R2010-060 - 2010-04-26RESOLUTION NO. R2010-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN AGREEMENT WITH BRAZORIA COUNTY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Library Service Agreement by and between the City of
Pearland and Brazoria 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 a Library Service Agreement with Brazoria County.
PASSED, APPROVED and ADOPTED this the 26 day of ril, A.D., 2010.
TOM REID
MAYO R
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
PUBLIC �L1BRA�iY SERVIC�S AGREEMENT
In order to suppk�ment the library services set out in th�
Fublic �Library S�e�vices contrac� dated A�ril 26 ("Contract"),
betwe�n the City of Pearland ("Gity") and 8razoria County
("County"�, City and County hawe agr��d ta c�r4,�erate in providing a
substativn �o the Pearland Branch of tf�e Brazoria Cou�ty L6brary
System pursuar�f to Texas Local Government Code §323.Ofl8 fQr the
mutual cov�nants �n� cc�n�icler�tior�s fi�erein set out;
I. GENERAL PURP�SE
Gounty and City wish to expand certain fibrary services fo the
citiz�ns of #he westerr� po� of City and its extraterritorial
jurisdic�ian by providing a fac�lity at which patrons can pick u�a
library mat�riais prev�ously req�aes��c� by interr�et or at the '�acility
and ret�rn sam�.
T� fhis end, the parties Y�ave agr�ed fo coQperate in pr4viding such a
facility af the City's West Sid� Event �enter locafed at 215[1
Go�antryplac� Parkway, PearEan�, Texas ("Facility"J.
II. G(�UNTY UBLIGATIONS
A. The Caunty shall provide a part time �a min6mum of twelve
hours per week) driver to defi�er and return library materials
circufated through the Faeility. The County shalf also pravide a part
time {a mir�imum of twenty hours per week) clerk to process the
r�ceipt ar�d delivery of library materia�s at ti�e Facility at the follawing
#imes:
Mon�ay and Wecinesday 3:{l{� P1Vi until 8:00 PM
Friday and Saturday '14:00 AM un�il 3:!�D PM
B. Within thirty (30} days following the execution� of this
Agreement �y both par�ies, the Gounty shall provide, rnaintain and
a�erate the following equi�rnent to accomplish the purpose o'F thi�
Agreement:
• Computer(s) v+�i#h receipf printers; an�i
• CQ�nputer wi�h laser barcode scanner; and
• Boak c�rt(s), required boak shelving, desk and chair,
telephane receiver, PAC stand, delivery tubs, cash box and
sup�ly storage cabinet; and
• Boak drop; and
• Tabietop pamphlet �disp[ay
C. Gour�ty shall provide City with quarterEy repor�ts detailirrg
the �asage ancf circulatiQn af boaks at th� Facility.
D. The County Librarian and #he City Manager, or his d�esignee,
sha�l be #he �designated contacts for purpases of monitoring
performar�ce of this Agre�m�nt.
�Il. CITY OBLlGATIC7NS
The Ci�y shail provide the folaovving facifities and personnel
cc�sts:
• A 90 by 1{} foot raorn ar space in the Westside Event Genter
and ap�ropriat� janitorial services for the ar�a; and
• Appropria�e signage for �F�e Facility; a�d
• C�ty shall reimburse County far personnel costs, not �o
�xceed $38,DOD annual�y, within 3� days following the City's
rece�pt of a monthly invoice fram County itemizing the
personnel cost� for the preceding month. Personnel costs
shail be those costs idenfified in Sectian II, A c�f this
Agreement (20 hour part-time clerk and 12 hour part-tirne
dr�ver) as more specifically described in Exhibi# "A'° attachec#
hereta.
IV. GENERAL AUTHOR6TY
The �arties agree that �he terms of the Contract shall appfy to
the pic�C-�plr��urn substation Faci�ity as are apprflpriate for the
�imited services provided. The County's library manag�ment
authority as set out in the Cor�tracf shall rerna�r� in effect �or this
faci�ity.
V. TERM
This agreement shall be for a term be�ir�nir�g May 1, 201� and
ending Sep#ember 30, 2D'� 1. 7he term may �e renewed accor+ding to
such conditpons �s may be agr��d upon by C�fy ar�d Caun#y.
V1. II�ISC�L�,AfVE�US
,4. City and Counfy recognize a�d agre�e t��t nothing herein
shall be cor�strued ta create any r�ghts in third parties.
compukers wlreceipt printers
cc�mputer wllaser printer
barcode scanner
boo�C cart'
shelving �
desk �
desk cfiair <
telephone 1
PAC stand r
delivery tubs �
baok drnp
cash box �
supply storage eabinet !
tabletap pamphle# display
25% contingency fund
20 hr pt clErk
12 hr pt driver
Pearland Westside CenkEr
f'ick up/drop o€f
1 $ �,630.00 � 1,630.Q0
1 $ 1,9Q0.00 $ 1,9(30.00
1 $ 125.OQ � 125.OD
1 � 5QO.aD $ 50{�.�Q
from �razoria
fram admin
1 $ 150.aD
1 $ 25.Db
'� $ 50a.D0
25 S 6.f}0
1 $ 8,Ob0.00
� � 25.�0
1 $ 2b0.0�
1 � 30.OD
� �,�os.00
$ 150.0(�
$ 25. QO
� sr�o. o�
$ ��a.�a
� s,c�oo.ao
� ��.ao
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$ 3Q.0�
� 3,so�.ao
� ��,�a4.ao
1 ;21,262.00 $21,262.OQ
� � �5,897.QD $ 95,897.00
� 53,7D3.OQ
EXHI'�E7
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B. Th� F'arties expressly agree that na party shalt have #he
right to se�k inderrjnification or contributioa� from any other party
hereto for ar�y loss�s, cosfs, expenses, or damages directly ca�
irodirec#iy arising, in whol� or part from this Agreerr�en#.
C. Whenever possibl�, each provisior� of this Agreement
shall �e interpr�ted in such a manner as to be effe�ctiv� and valid
under appiicable law, but if any section, su�section, paragrap�,
sent�r�ce, clause, phrase, wark or portian of this Agr��ment is, for
any reason, held inva�id unconstitu#ional or ofherwise unen�orceable
by any ca�ar# of competen� jurisdiction, such portion shall b� deerned
a separate, distinct, and independent pravision and s�rch holding
shall not affec# the rralidity of fh� r�maini�g portior�s thereaf.
D. The R�ghts and obligations of this Agreem�nt shall not be
assignec! wi#hout pric�r writter� cor�sent of City and Co�nty.
E. This Agreement and all abligativns created hereund�r
shall be performable ir� Brazoria Caunty, Texas.
F. This Agreemenf sf�all be constr�ed and enforced in
accordance with and governed by #he laws of the State of T�xas.
G. This Ag� shalf be binding upon and ir�ure tc� the
benefit of fhe parties and their admin�strators, agents, employees,
successars and assigns permitt�d by this A�reerner�t.
H. City ar�d County recognize and agree that Gvuraty, ir�
performance af this Agr��ment, shall act as an independent
contractors and shall have control of its own work anct the manner in
which� it is perfarmed and all employees of Ca�anty shall r�mair�
Coun�y employe�s and sf�all not be considered age�nts, emplayees or
l�arrow�d servants of City.
VII EFFECTIVE DATE
The effective date af this agreemenf shall be Apri 1 2� , 201 U.
APPROVAL
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TOM Ef MAYC3R , CITY O� PEARLAND
,
'�. J. f�G, BRA �UNTY JUD��