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Home My WebLink AboutContract 44503 (2)� ' - ��i- . ' `�' ,e ;.; >;:� MEMORANDUM OF UNDERSTANDING Friends of the Fort Worth Public Library, Inc. � � c-7 � � rr► � � ,�. � 6 ,� � _� � This Memorandum of Understanding (MOU) is made and entered into this 21st day of May between the City of Fort Worth (City) and Friends of the Fort Worth Public Library, Inc. (Friends), a Texas non-profit corporation exempt from taxation pursuant to internal Revenue Code section 501(C)(3). Introduction DESCRIPTION: Friends of the Fort Worth Public Library, Inc. is a non-profit membership organization which exists to improve the quality of life in the community by providing advocacy, funding, and volunteer services to the Library. The organization also serves as a conduit for organizations and corporations which are restricted from making donations directly to government entities. DESCRIPTION: The Fort Worth Public Library welcomes and supports all people in their enjoyment of reading and recreational materials and their pursuit of learning and information. The Fort Worth City Code Sec. 19-16 establishes the Library as a department of the City supervised, by a City Librarian that is appointed by the Ciry Manager. The City Council has designated the Library as the official depository for municipal records deemed to be of historical significance. COMMON PURPOSE: The parties share the common objective of developing and maintaining high quality library services for all City of Fort Worth residents. Scope This MOU describes the roles and responsibilities of the City and the Friends and the manner in which parties will collaborate regarding operations and programs that benefit the Library and its customers. Agreements The City and the Friends agree as follows: I. COORDINATION a. b. c. The Library director, or designee, shall serve as the official City liaison to the Friends Board of Directors. The Friends shall coordinate all Friends activities with the Director or Director's designee that directly suppori, involve or impact the LiU�-ary staff and programs. Requests i. The Library shall make an annual request to the Friends in the manner designated by the Friends. ii. The request may include but is not limited to funds for capital improvements, collection acquisition, educational �raTn�� 5/31/2012 � 1 , � y, reading and literacy, technology, operations, staff training, and incentives for staff and public. II. MATERIALS a. Sale of Discarded Material - M&C G-17900 authorizes the City Manager to enter into an agreement with the Friends to sell or otherwise dispose of library materials at least annually. Under this agreement the materials become the properry of the Friends for the purpose of sale and final disposition. b. Acquisition of library materials is guided by the Library Materials Collection Policy. Except for the Genealogy, Local History and Archives Unit, the Fort Worth Public Library is not a library of historical record and does not attempt to provide archival or research-level collections. c. Acceptance of gift materials is guided by the Collection Policy and the Gifts Policy. In general, gift materials that are not used by the Library will be donated to the Friends for disposition. III. PROGRAMS a. Approval to use the Library's facilities for programs and/or events shall follow the Library's approved Meeting Room Policy. b. The Friends shall coordinate all meetings, program/event offerings in libraries with the appropriate Director's designee c. If the program/event is offered after hours, the Friends shall be responsible for all costs associated with these programs and/or events including but not limited to extra janitorial services, security services, and equipment rental unless prior approval for sharing expenses has been requested and approved by the Library Director or designee. IV. CAPTAL IMPROVEMENT PROJECTS a. The decision to embark on a capital improvement project for the Library is a mutual agreement between the City and the Friends that is guided by the Library 20/20 Vision Master Plan approved by the City Council, December 16, 2011. b. Ci , Responsibilities - The City shall have the primary responsibility to oversee and manage the project including the following responsibilities: i. Selection of and contracting with consultants for construction in accordance with city requirements. ii. Contracting with the consultants for furniture, fixtures and equipment iii. All public review and comment with respect to the Project. iv. Administration of all project aspects including but not limited to funds for construction, furniture, fixtures and equipment. v. Making reasonable efforts to obtain allocations of public funds from a variety of sources for use in connection with the project. vi. Development and implementation of regular maintenance schedules for all Project facilities, furniture, fixtures and equipment 5/31/2012 Page 2 vii. Establishment of separate accounts for funds deposited from the Friends and other grant sources in accordance with City requirements. c. Friends Responsibilities - The Friends shall have primary responsibility to: i. Identify, solicit and provide private funds for the identified Project. ii. Separately account for all funds raised for the Project. iii. Deposit all funds pledged to complete the project with the City prior to the start of the project unless another agreement is requested in writing and approved by the City Council. iv. Provide the City with advance written notice of any terms and conditions of any proposed pledges or donations that could impose financial or other obligations on the City. v. Make requests for an accounting of the funds at periodical intervals. V. FUNDRAISING - All fundraising