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Ordinance No. 9,174ORDINANCE NO. 9174 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE `MAYOR TO EXECUTE 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 of the City of Baytown to execute 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 14t" day of June, 2001. PETE C. ALFARO, Mayor ATTEST: r !( (GCf7AAY, Y W. SMITH, City Clerk APPROVED AS TO FORM: 4M2� /'1 NACIO RAMIREZ, R. City Attorney 0 c:k1h270\ Council\ Ordinance\ BookmobdeContract . Ord inance061401 El 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, school year only); Edison Courts Public Housing; Baytown Seniors Recreation Center; J. D. Walker Community Center: Seniors J. D. Walker Community Center: Harris County Head Start (school year only); Green Acres Hams County Head Start of Baytown (school year only); Linus - neighborhood; McLean - neighborhood; McNair - Waco & Dallas Streets; Rollingbrook Apartments; Country 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 *401113 �. C. A. File No. OIGEN0542 ® County looks to the City for results only. City .employees are directly responsible to the City and receive their compensation from the City. IV The County's participation in this library program must be indicated by 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. LIRA 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. VI The term of this Agreement is from June 1, 2001, to May 31, 2002, 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 r:� r__.,_ti. -rt Dollars ($20,000.00) fnr tl,a +irir to tv nPrcnn P) expenses. City flay l lly 1 Wt 11Ly 1110USaitd 1L � vV �,.. ar:t. .ra�- r .n r 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 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 C. A. File No. OIGEN0542 ® 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 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 otherl rise specified, any rotilce 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 Houston, Texas 77054 -4195 C. A. File No. OIGEN0542 n 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 -t 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. MIFA This Agreement shall be construed according to the laws of the State of Texas. EXECUTED in duplicate originals as follows: It has wi.1he day of , 2001, 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 , 2001, 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. :By PROVED AS ORN CHAEL ST FORD unty orne "tanto C. A. File No. OIGEN0542 4 HARRIS COUNTY, TEXAS LIM ROBERT ECKELS County Judge ® APPROVED AS TO FORM: KI By 4 4N"ACIO RAiMIRE , City Attorney CITY OF BAYTOWN PETE ALFARO Mayor AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of Twenty Thousand Dollars ($20,000.00) to pay the obligation of Harris County under this contract. C. A. File No. OIGEN0542 TOMMY J. TOMPKINS County Auditor r EXHIBIT A STATEMENT To: Catherine Ensign, Harris County Librarian Hams County Libraries From: Denise Fischer, Library Director Sterling Municipal Library Subject: Harris County Grant 2001 -2002 The following budget has been developed for the 2001 -2002 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. OIGEN0542 THE STATE OF TEXAS § COUNTY OF HARRIS § The Commissioners Court of Hams 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 Jude 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 the same be adopted. adoption of the order. following vote: introduced an order and made a motion that Commissioner seconded the motion for The motion, carrying with it the adoption of the order, prevailed by the 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 IS 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.