation or the
installation of a Foundation project at the Parks shall only be authorized in
accordance with a service agreement approved by the Denton City Council.
g. The Foundation shall perform such other reasonably necessary fundraising
functions and activities which the DPARD cannot provide itself.
(6) Administration. The Poundation administers funds, property, services, or other benefits
in accordance with following procedures and requirements:
a. The Foundation shall administer and invest funds it receives for the beneft of the
Parks. The Foundation shall function essentially as a fiduciary entity on behalf
of the donor of a gift and on behalf of the DPARI7 program or activity to be
funded or benefited by the gift to ensure the funds are used for the intended
purpose of the donor.
b. The Foundation ensures that accurate and timely gift and pledge records are
prepared, maintained, and preserved in accordance with the Foundation Policy,
c. The Foundation shall maintain records and accounts that accurately document
all funds received by the Foundation and all costs incurred by Foundation,
including funds received directly and indirectly and in-kind donations related to
DPARD and provide quarterly reports to the City detailing Foundation activities
conducted during that period, including but not limited to:
i. Itemized youth scholarship dollars received and disbursements,
ii. Volunteer hours provided to the Parks and City and their value if the
Foundation keeps records of such hours (the Poundation's tracking of
this information is voluntary),
iii. Itemized donations, both cash and in-kind, received and disbursements
to DPARD, and
iv. In-kind services provided by the City to the Foundation. DPARD shall
determine and calculate the monetary value of in-kind transfers of the
City to the Foundation, including but not limited to, use of Parks, City
employee time, office space, utilities, telephone service, and WIFI
access.
4
d. The Foundation shall provide a report to the Denton City Council annually to
summarize the Foundation's fnancial information and benefit to the City,
including itemized donations, contributions, and in-kind contributions to the
City.
e. At the close of each fiscal year, an independent certified public accounting
firm will be engaged by the Foundation to account for and audit all funds
and properties received, and to render a report to the Board of Directors ofthe
Foundation and to the DPARD Director.
(7) Disbursements. The Foundation administers disbursements of funds, property, services,
or other benefts in accordance with following procedures and requirements:
a. Disbursements from Foundation accounts, and any distribution of property or
services provided to the DPARD by the Foundation, will be supervised by the
Foundation's treasurer and President, and will be made only for expenditures
consistent with the explicit purposes for which the accounts were established and
any restrictions stipulated by the donors. Each disbursement shall be fully
documented and included in quarterly reports to City Council.
b. Upon the appropriation of funds by the Foundation and transfer of such funds to
the City for expenditures intended to benefit the Parks, the Foundation shall
transfer such funds to a designated City fund in order to ensure that City financial
controls and requirements are implemented and followed for the expenditures of
such funds.
(8) Specific Funds. The City shall collect Youth Sports Enhancement fees, The Foundation
shall provide an accounting to the City of the Youth Sports Enhancement fees collected
and disbursed by the Foundation and remit Youth Sports Enhancement fees collected up
to the date of the execution of this Agreement to DPARD for sports related park
improvements to City athletic fields. The Foundation shall remit the balance of the
morale fund and scholarship fund and all revenues collected up to the date of the
execution of this Agreement for the morale fund and scholarship fund to DPARD to be
used for the Parks. The Foundation shall maintain adequate records to establish that the
City funds provided to the Foundation are used for the purposes authorized by this
Agreement.
(9) Executive Director. The Foundation shall employ an executive director and
administrative support staff to carry out the functions of the Foundation in accordance
with this Agreement. The executive director and administrative support staff are
employees of the Foundation and shall not be considered to be employees of the City
and shall not be entitled to any payment or benefit from the City on account of services
performed pursuant to this Agreement.
(10) Conf7ict of Interest. The Foundation covenants that:
�7
a. Neither it nor any member of its governing body presently has any interest, direct
or indirect, which would canflict in any manner ar degree with the performance
of services required to be performed under this Agreement,
b. In the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of its governing body,
c. No member of its governing bady or its staff, subcontractors or employees shall
possess any interest in or use his/her position for a purpose that is or gives the
appearance of being motivated by desire for private gain for himself/herself, or
athers; particularly those with which he/she has family, business, ar ather ties,
d. No afficer, member, or employee of City and no member of its governing body
wha exercises any function ar responsibilities in the review or approval of the
undertaking ar carrying aut of this Agreement shall participate in any decisian
relating ta the Agreement which affects his personal interest or the interest in any
corparation, partnership, or faundation in which he has direct ar indirect interest,
and
e. It shall perform annual conflict of interest disclosures far its Board, Directors,
and employees that identifies husiness relatianships and family.
,.
•i ' • ! • •
�' • ' • '' . � ' '' � •
� ' • �
The City of Denton, Texas, through its Parks and Recreation Department, will provide the
fallowing to the Foundation:
(1) Sixty One Thousand Dollars and No Cents ($61,000.00} paid ta the Foundation by the
City in fiscal year 2017-18 ta be utilized far the purposes set forth in Article I. Seventy
Six Thousand Five Hundred Dollars and No Cents ($76,500.00} shall be paid ta the
Foundation by the City in fiscal year 2018-19 to be utilized far the purposes set forth in
Article I,
(2) One ofiice space of approximately 100 square feet in the offices of the Dentan Parks
and Recreation Department at City Hall East at 601 E. Hickory Street, Denton, Texas
to the Foundation, to carry out its functions and obligatians to the DPARD,
(3) Utilities, telephane service, and access ta public WIFI reasonably needed by the
Foundation to carry out its activities at City Hall East as authorized in City's annual
aperating budget,
(4) Planning and installation suppart and supervisian for projects or programs such as the
placement and / or installatian of equipment and legacy items such as memarial benches
and trees,
(5) Identify projects, initiatives, and other items with which the Faundation can provide
fundraising support in order ta complete or purchase,
(6) Require that a receipt of money donated to the City be documented through a written
donor agreement or receipt and record donations received by the City and related
expenses into the City's recordkeeping software,
(7) Allow the Foundatian to support and fundraise for seasonal programs or organizatians
that are unaffliated with the City, such as Juneteenth, Cinco de Maya, and the 5eniar
Center Advisory Committee,
($) A commitment to accept and use gifts from the Foundatian in accordance with the
Faundation's and the respective donors' wishes. The DPARD shall not utilize or
assume control of Foundation gifts or assets until the same are transferred from the
Faundation to the DPARD, and
(9) Compliance with the City's Ethics Ordinance, as amended.