activities shall support the librar�s goals and priorities in conjunction with those of the Friends. a. The Friends shall retain and manage all restricted and unrestricted gifts/grants made by donors to the Friends. b. All restricted gifts made to the Friends that designate a library program or service as beneficiary shall be administered by the Friends in accordance with the wishes of the donor. The Library Director shall request an annual disbursement from restricted funds. c. The Friends shall provide financial reports through the Director to the City Manager, or designee, with respect to amounts collected and expended by the Friends on an annual basis. d. The Library shall provide the Friends with an annual accounting of its expenditures of funds provided by the Friends. At the request of the City, the Friends shall provide the results of the Friend's annual audit outlining all expenditures and revenue generated in the name of the Library. VI. MISCELLANEOUS a. Bi-annual review and amendment of Agreement. The City and Friends agree that this Agreement will be reviewed on a bi-annual basis. This agreement may be amended by a letter signed by the parties. b. Termination of Agreement. This agreement will terminate five years from the date of the last signature. Additionally, this Agreement may be terminated by either party with 365 days prior written ►�otice, to either the Library Directar af the President of the Friends of the Fort Worth Public Library, Inc. - - — - -_-��.� 1 ' ' IN WiTNE S WHEREOF, the parties hereto have executed this Agreement in multiples this �1�day of �ti�� , 2013. ACCEPTED AND AGREED: CITY OF FORT WORTH: By: rles Daniels stant City Manager FRIENDS OF THE FORT WORTH PUBLIC LIBRARY, INC. By: Date: d.s. .�0. /.,� Date: 'S — 2 � —�-3 ;r�";`' ". •"' •, ti � � � �� &�°°o��r`��4 ATTEST: -� � � �� a� � 0��4, / 1 il By. Mary J. City Se rY i� Q �A �� Oqb ?'�°a o�°a'�� QQOOODQoO 'r A r `�ct� ��: ��r'� APPROVED AS TO FORM AND LEGALITY: By: CONTRACT AUTHORIZATION: M&C: _ �-`� �i�l � v o � _ - ► .. :: - . --- --i��iii _� � . ; , � ,� ,, ��. - ,� �� 5/31/2012 Page 4 Charlene Sanders Assistant City Attorney 1VM&C Review CITY COUNCIL AGENDA DATE: CODE COUNCIL ACTION: Approved on 5/21/2013 5/21/2013 REFERENCE NO.: **G-17900 ,e3 TYPE: CONSENT LOG NAME: PUBLIC HEARING: Page 1 of 2 Official site of the City of Fort Worth, Texas F(lR�t' �'4'ORTH �� 84FRIENDSMOU NO SUBJECT: Authorize Execution of a Memorandum of Understanding with the Friends of the Fort Worth Public Library, Inc., and Authorize Execution of a Books and Materials Disposition Contract with the Friends of the Fort Worth Public Library, Inc. (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a Memorandum of Understanding with the Friends of the Fort Worth Public Library, Inc.; and 2. Authorize execution of a books and materials disposition Contract with the Friends of the Fort Worth Public Library, Inc. DISCUSSION: The Friends of the Fort Worth Public Library, Inc. (Friends), a non-profit 501(c)(3) volunteer support organization, was established more than 35 years ago. Its purpose is to improve the quality of life in the community by providing advocacy, additional funding, and volunteer services to the Fort Worth Public Library. Staff recommends execution of a Memorandum of Understanding (MOU) with the Friends that specifies mutually-agreed expectations befinreen the City of Fort Worth and the Friends as they work together toward the common objective of providing high-quality library services. The document covers how the two organizations will coordinate programming and fundraising for capital projects. The MOU will become effective on the date of its execution and remain in effect for five years or until either party initiates termination. Staff also recommends execution of a Books and Materials Disposition Contract (Disposition Contract), which will allow the Friends to sell withdrawn Library materials. A public library best practice is to remove outdated, unused, and worn-out materials from the collection. On April 9, 2002 the City Council approved M&C C-19041 authorizing an Agreement with the Friends to receive and sell materials discarded from the collections of the Fort Worth Public Library, and return net proceeds from the sales to the Library as part of the of the Friends' budget cycle. This successful Agreement serves a public purpose in support of the Fort Worth Public Library and its services. Proceeds from the sales have helped fund reading programs, the Library's System Master Plan, and the eSkills Library and Job Center. Funds have also contributed to the purchase of needed equipment such as a new delivery truck. Although the Books and Materials Disposition Contract entered into in 2002 does not have an expiration date, the parties concluded that an updated contract should be established. Under the Disposition Contract, the materials withdrawn from the Library will become the property of the Friends for the purpose of sale and final disposition. The Friends will be required to conduct a book sale no less than annually, with net proceeds from the sale(s) to be returned to the Library. The Agreement also gives the Friends the option of selling materials in their bookstore. The initial three- year term of the Agreement will begin upon execution. The Agreement may be renewed at the option http://apps.cfwnet.org/council�acket/mc_review.asp?ID=18367&councildate=5/21/2013 5/23/2013 M&C Review of the City for up to two additional terms of one year each without additional Council action. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS Charles Daniels (6199) Gleniece Robinson (7706) Adam Wright (8522) http://apps.cfwnet.org/council�acket/mc review.asp?ID=18367&councildate=5/21/2013 Page 2 of 2 5/23/2013