HomeMy WebLinkAboutContract 39515' CITY
O I
License Agreement
between
The City of Fort Worth
and
The Friends of the Fort Worth Public Library, Inc.
By this document the City of Fort Worth and the Friends of the Fort Worth Public
Library, Inc., (the Friends) agree to the development, maintenance and operation of the Friends'
Bookstore at the Central Library. The goals of the Friends' Bookstore are to provide greater
visibility to the Friends organization, to provide an opportunity for the public to purchase books,
gifts and materials, and to enhance the Friends' ability to benefit the library.
This bookstore will sell children's books, gifts, sundries, and other items approved by the
Library Director. Space will be made available at the Central Library at no rental cost to the
Friends. The revenue from this bookstore, minus administrative and operational expenses, will
be made available for the purchase of new children's materials for the Fort Worth Library system
in accordance with the Friends charter and bylaws and through a process agreed upon by the
Library Director and the President of the Friends.
Construction
• The City will make available for the use of the Friends approximately 325 square feet of
space on the north end of the Circulation desk in the Central Library's Grand Hallway of
Knowledge.
• The City's Department of Transportation and Public Works Department (TPW) will
prepare drawings for the enclosure and conversion of the space and, except as otherwise
specified below, will perform the labor for construction, inspection, and oversight at
TPW's own expense and without cost to the Library and/or the Friends.
• The Friends will compensate the City for any building permit fees and the costs of all
construction materials necessary for the project.
• Construction will include erection of a drywall divider separating the space from
Circulation; construction of under the counter cabinetry; mounting of slat wall shelving
on the east wall and on the north wall above the plumbing access panels; installation of a
3 foot tempered plate glass window above the west counter; framing of a wrought iron
gate; prep work and painting.
• The Friends will independently contract with a commercial vendor for the manufacture of
the gates, using specifications provided by TPW, and have this item installed by the
v nuor at the r riencf s , o wn expense.
• QfVr #Cn dently contract with a commercial vendor for the manufacture of
t1.e9E(eS#g8ER&XV r, using specifications provided by TPW, at the Friends' own
FT NORTH, TX
_. 1
expense and have this item delivered at the time of construction for installation. TPW
will install the glass and bill the Friends for labor costs.
• The adaptation will be of a quality in keeping with the overall appearance of the Grand
Hallway.
Operation
• The bookstore hours must be approved by the Library Director and compatible with the
regular operating hours of the Central Library. The bookstore will not be required to
remain open during all of the Library's operating hours.
• The Friends will furnish volunteers/staff for the operation of the bookstore, and at no
time will City staff be asked or permitted to open the store, take deliveries, or otherwise
participate in the operation of the bookstore.
• Access to the Library's garage will be available to the Friends for the receipt of
merchandise, equipment, and furnishings to be used in the bookstore.
• No additional space for storage will be made available to the Friends.
• Books and other materials sold by the Friends will not include items weeded from the
Library collection, and may not contain security tags or other Library labels or stickers.
• When the bookstore is not in operation, the area will be secured by a locked gate. The
Friends will supply keys to Library Administration to the entrance for reasons of security,
maintenance and emergency access.
• At all times, the bookstore will be maintained in an orderly manner so that there will be
no issues regarding physical hazards and fire protection.
• All cash and revenues from sales will be kept in a secured safe or lock box and removed
from the premises at least weekly to minimize the risk of theft or loss. The Friends may
not place any funds in the Library's safe because of the City's auditing rules and
procedures.
Utilities
• The Friends will not be required to compensate the City for the use of utilities in the
bookstore.
Liability
The Friends will show proof of commercial/general liability insurance and will indemnify,
defend and hold harmless the Fort Worth Library and the City of Fort Worth, their
2
officers. agents, and emplovees from and against anv and all claims, suits, and actions of
anv kind, arising, resulting or accruing from or relating to personal iniuries or property
damage arising from the Friends' use of the Librarv's facilities.
Commercial General Liability (CGL)
During the term of this Agreement, the Friends shall procure and maintain at all times, in
full force and effect, a policy or policies of insurance that provide the specific coverage
set forth herein as well as any additional coverage that a reasonable person would obtain
to cover any and all other public risks related to the Friends' performance of its
obligations under this Agreement. The Friends shall specifically obtain the following
types of insurance at the following limits and subject to the additional requirements listed
below.
$500,000 each occurrence
$500,000 aggregate limit
Coverage shall include but not be limited to the following: premises/operations,
independent contractors, products/completed operations, personal injury, and contractual
liability. Insurance must be written on an occurrence basis, and be as comprehensive as
the current Insurance Services Office (ISO) policy.
• The certificate of insurance shall document the City of Fort Worth, its officers,
employees and volunteers as an "Additional Insured" on all liability policies.
• The certificate of insurance must provide that the City shall receive thirty days' (30)
notice prior to cancellation or non -renewal.
• All policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the
City of Fort Worth.
• The insurers for all policies must be licensed and/or approved to do business in the State
of Texas. Except for workers' compensation, all insurers must have a minimum rating of
A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent
financial strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
• Certificates of insurance shall be delivered to the City of Fort Worth prior to
commencement of work, addressed to the attention of Sue Haupt, Risk Management,
1000 Throckmorton Street, Fort Worth, Texas 76102 with a copy to Kenneth Hopkins,
500 West Third Street, Fort Worth, Texas 76102.
3
Cancellation
• This Agreement may be terminated by either party by written notification at least 60
days' in advance of the desired termination date.
• The City will not compensate the Friends for any costs incurred for the construction or
operation of the bookstore.
• The Friends will return the space in its improved condition, and will not be responsible
for restoring th-t space to its original state.
1'
4V Date i 12
Assistant City Attorne�l
Ass t City Manager
Library Director
President, Friends of Fort Worth Public Library, Inc.
Attested by:
l
Marty Hendrix, ity Secretary
Date
Date
Date// /—/'
OFFICIAL RECORD
CITY SECRETARY
NO M&C REQUIRED FT. WORTH, TX
4