HomeMy WebLinkAboutRES 12-219 RESOLUTION NO. 12-219
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an agreement,effective
upon execution through January 1, 2017, with the State Firemen's and Fire Marshal's
Association to provide for long-term loan of property to the Fire Museum of Texas. The
agreement is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
ayor Becky Ames -
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STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
WHEREAS,the City of Beaumont,Texas (herein "City"), and the State
Firemen's and Fire Marshals' Association(herein"Association")entered into an
agreement on the 4,day of January, 1986, concerning the establishment of the State Fire
Museum of the State of Texas in Beaumont, Texas, on an interim basis; and
WHEREAS, said State Fire Museum of the State of Texas has been successfully
operated by the City of Beaumont under the terms of such agreement since that time;and
WHEREAS, the Association and the City desire to designate the City of
Beaumont as the permanent location of the State Fire Museum of the State of Texas and
outline the understanding between the Association and the City;
TO THAT END,the parties hereto agree as follows:
WITNESSETH:
1.
The Association hereby designates City as the designated location of"The Fire Museum
of the State of Texas" (herein"Museum") or any reasonable variation of such name and
designates said Museum as the official location of the State Fire Museum of the State of
Texas as duly authorized and approved by the Association. Such Museum shall be
located at Fire Department Headquarters,400 Walnut Street, Beaumont,Jefferson
County,Texas. The name Fire Museum of Texas,Association Inc. was incorporated in
1992 and belongs to the 501(c)(3). It is owned and operated in accordance to all IRS rules
and regulations. The Fire Museum of Texas,Association Inc.partners with the City of
Beaumont under the direction of the Fire Chief to operate the Museum.
II.
The City, in accordance with the previous agreements between the parties dated in 1986,
1992 and 2007, accepted, housed,maintained and cared for the equipment and items
listed on Exhibit"A" attached hereto and made a part hereof for all purposes. The
Association herby agrees items be accessed and managed in accordance with the
collection policy of the Fire Museum of Texas. Future donations made to the Museum
will be accepted only in accordance with such accession and collection policy.
III.
City shall,at its sole cost and expense,provide for the routine preservation, maintenance,
repair,security, operation and upkeep of the Museum and the property contained therein.
All improvements,maintenance and repairs shall be performed in a thorough and
competent manner, consistent with standards prevailing for such work, and shall meet
with the approval of the Fire Chief.
EXHIBIT"A"
IV.
For purposes of managing and operating the Museum and the collection, City shall have
the right to solicit on behalf of the Museum contributions from persons,firms or
corporations, and governmental agencies other than the City.Any monies solicited by
City for those purposes shall belong to City and be used by City in the performance of its
obligations hereunder and otherwise insofar as such use is in connection with the
Museum and its collection and for no other purpose. Additionally,City may accept
donations from non-profit corporations and other such entities under
the same terms and conditions as those set out herein. Any money solicited or collected
by the Association for the Fire Museum will be awarded annually.
V.
Within sixty (60) days after January 1,2012, and each year thereafter during the term of
this Agreement, City shall submit to Association an annual report covering the operation
of the Museum for the preceding calendar year ending December 31 st.
V1.
Subject to appropriation by the City Council of City, City shall,at its sole cost and
expense, furnish water,electricity,natural gas and sewer service to the Museum. The
Association, in keeping with the obligations of its non-profit charter, shall encourage its
membership to support the Museum financially. To that end,the Association may,but
shall not be obligated to,provide capital for the Museum as an allocated portion of the
Association's budget. Any such support received by City shall be used solely for the
performance of City's obligations under this Contract and otherwise only insofar as such
use is in connection with the Museum and its collection and for no other purpose.
VII.
As stated in the Fire Museum By-Laws,The Association agrees to appoint at least(3)
members,no more than(5)members to the Museum Board of Directors in an Advisory
capacity. These members shall be appointed from the membership of the State Firemen's
and Fire Marshal's Association of Texas by the President. These members will act as
Advisors only for the Museum Board. They agree to be advocates of the museum
mission, promote membership to the Fire Museum and help with fundraising efforts.
Members will attend quarterly meetings and act as liaisons between the Association and
the Fire Museum. Appointed members will negotiate a renewal agreement with the
Association Executive Board every five years with the City of Beaumont on behalf of the
Fire Museum of Texas Association, Inc. the 501(c)(3) who manages the daily operations
of the museum.