Ta the extent allowed by state law, this Agreement shall be effective from the execution
date and shall remain in full force and effect until September 30, 2019. This agreement may be
renewed for two (2) additional one (1) year per►ods if the City and Foundatian agree in writing ta
extend the term of the Agreement prior to the termination af each one (1) year term. The City or
Foundation shall have the right to terminate the Agreement, in whole ar in part, without cause any
time upon thirty (30} calendar days' prior written notice. Upan receipt af a notice of terminatian,
the Foundation shall promptly cease all further work pursuant to the Agreement, with such
exceptions, if any, specified in the notice af termination.
,.
. •. ;
...
The follawing is a list of representations, assurances, understanding, palicies, procedures and
agreements regarding the rales, relationship and functions af the City and the Foundation in the►r
working relationship pursuant to this Agreement;
A. The City owns ihe Parks and any fxture located in the Parks. In the absence of an agreement
praviding otherwise, title ta any fxture danated by the Foundation to the City and installed in
the Parks shall vest in the City upan completion of construction or installatian and acceptance by
the City.
B. The City has exclusive authority to make all decisions regarding the Parks.
C. The Board af Directors of the Foundation assures the DPARD that the activities of the
DI
Foundation will be in support of the objectives, goals, and priorities of the DPARD, as
communicated ta it by the City, and the Parks and Recreation Master Plan, as amended. The City
assures the Faundation that the resources made available to the DPARD by the Foundation, will
be allocated and utilized properly and in accordance with applicable laws, ordinances, palicies
and procedures.
D. Any agreement between the Poundation and City that is not within the scope of the terms of this
Agreement shall receive the prior approval of the City Council.
E, The Foundation has no autharity to supervise, direct, control, or demand that a City employee
perform any function on behalf of the Foundation. If nat otherwise governed by a service
agreement approved by the Denton City Council, a Foundation request for administrative support
of the Foundation by a City employee shall be submitted to the DPARD Director, who shall have
discretion to approve such request. All support of the Foundation by a City employee shall be
accounted for as an in-kind contribution of the City to the Foundation,
F. Capital construction activities on City property supported in whole or in part by Foundation funds
shall follow all City procedures governing such projects and building code requirements, if
applicable,
G. The City shall have the right to oversee all infrastructure and capital improvement wark
performed on the Parks. The City has the right to suspend or discontinue a Foundation project,
improvement, or initiative in the Parks, and in such event shall return any funds donated by the
Foundation to the City for the suspended or discontinued project.
H. All work performed by or on behalf of the Foundation is the responsibility of the Foundation and
not the City. The City shall not be deemed liable for any act, omission, or obligation of the
Foundation. The Foundation shall provide the terms of this Agreement and training related to
the Foundation's obligations under this Agreement to its Board of Directors, executive director,
and administrative staff.
I. The Foundation may not operate donor or sponsor recognition programs in the Parks unless the
City Council approves the program or adopts a policy governing such programs and the
Foundation complies with the policy.
J. This Agreement does not grant the Foundation a right to use the City's name and trademarks.
K. Any personnel employed by or volunteering on behalf of the Foundation shall be deemed
employees or volunteers respectively of the Foundation, and shall not be deemed emplayees or
volunteers of the City. The Foundation shall be responsible for the supervision, management and
control of such Foundation employees and volunteers and any payroll, taxation or other
employment obligation, if any, incident to their work. Any personnel employed by or
volunteering on behalf of the City shall be deemed employees or volunteers respectively of the
City, and shall not be deemed employees or volunteers of the Foundation. The City shall be
responsible for the supervision, management and control of such City employees and volunteers
and any payroll, taxation or other employment obligation, if any, incident to their work,
8
L. The Foundation shall maintain general liability insurance in the amaunt of $1,000,000 and in
accordance with City insurance requirements, including adding the City as an additional insured
party, for all wark performed at the Parks by the Foundatian's employees, valunteers, contractors
and subcantractors.
M. The Faundation will appoint a representative who will be available to meet with City officials
when requested.
N. The DPARD Director or his designee is an ex-officio member af the Foundation Board of
Directors and allowed to attend Foundation Board of Directors meetings. DPARD employees
may attend meetings of the Faundation Board of Directors. The Foundation shall provide any
requested information ta the DPA Director upon request with thirty (30 days) upon request
as lang as the information provided does not violate any donar trust or anonymity request, or any
state or federal Personal Identifiable Information (PII) laws.
• � 1 � # ' � 1 �; 1 , . 1 1 1
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P. In the event any damage or injury is caused to the equipment or facilities provided by the City
hereunder, by the negligence or improper canduct of the Foundation, its agents, volunteers,
subcontractors ar employees, the Foundatian shall cause the said damage or injury ta be repaired
as speedily as passible at its own cost and expense.
,.
•
Any notice or other written instrument required or permitted to be delivered under the terms of
this Agreement shall be deemed ta have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or certified, return receipt requested,
or via electronic mail, hand-delivery or facsimile, addressed ar sent ta Faundatian ar City, as the case
may be, at the following addresses:
.�
City of Denton, Texas
Aitn: City Manager
215 E. McKinney
Denton, TX 76201
Todd.Hileman@cityofdenton.com
• L�� •'
Denton Parks Foundation
Aitn: President
601 E. Hickory, Suite B
Denton, TX 76205
Timothy.P, Smith@mwarep.org
Either party may change its mailing address by sending notice of change of address to the other
at the above address by certified mail, return receipt requested.
