Ordinance No. 3,0691 0 1 2 2- 2
O RD I NA N C E NO _ 3 0 6 9
AN ORD=NANCE AUTIIOIt12=NG AND DIRECTING THE C 1T-TY mANAGER
OI` T H E C I T Y OF B AY TOWN TO E XE CUT E A C O NT R A C T W= T H T H E
S AY ARE A H E R S TA GS S OC I E TY W= T TI RE G A RD TO -PIXIE S LT P E RAT 1 S I O N
AND 1VIANAG _MENT O� A 1VIUSEUM A1�FD 1VIUSEi3M PROGRAM - AUTI-TORI Z I NG
PAYIVIENT BY THE CITY OF FIFTEEN THOUSANTI AND NOf 100
0 0 0- O G> D OL L A R S W I T I3 R E G A RD T O S U C H A GRE E 1V� EN T AND
P R ONT = D I N G F OR THE E F F E C T= VE DA T E HE R E O F -
SE = T ORD A I NE D BY TTE C TY C OUNC I L OF THE C I 117 N, O F
B A YT OWN
Sect ion 1 That trie City Council of the City of Baytown
h e r e b y a u t h o r i z e s a n d d i r e c t s t h e C i t y 1Li a n a g e r t o e x e c u t e a
coritrac t a copy oSr wYiich is attached as Exhibit "A" with the
S a.y A r e a H e r i t a g e S o c i e t y f o r t h e p a yme n t l� y t h e C i t y o f'
Baytown of the sum of Fifteen Thousand and Nof 100 $15 GOO _ GG
Dollars for service to Yee rendered in the supervision and
rraari Liu gement of a museum and museum program in the City of Baytown ,
Texas _
Sectiori 2 That
a n d a f t e r i t s p a s s a g e_
1NTRODLTCED READ ,
the City Council of the
January
A TT E S T
APP ROVED
this ordinance sha11 tape effect from
a n d IPA S S ED b y t h e a f f i rma it i v e v o t e o::r
C i t y o f B a y t o w n t h i s 2 2 n d d a y o f
, 1 9 S 1 _
H AL L, C i t y C 1 e r
orrney
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TIIE STATE OF TEXAS 0
COUNTY OF HARRIS 0
AGREEr,IENT between the City of Baytown, a municipal
corporation of Harris County, Texas, hereinafter called
"City t, and Bay Area Heritage Society, a iron- profit corporation
of Harris County, Texas, hereinafter called ,Society.�t
W ITNESSETH
WHEREAS, the Society has been organized in the
public interest of-the City of Baytown to Promote and foster
the heritage of. the City of Baytown and the Greater Baytown -
Area; and
WHEREAS, the City Council of the City of Baytown
has determined that it is in the public interest that the
heritage of the City of Baytown be developed, presented, and
interpreted to the members of the general-public; and
WHEREAS, the City and Society 'desire to operate a
museum and the attendant museum programs following mutually
acceptable guideline; and
S1iHEREAS, such a museum is a public service that
would normally cone within the purview of the Parks and
Recreation Department of the City of Baytown; and
V'TREREAS, such museum is intended to portray the
historical development of the City of Baytown; and _.
WHEREAS, the museum is. to be made available to the
general public as provided herein for cultural, educational,
historical,'recreational, and civic purposes; and
l'rHEREAS, it is the desire of the City of cooperate
with the Society in such a worthwhile civic enterprise; NOW
THEREFORE,
KNOW ALL MEN BY THESE PRESENTS.
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1 . That tho City a.groes t {) }zay to the Ray arF a
Heritage Society the sum of Fifteen Thousand and NoJ100
($15,000.00) Dollars for service to be rendered in the
continuing development, organization, supervision, and
management of the museum and museum programs for a one year
period from October 1, 1980 to October 1, 1981.
2. That the Society for and in the consideration
of the sum- of Fifteen Thousand and No /100 ($15,000.000) Dollars
agrees to do all things necessary to develop, organize,
supervise, and manage the museum and museum programs, which
may include, but is not limited to, conducting and promoting
guided tours for schools, churches, clubs, and senior citizens,
preparing and publicly displaying exhibits, publications,
postcards and films, conducting lectures and study courses,
demonstration of crafts common to our ancestors, providing
professional and staff personnel, maintaining and operating
adequate facilities, and the performance of all other acts
necessary to insure a successful operation of such civic
enterprise.
3. Society covenants and agrees that it will
hire a professional curator to staff the museum on a part-
time basis.
4. In no event will the City of Baytown pay more
than Fifteen Thousand and No /100 ($15,000.00) Dollars toward
the successful operation of such museum and museum programs.
5. Society covenants and agrees that it will
keep the museum open to the public for a minimum average of
20 hours a week, and on such other occasions as public
demand may justify.
6. The Society shall operate the museum free of
charge. Any admission charges or fees that may be collected
by the Society from the general public for any entry or use
of the museum shall be determined and established by City
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Council. This provision shall not be construed, however, to
prohibit the Society from soliciting donations, dues or
other funds from any person.
