R2022-085 2022-04-25_LIBRARY SERVICESRESOLUTION NO. R2022-85
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an Library Services
Agreement with Brazoria County (“County”) associated the West Pearland
Library.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1.That certain Library Services Agreement by and between the City of
Pearland and the County, a copy of which is attached hereto as Exhibit “A” and made a part
hereof for all purposes, is hereby authorized and approved.
Section 2.That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an Library Services Agreement with the County.
PASSED, APPROVED and ADOPTED this the 25th day of April, A.D., 2022.
________________________________
J. KEVIN COLE
MAYOR
ATTEST:
________________________________
LESLIE CRITTENDEN
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 6F6FD4D0-E81D-44E8-9618-3A323D0F46C7
LIBRARY CON TRACT -WEST PEARLAND LIBRARY
To provide public library services to its citizens, the City of Pearland TX (`City") acting through
its mayor as authorized by its City Council and Brazoria County TX ("County") acting through its
County Judge pursuant to an order of its Commissioners Court agree to establish a branch library
of the County on the west side of the City pursuant to Sec. 323.008 of the Texas Local Government
Code. The City and County have, for the mutual covenants and considerations contained herein,
agreed to the following definitions, terms and conditions:
I. DEFINITIONS
1. COMMISSIONERS mean the Commissioners Court of Brazoria County, Texas.
2. COUNTY LIBRARIAN/LIBRARY DIRECTOR means a person who is qualified to act
as a Count) Librarian pursuant to Local Government Code Sect. 323.005(b) and has been
e mployed as such by the Commissioners. The County Librarian shall carry out such
policies and procedures as the Commissioners determine to be appropriate for public
library services.
3. FURNISHINGS means those goods necessary for the operation of the library, the selection
o f which have been made in consultation with the County Librarian, Branch Librarian, and
the city council or its designee including but not limited to the following items:
a. Desks, tables, and chairs for staff use and reading area use
b. Chairs and tables for common meeting at (as and rooms
c. Tables, stands, and counter to allow use of reference materials including
computers
d. Counters to facilitate the circulation of library materials to the public
e. Display racks
f. Book drops
g. Waste baskets
h. IP Phones
4. LIBRARY means the Brazoria County Library System branch library located on the west side of
Peat land, Texas and known as the West Pearland Library.
5. LIBRARY MATERIALS means books, periodicals, audio-visual equipment, other
e quipment, computer sofm are and hardware, Intet net access and equipment necessary to
facilitate the circulation to the public of these items.
6. PERSONNEL means all employees engaged in public library service. They are
e mployees of the County and not of the City and shall work exclusively under the
direction of the County Librarian. They are subject to employment, removal, and all
rights and benefits in the same manner as other County employees.
II. COUNTY OBLIGATIONS
1. ['he County shall make free library service available to all of the County's citizens.
2. The occupancy of West Peat land Library will terminate existing lease at 2803 Business
Center Drive #10I and Count) shall promptly remove all items of personal property (ie
furniture and equipment) by March 31, 2022
3. The County shall make available all the County's library materials to residents of the City
and of the County.
LIBRARY CONTRACT -WEST PEA RLAND LIBRARY
4. The County will accept the City library into the County Library System.
5. The County will provide personnel to operate the library and necessary supplies for such
personnel and foe the operation of the library subject to the approval of the
Commissioners Court.
6. The County will provide overall management of the library through the County
Librarian/Library Director as set out below.
7. The County will provide library materials as needed for the library.
8. The County may subject to the approval of the Commissioners Court, provide
furnishings, maintenance and utilities for the library from time to time. Such provision
shall not waive the County's right to require the City to provide such items as set out in
provision III. Any furnishings provided by the County shall remain the property of the
County.
9. The County will provide computers, printers, copiers, related data lines and wireless
access points for use at the library.
III. CITY OBLIGATIONS
1. The City shall include the following Information Technology needs for the area serving
as the Library:
a. HVAC Management
b. Fire Alarm Management
c. Elevator Call Boxes
d. A/V Technology (Theater, Conference Rooms, Meeting Rooms, Study Rooms)
e. Security Cameras solely to shared building spaces outside of library, including
shared lobby and will be solely integrated into the City's CCTV system.