ARTICLE VI
RIGHT TO AUDIT
The Faundation agrees ta retain all boaks, records, documents, reports, and written accounting
palicies and procedures pertaining to the fundraising, danations, and services pravided ta DPARD
under this agreement for a periad of five (5) years from the date of record.
The City shall have the right to audit and make copies of the boaks, fundraising activities,
pledges, danations, gifts, statements, fnancial records and computations pertaining to the Agreement.
The Faundation shall retain such books, records, documents and other evidence pertaining to the
Agreement period and five years thereafter, except if an audit is in progress ar audit findings are yet
unresolved, in which case records shall be kept until all audit tasks are campleted and resolved. These
books, records, documents and other evidence shall be available, within ten (10) business days of
written request. All books and recards will be made available within a 50 mile radius of the City of
Denton. The cost of the audit will be borne by the City.
Failure ta comply with the pravisions of this section shall be a material breach af the
Agreement and shall constitute, in the City's sale discretion, grounds far termination thereaf. Each of
the terms "baoks" "records" "documents" and "other evidence" as used above shall be construed to
, , , ,
include drafts and electranic files, even ►f such drafts or electronic files are subsequently used to
generate ar prepare a�nal printed document.
•' I
� ��
•:
The Foundation will adopt and camply with palicies regarding code of conduct, conflicts of
interest and potential canflicts af interest.
.•
. � ���� . ���� #� �
: : u �,
The President of the Foundation shall be the officer responsible for administration of the
Agreement far the Foundatian. The City Manager, or designee, shall be the City staff inember
responsible far the administration of this Agreement on behalf of the City.
10
ARTICLE IX
NO ASSIGNMENT
This Agreement is solely between the parties and cannot be assigned to another party
without the express advance written approval of the non-assigning party.
ARTICLE X
MODIFICATION OF
AGREEMENT
No modification of this Agreement shall be effective unless it is in writing and signed by
both parties to the Agreement.
ARTICLE XI
GOVERNING LAW
AND VENUE
This Agreement is subject to, governed by, and shall be construed under the laws of the
State of Texas. Venue of any suit or cause of action arising under this Agreement shall be
exclusively in Denton County, Texas.
ARTICLE XII
SEVERABILTY
If any provision of this Agreement is found or deemed by a court of competent
Jurisdiction to be mvalld or unenforceable, It shall be considered severable from the remainder of
this Agreement, and shall not cause the remainder of this Agreement to be invalid or
unenforceable. In such event, the parties shall reform this Agreement to replace such stricken
provision with a valid and enforceable provision which comes as close as possible to expressing the
intention of the parties hereto respecting the stricken provision.
ARTICLE XIII
CAPTIONS
The captions of this Agreement are for informational purposes only, a n d shall not i n any
way affect the substantive terms or conditions of this Agreement.
IN WITNESS WHEREOF, the City and the Foundation have executed this Agreement in
duplicate original counterparts, the City acting by and through its duly-authorized City 9'��,t��� b�;�•, and
Fo��t�a����s�i���u�� ��,�1������ ��y and through its duly-authorized undersigned offlcer, on this the °��„� day
of ......�"����� �.��..... ....,� 2018.
(signatures on following page)
CITY OF DENTON
11
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12
Exhibit 1
THE DENTON PARKS FOUNDATION DONATION POLICIES,
GIFT ACCEPTANCE, AND FINANCIAL PROCEDURES
APPROVED: 4/26/2018
CONTENTS
Policies Concerning General Financial Management ........ ........ ..»,,.„, ,,,..,.., .,....... .».»,».. ....,... 3
PoliciesConcerning Gift Acceptance .............................................................................................�„...»..�... 4
PoliciesConcerning Donor Recognition .................. ......... ......u�. ,..�».,.. ...,„,......, ,.... ���,,��.,�,....�.. 7
Policies Concerning Fundraising, Gift, and General Accounting ............................................................ 9
Policies Concerning Matching Gifts . ......... .......... ........ . ........ �...�...�..»�»,,..,.... , ...... .w.........�,.„.,, 10
ConfidentialityPolicy .............<.,,.... ..................,.., w...,.... ......... ��..�.,.....,,......�, . ,...u�, ..,.r,.........,.. 11
Language Repository for Future Updates,.. .»�..�.�� �,......� ......... ......... ......... ......... .................. 12
POLICIES CONCERNING UNRESTRICTED GIFTS AND FINANCIAL SUPPORT
THE DENTON PARKS FOUNDATION (DPF) is a 501(c)(3) non-profit organization. THE DENTON PARKS
FOUNDATION will accept gifts, donations, and in-kind support with no capital campaign or specific use
applied to such funds. These funds can be used at the discretion of the organization for any expenses as long
as the transaction is consistent with THE DENTON PARKS FOUNDATION's mission, priorities, and financial
goals. THE DENTON PARKS FOUNDATION reserves the right to decline any gift. Contributions to THE
DENTON PARKS FOUNDATION are tax-deductible to the extent allowable by law.
I, FRIENDS OF THE FOUNDATION
A. Certain funds and gifts may be given to the foundation as "undesignated", meaning they are not
given to a specific project or capital campaign. These funds and gifts may go towards the
"Friends of the Foundation" accounting category.
B. These "Friends of the Foundation" gifts may be used at the discretion of the Executive Director
as long as purchases over the specified amount of $1000 that are not already accounted for in
the board approved annual budget are approved by a majority vote of the board prior to the
expense. This vote should follow the rules and guidelines outlined in the by-laws.
II. EXECUTIVE DIRECTOR FINANCIAL SUPPORT
A. The Executive Director's financial support shall be listed as income into our "Programs"
accounting category and should be identified as such in Treasurer reports when given to the
boa rd.
B. The financial support of the Executive Director, if it should come in one lump-sum, should be
received by the Treasurer in a timely manner outlined in an external agreement or
Memorandum of Understanding (MOU) as to allow for consistency in funding and accounting
with the Foundation's January to December fiscal year.
