Ordinance No. 7,344950713 -4
ORDINANCE NO. 7344
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
HARRIS COUNTY WITH REGARD TO PROVIDING BOOKMOBILE
PROGRAMS WITHIN BAYTOWN AND IN UNINCORPORATED AREAS IN
THE COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to a contract with
Harris County with regard to providing bookmobile programs within
Baytown and in unincorporated areas in the County. A copy of said
contract is attached hereto, marked Exhibit "A," and made a part
hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately from
and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this the 13th day of July,
1995.
PETE C. AL O, Mayor
ATTEST:
9
EILEEN -P. HALL, City Clerk
legal /council /ju ly17 -13 -95 au th K book mobil e
C:
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AGREEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement, made and entered into by and between Harris County, a body corporate and
politic under the laws of the State of Texas, hereinafter called "County," and the City of Baytown, a
municipal corporation under the laws of the State of Texas, acting herein by and through its Mayor,
thereunto duly authorized, hereinafter called "City ";
WITNESSETH:
WHEREAS, the County desires to have library services provided to the aged and economically
deprived at certain locations within the corporate limits of Baytown and to certain unincorporated
areas in Harris County; and
WHEREAS, the City of Baytown is willing to provide such services through a bookmobile
during the term of this Agreement if the County will agree to provide funding as provided herein; and
WHEREAS, pursuant to the provisions of the Interlocal Cooperation Act, TEX. GOY T
CODE ANN. §791.001 (Vernon 1994), the City and the County are authorized to enter into an
agreement for such program;
NOW, THEREFORE, the City and the County, in consideration of the mutual covenants,
benefits, and promises herein contained, agree as follows:
I.
During the term of this Agreement, the City will operate a bookmobile program at the
hereinbelow designated locations in order to provide library services to the aged and the economically
deprived. The City will provide no fewer than twenty -five (25) hours of service per week to the
following locations: Saint James House of Baytown, Baytown Senior Center, Lee College Senior
Citizens, Centennial Square Housing for the Aged, Baytown Senior Citizens and Information Center,
San Jacinto Elementary School, Oaks of Baytown Apartments, Bayway Townhomes, and the
neighborhoods of Edison Courts, Linus, McNair, King's Colony, Archia Courts, Third Street at East
Humble, and Cypress at Cedar. Said service areas are shown on a map marked "Exhibit A, " which is
attached hereto and incorporated herein.
II.
The City will provide to the citizens to be served by the bookmobile program a full range of
such library materials as are customarily provided in free public library programs.
III.
The City, in its discretion, shall appoint as many librarians, library aides, and drivers as are
necessary to provide the bookmobile services. Said program shall be under the complete supervision,
management, control, and direction of the City. The County shall not have the right to direct or
supervise the City or any City employees in the City's operation of the program. The County shall
®look to the City for results only. The City employees are to be directly responsible to the City and
shall receive their salaries from the City.
i:,, Whm.h1t.y- -0 EXHIBIT A
IV.
® The County's participation in this library program will be indicated with the words "Harris
County" on both sides and the rear of the bookmobile. The bookmobile shall be owned and operated
by the City. City and County agree that County shall not be liable for any damage which may occur
to the bookmobile during the term of this Agreement.
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V.
On or about the last day of each month during the term of this Agreement, the City will
provide a written report to the County Librarian, c/o Harris County Public Library, 8080 El Rio
Street, Houston, Texas 77054 -4195. Said monthly reports shall include, but not be limited to, a
description of the programs provided during the said month covered by the report, the number of
programs provided, the number of persons registered with library cards, the number of persons using
the bookmobile program, a list of publicity items utilized, library activities conducted during said
month, and other narrative and statistical information as may be requested by the County Librarian.
The report should provide this information per each bookmobile stop.
VI.
The term of this Agreement shall commence on June 20, 1995, and end (unless sooner
terminated in accordance with the provisions hereof) on May 31, 1996.
VII.
City has furnished to County a statement in the amount of Twenty Thousand and No/ 100
Dollars ($20,000.00), setting forth the anticipated expenses for personnel to operate said bookmobile
program, a copy of said statement being attached and made a part of this Agreement as "Exhibit B."
Within thirty (30) days after execution of this Agreement by all parties hereto, County will pay
City Twenty Thousand and No /100 Dollars ($20,000.00) for the anticipated expenses for personnel.
City agrees to use these funds exclusively to pay for the personnel expenses contemplated under this
Agreement.
VIII.
Not later than thirty (30) days after the completion of the said bookmobile program, the City
will submit to County an itemized accounting of its actual personnel expenses for said bookmobile
program. Should the amount of funds deposited with City exceed the actual personnel expenses, City
shall refund the difference between the actual personnel expenses and the amount previously received
to County within thirty (30) days of the date of notice from County that a refund is due. Should the
final accounting reveal a deficit, no part of the deficit shall be charged to the County.
IX.
City has been advised and is aware that County has available the sum of Twenty Thousand and
No /100 Dollars ($20,000.00) for all obligations under this Agreement. In this regard, the maximum
liability of County to City for the services to be provided hereunder shall not, under any
circumstances or interpretations hereof, exceed the said sum of Twenty Thousand and No /100 Dollars
($20,000.00).
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X.
City shall perform its services hereunder in accordance with generally accepted standards
applicable thereto, and shall observe and comply with all federal, state, and local laws, ordinances,
and regulations in effect and which may hereafter be promulgated.
