Ordinance No. 8,91820000523 -7
ORDINANCE NO. 8918
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, 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 23`d day of May, 2000.
PETE C. ALFARO, Mayor
ATTEST:
) - -tnl�
GAR ,W. SMITH, City Clerk
APPROVED AS TO FORM:
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0 c:klh251 \Council\ Ordinance\ BookmobileContract .Ordinance052300
® AGREEMENT
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."
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 economically deprived. The
City must provide no fewer than twenty -five (25) hours of service a week to the following
locations:
St. James House of Baytown and Alexander Hall;
Baytown Senior Center;
Lee College Seniors Program;
Centennial Square Apartments;
San Jacinto Elementary School (adult literacy program);
Edison Courts Public Housing;
Baytown Seniors Recreation Center;
J. D. Walker Community Center: Seniors and Summer Camp for grades 1 -5;
J. D. Walker Community Center: Harris County Head Start;
Linus - -neighborhood;
McLean - neighborhood;
McNair - Waco & Dallas Streets;
McNair - Harris & Harrison Streets;
County Terrace Village Apts.;
Oaks of Baytown & Taft Circle Apts.
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 and 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
C. A File No. OOGEN0503 EXHIBIT A
® their compensation from the City.
IV
The County's participation in this library program must be indicated by 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 Harris County Public Library, 8080 El Rio
Street, Houston, TX 77045 -4195. The monthly reports must include, but are not limited to, the
following: 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.
earlier.
VA I
The term of this Agreement is from June 1, 2000, to May 31, 2001, unless terminated
VII
City has furnished County with a statement in the amount of Twenty Thousand Dollars
($20,000.00) setting out anticipated personnel expenses to operate said bookmobile program. A
copy of that statement is attached as Exhibit A and is made a part of this Agreement
Within thirty (30) days after the execution of this Agreement by all parties, County agrees
to pay City Twenty Thousand Dollars ($20,000.00) for the anticipated personnel expenses. City
must use these funds exclusively to pay for personnel expenses under this agreement.
atf1
Not later than thirty (30) days after the completion of the bookmobile program, the City
must Submit to the 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.
IX
® City has been advised and is aware that County has available the sum of Twenty Thousand
C. A. File No. OOGEN0503 1 2
® 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.
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
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
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
Attention: Clerk of the Commissioners. Court
With a copy to:
County Librarian
Harris County Public Library
8080 El Rio Street
C. A File No. OOGEN0503
® 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.
XIII
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.
XIV
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.
r0U
This Agreement shall be construed according to the laws of the State of Texas.
EXECUTED in duplicate originals as follows:
It has on the day of , 2000, 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 , 2000, 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 HARRIS COUNTY, TEXAS
County At rn
LMV /i��`` ow 0
C. A. File No. 00GEN0503 4
:
ROBERT ECKELS
County Judge
ATTEST:
By
Name: GARY SMITH
APPROVED AS TO FORM:
By re�.t�
N da. IGNACIO RAMIRE
City Attorney
CITY OF BAYTOWN
:A
AUDITOR'S CERTIFICATE
PETE C. ALFARO
I hereby certify that funds are available in the amount of Twenty Thousand Dollars
($20;000.00) to pay the obligations of Harris County under this contract.
•
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5
TOMMY J. TOMPKINS
County Auditor
0 EXHIBIT A
STATEMENT
To: Catherine Ensign, Harris County Librarian
Harris County Libraries
From: Denise Fischer, Library Director
Sterling Municipal Library
Subject: Harris County Grant 2000 -2001
The following budget has been developed for the 2000 -2001 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
C. A. File No. OOGEN0503
THE STATE OF TEXAS §
COUNTY OF HARRIS §
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court
at the Harris County Administration Building in the City of Houston, Texas, on the day of
with the following members present, to -wit:
Robert Eckels
County Judge
El Franco Lee
Commissioner, Precinct No. 1
James Fonteno
Commissioner, Precinct No. 2
Steve Radack
Commissioner, Precinct No. 3
Jerry Eversole
Commissioner, Precinct No. 4
and the following members absent, to -wit:
constituting a quorum, when among other business, the following was transacted:
ORDER AUTHORIZING THE COUNTY JUDGE TO EXECUTE AN AGREEMENT BY
AND BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN
Commissioner introduced an order and made a motion that
the same be adopted. Commissioner seconded the motion for
adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the
following vote:
AYES:
NAYS:
ABSTENTIONS:
The County Judge thereupon announced that the motion had duly and lawfully carried and
that the order had been duly and law -fully adopted. The order thus adopted follows:
IT I'S ORDERED that the County Judge or his designee be, and he is hereby, authorized
to execute for and on behalf of Harris County, an agreement with the City of Baytown to fund
bookmobile programs in Baytown.
C. A. File No. OOGEN0503 7