POLICIES CONCERNING GIFT ACCEPTANCE
THE DENTON PARKS FOUNDATION (DPF) is a 501(c)(3) non-profit organization. TME DENTON PARKS
FOUNDATION will accept approved unrestricted gifts and gifts for specific programs and purposes provided
that there is charitable intent on the part of the donor and that the gift supports and is consistent with THE
DENTON PARKS FOUNDATION's mission, priorities, and financial goals. THE DENTON PARKS FOUNDATION
reserves the right to decline any gift. Contributions to THE DENTON PARKS FOUNDATION are tax-deductible
to the extent allowable by law.
I. GENERAL
A. Payment of commitments to THE DENTON PARKS FOUNDATION may take the form of one or a
combination of the following: cash or real property that can reasonably be expected to be converted
to cash within a practical time period (one to three years).
B. Commitments will be publicly recognized and/or commemorated as consistent with the donor's
wishes and the guidelines approved by THE DENTON PARKS FOUNDATION. Requests by donors for
anonymity will be publicly honored though a limited number of employees, campaign leaders and
counsel may be notified ofthe identity of the donors for internal purposes only.
C. Public recognition of giving will be based upon the expressed desires of the donor and any policies
of THE DENTON PARKS FOUNDATION which govern donor recognition.
D. Gifts will not be accepted where there is no charitable intent on the part of the donor.
E. THE DENTON PARKS FOUNDATION reserves the right to refuse or return to donors gifts whose
functions and goals are inconsistent with that ofTHE DENTON PARKS FOUNDATION.
F. THE DENTON PARKS FOUNDATION will keep accurate record of names and addresses of all vendors
who are paid to do any work and are not Denton Parks and Recreation Department employees,
affiliated contractors, or volunteers. Acceptance of donations (cash or in-kind) by these vendors who
may then be credited with recognition for said donation towards any DENTON PARKS FOUNDATION
project shall require a"Conflict of Interest" disclosure and must be approved by a majority vote of
the DENTON PARKS FOUNDATION board.
II. PLEDGES
A. No verbal pledges will be recognized. A signed pledge, gift agreement, email or equivalent
documentation, signed and dated by the donor, must be in the possession of THE DENTON PARKS
FOUNDATION before a pledge is recorded as fulfilled. This will be strictly observed.
B. The normal pledge payment period for gifts to capital, endowment, and major gift projects will be
no more than five years unless otherwise approved by the executive director or Board Chair.
C. Permanent donor recognition will be based upon the full payment of pledge commitments within
the allotted pledge period based on a cash accounting method.
III. PROPERTY GIFTS
A. In order for real property gifts to be recognized, complete transfer of ownership must occur with
appropriate documentation.
B. Donors will bear all expenses associated with gifts of real property, including environmental testing
and appraisal fees unless otherwise approved by THE DENTON PARKS FOUNDATION Board of
Directors.
C. All real property gifts received by THE DENTON PARKS FOUNDATION and disposed of within two
years from the date of receipt will be duly reported to the IRS as required.
D. All real property gifts will be subject to environmental evaluation prior to acceptance by THE
DENTON PARKS FOUNDATION. The extent of that review will be determined for each real property,
and the expense will be borne by the donor unless otherwise approved concurrent with Section
III.A.
E. Real property encumbered by a mortgage or other indebtedness or subject to any encumbrances
deemed unacceptable by THE DENTON PARKS FOUNDATION Board of Directors will not be accepted.
IV. GIFT VALUATIONS
A. Cash - In cases where gifts are made in cash, the valuation is the amount of the cash.
B. Real Property - Gifts of real property will be reported based on the appraised value as determined
by a qualified independent appraiser within 60 days of the date of transfer.
C. Gifts-In-Kind - Gifts-in-kind are tangible gifts other than cash, marketable or privately held securities,
or real property. These will be valued at a"Fair-Market Value" or what the In-kind gift could be
obtained for at a reasonable retail price by a 501(c)3 of our stature. Gifts-in-kind of an
undetermined value will be recorded and acknowledged as received with no value stated.
D. Service - Gifts of service are contributions of actual, billable service directly related to the business
or profession of the provider. Gifts of services will be recognized at the level of actual expenses
invoiced but not to be paid. Evidence of a gift of service will be a canceled or voided invoice stating
the date, type of service rendered, quantity cost, total cost, and amount to be contributed or
forgiven. No service gift can be accepted by if this service is rendered by a volunteer Board of
Director who is acting in the capacity of their board position.
V. APPRAISAL REQUIREMENTS
A. Gifts of personal or real property, other than publicly traded securities, must be accompanied by an
appraisal if the estimated value exceeds $10,000. When the gift is to fund a specific recognition
opportunity, donors may be asked to make up any shortfall upon conversion to cash.
B. Donors of personal or real property gifts must seek their own legal and tax counsel. THE DENTON
PARKS FOUNDATION reserves the right to refuse gifts of personal or real property when it is
determined that the donor has not complied with IRS appraisal requirements or that the advice of
independent counsel is not obtained.
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C. Donors of personal or real property gifts will receive an acknowledgment of the gift only when
complete transfer has occurred. The acknowledgment will not include any reference to the value of
the gift.
D. Donors will bear all costs associated with obtaining a qualified appraisal if needed.
VI. RESPONSIBILITY OF DONORS
A. Information concerning gift planning is to be for illustrative purposes only and is not to be relied
upon exclusively in individual circumstances. A letter of understanding from a donor of a personal
or real property gift may be required along with proof of outside advice being rendered before such
a gift will be accepted.
B. All potential or proposed planned gifts may be individually reviewed by the Executive Director and
Board of Director Chair. Prospective donors are encouraged to request, and may expect to receive,
a letter regarding agreements to restrictions placed upon the proposed gift by the donor.