2. The City shall make available all its library materials to Count) residents.
3. The Cits agrees to place its library into the County Library System.
4. The City shall provide a building, necessary renovations, furnishings, including shelving
and related items, maintenance and utilities for the library subject to the approval or the
City Council. Unless otherwise set out, such property shall remain property of the City.
The building shall encompass 39,093 square feet, of vyhich 37,579 square feet shall be
dedicated to meet areas as determined by the Library Director.
5. Any computers, supporting equipment, software, or networking devices purchased or
accepted by the City for use in the library, teaching theater or meeting rooms shall comply
with specifications issued by the City's IT Department. The City will be responsible for
maintenance on any such equipment unless it is accepted by the County, at which time the
County becomes responsible for its maintenance.
6. The City shall provide to the County Librarian, upon its Council's adoption of the annual
budget, a copy of the final budget for the Library.
7. The City shall maintain insurance in an amount sufficient to replace the library building
and its contents. The City shall also maintain additional insurance coverage for exhibits
and displays temporarily placed in the library. The City shall name the County as an
LIBRARY CONTRACT -WEST PEARLAND LIBRARY
additional insured Lot contents coverage. The City shall at all times provide proof of
insurance to the County.
8. The City shall provide telephones, related equipment and telephone service for use at the
library.
IV. LIBRARY BUILDING NAME
. The City and County mutually agree to name the building housing the library the West
Pearland Library and place the words ` Branch of the Brazoria County Library System" on
the library building ot on a sign near the library building. Additionally, the City reserves
the right to seek sponsorship for the naming rights to areas within the library building,
including but not limited to the interior and exterior spaces, open spaces, and shelters, or
accept a proposal for commemorative naming rights in accordance with the City's
Commemorative Naming Policy and or Naming Rights Policy.
2. Funds raised through the sale of naming rights will be used to support libraty services,
facilities, operation, maintenance, and programs of the West Pearland Library that benefit
the citizens of the City of Pearland.
V. LIBRARY MANAGEMEN f
I. County Librarian's general authority; Subject to the Commissioners general rules and
periodic consultations between them and the County Librarian, the County Librarian shall
make all decisions on the following aspects of library management.
a. Determining the number of employees required to operate the library
b. Hit ing and dismissing employees working at the libtary
c. Distributing books, other printed matters, and other educational materials in a
manner commensurate with such distribution to all other areas of Brazoria County
d. Developing all rules for the operation of the libraty, and
e. Operating the library in accordance with accepted rules of library management.
2. County Librarian's specific authority; the County Librarian shall, subject to the oversight
of the Commissioners be responsible for the following matters:
a. The County Libtarian of its designee shall be solely responsible for the selection of
materials offered in the library.
b. The County Librarian or its designee shall establish policies governing the
scheduling and use of meeting rooms and common areas of the library as set fotth
in Section V below;
c. hl the event that the City proposes to make structural or decorative changes to the
library building or store or present certain items in a manner which would, in the
County LibtatIan's opinion interfere with normal or reasonable use of the library
by the public the County Librarian may modify ot reject such proposals;
d. The County Librarian ot its designee shall establish a retention policy for all
materials offeted in the libraty for public use and shall be solely responsible for
determining when an item, where donated through ot from the City or not, shall be
withdrawn from circulation or discarded pursuant to Count) procedures.
LIBRARY CONTRACT -WEST PEARLAND LIBRARY
3. Duty to Report: The County Librarian shall submit each year a report of the financial status
of the County Library System to the Commissioners and the City Council. The County
Librarian shall submit on or before December 31 of each year an annual report of the
financial status of the County Library System to the Commissioners and City Council. It
shall include a report on the condition and operation of the system, financial and book
statistics as customarily kept by County Librarian shall also present a proposed budget of
anticipated needs to the County and the ensuing adopted budget to the City.
VI. BUILDING ACCESS — RESERVABLE SPACES
1. Meeting Rooms and Teaching Theater Access: The County Librarian shall establish an
access policy to manage meeting room and teaching theater access to include eligibility
criteria financial responsibility agreement and usage terms.
2. County Librarian of its designee shall establish a key check-out system for access to
meeting rooms and teaching theater.
3. County Librarian or its designee shall maintain front access door control and will establish
an agreement with Brazoria County Tax Office for access and management of Brazoria
County Tax Office space.
