Loading...
Ordinance No. 8,595990527 -7 ORDINANCE-NO. 8595 ® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER 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 City Manager 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 27`h day of May, 1999. 4-P C. ALFARO, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, ity Attorney 0 c: WyDocuments% CounciRMeetings \LegaKBook mob ileContract.doc v • AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This Interlocal 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." I. During the term 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 and Alexander Hall; Baytown Senior' Center; Lee College Senior's Program; Centennial Square Apartments (housing for the aged); San Jacinto Elementary School; Edison Courts Public Housing, Baytown Seniors' Recreation Center, the neighborhoods of Linus, McLean, McNair, and King's Colony; Archia Courts Public Housing, J.D. Walker Community Center: Seniors; J.D. Walker Community Center: Youth Summer Camp for grades 1 -5; and, J.D. Walker Community Center: Hams County Head Start. 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 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. File No. 84,888/Pagc I of 5 EMBIT "A" 0 0 IV. The County's participation in this library program must be indicated with the words "Hams 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. In On or about the Iast day of each month during the term of this Agreement, the City must provide a written report to the County Librarian, c/o Harris County Public Library, 8080 El Rio Street, Houston, Texas 77054 -4195. The 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, library 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, 1999 to May 31, 2000, unless terminated earlier. VII. City has furnished County a statement in the amount of Twenty Thousand and No /100 Dollars ($20,000.00), setting out anticipated personnel expenses to operate said bookmo'ile 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 (520,000.00) 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. C.A. File Flo. 84,888[Page 2 of 5 • 0 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 does not, under any circumstances or interpretations, exceed the sum of Twenty Thousand and No /100 Dollars ($20,000.00). 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 regarding the amount of refund due and payable to County as a result of termination under this Section, the decision of the Harris County Auditor regarding 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 C.A. File No. 84,888 /Page 3 of 5 ® 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: 0 With a copy to: Harris County Commissioners Court 1001 Preston, 9th Floor Houston, Texas 77002 Attention: Clerk of the Commissioners Court County Librarian Harris County Public Library 8080 El Rio Street Houston, Texas 77054 -4195 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. WA 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 is of no force or effect. XV1. This Agreement is construed according to the laws of the State of Texas. EXECUTED in duplicate originals as follows: It has on the day of , 1999, 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. C.A. File No. 84,888 /Page 4 of 5 9 0 It has on the day of , 1999., 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 SIMONE SCOTT WALKER Assistant County Attorney ATTEST: By Name City Clerk By Name City Attorney C.A. File No. 84,888 /Page 5 of 5 HARRIS COUNTY ROBERT ECKELS County Judge CITY OF BAYTOWN 3 PETE ALFARO Mayor • 0 hST17��I�►�i ' 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 Hams County. TOMMY J. TOMPKINS County Auditor • EXHIBIT A STATEMENT To: Catherine Ensign, Harris County Librarian Hams County Libraries From: Denise Fischer, Library Director Sterling Municipal Library Subject: Harris County Grant 1999 -2000 The following budget has been developed for the 1999 -2000 Harris County Grant to Sterling Municipal Library for bookmobile services: 71003 All other - part time salaries $18,546 71023 Social security 1,419 71028 Workmen's compensation 35 $20,000 I�1 �r� ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN FOR BOOKMOBILE PROGRAM STATE OF TEXAS § COUNTY OF HARRIS § On this the day of , 1999, the Commissioners Court of Harris County, being duly convened at a regular meeting of the Court, upon motion of Commissioner carried, , seconded by Commissioner , duly put and 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 1, 1999 and ending on May 31, 2000, 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.