C. Although representatives ofTHE DENTON PARKS FOUNDATION will provide all appropriate
assistance, the ultimate responsibility regarding evaluations, tax deductibility, and/or such counsel
as the donor may wish to secure is the responsibility of the donor.
D. To avoid conflicts of interest, the unauthorized practice of law, the rendering of investment advice,
or the dissemination of income or estate tax advice, all donors of personal and/or real property gifts
must indicate the professional advisors rendering opinion on the gift.
VII. GIFT ACCEPTANCE
A. The Executive Director or members of the DENTON PARKS FOUNDATION staff or Board of Directors,
and all volunteers invited to assist with fundraising on behalf of THE DENTON PARKS FOUNDATION
are authorized to accept gifts of unrestricted cash so long as the funds are turned over to the
Treasurer as soon as possible.
B. Any other gift requires the formal review of the Executive Director or Board of Directors.
VIII. GIFT PURPOSE
A. Friends of the Foundation or General Fund — Gifts to the Friends of the Foundation or the General
fund may be designated to support specific areas ofthe operating fund ofTHE DENTON PARKS
FOUNDATION. Gifts to the fund are unrestricted and directly benefit the operating budget. Any gifts
that are given with no specification for use should
B. Specific Purpose Projects — Gifts may be designated by donors to support specific projects and
events that the Denton Parks Foundation has oversight of.
C. Capital Campaign — Gifts to a Capital Campaign may be designated to support approved specific
areas of the project and may provide naming opportunities provided that opportunity complies by
the donation guidelines herein as well as the rules and procedures of the municipal and state
governing bodies that be.
0
POLICIES CONCERNING DONOR RECOGNITION
I. PURPOSE
A. The purpose of donor recognition policies is twofold: (1) to provide a genuine and lasting form of
recognition for the generosity of benefactors to THE DENTON PARKS FOUNDATION and (2) to
encourage potential donors to raise their level of giving in order to achieve some form of
recognition.
II. PEERAGE
A. One of the principles behind the successful use of donor recognition is that of peerage. Individuals,
corporations, and foundations often wish to be seen among their peers, and this includes being
viewed as peers in their level of giving. To over-encourage anonymity sometimes diminishes the
effectiveness of donor recognition policies because of the loss of peerage. Unless anonymity or a
"non-disclosure" is requested by the donor, their name and giving amount can be used for other
fundraising activities and publications to help solicit more donations through peerage.
III. ANONYMITY
A. Benefactors will be given the opportunity to choose anonymity, and this anonymity will be reflected
in all published lists and other forms of donor recognition. The following will be those individuals
who, for reasons of stewardship and security, will be informed of the amount of all pledges and the
names of all donors to the campaign including those who request anonymity: Executive Director,
Resource Development Manager, Chief Financial Officer, Campaign Manager, Campaign Chair(s) and
Campaign Counsel.
IV. PROVISIONS FOR RECOGNITION
A. Provisions will be made to recognize all donors to THE DENTON PARKS FOUNDATION regardless of
the size of their gift, while recognizing the wishes of those who choose to remain anonymous
donors.
V. FORMS OF RECOGNITION
A. There will be no standard rubric to determine what forms of recognition exist. Rather, this discretion
is left to the Executive Director, with Board of Director approval, on a per project basis.
VI. NAMEDGIFTOPPORTUNITIES
A. There will be no standard rubric to determine what donations will garner "named gifts". Rather, this
discretion is left to the Executive Director, with Board of Director approval, to grant on a per project
basis.
VII. DONOR RECOGNITION LEVELS
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A. There will be no standard rubric to determine "Donor Recognition Levels". Rather, this discretion is
left to the Executive Director, with Board of Director approval, on a per project basis.
VIII. PUBLICATIONS
A. Periodically, the names of inembers of donor recognition levels or reserved named gift
opportunities will be published in THE DENTON PARKS FOUNDATION's publications, newsletters,
and campaign updates. The purpose of these publications will be twofold: (1) to show appreciation
for pledges made and (2) to encourage others to make significant and stretch philanthropic
commitments.
IX. PLEDGE PAYMENTAND RECOGNITION
A. All forms of permanent recognition will be based upon pledges paid. Conversely, those donors with
unpaid pledges will not be given permanent recognition until such pledges are fulfilled.
XI. EXCEPTIONS
A. The Board is empowered to grant any exception to these general policies in order to encourage
significant gifts or improve benefactor relationships.
XII. ESCAPE CLAUSES
A. If a donor defaults on the pledge or wishes to have the recognition removed, the Board will
recommend to the custodian of the property in question (if it is not owned by the Foundation)
to have the recognition removed at the donor's expense.
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POLICIES CONCERNING FUNDRAISING, GIFf, AND GENERAL ACCOUNTING
q, SPECIFIED PROJECTCAMPAIGN FUNDRAISING PERIOD
A. The fundraising period will be the total time encompassed by the active cultivation, solicitation and
payment of pledges for The Denton Parks Foundation including those gifts made during the planning
phases of any one certain project or campaign. The beginning and ending date for counting
commitments to a campaign or project is to be set by the Board of Directors at the recommendation
of the specific project or campaign Steering Committee (if applicable).
II. COUNTING
A. Only those gifts and pledges actually received and/or committed during the specified period
identified forthe campaign will be counted in the campaign results.
B. The Treasurer and Executive Director shall keep committed pledges vs. received pledges on a per
project basis to correctly reflect the money raised for said project for evaluation and measurement
purposes.
C. If phased, gifts and pledges will be counted in only the phase of the capital campaign in which they
were committed. No commitments will be counted for both the first phase and any subsequent
additional phase(s) of the campaign unless used in the capacity of demonstrating overall project
fundraising efforts.
D. The value of any canceled, withdrawn or unfulfilled pledge will be subtracted from the campaign
and phase totals when it is determined that the commitment will not be realized.
E. Any other non-cash, in-kind, or equivalent gifts or pledges shall adhere to the accounting polices set
forth above.
