(a)  The foundation is authorized and empowered:

(1)  To adopt bylaws for the regulation of its affairs and the conduct of its business;

(2)  To adopt an official seal and alter the seal at pleasure;

(3)  To maintain an office at any place or places within the state as it may designate;

(4)  To sue and be sued in its own name, plead and be impleaded. Service of process in any action shall be made by service upon the chairperson of the foundation;

(5)  To employ assistants, agents, and other employees that may be necessary or desirable for its purposes; to contract for and engage consultants, and to utilize the service of other governmental agencies;

(6)  To accept from a federal agency, loans or grants for use in carrying out its purposes, and to enter into agreements with that agency respecting those loans or grants;

(7)  To acquire, purchase, manage, and operate and hold and dispose of real and personal property, to take assignments of rentals and leases, and make and enter into all contracts, leases, and agreements necessary or incidental to the performance of its duties;

(8)  To receive any gifts, grants, or donations made for any of the purposes of its program, and to disburse and administer them in accordance with the terms thereof; and

(9)  To do all acts and things necessary or convenient to carry out the powers expressly granted in this chapter.

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Terms Used In Rhode Island General Laws 42-57-4

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Personal property: All property that is not real property.
  • seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
  • Service of process: The service of writs or summonses to the appropriate party.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

(b)  These powers do not remove from the department of environmental management any responsibilities for maintaining, operating, and developing the Fort Adams State Park complex as an integral part of the system.

(1)  The department of environmental management assumes tort liability for the purpose of public access and use of a tour program at the Fort Adams complex, which shall be operated by the foundation with oversight by the department. The department in its oversight capacity shall be engaged in a governmental function, and in any tort action against the state, the damages recovered shall not exceed the sum of one hundred thousand dollars ($100,000) as identified in § 9-31-2.

(2)  In addition to any other requirements mandated by the department of environmental management, any contractor hired shall be required to carry liability insurance in an amount to be determined by the director.

(3)  The director may, through regulation or memorandum of agreement, create and establish an advisory committee for the Fort Adams State Park.

History of Section.
P.L. 1972, ch. 171, § 1; P.L. 1995, ch. 186, § 1; P.L. 2013, ch. 146, § 1; P.L. 2013, ch. 196, § 1.