The URL can be used to link to this page

Home My WebLink AboutContract 26522 CITY SECRETARY,,, � CONTRACT NO. 7G0„ r� FUNDING AGREEMENT BETWEEN CITY OF FORT WORTH AND MUSEUM OF SCIENCE AND HISTORY This FUNDING AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation situated in Tarrant and Denton Counties, Texas, whose business address is 1000 Throckmorton, Fort Worth, Texas 76102, acting by and through Charles Boswell, its duly authorized Assistant City Manager, and the MUSEUM OF SCIENCE AND HISTORY (the "Museum"), a Texas not-for-profit corporation, acting by and through Donald Otto, its duly authorized Executive Director. In consideration of the mutual covenants, promises and obligations contained herein, the parties agree as follows: 1. FUNDING AND SCOPE OF SERVICES. Pursuant to V.T.C.A., Tax Code Chapter 351 and the Code of the City of Fort Worth ("City Code") § 32-17, the City agrees to pay Museum during the term of this Agreement the sum of Five Hundred Three Thousand One Hundred Ninety Dollars ($503,190) from revenue generated by the City's hotel occupancy tax. The City will pay Museum this sum in twelve (12) monthly installments of Forty One Thousand Nine Hundred Thirty Two and 501100 ($41,932.50). In return, Museum will promote artistic and cultural activities to help the City promote tourism and the convention and hotel industries. Specifically, Museum will maintain, house and exhibit geological, biological and zoological collections; foster a knowledge and appreciation of history, art and science; preserve objects of historic, artistic and scientific interest; and offer additional instructional guidance and other educational and aesthetic opportunities for tourists, visitors and convention delegates in Fort Worth. Museum agrees that expenditures of any funds received hereunder shall be for purposes that fully comply in with V.T.C.A., Tax Code § 351.101. 2. TERM OF AGREEMENT AND TERMINATION. (a) This agreement shall commence on October 1, 2000, and end on September 30, 2001. The City may terminate this agreement for just cause by giving Museum written notice not less than one-hundred eighty (180) days prior to the effective date of such termination. c,f��611 r% PEC00 (b) If the City exercises its right to terminate this agreement prior to its expiration, Museum's obligations to the City under this agreement shall continue until the date such termination actually takes effect. On the date of termination, Museum shall reimburse to the City all funds it has received, but not otherwise committed or encumbered by Contract, under this Agreement. (c ) In the event that no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Museum of such occurrence and this Contract shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 3. ACCOUNTING. (a) In accordance with V.T.C.A., Tax Code § 351.101(f), Museum agrees that the funds received hereunder may be used for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative expenses are incurred directly in the promotion and servicing expenditures authorized under Tax Code § 351.101(a). (b) Museum further agrees that it will maintain all funds received hereunder in a separate account. Museum shall not commingle such funds with any other funds or maintain such funds in any other accounts. In addition, Museum's expenditure of such funds shall strictly be in accordance with its Budget, attached as Exhibit A and incorporated herein by reference for all purposes. Museum understands and agrees that upon the acceptance of funds hereunder, a fiduciary duty is created with respect to the expenditure of such funds. (c) Museum shall submit quarterly financial reports to the City that reflect all receipts and disbursements of funds received pursuant to this agreement. In addition, within thirty (30) days following the end of the City's fiscal year, Museum shall submit to the City an annual financial report that reflects all receipts and disbursements of such funds received during the term of this Agreement and that sets forth all other material information pertaining to the financial activities and financial condition of the Museum. (d) At any time during the term of this agreement, the City shall have the right to authorize an audit of Museum's records as they pertain to its receipt and expenditure of funds hereunder. Such audits shall be prepared at the City's expense. However, if any such audit reveals material discrepancies in the Museum's records, Museum agrees that it shall reimburse the City for the full costs of such audit. 4. BOND HOLDER RIGHTS. The City's obligations and Museum's rights under this Agreement shall be subordinate to and limited by the terms and conditions of all subsequent City ordinances which authorize the issuance of bonds whose payment is pledged upon the City's hotel occu an m agrees and understands that rights of the holders of any such revenue b � w � r in 2 Pa all respects to the rights of Museum. However, the City, to the extent practicable, shall give Museum as much prior notice as reasonably possible of the City's intent to issue such bonds. 5. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Museum shall operate as an independent contractor as to all services and obligations performed hereunder, and not as an agent, representative or employee of the City. Museum shall have the exclusive right to control the details of its operations and activities and shall be solely responsible for the acts and omissions of its boards, officers, agents, servants, employees, contractors, subcontractors and members. The Museum acknowledges that the doctrine of respondeat superior shall not apply as between the City and Museum its boards, officers, agents, servants, employees, contractors, subcontractors and members. Museum further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Museum. 6. INDEMNIFICATION. MUSEUM HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE RECEIPT OR EXPENDITURE OF CITY FUNDS OR THE PROVISION OF ANY SERVICES HEREUNDER. MUSEUM COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY OF ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE RECEIPT OR EXPENDITURE OF CITY FUNDS OR THE PROVISION OF ANY SERVICES HEREUNDER. 7. ASSIGNMENT. Museum shall not assign, sell, convey or transfer its interest under this agreement. Any such attempted assignment of same shall be null and void. 8. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this contract, the City does not waive or surrender any of its governmental powers. CSU' tEI MPY 3o 'U�`` U�p � o 9. NO WAIVER. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right granted herein shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert any such right on any future occasion. 10. VENUE. Should any action, whether real or asserted, at law or in equity, arise out of the terms of this contract, venue for said action shall be in Tarrant County, Texas. 11. SEVERABILITY. If any provision of this agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provision shall not in any way be affected or impaired. 12. ENTIRETY OF AGREEMENT. This written instrument, including any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Museum as to the matters herein contained. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties and approved by the City Council of the City. IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples to become effective for the stated term upon the filing with and assignment of a contract number by the City Secretary's Office of the City of Fort Worth, Texas, this day of Ak ,A.D.48 0. CITY OF FORT WORTH MUSUEM OF SCIENCE AND HISTO By: Charles Boswell Dona d Ot Assistant City Manager Executive Director ATTEST: By: City Secretary APPROVED AS TO FORM AND LEGALITY: f C Assi nt City ttorney ;�► RCCU"i H(CO �D COY Kf'( ° QQ� 5 bg f R K , r i STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Don Otto, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the Museum of Science and History, and that he executed the same as the act of the Museum of Science and History, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this C4dayof 2000. Notary Pblic in and for the State of Texas rye- RUTH-ANNE CAIN 'k` •" MY COMMISSION E XPIRES JIlsle27,2003 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Charles Boswell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity thereipn stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this�1`t day of , 2001. •'`" 4 ROSELLA BARNES Notary Public in and for the State of Texas *ice *: NOTARY PUBLIC State of Texas ?�; Comm. Exp. 03-31-2001 P Ir�U of CLS�;U:6UWUS�11 6 City of Fort Worth, Texas 4volvor and Council communicatioVal DATE REFERENCE NUMBER LOG NAME PAGE 12/5/00 **C-18372 1 02MUSEUM 1 of 1 SUBJECT CONTRACT WITH THE MUSEUM OF SCIENCE AND HISTORY RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with the Museum of Science and History for$503,190 to begin October 1, 2000, and end September 30, 2001. DISCUSSION: Funds for this program are appropriated for the agency by the City from a portion of the Hotel/Motel Occupancy Tax receipts. The Fort Worth Museum of Science and History is a facility where geological, biological and zoological collections are housed. The museum is active in increasing knowledge by offering instruction and opportunities for aesthetic enjoyment. Its preservation of objects of historic, artistic and scientific interest fosters an appreciation of history, art and science within Fort Worth and surrounding areas. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Culture and Tourism Fund. CB:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Charles Boswell 8511 CITY COUNCIL Originating Department Head: DEC 5 2000 Charles Boswell 8511 (from) GG04 539120 0243010 $503,190.00 ;L v Additional Information Contact: p City Secretary of `�•- M City of Fort Worth. Texas Bridgette Garrett 8518