III. HANDLING AND RECORDING OF RECEIVED FUNDS
A. The Treasurer should receive notice of gifts being received as soon as reasonably possible.
B. The receipt of gifts and received pledges, both cash and non-cash, should be entered into the
correct accounting categories within three (3) business days per the accounting and Treasurer
guidelines in the by-laws
C. Any other rules or procedures regarding the handling and recording of received funds can be
referenced in The Denton Parks Foundation By-Laws as well as the Memorandum of Understanding
(MOU) with the City of Denton (should one exist and be currently in-force).
IV. NON-GIFT REVENUE
A. The following types of funds may be designated to a campaign or project, but will be reported as
non-gift revenue to the campaign: In campaign reports, these forms of revenue will be shown as
additions to the campaign from non-philanthropic sources:
• Investment earnings on gifts contributed for campaign purposes;
• Board-designated surplus income; and
• Any other non-philanthropic or gift income to be used for the purposes of the campaign.
POLICIES CONCERNING MATCHING GIFTS
I. SOLICITATION OF MATCHING GIFTS
A. Whenever and wherever possible, donors to the capital campaign will be encouraged to
seek out and take advantage of corporate or foundation matching gift programs.
B. If the corporation sponsoring the matching funds gift is also a vendor or contractor that has
been as such for work completed on behalf of the foundation, this relationship shall be
disclosed per the directions given in Sec. l, f. ofthe "Policies Concerning Gift Acceptance"
section in the most recently approved version of this document,
II. DESIGNATION OF MATCHING GIFTS
A. Unless otherwise directed by the donor, corporation or foundation, income from matching
gifts will be designated for the same restricted purpose as the original gift or pledge of the
individual or family donor.
NNI. RECOGNITION FOR THE MATCHING GIFT DONOR
A. The corporate or foundation matching gift donor will receive credit and appropriate named
gift recognition and/or will be categorized in the appropriate donor recognition level in
respect to the dollar value of the matching gift.
IV. CREDITING OF MATCHING GIFTS
A. The value of the matching gift will be added to an individual or family gift and therefore will
entitle the individual or family donor to increased recognition or naming opportunities.
V. NAMED GIFT OPPORTUNITIES
A. The individual or family donor will have the opportunity to designate a named gift based
upon the combined value of their original gift and any matching gift received.
VI. REPORTING AND/OR PUBUSHING OF MATCHING GIFTS
A. In reporting or publishing matching gifts, the gifts of both the original donor and the
matching gift donor will be acknowledged.
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CONFIDENTIALITY POLICY
A first principle of campaigning is to recognize the inherent personal dignity of any person who is
discussed as a prospective donor to the campaign, and as such should never be described as "targets,"
"on a hit list" or in any other way that would diminish their dignity.
It is assumed that in the course of preparing for and conducting the capital campaign, Board members,
campaign leadership members, employees, and fundraising consultants will have the occasion to discuss
information of a personal, financial, and confidential nature. The following policies are established to
affirm THE DENTON PARKS FOUNDATION's sincere commitment to protect the dignity and trust of its
benefactors, friends, and prospective donors.
A, All fundraising-related discussions concerning major gift prospects, whether individuals,
foundations, or corporations, are to be held in confidence.
B. While it is never the intent to discuss matters of a personal or family nature regarding
prospects, should such a disclosure happen in the course of a campaign meeting or
activity, such information will be treated with the highest level of confidence.
C. All information concerning financial capability, past giving patterns, specific gifts, and/or
personal disclosures about giving interests are to be treated confidentially —that is
within the circle of those of who are assigned to the prospect or are providing
counseling or guidance relative to the prospect.
D. All discussions and/or reports of gifts and capital campaign commitments made during
campaign committee meetings are to be held in confidence until the donor's desires
concerning publicity or anonymity are expressed in the written confirmation of the
pledge or gift.
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LANGUAGE REPOSITORY
POLICIES CONCERNING GIFT ACCEPTANCE
IV. GIFT VALUATIONS
A. Publicly Traded Securities— In keeping with IRS regulations, gifts of securities will be valued at the
average market value of the specific security on the date the full interest in the transferred property
is received either electronically or physically.
B. Privately Held Securities - Gifts of closely held marketable securities will be valued based on a
qualified independent appraisal at the time oftransfer. Generally, gifts of privately held securities
will be accepted only when conversion to cash within a five-year timeframe is expected.
C. Life Insurance - Gifts of life insurance will be valued, for recognition purposes, based on the
surrender value as of the date of the transfer,
VIII. MARKETABLE SECURITIES TRANSFERS AND SALES
A. In the case of a gift or pledge payment in the form of marketable securities, the marketable
securities will be sold immediately upon transfer of ownership and, ideally, no less than 24 hours
from the date and time of transfer.
B. As previously noted in Section IV. B. of these policies, gifts will be evaluated on the basis of the
average market value of the specific marketable securities on the date of transfer.
C. It is understood that the donor, in transferring ownership of the marketable securities, is making a
charitable contribution and, as such, has no rights concerning the disposition, sale, or retention of
any marketable securities given to THE DENTON PARKS FOUNDATION.
D. Any loss or gain in the value of the marketable securities, resulting from the timing of the sale, will
not be added or subtracted from the gift evaluation.
E. Upon written request by the donor of securities and the approval of the Executive Director,
Resource Development Manager, and Operations Director, THE DENTON PARKS FOUNDATION may
agree to hold the marketable securities as transferred for a designated period of time. In this case,
THE DENTON PARKS FOUNDATION willingly assumes all risks concerning potential benefit or loss
due to changing securities values because the stock is retained rather than sold.
IX. BEQUESTS AND TESTAMENTARY GIFTS
A. THE DENTON PARKS FOUNDATION will seek and accept gifts made as testamentary gifts through
wills and codicils to wills. For campaign purposes, bequests will be accepted from individuals of any
age though bequests from persons of 80 years or older will be categorized as "short term bequest"
or some similar designation.