VIII
The term of this Contract shall commence on the date of execution of this Contract and
expire thereafter on January 1, 2017. At the termination of Agreement by the City or
SFFMA,the City agrees that it will, upon written request of the Association, immediately
return all SFFMA items, exhibits, properties,and equipment. At termination of
agreement,the Fire Museum agrees to discontinue use of the SFFMA name and logo to
endorse the Museum. The items listed in exhibit"A"accurately reflects SFFMA
property housed at the Fire Museum of Texas in Beaumont Texas. Items have been
determined to have been well taken care of and continue to be exhibited in the Museum
as part of the historical collection. The SFFMA reserves the right to negotiate the
relocation of any or all items in Exhibit A to be displayed at the SSFMA office in Austin.
Any such decision will be agreed upon with regard and respect of standard historical
accession and de-accessioning museum policies.
IX.
The Association agrees to promote the museum as the Official Fire Museum of Texas
through social media,printed material, websites and direct mail at no charge to the
museum as the opportunity presents itself at no charge to the museum. The Association
agrees to promote member visitation and support the Museum by allowing the Museum
to display material at the annual Association Conference without fees.
X.
The Museum will use the Association logo solely to advertise or promote the partnership
of the Association and the endorsement as the Official Fire Museum of Texas. Neither
party will benefit financially from the use of the logos.
XL
The Museum agrees to perform general routine maintenance on the lighted sign in the
parking lot owned by the Association. The Museum does not assume responsibility for
the repair or removal of the sign should it receive damage due to weather or accident.
XII.
The Fire Museum of Texas and its collection are covered by the City of
self insurance policy. The City has a self-insured trust fund from which it pays all
liability claims. The City of Beaumont currently purchases insurance for real and
personal property. All real and personal property are protected by all risk type coverage
including flood. The City of Beaumont has a deductible of$100,000.
XIII.
The term of this contract shall commence the date of execution of this contract and expire
thereafter on January 1, 2017.
IN WITNESS HEREOF,the parties hereto have executed this contract in multiple copies,
each of which shall be deemed to be an original, on this the day of ,
20
THE CITY OF BEAUMONT
By:
Kyle Hayes,City Manager
STATE FIREMEN'S AND FIRE MARSHALS'
ASSOCIATION
By:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME,the undersigned authority, on this day personally appeared KYLE
HAYES City Mana eg r of the City of Beaumont, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the proposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this_day of ,
A.D.,20
Notary Public in and for the State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME,the undersigned authority,on this day personally
appeared of the
State Firemen's and Fire Marshals' Association,known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this_day of ,
A.D., 20
Notary Public in and for the State of Texas
EXHIBIT "A"
1856 Howe Hand Drawn Tub Pumper display area- I s(floor
1850 Hose Reel display area- 1 tt floor
One Sign- Association logos sign in parking lot(originally two, one returned in 2010)
Wheel Fire Extinguisher unit—Soda-Acid next to sign in parking lot
Hose Reel Outside next to sign
Wheel Fire Extinguisher unit- CO2 display area—(Has two cylinders) I st floor
Wheel Fire Extinguisher unit- Dry display area 1stfloor
Powder Foam proportioner—white - I si floor
Red Podium State Room—Stored in attic above State Room
Two Flag Poles - American& Texas display area—2"d Floor attic over Stateroom
SFFMA Past Presidents- Photos State Room Black& White
Assorted Photos display areas & State Room(Note Henry Smith Collection went to
TEEX)
Reel to reel films(moved to storage bldg at training in 2010)
Asbestos suit(Not found,must have been deaccessed from collection prior to 2007 and
destroyed due to environmental issues)
Mannequin Fire Safety Activity Center- 2na floor
This revised equipment list accurately reflects SFFMA property moved from Wichita
Falls to the Fire Museum of Texas in the City of Beaumont and housed here since
1986. Both parties agree this list is a copy from the 1986 original agreement. Should
the Fire Museum of Texas Association ever loose 501(c)(3)status or close its doors, the
items on this list will be returned to the SFFMA or another designated 501(c)(3)
approved by tire SFFMA in accordance with IRS rules.
Museum Curator's Notes:Donors wishes on historical items originally donated to be
displayer)in a museum setting should be treated delicately and with utmost respect if
items are ever relocated or removed from the Fire Museum of Texas.
Carol Gary Date
Executive Director, Fire Museum of Texas
Items Inspected October 2011 by David Wade on behalf of SFFMA
David Wade Date