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HomeMy WebLinkAboutContract 53116 CITY SECRETARY CONTRACT NO. 25 Zp19 N �FS��R � N MEMORANDUM BETWEEN HE CITY YO FORTUNDERSTANDING WORTH (FORT WORTH PUBLIC LIBRARY)AND FORT WORTH PUBLIC LIBRARY FOUNDATION This Memorandum of Understanding ("MOU") is made and entered into by and between Fort Worth Public Library Foundation ("Foundation"), a Texas non- profit corporation, acting by and through its duly authorized representative and the City of Fort Worth ("City") and the Fort Worth Public Library ("Library"), a Texas home- rule municipal corporation, acting by and through its duly authorized Assistant City Manager, to document the relationship between the two entities. City and Foundation may be referred to herein individually as a "Party" or collectively as the "Parties." SECTION 1 Background and Purpose of MOU 1.1. Background. 1.1.1. The Fort Worth Public Library Foundation's mission is to "benefit both the Fort Worth Library and the Fort Worth community by providing resources that support educational programming, buildings, and infrastructure improvements". 1.1.2. The Fort Worth Public Library's mission is to build a community of learners, dreamers, and doers. This is achieved through library service in 16 locations, as well as programs, services, and partnerships inside and outside the library buildings. 1.2. Purpose. This MOU represents the intent of the Parties to memorialize the understanding of the Parties and their desire to ensure positive library outcomes for residents of Fort Worth. The Parties acknowledge that no contractual relationship is created between them by this MOU, but agree to work together in the true spirit of partnership. SECTION 2 Goals or Projects 2.1. Fort Worth Public Library Foundation 2.1.1. The Foundation will provide funding for library programs and services. Funds will be given to the Library in these ways: 2.1.1.1. An annual request letter from the Library to the Foundation. 2.1.1.2. Ongoing requests as needs arise during the year. 2.1.2. The Foundation will invite the Library Director or designe6—fo`every .,.,L RECORD CITY SECRETARY FT WORTH,TX board meeting (excluding committee meetings or executive sessions)to give a report on the status of the Fort Worth Public Library. 2.1.3. The Foundation may provide advocacy for the Library's budget request and other needs as requested. 2.1.4. The Foundation may contribute to the library through capitol campaigns. 2.1.5. The Foundation may office out of the Central Library, as outlined in a separate license agreement. 2.2. City of Fort Worth & Fort Worth Public Library 2.2.1. The City of Fort Worth will support the Fort Worth Public Library with an adequate budget and number of library locations to serve the residents of the city. 2.2.2. The Library will provide space for Foundation meetings and events, as space allows. 2.2.3. This MOU is not an obligation or commitment of City funds, nor a basis for transfer of City funds. All obligations of and expenditures by each Party are subject to their respective entity's budgetary and fiscal processes and availability of funds pursuant to all laws, regulations, and policies applicable thereto. SECTION 3 General Terms 3.1 Term. The Term of this MOU shall be for five (5) years from the date of execution by both Parties. 3.2 Termination. Either Party may terminate this Agreement for any reason with five (5) days written notice to the other party. 3.3 Notice. Notice shall be provided to each party by email as specified below: To City. Library Director, Fort Worth Public Library, 300 W 3r St. Fort Worth, TX, 76102, 817-392-7305, library-contracts@fortworthtexas.gov. To the Foundation: CEO, Fort Worth Public Library Foundation. 300 W 3rd St. Fort Worth, TX 76102, 817-346-2255,. 3.4 Governmental Powers. Nothing in this MOU shall be construed to waive any Governmental Immunities by City. 3.5 Venue. Should any claim arise from this MOU, venue shall lie in Tarrant County, Texas and this Agreement shall be construed in accordance with Texas laws. 3.6 Entire MOU. This MOU contains the entire understanding between the parties hereto with respect to the subject matter of this MOU and replaces and supersedes all prior agreements and understandings of the parties. This MOU may be amended or modified only by a writing executed by the parties hereto. [Remainder of Page Intentionally Left Blank] IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this go-Isday of , 20 IS ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person �—- responsible for the monitoring and administration By: of this contract, including ensuring all Name: Jesus Chapa performance and reporting requirements. Title: Assistant City Manager Date: ��-�� -/,f -�� By: APPROVAL RECOMMENDED: Name: Tim Shidal Title: Sr. Admin Services Manager APPROVED AS TO FORM AND LEGALITY: By: ��9-�— Nam M ily Marvin Title. t tat Library Director By: ATTEST: `� Na : Jo Ann Pate Ti e: Assistant City Attorney CONTRACT AUTHORIZATION: By: ts-m-A"t (, .`- `. . .,M&C: n/a Al" Name: Mary Kayser Title: City Secretary t i VENDOR: ATTEST: By: By: Name: Andrea Ash Name: Title: CEO, Fort Worth Public Library Title: Foundation Date: I�) OFFICIAL RECO CITY SECRET L[_ FT WORTH, TX