B. In order for bequests to be counted or considered for any present or future planned giving or
bequest recognition group, a copy of the will, specific section of the will pertaining to the bequest or
the specific codicil to the will must be on file at THE DENTON PARKS FOUNDATION. In lieu ofthe
specific document, a donor may file a gift agreement which states the nature of the bequest, its
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estimated current value, the date the will or codicil was signed, and complete contact information
for the donor and executor named in the bequest.
C. When bequests are received, any instructions or restrictions from the donor, so long as they are
legal and reasonable, will be followed.
D. Also, gifts made from an Individual Retirement Account will be accepted for purposes of the capital
campaign if the individual is at least 80 years old.
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Volunteers, Employees and Representatives
The Denton Parks Foundation volunteers, staff and representatives are committed to ensuring
the highest ethical standards within the organization and the community. The success of the
Denton Parks Foundation and the reputation it maintains depend upon the ethical conduct of
everyone affiliated with the organization. Volunteers, staff and representatives set an example
for each other and for all community organizations by their pursuit of excellence in high
standards of perFormance, professionalism and ethical conduct.
While no one document can cover all of the challenges that may arise, the Code of Ethics
(Code) communicates key guidelines and will assist volunteers, staff and representatives in
making good decisions that are ethical and in accordance with applicable legal requirements.
Personal and Professional Integrity
A personal commitment to integrity in all circumstances benefits each individual as
well as the organization. We therefore:
A. Strive to meet the highest standards of performance, quality, service
and achievement in working towards the Denton Parks Foundation
mission.
B. Communicate honestly and openly and avoid misrepresentation.
C. Promote a working environment where honesty, open communication
and minority opinions are valued.
D. Exhibit respect and fairness toward all those with whom we come into
contact.
II. Accountability
The Denton Parks Foundation is responsible to its stakeholders, which include
member organizations, donors and others who have placed faith in our organization.
To uphold this trust, we:
A. Promote good stewardship of all Denton Parks Foundation resources,
including time, talent and treasure, This includes contributions, fees,
grants and pass-through money as well as physical resources and the
gift of time that is given to Denton Parks Foundation.
B. Refrain from using organizational resources for non-Denton Parks
Foundation purposes.
C. Observe and comply with all laws and regulations affecting Denton
Parks Foundation.
III. Solicitations and Voluntary Giving
The most responsive contributors are those who have the opportunity to become
informed and involved. We therefore:
A. Promote voluntary giving with board members, prospective and current
donors.
B. Refrain from any use of coercion in fundraising activities.
IV. Conflicts of Interest
Ethics Officers and Ethics Committee
The Board President will serve as the Ethics Officer for the staff. The Executive
Committee will serve as the Ethics Committee for the Executive Director and the
volunteers and other representatives of the Denton Parks Foundation.
Staff
In order to avoid any conflict of interest or the appearance of a conflict of interest,
which could tarnish the reputation of the Denton Parks Foundation as well as
undermine the public trust in the organization, Denton Parks Foundation, staff will:
A. Avoid any activity or outside interest which conflicts or appears to
conflict with the best interest of the Denton Parks Foundation
organization.
B. Ensure that outside employment and other activities do not adversely
affect the performance of Denton Parks Foundation duties or the
achievement of Denton Parks Foundation's mission. This does not
include any involvement in other volunteer boards, commissions, or
non-profit organizations.
C. Ensure that travel, entertainment and related expenses are incurred on
a basis consistent with the mission of Denton Parks Foundation and not
for personal gain or interests.
D. Decline any gift, gratuity or favor in the performance of Denton Parks
Foundation duties except for promotional items of nominal value and
any food, transportation, lodging or entertainment unless directly
related to Denton Parks Foundation business.
�
V. Volunteers and other Denton Parks Foundation Representatives
In order to avoid any conflict of interest or the appearance of a
conflict of interest, which could tarnish the reputation of Denton Parks Foundation,
as well as undermine the public trust in the organization, volunteers and other
representatives will:
A. Refrain from activities that might be construed as a direct conflict of
interest to the Denton Parks Foundation.
Refrain from attempting to influence the selection of staff, consultants
or vendors who are relatives or personal friends or affiliated with,
employ, or employed by a person with whom they have a relationship
that adversely affects the appearance of impartiality.
C. Denton Parks Foundation Volunteers should not knowingly take any
action, or make any statement, intended to influence the conduct of
Denton Parks Foundation in such a way to confer any financial benefit
on themselves, their immediate family members or any organization in
which they or their immediate family members have a significant
interest as stakeholders, directors or officers.
D. Disclose all known conflicts or potential conflicts of interest in any
matter before the Board of Directors, if they are Board members, or
any committee upon which they serve. They may participate in
discussion, but may not vote in connection with such matter.
E. Members of the Board shall annually file a disclosure of all known and
potential conflict of interest with the Executive Committee. This will
remain on file with the Denton Parks Foundation for three years.
VI. Confidentiality and Privacy
Confidentiality is a hallmark of professionalism. We therefore:
A. Ensure that all information, which is confidential, privileged or
nonpublic, is not disclosed inappropriately.
B. Respect the privacy rights of all individuals in the performance of their
Denton Parks Foundation duties.
VII. Political Contributions
Denton Parks Foundation encourages individual participation in civic affairs. As a
charitable organization, Denton Parks Foundation may not make contributions to
any candidate for public office or political committee and may not intervene in any
political campaign on behalf of or in opposition to any candidate for public office.
We therefore:
A. Refrain from making any contributions to any candidate for public
office or political committee on behalf of the Denton Parks Foundation.
B. Refrain from making any contributions to any candidate for public
office or political committee in a manner that may create the
appearance that the contribution is on behalf of the Denton Parks
Foundation.
C. Refrain from using any organizational financial resources, facilities or
personnel to endorse or oppose a candidate for public office.
D. Clearly communicate that we are not acting on behalf of the
organization, if identified as an official of the Denton Parks Foundation,
while engaging in political activities in an individual capacity.
