Ordinance No. 8,293980528 -8
ORDINANCE NO. 8293
® 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.
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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 28`h day of May, 1998.
ATTEST:
EILEEN P. = .HALL, City Clerk
APPROVED AS TO FORM:
'/" - "/�-) . -- - Z'4
ACIO RAMIREZ, SR., it ttorney
c:kl h881Counci110rd inance\Bookmob i IeContract .Ordinance
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PETE C. ALFAR , Mayor
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AGREEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement is made and entered into by and between Harris County, a body corporate and
politic under the laws of the State of Texas, called "County," and the City of Baytown, a
municipal corporation under the laws of the State of Texas, acting by and through its Mayor,
duly authorized, called "City."
1.
During the tern of this Agreement, the City agrees to operate a bookmobile program at the
designated locations to provide library services to the aged and the economically deprived. The
City must provide no fewer than twenty -five (25) hours of service a week to the following
locations: Saint James House of Baytown; Baytown Senior Center; Lee College Senior Citizens;
Centennial Square Housing for the Aged; Baytown Seniors' Recreation Center; San Jacinto
Elementary School; Oaks of Baytown Apartments; and, the neighborhoods of Edison Courts,
Linus, McNair, King's Colony, Archia Courts, J.D. Walker Community Center: Head Start and
Seniors; and, J.D. Walker Summer Camp.
II.
The City agrees to provide a full range of such library materials as are customarily provided in
free public library programs.
III.
The City, in its discretion, may appoint as many librarians, library aides, and drivers as are
necessary to provide the bookmobile services. These programs are under the complete
supervision, management, control, and direction of the City. The County has no right to direct or
supervise the City or any City employees in the City's operation of the program. The County
looks to the City for results only. City employees are directly responsible to the City and receive
their salaries from the City.
C.A. Fil, ♦ d1,527
EXHIBIT A .
® IV.
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The County's participation in this library program must be indicated with the words "Harris
County" on both sides and the rear of the bookmobile. The bookmobile is owned and operated
by the City. The County is not liable for any damage that occurs to the bookmobile.
V.
On or about the last day of each month during the term of this Agreement, the City must provide
a written report to the County Librarian, c/o Hams County Public Library, 8080 El Rio Street,
Houston, Texas 77054 -4195. These monthly reports must include, but are not limited to, a
description of the programs provided during that month, 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 used, Iibrary activities conducted, and other narrative and
statistical information requested by the County Librarian. The report must provide this
information for each bookmobile stop.
VI.
The term of this Agreement is from June 1, 1998 to May 31, 1999, unless terminated earlier.
VII.
City has furnished County a statement in the amount of Twenty Thousand and No /100 Dollars
(520,000.00), setting out anticipated personnel expenses to operate said bookmobile program, a
copy of this statement is attached and made a part of this Agreement as "Exhibit A."
Within thirty (30) days after execution of this Agreement by all parties, County agrees to pay
City Twenty Thousand and No /100 Dollars ($20,000.00) for the anticipated personnel expenses.
City must use these funds exclusively to pay for personnel expenses under this Agreement.
VIII.
Not later than thirty (30) days after the completion of the bookmobile program, the City must
submit to County an itemized accounting of its actual personnel expenses. If the amount of
funds deposited with City exceeds the actual personnel expenses, City must refund the difference
to County within thirty (30) days of the date of notice from County that a refund is due. If the
final accounting reveals a deficit, no part of the deficit will be charged to the County.
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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 does not, under any
circumstances or interpretations, exceed the sum of Twenty Thousand and No /100 Dollars
(520,000.00).
X.
City agrees to perform its services in accordance with generally accepted standards and complies
with all present and future federal, state, and local laws, ordinances, and regulations.
XI.
Either County or City may terminate this Agreement, without cause, before the expiration of the
term of this agreement upon at least thirty (30) days written notice to the other party. Within
thirty (30) days after the effective date of such termination, City. must refund to County the
difference between the actual personnel expenses incurred, up to the date of termination, and the
amount paid to City. Further, City must submit, along with the refund, an itemized accounting of
its personnel expenses for the bookmobile program.. 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 is final.
XII.
Notwithstanding any other agreements, City must, 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 is given by certified or registered
United States Mail, postage prepaid, return receipt requested, addressed to:
Sterling Municipal Library
Wilbanks Avenue
Baytown, Texas 77520
• Attention: Denise Fischer, Library Director
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Unless otherwise specified, any notice required or permitted to be given by City to County is
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 is given and complete upon deposit in the United States Mail. Any party may
designate a different address by giving the other party ten (10) days written notice.
XIV.
City must 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 incorporated herein by reference, contains the
entire Agreement between the parties relating to the rights granted and the obligations assumed.
Any oral representation or modification concerning this instrument are of no force or effect.
XVI.
This Agreement is construed according to the laws of the State of Texas.
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iEXECUTED in duplicate originals as follows:
It has on the day of , 1998, 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 execution.
It has on the day of , 1998, been executed on behalf of the City by
the Mayor of Baytown, Texas, pursuant to an Ordinance of the City Council of Baytown
authorizing execution.
APPROVED AS TO FORM:
MICHAEL P. FLEMING
County Attorney
By
MAINA M. GAY
Assistant County Attorney
ATTEST:
By
CITY CLERK
CITY ATTORNEY
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HARRIS COUNTY
By
COUNTY JUDGE
CITY OF BAYTOWN
By
MAYOR
® AUDITOR'S CERTIFICATE
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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.
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TOTvt�1i Y J. TOiMPKINS
County Auditor
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EXHIBIT A
STATEMENT
To: Catherine Ensign, Harris County Librarian
Harris County Libraries
From: Denise Fischer, Library Director
Sterling Municipal Library
Subject: Hams County Grant 1998 -99
The following budget has been developed for the 1995 -99 Harris County Grant to Sterling
Municipal Library for bookmobile services:
71003
1 All other - part time salaries
S18,5 46
71023
Social security
1,419
71025
Workmen's compensation
35
520,000
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ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN
HARRIS COUNTY AND
CITY OF BAYTOWN FOR BOOK - MOBILE PROGRAM
THE STATE OF TEXAS §
COUNTY OF HARRIS §
On this the day of , 1998, the Commissioners Court of Harris
County, being duly convened at a regular meeting of the Court, upon motion of Commissioner
seconded by Commissioner
duly put and carried,
IT IS ORDERED that the County Judge, be, and he is hereby, authorized to execute an Agreement by
and between Hams 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 1, 1998, 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 in this Order.
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