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HomeMy WebLinkAboutContract 62919MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FORT 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") with 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 asthe "Parties." SECTION 1 Background and Purpose of MOU 1.1. Background. 1.1.1. The Fort Worth Public Library Foundation's mission is to "inspire, secure, and grow philanthropic support and advocacy to benefit the Fort Worth Public Library and our diverse community." 1.1.2. The Fort Worth Public Library's mission is to build a community of learners, dreamers, and doers. This is achieved through service at branch library 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. 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 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 designee to every 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 partner with the Libraryto raise private donations in support of library programs, services and capital projects. 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 beginning on November 26, 2024. The MOU may be renewed by the mutual written agreement of both parties for up to two (2) optional terms of five (5) years each. 3.2 Termination. Either Party may terminate thisAgreement for any reason with five (5) days written notice to the other party. 3.3 Notice. Written notice shall be provided to each party as specified below: To City: Library Director, Fort Worth Public Library, 100 Fort Worth Trail, Fort Worth, TX, 76102, or email to library-contracts@fortworthtexas.gov. To the Foundation: CEO, Fort Worth Public Library Foundation, 306 W 7th St. Suite 205, Fort Worth, TX 76102. 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 allprioragreementsandunderstandingsofthe parties. This MOU may be amended or modified only by a writing executed by the parties hereto. [Signature Page Follows] [Remainder of Page Intentionally Left Blank] ACCEPTED AND AGREED: CITY OF FORT WORTH: By: ___________________________ Dana Burghdoff Assistant City Manager Date: ___________________________ APPROVAL RECOMMENDED: By: ______________________________ Midori Clark Library Director ATTEST: By: ______________________________ Jannette Goodall City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: ______________________________ Jessica Dean Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Andrea Phillips Assistant City Attorney CONTRACT AUTHORIZATION: M&C: Not applicable 1295: Not applicable FOUNDATION: The Fort Worth Public Library Foundation By: Name: Andrea Ash-Stinson Title: President and CEO Date: ____________________________