The URL can be used to link to this page

Home My WebLink AboutContract 52659 ` CITY SECRETARY rENEID CONTRACT NO. 5a(459 pUG 14 J01s Memorandum of Agreement ,,WjNWeen the City of Fort Worth, TX and the Amon Carter Museum of American Art Library This Memorandum of Agreement("MOA") is entered into between the City of Fort Worth, Texas, on behalf of the Fort Worth Public Library ("City") and the Amon Carter Museum of American Art Library ("ACMAA") for the purpose of loaning certain periodicals to the ACMAA on a long-term basis. The City and ACMAA shall be referred to as Party individually and Parties collectively. WHEREAS, the City holds bound periodicals dating to the late 19th century, as more fully described in Exhibit A, ("Periodicals") that fall within the scope of the Amon Carter Museum of American Art Library (ACMAA); and WHEREAS, the periodicals are rarely accessed in their current location; and WHEREAS, the ACMAA has a research library that will provide greater access to this information by City residents and visitors; and WHEREAS,the City believes that it is in the public's benefit and furthers the City's goals to make the Periodicals more accessible; and WHEREAS, in an effort to make these periodicals more discoverable to the users who seek them, the City will loan the Periodicals to the ACMAA Research Library on a long-term basis. NOWTHEREFORE, based on the foregoing, the Parties agree to the following terms and conditions: I. CONSIDERATION This MOA sets out the terms by which the City will loan the Periodicals to the ACMAA to ensure they are more readily available to art researchers and other members of the public. ACMAA accepts the loan as good and valuable consideration for its responsibilities hereunder. The ACMAA shall house the Periodicals in its Art Research Library and they shall be accessible by visitors to the ACMAA. The City accepts ACMAA's display of the Periodicals in an accessible location as good and valuable consideration for its responsibilities hereunder. No money shall be exchanged under this MOA. II. RESPONSIBILITIES A. City City shall provide access to the Periodicals to ACMAA staff for packing and removal during normal business hours at the Central Fort Worth Public Library, 500 West 3rd Street, Fort Worth, Texas; or at another time mutually agreed to by the Parties. City shall maint OFFICIAL RECORD MOA between the City of Fort Worth,TX CtV, SECRETARY and ACMAA POY MTV® j)( the Periodicals in its integrated library system, with catalog display informing researchers that the materials are located at ACMAA and the ACMAA's contact information. B. ACMAA ACMAA shall house the Periodicals in a secure environment with temperature seventy-two degrees Fahrenheit (72' F) or below, and with relative humidity between thirty-five percent (35%) and fifty percent (50%). ACMAA shall also ensure that the materials are available to the public during all normal business hours of the Art Research Library. ACMAA shall not alter or change the materials and shall not allow the materials to be taken out of the ACMAA facility without written approval from City. Provide at the expense of the Amon Carter Museum of American Art: space and staff, as needed, to house and maintain the materials, and provide to the public physical access to the materials. ACMAA must also provide intellectual access to the materials through their integrated library system/catalog. ACMAA shall submit two reports for this project: an interim report due on December 31, 2019 and a final report due on December 31, 2020. Each report should include a narrative summary of the progress achieved toward the ACMAA Library receiving a loan of bound periodicals from the Fort Worth Library (See Exhibit A). III. TERM AND TERMINATION This MOA shall begin on July 1, 2019, and shall continue in full force and effect until terminated by either Party. Either Party may terminate this MOA at any time and for any reason without any penalty of any kind with thirty (30) days' written notice to the other Party. In the event of termination by City, City shall have ten (10)business days to pack and remove the Periodicals from the ACMAA facility. At the request of City, ACMAA shall provide access to City personnel during ACMAA's normal business hours for the purpose of packing and removing the Periodicals. In the event that the ACMAA or its Library ceases to exist, the loaned materials will be returned to the Fort Worth Public Library, at the expense of the ACMAA within thirty (30) days. The City may request that the Periodicals be made unavailable immediately at any time by providing written notice. In the event the City requests that the Periodicals be made unavailable, ACMAA shall prohibit the public's access to the Periodicals within thirty-six (36) hours of the notice, and shall prohibit public access until the City has provided written notice that the Periodicals may again publicly accessible. IV. NOTICE AND POINTS OF CONTACT Notice shall be deemed to have been provided by emailing and mailing a hard copy of any necessary information to the physical address and email address provided for each Party below: To ACMAA: Head of Library MOA between the City of Fort Worth,TX and ACMAA Page 2 of 5 3501 Camp Bowie Blvd. Fort Worth, Texas 76107 To City: Genealogy, Local History and Archives Supervisor 500 West 3rd Street Fort Worth, Texas 76102 ZZ_LIB_Cluster Managers@fortworthtexas.gov 817-392-7740 V. SEVERABILITY If any provision of this MOA is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. VI. GOVERNING LAW AND VENUE This MOA shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Norther District of Texas, Fort Worth Division. VII. ENTIRETY OF UNDERSTANDING This MOA constitutes the entire understanding between the parties as to the matters contained herein. Any prior or contemporaneous oral or written agreement or other documents are hereby declared null and void to the extent they may conflict with any provision of this MOA. VIII. IMMUNITY The City does not waive its sovereign immunity by entering into this MOA, and shall fully retains all immunities and defenses provided by law or otherwise with respect to any action based on or occurring as a result of this MOA. IX. INDEPENDENT CONTRACTOR The parties to this MOA do not intend to enter into a legal partnership, as that term is used to describe a legal entity and to involve joint and several liabilities. ACMAA shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Likewise, City shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the ACMAA. Neither Party shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of the officers, members, agents, servants, employees, or officers of the other. ACMAA HEREBY AGREES TO INDEMNIFY CITY FOR ANY AND ALL CLAIMS THAT RESULT ON ACMAA'S PROPERTY. MOA between the City of Fort Worth,TX and ACMAA Page 3 of 5 X. OTHER PROVISIONS Nothing in this MOA is intended to conflict with any current laws or regulations or with the directives of the City of Fort Worth or Tarrant County. To the extent any money is exchanged as a part of this MOA, the City shall have the right for a period of three years after such payment to audit to ACMAA's records related to the money from City to ACMAA. No money shall be exchanged under this MOA. XI. MODIFICATION AND AMENDMENT No amendment, modification, or alteration of the terms of this MOA shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. XII. SIGNATURE AUTHORITY The person signing this MOA hereby warrants that he or she has the legal authority to execute this MOA on behalf of his or her respective party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this MOA. [The remainder of this page was intentionally left blank.] [Signature Page follows.] MOA between the City of Fort Worth,TX and ACMAA Page 4 of 5 ACCEPTED AND AGREED: ACCEPTED AND AGREED: ACMAA: CITY OF FORT WORT E By: Qi90 By. Jesus Chapa Assistant City Manager c Date: ,�y �g Date: APPROVED AS TO FORM APPROVAL RECO ENDED: AND LEGALITY: By: t�— ACMAA Mari n arvi Assistant ibrafy irector Printed Name: L'Do Date: III Signatu Eoc Date: _ 74 gh APPROVED AS TO FORM AND LEGALIT Contract Compliance Manager: By signing I acknowledge that I am the By: person responsible Jo Ann e for the monitoring and administration of this Assis t City Attorney contract, including ensuring all performance and reporting Date: rTements. � Contract Authorization: Mari yn M4r n r M&C: N/A 1295: Not Required Assistant Li rary Director ATTES By. t / Mary . Kayser V1 City Secretary OFFICIAL RECORD, CITY SECRETARY' MOA between the City of Fort Worth,TX FT W�'q and ACMAA Pa e o