4. County Librarian may establish an after-hours access program to the common space, lobby,
for the purpose of library materials pick-up. County Librarian will be responsible for card
access to Library. County library will maintain door access uset list for card access and
will solely be tied to County door access system.
VII. GIFTS and FUND RAISING
1. The Friends of the Peatland Westside Library, Inc. ("Friends Group") shall accept
sustainable charitable and planned donations for Pearland's public library system. The
Friends Group will utilize its resources to raise public awareness in the community and
raise money to support the continuing growth and development of the public library system
including, but not limited to, library services, facilities, operation, maintenance, and
programs of the West Pearland Library that benefit the City of Pearland.
VIII. CITY LIBRARY BOARD
1. The existing Library Board for the City of Pearland shall serve the new West Pearland
Library.
IX. INDEMNITY
1. To the extent authorized by law Cit) shall defend County against any claims brought or
actions filed against County with response to the maintenance and furnishings of the
library building.
LIBRARY CONTRACT -WEST PEARLAND LIBRARY
2. To the extent authorized by law, County shall defend and indemnify City against any and
all claims brought or actions filed against the City arising out of the use and operation of
the library building.
X. TERMS OF AGREEMENT
1. This agreement begins March 1, 2022 and shall be reviewed by the Commissioners or their
designee two years from that date.
2. The City may withdraw from this agreement after two years participation in the County
Library System if it gives six months' notice pursuant to Sect. 323.008(c) of the Texas
Local Government Code. The County may withdraw from this agreement if it gives 6
months' notice to the City.
3. If notice to terminate has not been given prior to two years from the date this agreement
began then the agreement shall continue in full force and effect and be renewable in the
same manner every two years thereafter.
4. At termination, City will take possession of all furnishings accepted by the City for use in
the library except for those items subsequently accepted by the County and maintained by
the County. The County will take possession of all library materials and furnishings
provided to or accepted by the County for use in the library.
EXECUTED in this manner and on the dates as set out below:
CITY OF
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DocuSign Envelope ID: 14425878-1338-4A03-985F-67B4055E91 B7
EXHIBIT"A"
LIBRARY CONTRACT—WEST PEARLAND LIBRARY
To provide public library services to its citizens, the City of Pearland TX ("City") acting through
its mayor as authorized by its City Council and Brazoria County TX("County") acting through its
County Judge pursuant to an order of its Commissioners Court agree to establish a branch library
of the County on the west side of the City pursuant to Sec. 323.008 of the Texas Local Government
Code. The City and County have, for the mutual covenants and considerations contained herein,
agreed to the following definitions, terms and conditions:
I. DEFINITIONS
1. COMMISSIONERS mean the Commissioners Court of Brazoria County, Texas.
2. COUNTY LIBRARIAN/LIBRARY DIRECTOR means a person who is qualified to act
as a County Librarian pursuant to Local Government Code Sect. 323.005(b) and has been
employed as such by the Commissioners. The County Librarian shall carry out such
policies and procedures as the Commissioners determine to be appropriate for public
library services.
3. FURNISHINGS means those goods necessary for the operation of the library,the selection
of which have been made in consultation with the County Librarian, Branch Librarian, and
the city council or its designee including but not limited to the following items:
a. Desks, tables, and chairs for staff use and reading area use
b. Chairs and tables for common meeting areas and rooms
c. Tables, stands, and counter to allow use of reference materials including
computers
d. Counters to facilitate the circulation of library materials to the public
e. Display racks
f. Book drops
g. Waste baskets
h. IP Phones
4. LIBRARY means the Brazoria County Library System branch library located on the west side of
Pearland, Texas and known as the West Pearland Library.
5. LIBRARY MATERIALS means books, periodicals, audio-visual equipment, other
equipment, computer software and hardware, Internet access and equipment necessary to
facilitate the circulation to the public of these items.
6. PERSONNEL means all employees engaged in public library service. They are
employees of the County and not of the City and shall work exclusively under the
direction of the County Librarian. They are subject to employment, removal, and all
rights and benefits in the same manner as other County employees.
II. COUNTY OBLIGATIONS
1. The County shall make free library service available to all of the County's citizens.
2. The occupancy of West Pearland Library will terminate existing lease at 2803 Business
Center Drive #101 and County shall promptly remove all items of personal property (ie
furniture and equipment) by March 31, 2022
3. The County shall make available all the County's library materials to residents of the City
and of the County.