Qo
Either County or City may terminate this Agreement, without cause, prior to the expiration of
the term set forth above, upon at least thirty (30) days written notice to the other party. Within thirty
(30) days after the effective date of such termination, City shall refund to County the difference
between the actual personnel expenses incurred, up to the date of termination, and the amount paid to
City under Section VII above. Further, City shall submit, along with said refund, an itemized
accounting of its personnel expenses for said bookmobile program up to the date of termination. In
the event of any dispute between County and City as to the amount of refund due and payable to
County as a result of termination under this Section, the decision of the Harris County Auditor as to
the amount due and payable shall be final.
01a
Notwithstanding any other agreements, City shall, to the extent permitted by law, defend,
indemnify, and hold County harmless from and against any and all losses, expenses, demands, and
claims made against County arising in any manner from City's participation under this Agreement
whether caused by County's negligence or not.
XIII.
Any notice required or permitted to be given by County to City hereunder shall- be given by
certified or registered United States Mail, postage prepaid, return receipt requested, addressed to:
Sterling Municipal Library
Public Library Avenue
Baytown, Texas 77520
Attn: Flora Wilhite, Library Director
Any notice required or permitted to be given by City to County hereunder shall be given by
certified or registered United States Mail, postage or fee prepaid, return receipt requested, addressed
to:
Harris County Commissioners Court
1001 Preston, 9th Floor
Houston, Texas 77002
Attn: Clerk of the Commissioners Court
Any notice shall be considered given and complete upon deposit in the United States Mail as
aforesaid. Any party may designate a different address by giving the other party ten (10) days written
notice in the manner provided above.
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XIV.
City will not make, in whole or in part, any assignment, delegation, or subcontract of this
Agreement or of any rights, duty, or obligation of performance hereunder without the prior written
consent of County.
XV.
This instrument, together with the instruments heretofore incorporated herein by reference,
contains the entire Agreement between the parties relating to the rights herein granted and the
obligations herein assumed. Any oral representation or modification concerning this instrument shall
be of no force or effect.
XVI.
This Agreement shall be construed according to the laws of the State of Texas.
IN TESTIMONY OF WHICH, this Agreement, in duplicate counterparts, each having equal
force and effect of an original, has been signed on behalf of the parties hereto as follows, to -wit:
a. It has on the 2t& day of �j (lam 1995, been executed on
behalf of the County by the County Judge of Harris County, Texas, pursuant to
an Order of the Commissioners Court of Harris County authorizing such
execution.
b. It has on the day of , 1995, been executed on
behalf of the Crty by the Mayor of Baytown, Texas, pursuant to an Ordinance
of the City Council of Baytown authorizing such execution.
APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
By ./ V Axe_r__--rte'
MA,_ L N BARNES
As§ittant County Attorney
ATTEST:
By
EILEEN P. HALL, City Clerk
IGNACIO RAMIREZ, SR.
City Attorney
HARRIS COUNTY
By Z 6 �
ROBERT LS
County Judge
CITY OF BAYTOWN
By
PETE. C. ALFARO, Mayor
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AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of Twenty Thousand and No/ 100
Dollars ($20,000.00) to accomplish and pay the obligations of Harris County herein.
TOMMY J. TOMPKINS
County Auditor
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AA A
ty
YTOWN
JAN
go
All
1 ' Saint James House of Baytown (home for the aged) g ' L|nus
2 ' Baytown Senior Center 10 ' Oaks of Baytown Apartments
3 ' Lee College Senior Center 11 ' McNair
�0 '
Centennial Square Housing for the Aged 12 ' King's Colony
' Son Jacinto Elementary School (school year only) 13 ' 4,ch|o Courts
' Edison Cou,to 14 ' East Humble at South Fourth Street
7 ' Baytown Seniors' Center ' 15 ' Bay*ay Tnwnhumea
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8 ' J.D. VVu|ke, Community Center: Snnkoru, Head Start, 16 ' Carver Elementary, ��p Program
& Summer Camp
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Exhibit A Harris Co Contract-10-95-96
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EXHIBIT B
Date: 1 June 1995
To: Catherine S. Ensign, County Librarian
Harris County Library
From: Flora R. Wilhite, City Librarian
Sterling Municipal Library
Subject: Harris County Grant 1995 -96
The following budget has been developed for the Harris County Bookmobile Grant,
1995 -96:
71003 Salaries (part time)
71023 Social Security (FICA)
71028 Worker's Compensation
18,530.00
1,418.00
52.00
$20,000
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ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN
HARRIS COUNTY AND CITY OF BAYTOWN FOR BOOKMOBILE
PROGRAM TO CENTERS WITHIN THE CITY OF BAYTOWN AND
T7,F.wc TN CFRTAIN TTNiNCORPORATED AREAS IN HARRIS COO
THE STATE OF TEXAS §
COUNTY OF HARRIS §
On this the t day of t1 0 ..1e— 1995, the Commissioners Court
of Harris County,
being duly
convened at a regular meeting of the Court,
upon motion of
Commissioner
-ee'
, seconded by
Commissioner
e , duly put and carried,
IT IS ORDERED that the County Judge be, and he is hereby, authorized to execute an
Agreement by and between Harris County and The City of Baytown for providing a bookmobile
program to centers within the City of Baytown and citizens in certain unincorporated areas in
Harris County, commencing June 20, 1995, upon the terms and conditions as provided for in the
Agreement herein referred to and made a part hereof for all purposes as though fully set out herein.
OP PRESENTED TO
Commissioners
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Date JUN
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