7. All money collected by the Society, and all
income or revenues derived from the operation of the museum
shall be set aside to be used by the Society solely in such
a manner as to develop, operate, and maintain this museum
and its programs.
S. Accurate records of all receipts and dis-
bursements shall be kept by the Society and all accounts may
be audited by the Finance Director of the City of Baytown.
The Society will disclose in these records that amount of funds
that it raised from whatever sources, including the sums
derived from anonymous donations, private contributions,
admission fees, and concession revenues. These records shall
also show the names of operating personnel, salaries, and
amounts necessary for supplies and other incidental items as
may be necessary and proper for the operation of the museum.
9. Society agrees that it will submit to the
City Council an annual report. The report shall show parti-
cipation, programs, number of tours, special exhibits, and
year's activities. The report shall be submitted by January
31, 1981.
10. Society shall secure and maintain such
insurance as will protect it from claims under the worker's
compensation. acts. Society agrees to carry Public Liability
and Property Damage Insurance covering its operations and
shall furnish the Director of Parks and Recreation upon
request proof of minimum liability coverage of limits of
$100,000.00 per claim, $300,000.00 per accident, and property
damage of $25,000.00 per claim and $50,000.00 per accident.
Society further agrees to hold City whole and harmless from
any claim, suit or demand arising against City as a result
of Society's operations of the premises.
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11. Society agrees that in the performance of its
undertakinos under this contract it will strictly observe
and abide by the ordinances of the City of Baytown, the laws
of the Skate of Texas, and of the United States of America
as the same may hereafter be amended or any new ordinances
or laws which may be enacted and will observe and abide by
the highest principles of civic responsibility to the end
that neither public funds nor public property shall be used
',in any manner, which is inimical to public confidence.
12. It is stipulated and agreed by the Society
that said organization, through its directors, utilizes and
manages property owned by the public; and that said organiza-
tion depends in part on public funds for financing of its
operations. In recognition of this public trust, the Society
hereby expressly agrees to exercise appropriate care, prudence,
and diligence in.the selection of members and the election
of directors for the purpose of assuring broad representa-
tion of the community interest, and to act always in accord-
ance with community goals and in the highest public interest.
Further, the Society hereby expressly agrees to supply the
names of those persons selected as Board of Directors for
filing as a public record. Such directors shall faithfully
and diligently exercise such authority as herein conferred
in conformity with the provisions of this agreement and with
the terms and provisions of any contract now or to be in
effect between the City and the Society.
13. The Board of Directors of the Society hereby
expressly agrees to conform in principle and, where appli-
cable, with the procedures adopted by the City Council in
the conduct of its meetings, and the directors shall adopt
appropriate and reasonable regulations to this end.
14, The Society shall file a true and correct
copy of its corporate charter, with amendments, if and, and
an accurage and complete copy of its bylaws and any amend-
ments thereto, with the Director of Parks and Recreation to
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be ined as a public rei:ord availdblo for in,�;pectiUll to
any person upon request during normal business hours. In
the event of subsequent amendments to said charter of bylaws,
true and correct copies of the same shall be timely filed
with the Director of Parks and Recreation.
15. In the event the City is of the opinion that
the intent of this contract is being violated by Society or
its employees, the Director of Parks and Recreation shall
di -sect that such violations be corrected or abated, which
order shall be obeyed by Society with the time specified
therein, except that the Society may have a hearing before
the City !Tanager if it files a prompt request therefore with
the Director of Parks and Recreation. Society may, within a
reasonable time, ask the City Council to review the subject
matter of the controversy and the City Council in its dis-
cretion may pass on the matter or grant a hearing thereon.
The decision of the City Council shall be final and binding
and not subject to review by the courts. Failure or refusal
of Society to comply with any such order of the Director of
Parks and Recreation, if the same be not reversed by the
City Council, shall authorize the cancellation of this
agreement.
16. It is expressly agreed and understood by all
parties hereto that the Society is an independent contractor
in its relationship to the City of Baytown. Nothing herein
contained at any time or in any manner shall be construed to
effect an agreement of partnership or joint venture or render
any party hereto the employer or master of any other party
and /or its employees, agents or representatives. All necessary
operating personnel shall be deemed employees of the Society.
17. The Society agrees to indemnify, and does
hereby indemnify, hold harmless and defend, the City of
Baytown, its agents, servants or employees, from and against
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any and all claims for damages or injuries to persons or
property of whatsoever kind of character, whether real or
asserted, arising out of or incident to the operation of
this museum service.
18. The City Council reserves the right to cancel
this contract in the event the services performed by Con-
tractor hereunder are unsatisfactory in the judgment of the
City Council, and further for the violation of any provision
hereof. Cancellation for cause may be ordered by the City
Council at any time during the life of the contract.
EXECUTED this the day of
1981.
ATTEST:
EILEEN P. HALL, City Clerk
ATTEST:
Secretary
CITY OF BAYTOWN
FRITZ LANHAM, City Manager
BAY AREA HERITAGE SOCIE'T'Y
President