DocuSign Envelope ID: 14425878-1338-4A03-985F-67B4055E91 B7
LIBRARY CONTRACT-WEST PEARLAND LIBRARY
4. The County will accept the City library into the County Library System.
5. The County will provide personnel to operate the library and necessary supplies for such
personnel and for the operation of the library subject to the approval of the
Commissioners Court.
6. The County will provide overall management of the library through the County
Librarian/Library Director as set out below.
7. The County will provide library materials as needed for the library.
8. The County may, subject to the approval of the Commissioners Court, provide
furnishings, maintenance and utilities for the library from time to time. Such provision
shall not waive the County's right to require the City to provide such items as set out in
provision III. Any furnishings provided by the County shall remain the property of the
County.
9. The County will provide computers, printers, copiers, related data lines and wireless
access points for use at the library.
III. CITY OBLIGATIONS
1. The City shall include the following Information Technology needs for the area serving
as the Library:
a. HVAC Management
b. Fire Alarm Management
c. Elevator Call Boxes
d. A/V Technology (Theater, Conference Rooms, Meeting Rooms, Study Rooms)
e. Security Cameras solely to shared building spaces outside of library, including
shared lobby and will be solely integrated into the City's CCTV system.
2. The City shall make available all its library materials to County residents.
3. The City agrees to place its library into the County Library System.
4. The City shall provide a building, necessary renovations, furnishings, including shelving
and related items, maintenance and utilities for the library subject to the approval or the
City Council. Unless otherwise set out, such property shall remain property of the City.
The building shall encompass 39,093 square feet, of which 37,579 square feet shall be
dedicated to meet areas as determined by the Library Director.
5. Any computers, supporting equipment, software, or networking devices purchased or
accepted by the City for use in the library, teaching theater or meeting rooms shall comply
with specifications issued by the City's IT Department. The City will be responsible for
maintenance on any such equipment unless it is accepted by the County, at which time the
County becomes responsible for its maintenance.
6. The City shall provide to the County Librarian, upon its Council's adoption of the annual
budget, a copy of the final budget for the Library.
7. The City shall maintain insurance in an amount sufficient to replace the library building
and its contents. The City shall also maintain additional insurance coverage for exhibits
and displays temporarily placed in the library. The City shall name the County as an
DocuSign Envelope ID: 14425878-1338-4A03-985F-67B4055E91 B7
LIBRARY CONTRACT-WEST PEARLAND LIBRARY
additional insured for contents coverage. The City shall at all times provide proof of
insurance to the County.
8. The City shall provide telephones, related equipment and telephone service for use at the
library.
IV. LIBRARY BUILDING NAME
1. The City and County mutually agree to name the building housing the library the West
Pearland Library and place the words"Branch of the Brazoria County Library System" on
the library building or on a sign near the library building. Additionally, the City reserves
the right to seek sponsorship for the naming rights to areas within the library building,
including but not limited to the interior and exterior spaces, open spaces, and shelters, or
accept a proposal for commemorative naming rights in accordance with the City's
Commemorative Naming Policy and or Naming Rights Policy.
2. Funds raised through the sale of naming rights will be used to support library services,
facilities, operation, maintenance, and programs of the West Pearland Library that benefit
the citizens of the City of Pearland.
V. LIBRARY MANAGEMENT
1. County Librarian's general authority; Subject to the Commissioners general rules and
periodic consultations between them and the County Librarian, the County Librarian shall
make all decisions on the following aspects of library management.
a. Determining the number of employees required to operate the library
b. Hiring and dismissing employees working at the library
c. Distributing books, other printed matters, and other educational materials in a
manner commensurate with such distribution to all other areas of Brazoria County
d. Developing all rules for the operation of the library, and
e. Operating the library in accordance with accepted rules of library management.