Refrain from engaging in political activities in a manner that may create
the appearance that such activity is by or on behalf of the Denton Parks
Foundation.
VIII. Guidance and Disclosure
Volunteers, staff and representatives are encouraged to seek guidance from the
Executive Committee concerning the interpretation or application of this Code of
Ethics. Any known or possible breaches of the Code of Ethics should be disclosed.
Staff and representatives should contact the Executive Director. Volunteers should
contact the Chairperson. Reports of possible breaches will be handled in the
following manner;
A. All reports of possible breaches will be treated in confidence as much
as the organization's duty to investigate and the law allow. If
confidentiality cannot be maintained, the individual disclosing the
possible breach will be notified.
B. All reports of breaches will be investigated and, if needed, appropriate
action taken based upon the policies of the organization.
4
C. Retaliation against a person who suspects and reports a breach in good
faith will be treated as an independent breach of the Code.
D. Denton Parks Foundation affirms prompt and fair resolution of all
reported breaches.
C����#�s�a�� �� �nuv �can,fi�i�t �f �r���r�s�:
I hereby fully disclose below all known and potential conflicts of interest to the Denton Parks
Foundation and to the Executive Committee. This notice will remain on file with the Denton
Parks Foundation for three years. Please check all that apply.
❑ No known conflicts of interest
❑ Possible Conflicts of interest are disclosed below:
Possible Conflicts of Interest
Please sign and return page 5 to the Denton Parks Foundation staff. You may keep pages 1-4
of the Code of Ethics for your own records.
I have read the Denton Parks Foundation Code of Ethics and affirm that I will abide by them in
the Denton Parks Foundation fiscal year of January 1, 2018 through December 31, 2018.
Print name and Relationship with Denton Parks Foundation (e.g., Board/Volunteer/Staff)
Signature and Date
Return this form to the Denton Parks Foundation office, or email it to Molly Mayo Tampke
molly@dentonparksfoundation.com.
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I . ., 1 : 1 �- • '. + •. r • . • . • ., , '
Exhibit 2
Gifts Received
� $6,000 Scholarships
Denton Parks Foundation
■ $50,000 IOOF Cemetery improvements
2017-2018
Active fundraising ceased October 2017-August 2018, due to audit
and need for new City-Foundation MOU
Activities: Octob��~ ��w�."�R r�� ��1�
■ Identified, researched and produced documents for audit
� Worked with donor of $100,000 for IOOF
o Secured pledge and first pledge installment
� Responded to donor inquiries about audit
�� Worked with Denton County Friends of the Family, Serve
Denton/Giving Hope, and Communities in Schools on
partnerships for scholarships
� Received $6,000 from CoServ for scholarships to organizations
listed above, as well as for Parks and Recreation Department.
� Worked with DPARD on allocation of 2018 scholarships
����w�����; ��:�����i��� ��; ���'�; � �'� �����a���r�
� Work with DPARD on North Lakes dog park
• Research grant possibilities
� Build campaign gift table
• Assess viability of different park amenities needing private
support
• Attend Town Hall presentation on August 16
� Work with DPARD to transfer the following funds from the
Foundation to the City:
• Morale Fund
• Splash Park
• Youth Sports Enhancement Fees
• Pops Carter Sculpture
• Nette Schulz Bench
�� Discuss with DPARD and Foundation scholarship money raised
through City events:
• Liberty Run
• Cool Beans
• Reindeer Romp
� Continue work with community partners as CoServ scholarships
finish up
� Visit parks foundations in Houston (West University Parks
Foundation) and Pearland
� Move into and organize new office
� Reassemble records, etc.
� Work on amended/updated financial processes
� Hire new assistant
� Schedule Board retreat
�
Denton Parks Foundation
Fundraising Plan
Z018-2019
Fundraising Goals, 2018-2019
IOOF: $50,000*
Dog Park: $175,000
Scholarships: $6,000
Total: $251,000
*second installment of $100,000 pledge
� Begin preparation for 2019 Dog Park campaign
• goal: $175,000
• identify prospective donors
• identify and recruit campaign committee
• begin work on collateral materials (print, online)
• Determine whether to hold fundraising event for pog Park
in Quarter 3
� Attend September meeting of City Parks and Recreation Board to
discuss dog park
�� Work with Board to reintroduce Foundation to donors and
prospects
� One-on-one meetings
• Email newsletter
• DRC
• Facebook
� Close $100,000 gift for IOOF
•$50,000 received and booked in May, 2018
� Research low-cost ways to maintain prospect and donor records
� Continue to reassemble records, etc.
� Continue to work on amended/updated financial processes
• Use Dog Park campaign to reintroduce Foundation to donors and
prospects
o Recruit volunteers to help with campaign
o Work with volunteers, Board and DPARD to create
campaign to include
� Newsletters
� Social media
■ Print
� Collateral material
� Text to give
• Begin major gift phase of Dog Park campaign
� Create Major Gifts Committee
� Identify and begin soliciting 5-figure donor prospects
� Identify grant sources
• Continue work on website
• Work with DPARD on memorials
■ Cost
■ Donor recognition
� Promote on Foundation website
• Create spring newsletter
■ Email
� Print copies to distribute
• Decide on prospect management system
■ Train
� Move records to new system
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• Scholarship Solicitation
■ Goal: $6,000
� Grant funding
� Individual funding
• Work with DISD and DPARD on advertising swimming lesson
scholarships
• Continue solicitations for pog Park
� Major gifts
� Mid-level gifts
� Foundation and corporate support
• Begin planning for FY20 cultivation event.
• Identify partnerships to extend Foundation impact. Current
partners include
� Giving Hope/Serve Denton
� Denton County Friends of the Family
�� Communities in Schools of North Texas
� Denton ISD
�N � '� �'l �� :�
�• Establish/refine systems and processes to meet MOU expectations
• Refine donor/prospect database
• Determine ways to acquire new prospect names and addresses
• Work with DPARD to identify opportunities for Foundation
volunteers