2. County Librarian's specific authority; the County Librarian shall, subject to the oversight
of the Commissioners, be responsible for the following matters:
a. The County Librarian or its designee shall be solely responsible for the selection of
materials offered in the library.
b. The County Librarian or its designee shall establish policies governing the
scheduling and use of meeting rooms and common areas of the library as set forth
in Section V below;
c. In the event that the City proposes to make structural or decorative changes to the
library building or store or present certain items in a manner which would, in the
County Librarian's opinion, interfere with normal or reasonable use of the library
by the public the County Librarian may modify or reject such proposals;
d. The County Librarian or its designee shall establish a retention policy for all
materials offered in the library for public use and shall be solely responsible for
determining when an item, where donated through or from the City or not, shall be
withdrawn from circulation or discarded pursuant to County procedures.
DocuSign Envelope ID: 14425878-1338-4A03-985F-67B4055E91 B7
LIBRARY CONTRACT-WEST PEARLAND LIBRARY
3. Duty to Report: The County Librarian shall submit each year a report of the financial status
of the County Library System to the Commissioners and the City Council. The County
Librarian shall submit on or before December 31 of each year an annual report of the
financial status of the County Library System to the Commissioners and City Council. It
shall include a report on the condition and operation of the system, financial and book
statistics as customarily kept by County Librarian shall also present a proposed budget of
anticipated needs to the County and the ensuing adopted budget to the City.
VI. BUILDING ACCESS —RESERVABLE SPACES
1. Meeting Rooms and Teaching Theater Access: The County Librarian shall establish an
access policy to manage meeting room and teaching theater access to include eligibility
criteria, financial responsibility agreement and usage terms.
2. County Librarian or its designee shall establish a key check-out system for access to
meeting rooms and teaching theater.
3. County Librarian or its designee shall maintain front access door control and will establish
an agreement with Brazoria County Tax Office for access and management of Brazoria
County Tax Office space.
4. County Librarian may establish an after-hours access program to the common space, lobby,
for the purpose of library materials pick-up. County Librarian will be responsible for card
access to Library. County library will maintain door access user list for card access and
will solely be tied to County door access system.
VII. GIFTS and FUND RAISING
1. The Friends of the Pearland Westside Library, Inc. ("Friends Group") shall accept
sustainable charitable and planned donations for Pearland's public library system. The
Friends Group will utilize its resources to raise public awareness in the community and
raise money to support the continuing growth and development of the public library system
including, but not limited to, library services, facilities, operation, maintenance, and
programs of the West Pearland Library that benefit the City of Pearland.
VIII. CITY LIBRARY BOARD
1. The existing Library Board for the City of Pearland shall serve the new West Pearland
Library.
IX. INDEMNITY
1. To the extent authorized by law, City shall defend County against any claims brought or
actions filed against County with response to the maintenance and furnishings of the
library building.
DocuSign Envelope ID: 14425878-1338-4A03-985F-67B4055E91 B7
1,..1.1311,..ARY ,CONTRACT-WEST PliliARLANDIABRiARY
2„ To the,extent .authorized by law, County shall defend and. indemnify City against any and
all claims brought or act ion5.flied alga the City arising out of the use and operation of
the library building.
X.„ TERMS OF A011,„EiliiiiMiiiiNT
1, This agreentent begins March 1, 2022. and shall he reviewed by the Commissioners or their
designee two years ..front that date.
2.. The City may withdraw :from this agreement after two years participation in the County
1...Abra.ry System if it gives six months notice pursuant to Sect. 32,3,008(c) of the Texas
I„ocal Clovernment Code, The County may withdraw from this agreement if it gives 6
months' notice to the 1;t.oty.,
3 If notice to terminate has not been given prior to two years from the date this agreement
began then the agreement shall continue in full force and effect and be renewable in the
same manner every two years thereafter.
4.. Al termination, City will take possession oil all furnishings accepted by the City.for use in.
the library except for those items.subsequently accepted.. by the County and maintained by
the County. The County will take possession of all library materials and.. :furnishings
provided to or accepted hy the County for use in the library.
EXECUTED in this manner and on the dates as set out below:
CITY OF PEAR,...1.....AND 1,3R.. i ,",..1A COUNTY
,DocuSigned by: %km.' •• • :. ...- . - - ... 4‘...
By. tui PLAYS61A,
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3B8283B690C0460... By: • .. ..
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Title: City Manager Titl.R&H. ..a. -2.1.5fi'64-- t_AA• ...' '.'' • ''' -....-.....".4
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Date: 5/5/2022 I 7:13 AM CDT Date: lii!..:1-1"1 '24-73-%